We are smoothbazar, a brand of http://www.smoothbazar.comare references to the Company Fycus IT Solutions Pvt. Ltd., CINU72100KL1995PTC009710, unless otherwise stated.
c."you", "your" and "yours" are references to youthe person accessing this web application and ordering any Services through theWebsite or from any other channel provided by smoothbazar;
d."we", "us", "our", and "smoothbazar"are references to the Company Fycus IT Solutions Pvt. Ltd., CINU72100KL1995PTC009710;
e."Goods" is a reference to any goods which we may offer for salefrom our Website from time to time;
f."Service" or "Services" is a reference to any servicewhich we may supply and which you may request via our Website;
g."Participating Restaurant" is a third party, which has agreed toco-operate with the Company to prepare and/or deliver the Goods or Services.
h."Food Delivery" is a reference to perishable goods and to any formof delivery service, which both are provided by our Participating Restaurantsand for both of which our Participating Restaurants take full responsibility;and
i."Website" http://www.smoothbazar.com or our mobile applications isa reference to on which we offer our Goods or Services.
a.Any contract for the supply of Food delivery from this application is betweenyou and the participating restaurants; for the supply of goods or services fromthis application any contact is between you and smoothbazar. You agree to takeparticular care when providing us with your details and warrant that thesedetails are accurate and complete at the time of ordering. You also warrantthat the credit or debit card details that you provide are for your own creditor debit card and that you have sufficient funds to make the payment.
b.Food Delivery, Goods and Services purchased from this website/application areintended for your use only and you warrant that any Goods purchased by you arenot for resale and that you are acting as principal only and not as agent foranother party when receiving the Services.
c.Please note that some of our Goods may be suitable for certain age rangesonly. You should check that the product you are ordering is suitable for theintended recipient.
d.When ordering from this Website you may be required to provide an e-mailaddress and password. You must ensure that you keep the combination of thesedetails secure and do not provide this information to a third party.
e.We will take all reasonable care, in so far as it is in our power to do so,to keep the details of your order and payment secure, but in the absence ofnegligence on our part we cannot be held liable for any loss you may suffer ifa third party procures unauthorized access to any data you provide when accessingor ordering from the website/application.
f.Any order that you place with us is subject to product availability, deliverycapacity and acceptance by us and the Participating Restaurant. When you placeyour order online, we will send you an email to confirm that we have receivedit. This email confirmation will be produced automatically so that you haveconfirmation of your order details. You must inform us immediately if anydetails are incorrect. The fact that you receive an automatic confirmation doesnot necessarily mean that either we or the Participating Restaurant will beable to fill your order. Once we have sent the confirmation email we will checkavailability and delivery capacity.
g.If the ordered Food Delivery and delivery capacity is available, theParticipating Restaurant will accept the contract and confirm it to smoothbazar.If the details of the order are correct, the contract for the Food Delivery,Goods or Services will be confirmed by text message (SMS)/email conformation.
h.In the case that Goods offered by smoothbazar were ordered, smoothbazar willconfirm availability together with or separately from the delivery.
i.The confirmation message will specify delivery details including theapproximate delivery time specified by the Participating Restaurant and confirmthe price of the Food Delivery, Goods and Services ordered.
j.If the Food Delivery and/or Goods are not available or if there is nodelivery capacity, we will also let you know by text message (SMS) or phonecall.
3.Prices and Payment
a.Any contract for the supply of Food Delivery from this website is between youand the participating restaurant; for the supply of goods or services from thiswebsite any contact is between you and smoothbazar. You agree to take particularcare when providing us with your details and warrant that these details areaccurate and complete at the time of ordering. You also warrant that the creditor debit card details that you provide are for your own credit or debit cardand that you have sufficient funds to make the payment.
b.All prices listed on the Website are correct at the time of publication andhave been input as received by the restaurant; While we give great careto keep them up to date, the final price charged to you by the restaurant canchange at the time of delivery based on the latest menu and prices of therestaurant. We also reserve the right to alter the Goods or Services availablefor sale on the Website and to stop listing restaurants, Goods or Services.
c.All prices listed on the Website for Food Delivery by the ParticipatingRestaurant reflect the price the Participating Restaurant charges at the timeof listing. In case the price listed is not current and the restaurant informsus immediately after placing the order, we will put our best effort to contactyou to inform you about the price difference and you can choose to opt-out ofthe order at that time.
d.All prices for delivery by smoothbazar or a third party provider assigned by smoothbazarlisted on the Website are correct at the time of publication, however, wereserve the right to alter these in the future
e.The total price for Food Delivery, Goods or Services ordered, includingdelivery charges and other charges, will be displayed on the Website when youplace your order. Full payment must be made for all Goods despatched andServices provided. Payment has to be made in cash or, if available on thewebsite, by online payment, e.g. credit or debit card.
f.If you choose online payment, you must pay for your order before it isdelivered. To ensure that shopping online is secure, your debit/credit carddetails will be encrypted to prevent the possibility of someone being able toread them as they are sent over the internet. Your credit card company may alsoconduct security checks to confirm it is you placing the order.
g.The prices reflected on the website/mobile application/email are determinedsolely by the Participating Restaurant and informed to Smoothbazar at the timeof listing or afterwards. Any change in the prices of menu at the time ofplacing order is at the sole discretion of the Participating restaurant.
h.All applicable taxes and levies, the rates thereof and the manner ofapplicability of such taxes are being charged and determined by theParticipating Restaurant and Smoothbazar is merely collecting the same onbehalf of such Participating Restaurant.
i.The entire amount of applicable taxes collected by Smoothbazar is directlyremitted as it is to Participating Restaurants and Smoothbazar does not retainany amounts thereof
j. Smoothbazar is not responsible for validating the legal sanctity of theapplicable taxes and the manner of its applicability on behalf of theParticipating Restaurant. Smoothbazar holds no responsibility for the legalcorrectness/validity of the levy of such taxes. The sole responsibility for anylegal issue arising on the taxes shall reside with the ParticipatingRestaurant.
k.The transaction of sale of food or food items is between ParticipatingRestaurant and the customer, and accordingly, Smoothbazar is not liable tocharge or deposit any taxes applicable on such transaction
l.The final tax invoice will be issued by the Participating Restaurant anddelivered to the customer along with the order
a.Delivery periods quoted at the time of ordering are approximate only and mayvary. Goods will be delivered to the address designated by you at the time ofordering.
b.If delivery is done by the Participating Restaurant, it is the ParticipatingRestaurants sole responsibility to provide Food Delivery in a timely manner.
c.In the case delivery is done by smoothbazar, we will give great care todeliver in a timely manner. No responsibility is taken for late delivery by smoothbazarin either case.
d.All orders are delivered by a reputable courier. We and the ParticipatingRestaurant will make every effort to deliver within the time stated; however,we will not be liable for any loss caused to you by ordering late. If the Goodsare not delivered within the estimated delivery time quoted by us, pleasecontact the participating restaurant first. You may also contact us bytelephone or email and we will try to ensure that you receive your order asquickly as possible.
e.In case of a late delivery, the delivery charge will neither be voided norrefunded by smoothbazar.
f.All risk in the Goods and the Food Delivery shall pass to you upon delivery.
g.If you fail to accept delivery of Food Delivery and/or Goods at the time theyare ready for delivery, or we are unable to deliver at the nominated time dueto your failure to provide appropriate instructions, or authorizations, thensuch goods shall be deemed to have been delivered to you and all risk andresponsibility in relation to such goods shall pass to you. Any storage,insurance and other costs which we incur as a result of the inability todeliver shall be your responsibility and you shall indemnify us in full forsuch cost.
h.You must ensure that at the time of delivery of food delivery and/or Goodsadequate arrangements, including access where necessary, are in place for thesafe delivery of such goods. We cannot be held liable for any damage, cost orexpense incurred to such goods or premises where this arises as a result of afailure to provide adequate access or arrangements for delivery.
i.Participating restaurants, who will prepare your order, aim
i.to deliver the product to you at the place of delivery requested by you inyour order;
ii.to deliver within the time confirmed by the restaurant;
iii.to inform you if they expect that they are unable to meet the estimateddelivery time.
j.Participating Restaurants and we shall not be liable to you for any losses,liabilities, costs, damages, charges or expenses arising out of late delivery;
k.Please note that it might not be possible for Participating Restaurants todeliver to some locations. If this is the case, our Participating Restaurantsor we will inform you using the contact details that you provide to us when youmake your order and arrange for cancellation of the order or delivery to analternative delivery address;
a.You must notify the participating restaurant or smoothbazar customer careimmediately if you decide to cancel your order, preferably by phone, and quoteyour order number. If the restaurant accepts your cancellation, no cancellationfee applies. If the restaurant refuses cancellation, e.g. because preparationof Food Delivery has been completed and/or delivery personnel has already beendispatched, it may not be cancelled. We will not be able to refund any order,which has been already dispatched.
b.We may cancel a contract if the product is not available for any reason. Wewill notify you if this is the case and return any payment that you have made;
c.If the cancellation was made in time and once the restaurant has acceptedyour cancellation, we will refund or re-credit your debit or credit card withthe full amount within 14 working days, which includes the initial deliverycharge which you paid for the delivery of the Goods or the Services, asapplicable.
d.In the unlikely event that the Participating Restaurant delivers a wrongitem, you have the right to reject the delivery of the wrong item and you shallbe fully refunded for the missing item. If the Participating Restaurant canonly do a partial delivery (a few items might be not available), its staffshould inform you or propose a replacement for missing items. You have theright to refuse a partial order before delivery and get a refund. We are notresponsible for wrong or partial delivery. The issue has to be settled directlywith the Participating Restaurant.
a.Where we have requested information from you to provide Food Delivery, Goodsor Services you agree to provide us with accurate and complete information.
c.You are entitled to request a copy of the personal information we hold onyou. Please contact us if you wish to request this information.
7. Linked Sites
a.There may be a number of links on our Website to third party Websites whichwe believe may be of interest to you. We do not represent the quality of theGoods or Services provided by such third parties nor do we have any controlover the content or availability of such sites. We cannot accept any responsibilityfor the content of third party Websites or the Services or Goods that they mayprovide to you.
a.We take complaints very seriously and aim to respond to your complaintswithin 5 working days. All complaints should be addressed to [email protected]
9.Limitation of Liability
a.Great care has been taken to ensure that the information available on thisWebsite is correct and error free. We apologize for any errors or omissionsthat may have occurred. We cannot warrant that use of the Website will be errorfree or fit for purpose, timely, that defects will be corrected, or that thesite or the server that makes it available are free of viruses or bugs orrepresents the full functionality, accuracy, reliability of the Website and wedo not make any warranty whatsoever, whether express or implied, relating tofitness for purpose, or accuracy.
c.We disclaim any and all liability to you for the supply of the Food Delivery,Goods and Services to the fullest extent permissible under applicable law. Thisdoes not affect your statutory rights as a consumer. If we are found liable forany loss or damage to you such liability is limited to the amount you have paidfor the relevant Goods or Services. We cannot accept any liability for anyloss, damage or expense, including any direct or indirect loss such as loss ofprofits to you, howsoever arising. This limitation of liability does not applyto personal injury or death arising as a direct result of our negligence.
d.We do not accept any liability for any delays, failures, errors or omissionsor loss of transmitted information, viruses or other contamination ordestructive properties transmitted to you or your computer system via ourWebsite.
e.We shall not be held liable for any failure or delay in performing Servicesor delivering Goods where such failure arises as a result of any act oromission, which is outside our reasonable control such as all overwhelming andunpreventable events caused directly and exclusively by forces of nature thatcan be neither anticipated, nor controlled, nor prevented by the exercise ofprudence, diligence, and care, including but not limited to: war, riot, civilcommotion; compliance with any law or governmental order, rule, regulation ordirection and acts of third parties.
f.If we have contracted to provide identical or similar order to more than oneCustomer and are prevented from fully meeting our obligations to you by reasonof an Event of Force Majeure, we may decide at our absolute discretion whichorders we will fill and to what extent.
g.The products sold by us are provided for private domestic and consumer useonly. Accordingly, we do not accept liability for any indirect loss,consequential loss, loss of data, loss of income or loss of profit, loss ofdamage to property and/or loss from claims of third parties arising out of theuse of the Website or for any products or services purchased from us.
h.We have taken all reasonable steps to prevent Internet fraud and ensure anydata collected from you is stored as securely and safely as possible. However,we cannot be held liable in the extremely unlikely event of a breach in oursecure computer servers or those of third parties.
i.In the event smoothbazar has a reasonable belief that there exists an abuseof vouchers and/or discount codes or in suspected instances of fraud, smoothbazarmay cause the shopper (or customer) to be blocked immediately and reserves theright to refuse future service. Additionally, should there exist an abuse ofvouchers or discount codes, smoothbazar reserves the right to seek compensationfrom any and all violators.
j.Offers are subject to Smoothbazar management’s discretion and may bewithdrawn at any time and without notice.
a.All prices are in India Rupees. GST is included where indicated
b.We may subcontract any part or parts of the Services or Goods that we provideto you from time to time and we may assign or novate any part or parts of ourrights under these Terms and Conditions without your consent or any requirementto notify you.
c.We may alter or vary the Terms and Conditions at any time without notice toyou.
d.Payment must be made either at the time of ordering the Food Delivery, Goodsor Services from us by credit card or at the time of delivery by cash. Failureto pay on time will result in the cancellation of your order.
e.Do not use or launch any automated system or program in connection with ourwebsite or its online ordering functionality;
f.Do not collect or harvest any personally identifiable information from thewebsite, use communication systems provided by the website for any commercialsolicitation purposes, solicit for any reason whatsoever any users of thewebsite with respect to their submissions to the website, or publish or distributeany vouchers or codes in connection with the website, or scrape or hack thewebsite.
h.If any term or condition of our Agreement shall be deemed invalid, illegal orunenforceable, the parties hereby agree that such term or condition shall bedeemed to be deleted and the remainder of the Agreement shall continue in forcewithout such term or condition.
i.These Terms and Conditions and our Agreement shall be governed by andconstrued in accordance with the laws of India. The parties here to submit tothe exclusive jurisdiction of the courts of India.
j.No delay or failure on our part to enforce our rights or remedies under theAgreement shall constitute a waiver on our part of such rights or remediesunless such waiver is confirmed in writing.
k.Customers placing order with smoothbazar are liable of receiving promotionalSMS, irrespective of their number being registered under NDNC. If customer wishto not receive promotional SMS, they may contact us on [email protected]
l.These Terms and Conditions and a contract (and all non-contractualobligations arising out of or connected to them) shall be governed and construedin accordance with India Laws. Both we and you hereby submit to thenon-exclusive jurisdiction of the India Courts. All dealings, correspondenceand contacts between us shall be made or conducted in the English language.
m.The voucher calculation is subject to Smoothbazar management discretion andmay be altered at any time and without notice. The voucher can discount any/allof the components including food cost, taxes and fees and likewise.
n.Any Service Fee/Delivery Fee charged by Smoothbazar is subject to prevailingGST Rates.
o.Rates under the GST regime have recently been notified. The restaurants arecurrently examining the taxability of their supplies. Smoothbazar hence, doesnot bear any responsibility on the taxes charged by the restaurant in theinterim period.
p. Refunds/Cancellations: Kindly align the Refund policy to be inline with theproducts and services available on the website and include the number of daystaken to process the refund and credit the amount to the customers bank account.(fore.g. 5-7 working days).