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{{currentPathname[1].indexOf('corporate-terms-and-conditions') != -1 ? 'Corporate': ''}} Terms and Conditions
General Terms and Conditions:
  1. The Client (hereinafter referred to as various Corporate Clients that FreshMenu shall tie up with) and the Employees of the Client hereby agree and accept that:
    1. The Client shall, and procure that the Employees shall, abide by the terms and conditions of the Services of FreshMenu as expressly set out on its website, m-site and/ or mobile application, as maybe amended by FreshMenu from time to time
    2. The Corporate Discounts shall be availed only through the registered email addresses of the Employees which are registered on the domain name shared with FreshMenu by the human resource personnel of the Client pursuant to the Agreement.
    3. The Corporate Discounts shall be granted for the sole purpose of availing the Services by the Employees of the Client and no such Corporate Discounts shall be availed by any subsidiaries or affiliates of the Client.
    4. The Client hereby agrees that the Client shall enter into such corporate program for food/ meal delivery with FreshMenu on an exclusive basis.
  2. FreshMenu reserves the right to refuse future provision of the Service to the Client or any of the Employee upon a reasonable suspicion that there exists an abuse of the Corporate Program, discount coupons and/ or promotional codes. In addition, FreshMenu reserves the right to seek compensation from any and all violators in the event of such abuse.
  3. The Client hereby acknowledges that FreshMenu provides the best prices under the Corporate Program for the Services and the Parties agree that no coupon codes or promo codes will be applicable to orders placed by the Client or the Employees under the Corporate Program. FreshMenu represents that, subject to terms and conditions of other ongoing offers of FreshMenu, if a meal/ food item is cheaper than the price offered under Corporate Program under any of FreshMenu’s such ongoing offers, then the Client and the Employees will automatically be charged at such lower price under the Corporate Program.
  4. FreshMenu, at its sole discretion, retains the right to amend, modify, change and/ or terminate its Corporate Program at any time.
  5. The Client and the Employee of the Client shall not be permitted to have a Club Account with FreshMenu while being registered for the Corporate Program.
Raising Orders:
  1. The Employees shall use the website or m-site or mobile application (as the case maybe) of FreshMenu for raising order for FreshMenu meal (“Order”) from the Menu.
  2. The Employees shall raise their Orders before the agreed timings from time to time to avail discounts under the Corporate Program (“Corporate Discount”). In the event that the Employees raise Orders post the agreed time, the Employees will not be able to avail Corporate Discount on such Orders. Depending upon what has been agreed between the client and FreshMenu, delivery of such orders will happen as per the agreed timelines.
  3. There shall be a separate list (“Corporate Discount List”) of food/meal items marked for Corporate Discounts by FreshMenu. The Employees shall raise their Order from such list on the menu for availing Corporate Discount. [In the event a food/ meal items ordered by the Employee are from outside the Corporate Discount List, the Employee shall be charged for such food/ meal at the listed price on the menu.]
  4. There shall be no cap on number of food items/ meals that can be ordered by the Employee.
  5. [Any Order placed with FreshMenu is subject to availability of the meals/ food items, delivery capacity and subject to email confirmation by FreshMenu. The Client and the Employee of the Client must inform FreshMenu immediately in the event the details in the confirmation email with respect to the Order are incorrect. If FreshMenu is not able to deliver the Order for any reason whatsoever, FreshMenu shall as soon as practicable inform the Client or the Employees of the Client of such inability to deliver.][1]
Payment Mechanism:
  1. The Order shall only be placed upon payment by the Client or the Employee on the website or m-site or mobile application (as the case maybe) of FreshMenu through means of online payments by netbanking or card payments based upon the prices set forth for the meal/ food items on such website or m-site or mobile application.
  2. The Client and the Employee acknowledge that FreshMenu may amend or modify the manner in which payments can be made by the Client and the Employees of the Client from time to time. Further, FreshMenu may introduce different payment and refund mechanisms for the Services including introduction of FreshMenu money wallets for receiving or refunding (as applicable) of payments and, in such an event, FreshMenu shall to intimate the Client and the Employees of the Client of such amendments or modifications in payment mechanisms for the Services.
Delivery:
  1. The Client shall provide FreshMenu with a designated area (either at the reception area or security gate of the Client) (“Delivery Point”) at the delivery location for delivering the food/ meal to the Employees.
  2. FreshMenu shall not be responsible for delay in the delivery of the Order or any consequences arising from such delay on the quality of the Order in the event that there is non-availability of Delivery Point for no fault of FreshMenu for delivering the Orders.
  3. FreshMenu shall use its best efforts to deliver the food/ meal to the Employees as per the agreed timelines at such Delivery Point. In the event that FreshMenu experiences any difficulty that prevents FreshMenu from achieving its time commitments for the Services, FreshMenu will as soon as practicable alert the Client of such delay. [However, FreshMenu shall not take any responsibility for delay in delivery time within reasonable limits or due to any unforeseeable circumstances or by reason of Force Majeure.][2]
  4. The Employees shall pick up the Order from the Delivery Point within 15 (Fifteen) minutes of the delivery executive of FreshMenu reaching the Delivery Point. In the event the Employee, picks up the Order later than 15 (Fifteen) minutes of the Order arriving at the Delivery Point, FreshMenu shall not be liable for the freshness/ quality of the food/ meal and the Employee shall not complain about the Services including the food/ meal items being cold or stale.
Corporate Address:
  1. The Employees can avail of the Corporate Discount only for delivery at the registered corporate address of the Client.
  2. The corporate address will be automatically linked to the Employee as provided by the Client at the time of signing up with FreshMenu for the Corporate Program.
  3. FreshMenu at its sole discretion may permit the Client to provide more than one corporate address for delivery of the Services.
Cancellation of Orders:
  1. The cancellation of any order made should be cancelled within 10 (Ten) minutes of placing the order. Any cancellation made after such period of 10 minutes shall not be entertained and shall be entitled to receive the entire amount of the order placed.
Payments/ Refunds:
  1. Payments shall be made by the Client and the Employee to FreshMenu at the time of raising the Order for the Services in terms of the Agreement.
  2. Any and all refund and chargeback claims by the Employees will be processed as per procedures and policies of FreshMenu as may be amended from time to time. While FreshMenu will render all reasonable assistance to each Client and/or Employee to process such refund or chargeback claim, the final decision shall be that of FreshMenu, and the Client and/or Employee shall be bound by such decision.
Communication/ Notifications/ Emails:
  1. The Client hereby accepts and shall procure that the Employees accept that FreshMenu shall, for the effective provision of the Services, communicate with the Client and the Employees registered for the Corporate Program by sending across emails, promotions or such other communication from time to time.
Cancellation of Corporate Account:
  1. The Client shall call the customer care at FreshMenu or send an email at orders@freshmenu.com to cancel or terminate their Corporate Program at any time. The Client acknowledges that it may take up to 3 (Three) days of processing time to effectuate such request of cancellation of Corporate Program by FreshMenu. Upon cancellation of the Corporate Program, the account of the Client with FreshMenu will be automatically converted into a regular account and neither the Client nor its Employees will be able to avail any Corporate Discounts thereafter.
Termination:
  1. Subject to the terms and conditions of this Agreement, this agreement may be terminated by either party at any time by giving sufficient notice as mutually agreed between the parties
  2. Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Party.
  3. Each Party shall have the right, at its sole discretion, to terminate this Agreement, immediately and without any notice and liability to such Party, in case of occurrence of any of the following instances of commission or omission on the part of the other Party, or occurrence of any of the following events, as the case may be:
    1. Any breach of this Agreement by a Party which is not curable within 30 (Thirty) days from intimation of such breach;
    2. Violation of the Applicable Laws by a Party;
    3. Any activity which compromises the integrity of the business of the Party;
    4. Any activity which is harmful to the interest of the Party or in any way dilutes the reputation of the Party; or
    5. Any, material adverse change or any change in Law, rules, regulations, directives or guidelines or if there is any order or directions of the court or government/regulatory authority, which prevents the continuing of the arrangement under this Agreement or if the license/permission/approval of the Party, given by any regulatory authority is revoked or terminated for any reason
Limitation of Liability:
  1. The Client and/ or the Employee shall be liable for any Order raised and shall also be liable for consequences of any errors in such Orders.
  2. FreshMenu has taken great care to ensure that the information available on its website, m-site and/ or mobile application is correct and error free. However, FreshMenu does not make any warranty whatsoever, whether express or implied, for any inadvertent errors or ommissions that may occur on the website, m-site and/or mobile application. FreshMenu has taken all reasonable steps to prevent internet fraud and ensure any data collected or stored from the Client or the Employee is stored as securely or safely as possible. However, FreshMenu does not make any warranty, whatsoever, in the unlikely event of breach in FreshMenu’s secure computer servers.