We welcome you to www.toneopeats.com. You must agree to the following terms and conditions to avail of services/goods offered by ToneOp Eats or any of its affiliates. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Website. If you need to contact us regarding any aspect of the following terms of use of our website, please contact us on the following email address: [email protected].

The Website, the m-site for the Website, the applications available on the iOS and Android operating systems and/or other service (“Platform”), regardless of how distributed, transmitted, published, or broadcast and any related pages and Content, under our control (“Service”) are developed, owned and operated by Bansal Tech Professionals (“Bansal Tech”), a Private Limited Company incorporated under the Indian Companies Act, 1956 having its registered office address at Link Road No. 3, behind Bombay Dying Showroom, Bittan Market, E-5, Arera Colony, Bhopal, Madhya Pradesh - 462 016.

These terms and conditions form a document which is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions about 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 (“Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website. These Terms of Use (the Terms of Use) govern your use of our website, www.toneopeats.com.

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other ToneOp Eats policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other ToneOp Eats policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other ToneOp Eats policies. As long as you comply with these Terms of Use, ToneOp Eats grants you a personal, non-exclusive, non-transferable, limited 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 ToneOp Eats policies (including but not limited to Cancellation & Refund Policy, Privacy Policy etc.) as may be posted on the Platform from time to time.

You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content. You agree to use the Service only for your own personal non-commercial use and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

Your personal information, such as e-mail addresses, etc., is not sold by ToneOp Eats to third parties.

You grant consent to ToneOp Eats to use and share the personal information provided by you for ToneOp Eats’ business purposes and/or marketing/research purposes and/or for the purposes of an investigation under good faith and belief that such investigation or disclosure is (a) reasonably necessary to comply with legal processes and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on ToneOp Eats; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) helpful to protect ToneOp Eats’ rights, reputation, property, or that of ToneOp Eats’ users, subsidiaries, or the public.

You understand that our liability ends once your order has been delivered to you. We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such products or services.

You understand that our liability ends once your order has been delivered to you. We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such products or services.

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

If you use the Platform, you do the same at your own risk. You agree to use the Platform for bona fide purposes, and you shall not cause any financial or other loss to ToneOp Eats. In case ToneOp Eats has reason to believe that the Platform and its services are abused to cause loss or intended to cause loss, we shall reserve all the rights to report to law enforcement agencies and/or take all the actions to prevent/eliminate such loss.

You shall also be liable to pay any additional charges and/or applicable taxes, if any, which may be applicable to each transaction. In connection with your Order, you 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.

You agree to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the various modes available at that time. You hereby authorise 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 you are directed to our third-party payment processor, you may be subject to the 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 the privacy policy before using the Platform services, once your confirmed booking transaction is complete, you will receive a confirmation email summarising your confirmed booking. All the products listed on the Platform will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of booking the Order. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis.

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions.

You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms & Conditions and applicable law, and in a manner that does not violate our legal rights or those of any third party (ies).

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 our Platform. Only individuals who are 18 years of age or older may use our Platform and avail of our services. If you are under 18 years of age and you wish to download, install, access or use the Service, 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 to or acknowledge the Terms of Use and ToneOp Eats’ policies, you shall immediately discontinue its use. ToneOp Eats reserves the right to terminate your Membership and/or deny access to the Service if it is brought to ToneOp Eats’ notice that you are under the age of 18 years.

ToneOp Eats shall not be liable for any acts or omissions, including deficiency in service, wrong delivery of order/order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc. each order shall be carried out on a best-effort basis and in case a user is dissatisfied with their order they can refer to the refund/cancellation mechanism set out in this policy to resolve any such issue.

Please note that some of the Products may be suitable for certain ages only. You should check the dish You are ordering and read its description, if provided, prior to placing your order. We shall not be liable in the event the Products ordered by You do not meet your dietary or any other requirements and/or restrictions or causes any adverse effect.

While placing an order, You shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance of ToneOp Eats’ Terms of Service and Privacy Policies.

You or any person instructed by You shall not resell any of the Products purchased via the D2C Channel.

The total price for the Products ordered, including the Delivery Charges, Delivery Surge, and other charges, will be displayed on the D2C Channel when You place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such Products ordered via the D2C Channel.

Any amount that may be charged to You by over and above the order value, shall be inclusive of applicable taxes.

Delivery periods/takeaway time quoted at the time of ordering are approximate and indicative only and actual delivery time may vary. The delivery period/takeaway time quoted on the D2C Channel does not amount to a warranty of delivery.

If you use the Platform, you do the same at your own risk. You or the Cardholder must keep a record of all transactions entered into with the Platform. You are responsible for the confidentiality of your information. You understand that the meals shall be delivered to the people as and when need arises which may or may not be on an immediate basis.

You acknowledge and agree that if ToneOp Eats disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

In our effort to continuously improve the ToneOp Eats Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the ToneOp Eats Platform better, more convenient and easier to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.

ToneOp Eats may from time to time introduce referral and/or incentive-based programs for its customers. These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the ToneOp Eats Platform Terms & Conditions. Further, ToneOp Eats reserves the right to terminate/suspend the Customer's account and/or credits/points earned and/or participation of the Customer in the Program if ToneOp Eats determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or ToneOp Eats Platform terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, ToneOp Eats reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

ToneOp Eats may, from time to time, offer to the Customers credits, promo codes, vouchers or any other form of cashback that ToneOp Eats may decide at its discretion. ToneOp Eats reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

ToneOp Eats is not responsible for any medical conditions or extremities that are experienced by the customer during the tenure of the meal delivery and is not liable to pay any compensation for the same.

The diets are prepared by certified nutritional experts, and the customer should take advice from their medical practitioner before starting any diet. Customers are asked thoroughly for their medical history before designing the diets and the same is kept in mind.

The customer shall be responsible for communicating all past medical records clearly before starting any plan.

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, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

You recognize that ToneOp Eats is the owner of the word mark ‘ToneOp Eats’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly attack or assist another in attacking the validity of, or ToneOp Eats’ or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world.

If you become aware or acquire knowledge of any infringement of IPR you shall report the same at [email protected] with all relevant information.

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 license 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

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 or wallets or rebel credits.

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 us or 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.

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.