1. These terms of use (the “Terms of Use”) govern your use of our Website www.aaswadcaterers.com (the “Website”). The Website is referred to as the “Services”). Please read these Terms of Use carefully before you use the Services or download the website pages page. If you do not agree to these Terms of Use, you may not download or use the Services. By placing an order, downloading, or using the Services, you signify your acceptance of the Terms of Use and Privacy Policy. (being hereby incorporated by reference herein) which takes effect on the date you ordered or use the Services, and create a legally binding arrangement to abide by.)
2. The Services is operated and owned by Aaswad Banquets and Caterers Pvt. Ltd. (hereinafter referred to as “Aaswad Caterers”, “The Caterer”, “we”, “us” or “our”), a company registered in Mumbai.)
3. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website, and you shall be liable to update yourself of such modifications, if any, by accessing the changes on the Website. You shall always be responsible for regularly reviewing the Terms of Use and the Privacy Policy and noting the Website’s changes. Your continued usage of the Services after any change is posted your acceptance of the amended Terms of Use and Privacy Policy.
4. How the Services and Service works

4.1 We are an online and offline catering company. We are providing you (a) Catering Services online in our serviceable area. Greater Mumbai, Thane, Mira Road, Bhaynder cities in Maharashtra along with our Tie up venue partners and service and food providers (“Vendors”); (b) pre-pay for your food order by banking channels made available to you on the Services or paying for your food by debit or credit card online.

4.2 We have tie-ups with some vendors like Venue and other related services like Decorators, Photographers, Pandit, D.J. or Special Entry, and other counter or services. Also, we club some services in the package. We did it packages are only for customer’s convenience.  We do not own, sell, resell, furnish, provide, prepare, manage and control the Vendors or the related services offered in connection.

4.3 Our responsibilities are limited to (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor to accept payments from you for your online Catering order and deliver your order.

5 Bookings and Financial Terms

5.1 The Services allows you to make catering order bookings, and we will, subject to the terms and conditions set out herein, deliver the same to you.

 5.2 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use, including, but not limited to, product availability and delivery location.

5.3 As a general rule, Upon Aaswad Caterers Confirmation, all Catering orders made will be treated as confirmed

 5.4 However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the order’s details, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) the first and last name, (ii) mobile number, and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

5.5 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 the price of the order. At this time, any modification or confirmation of the order shall be treated as final, and we will receive an email confirming the change in order. It is clarified that if you are unavailable on the phone when we confirm the order, we will cancel your order. The provisions of the cancellation and refund policy below shall be applicable.

   5.6 You can pay by credit card or debit card or net banking when booking an order, or you can pay by credit or debit card or cash at the time of delivery.

   5.7 You acknowledge and agree that we act as the Vendor’s payment agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of amounts to us, which are due to the Vendor, your payment obligation to the Vendor for such charges is completed, and we are responsible for remitting such amounts to the Vendor. You shall not, under any circumstances whatsoever, make any payment directly to the Vendor.

  5.8 You agree to pay us for the total amount for any booking made. We will collect the total amount by the terms and conditions of these Terms of Use and the pricing terms outlined in the applicable menu listing for the particular Vendor. Please note that we cannot control any amount charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

  5.9 In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information to our third-party payment processor or us. You agree to pay us for any confirmed bookings by these Terms by one of the methods described on the Services– e.g. by a credit card. You hereby authorize 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 Services. Suppose you are directed to our third-party payment processor. In that case, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policies before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

6. Cancellations and Refunds

6.1 Cancellation

   (a) As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.

   (b) However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event, you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.

(c) We reserve the sole right to cancel your order in the following circumstance:

   (i) in the event of the designated address following outside the delivery zone offered by us;

 (ii) failure to contact you by phone or email at the time of confirming the order booking;

(iii) failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

(iv) unavailability of all the items ordered by you at the time of booking the order; or

(v) failure due to reasons beyond our control or attributable to the Vendor.

6.2 Refunds

(a) You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Services and only in the event of any of the following circumstances:

(i) your order packaging has been tampered or damaged at the time of delivery;

(ii) us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

(iii) you cancel the order at the time of confirmation due to the unavailability of the items you ordered at the time of booking.

(b) Our decision on refunds shall be at our sole discretion and shall be final and binding.

(c)  All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.

6.3 In case of payment at the time of delivery, you will not be required to pay for:

(a) orders where the packaging has been tampered or damaged by us;

(b) wrong order being delivered; or

(c) items missing from your order at the time of delivery.

7. Terms of Service

7.1 You agree and acknowledge that we shall not be responsible for:

(a) The services or goods provided by the Vendor including, but not limited, serving of food orders suiting your requirements and needs;

(b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;

(c) The availability or unavailability of certain items on the menu; or

(d) The Vendor serving the incorrect orders.

7.2 The details of the menu and price list available on the Services are based on the information provided by the Vendors, and we shall not be responsible for any change or cancellation or unavailability.

7.3 You may not be able to avail of our Services if your delivery location is outside our current scope of service. We will keep you informed of the same at the time of confirming your order booking.

7.4 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.

7.5 Your order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery, and you shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion.

7.6 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you. All risk and responsibility in relation to such goods shall pass to you, and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.

7.7 You understand that our liability ends once your order has been delivered to you.

7.8 Services provided:

(a) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.

(b) Each purchase on the service shall contain necessary instructions to redeem the Services. These Terms of Use shall govern the terms of the services, and any other terms as set out in such document confirm such sale of service. You shall not be entitled to receive any credit, refund or cashback for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.

(c) You agree and acknowledge that neither us nor the Vendor shall be liable in the event of you failing to adhere to the Terms of Use.

(d) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card you do not lawfully own, i.e. in any transaction; you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required about fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise due to any unauthorized use of your credit/ debit card.

  7.9 We do not offer any refunds against goods already purchased from the Services unless an error directly attributable to us has occurred during the purchase of such product or services.

  7.10 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

  7.11 If you use the Services, you do the same at your own risk.

 7.12 You agree that we shall provide the Services only during the working hours of the relevant Vendors.

8. No Endorsement

8.1 We do not endorse any Vendor. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm and do not confirm any of your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

8.2 By using the Services, you agree that any legal remedy or liability you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us concerning such actions or omissions.

9. General terms of use

9.1 Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or accept the Terms of Use and Privacy Policy, you shall immediately discontinue its use.

 9.2 If you choose to use the Services, 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 (“Third Party”). At times and our sole discretion, we shall reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

9.3 As we are providing services in Mumbai & Bangalore, we have complied with applicable laws of India in making the Services and their content available to you. If the Services is accessed from outside India or our delivery zones, it shall be entirely at your risk. We make no representation that the Services and their contents are available or otherwise suitable for use outside Mumbai & Bangalore. If you choose to access or use the Services from or in locations outside Mumbai & Bangalore, you do so independently. You shall be responsible for the consequences and ensuring compliance with applicable laws, regulations, bye-laws, licenses, registrations, permits, authorizations, rules and guidelines.

9.4 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 Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.

9.5 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 Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services, and we shall not, under any circumstances whatsoever, be responsible for such expenses.

9.6 You agree to receive promotional SMS from Aaswad Caterers or allied partners. In case you wish to opt-out of receiving promotional SMS’s please send a mail to [email protected].

9.7 By using the Services you represent and warrant that:

(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

(ii) Your use of the Services shall be solely for your personal use. You shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages. Your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties, and regulations, including data privacy, international communications, and technical or personal data transmission.

(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

(iv) All necessary licenses, consents, permissions and rights are owned by you. There is no need for any payment or approval or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service, contact [email protected].

(vi) You will not use the Services in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.

(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.

(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

(x) You will not delete or modify any content of the Services, including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos that you do not own or have express permission to modify.

(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:

(a) any part of the Services or the Services software; or

(b) any equipment or any network on which the Services is stored or any equipment of any Third Party.

10. Access to the Services, Accuracy and security

10.1 We endeavour to make the Services available during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error-free, free of viruses or other harmful components or that such defects will be corrected.

10.2 We do not warrant that the Services 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 limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or you are obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.

10.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.

10.4 We reserve the right to suspend or withdraw access to the Services to you personally or all users temporarily or permanently at any time without notice.

11. Relationship with operators if the Services is accessed on mobile devices

11.1 In the event the Services 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”).

11.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.

11.3 You and we acknowledge that these Terms of Use are concluded between you and us only and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Use.

11.4 The license granted to you for the Services is limited to non-transferable permission to use the Services on a mobile device that you own or control and as permitted by these Terms of Use.

11.5 We are solely responsible for providing any maintenance and support services concerning the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services concerning the Services.

11.6 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 Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims to arise under consumer protection or similar legislation.

11.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringe 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.

11.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).

11.9 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.]

12. Disclaimers

12.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

12.2 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 SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

12.3 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

12.4, YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME 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 LIMITED 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 CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.

12.5 WHILE THE MATERIALS PROVIDED ON THE SERVICES 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.

12.6 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. 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.

12.7 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 SERVICES. 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.

12.8 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 VENDOR ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Intellectual property

13.1 We are the owner or the licensee of all intellectual property rights in the Services and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

13.2 You may print off one copy and may download extracts of any page(s) from the Services or our Website for your reference. You may draw the attention of others within your organization to material available on the Services.

13.3 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.

13.4 You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.

13.5 If you print off, copy or download any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

14. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.