TERMS OF USE

These terms of use (“Terms”) govern the present and future use and access of our website www.gogappi.com (the “Site”) andour "Gogappi" application for mobile and handheld devices (“Application”). The Site and Application may hereinafter be collectively referred to as the “Platform”. The Platform is operated and owned by Gogappi Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 533, Vishal, 4th Main, 5th B Cross, BEML Layout, 4th Stage, Rajarajeshwari Nagar, Bangalore- 560098, Karnataka, India (hereinafter referred to as “Gogappi”, “we”, “us” or “our” which expression shall, unless repugnant to the context, shall be deemed to mean and include its legal representatives, nominees, successors and assigns).

Please read below mentioned Terms carefully before availing the Services provided under the Platform. If the Users are not agreeing to these Terms then they must stop using this Platform. By using the Platform, the Users signify their acceptance to the Terms and create a legally binding arrangement to abide by the same.

1. DEFINITION

The term “Content” shall mean and include reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data as may be uploaded on the Platform by Gogappi.
The term “User” shall mean and include any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems or mobile or any handheld devices which support the access to the Platform.
The term “Street Food Vendor” or “Vendor” shall mean and include a vendor providing access to food/ street food and duly registered with the Platform.
The term “Delivery Agent” shall mean and include person identified and conferred with the duty of delivering the ordered street food to the User by the Platform after the due process of registration.
The Term “Services” shall mean and include services provided under the Platform including but not limited to (i) accessing information regarding Street Food, Street Food Vendors and any events with respect to street food; and (ii) enabling transactions between the Street Food Vendors and User for delivery of the street food”. Gogappi may introduce any additional services at its own discretion requiring the Users to update the Platform. These Terms shall be applicable for any extended service model adopted by us in accordance with the market situations.

2. ACCOUNT REGISTRATION

The User may access the Platform by first creating a new account on the Platform (“Gogappi Account”) or may directly log in to the Platform with his/her existing account with certain third party sites including, but not limited to, Facebook, Instagram, Google, Yahoo, Apple, Mobile OTP etc.) (“Third Party Accounts”). As part of the functionality of the Platform services, the User may link his/her Gogappi Account with Third Party Accounts, by either:
1. providing his/her Third Party Account login information to us through the Platform; or
2. allowing us to access his/her Third Party Account, as is permitted under the applicable terms and conditions that govern his/her use of each Third Party Account.
The User shall be allowed to create his Gogappi Account based upon the personal information furnished to us by the User or the Third Party Accounts.
The User may only have one Gogappi Account and not permitted to create multiple accounts. If found, any User having multiple accounts, Gogappi reserves right to suspend such multiple account without any consequences.
The User shall provide accurate, complete and up to date information during the registration process and shall solely and entirely responsible for any mispresentation and inaccuracy of any information so provided.
The User shall not directly or indirectly host, display, upload, download, modify, publish, transmit, update or share any information which belongs to another person over which the User shall not have any right.
The User shall be solely responsible for safeguarding his/her password and shall be liable for any transaction whether or not undertaken by him/her from the said Gogappi Account. The User shall forthwith notify us of any unauthorized transaction which may have taken place from his/her Gogappi Account.
We process information provided by our Users to us in accordance with our Privacy Policy.

3. USE OF PLATFORM AND SERVICES

Gogappi acts as an online marketplace facilitator for review and delivery of street foods, acting as a mere intermediary and shall not be responsible, in any manner, for any non-performance or breach accuring[AS1] on part on the User and the Steet Food Vendor due to any reason whatsoever.
The platform shall enable access to information regarding Street Food, Street Food Vendors and any events with respect to street food including reviews for the same. However, the publication of said reviews is governed by pre-determined parameters in a form of algorithm and we shall not be responsible for variance in opinion and experience with the so reviewed Street Food Vendors and/or their services.
Gogappi shall not directly or indirectly endorse the sale or purchase of any products or services on the Platform[AS2] and shall not be responsible in any manner whatsoever for any error or omission on the part of third party.
Gogappi neither makes any representation or warranty as to specificities (such as quality, quantity, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
Gogappi shall not be liable for unsatisfactory or non-performance of services or damages or delays caused due to any reason whatsoever including non-availability of products or services etc.
Products and services procured from the Platform are meant for the User’s consumption and not for commercial use such as resale unless agreed to by/with Gogappi in writing.
Gogappi reserves the right to charge a subscription and/or membership and/or a convenience fees from a User, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Platform anytime in future.
Gogappi may from time to time introduce referral and/or incentive based programs for the Users (“Program”). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, the Users shall be bound by the Program terms and conditions as well as these Terms. Further, Gogappi reserves the right to terminate/suspend the User's account and/or credits/points earned and/or participation of the User in the Program if Gogappi determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or these Terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, Gogappi reserves the right to modify, cancel and discontinue its Program at any time without giving any prior notice & without assigning any reason whatsoever.

4. USER REVIEWS

User reviews or ratings for any Street Food Vendor do not reflect in any manner our opinion. We receive multiple reviews or ratings for Street Food Vendors by Users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on the Platform is the personal opinion of the User/reviewer only. Gogappi is a neutral platform, which solely provides a means of communication between Users/reviewers.

5. REGISTRATION OF STREET FOOD VENDORS AND DELIVERY AGENTS

STREET FOOD VENDORS

The Street Food Vendor(s) can contact us if he/she is willing to do business from us, through our contact number mentioned on our website.
New Vendors can be added on the platform by any registered user using the Gogappi Consumer Application. Vendors can also be added to the platform by Gogappi’s team of data collection executives on receiving verbal consent from the vendor. In the future vendors can also add themselves on to the platform using the Gogappi Vendor Mobile Application.
Vendor once added on the platform can immediately be queried/ discovered on the platform, however, without a “Verified by Gogappi” badge.
Vendors will receive a “Verified by Gogappi” badge only after Gogappi’s internal verification process which could take two weeks or more.
Vendors may need to submit sensitive documents such as Voter ID/ Adhar Card/ Passport/ PAN Card/ Bank account details/ FSSAI license/ vending license to Gogappi before to be eligible for certain services offered by Gogappi.
If in case the information given by the Street Food Vendor is found to be incorrect then it will not just lead to cancellation of registration but any registration fee will also be forfeited.
We may also charge a monthly fees/commission from our vendors as per mentioned on our website. If in case the Street Food Vendor fails to pay the fees then the Street Food Vendor will be given time to fulfil any late payments after the elapse of which, the registration shall be paused till the time Street Food Vendor makes the payment.
Any payment made to the Street Food Vendor will be directly deposited in the bank account number provided by the vendor.
A vendor can claim a stall which already exists on the platform by using the Gogappi Vendor Mobile Application, on submitting substantial proof that they are the owner of the existing listing. The process for the same can be found on the Gogappi Website or Gogappi Vendor Mobile Application.
A vendor who has been listed on the platform can choose to opt out, on submitting substantial proof that they are the owner of the existing listing. The process for the same can be found on the Gogappi Website or Gogappi Vendor Mobile Application. On doing so all data about that vendor will be removed from the platform.

DELIVERY AGENTS

The Delivery Agent should be above 18 years of age.
The Delivery Agent can work on full time and part time basis as well the pay scale of both the part time and full time employees is mentioned on the website.
The Delivery Agent has to submit all the required documents which are required for the registration of vendor.
All the rules applicable to the vendor’s registration shall be applied on the registration of the Delivery Agent.

6. ORDER PLACEMENT MECHANISM

The Platform allows User to place order for food and we will, subject to the terms and conditions set out herein, enable delivery of such order.
Gogappi does not in any way own, sell, resell and/or does not control the vendors or the related services provided in connection thereof any order that the User may place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
Upon the successful completion of booking an order, we may call the User on the telephone or mobile number provided to confirm the details of the order, price and the estimated delivery time. For this purpose, the User shall be required to share certain information with us, including but not limited to (i) the user’s first and last name (ii) mobile number; and (iii) email address. It shall be the sole responsibility of the User for providing any incorrect details.
In addition to the foregoing, the User may also be contacted on phone and / or email to be informed and confirmed of any change in the order, due to availability or unavailability or change in price of the order by the Vendor. Please note change or confirmation of the order shall be treated as final. Gogappi hereby strictly reserves the right of cancelation of any order due to lack of response from the user. In such event the provisions of the cancellation and refund policy below shall be applicable.
The payment for the services availed by the User may be made through (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. the payment facility provided by the platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Gogappi acts as the Merchant’s payment agent for the limited purpose of accepting payments from the User on behalf of the Street Food Vendors. Upon payment of amounts to us, which are due to the Street Food Vendor, the User’s payment obligation to the Street Food Vendor for such amounts is completed, and Gogappi is responsible for remitting such amounts, to the Street Food Vendor. The User shall not, under any circumstances whatsoever, make any payment directly to the Street Food Vendor for Order bookings made using the Platform.
The User agrees to make the total payment against the order placed on the Platform in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular vendor.. Please note that Gogappi disclaims any liability arising out of any charges in any form by the user’s banking service provider for any amount paid to Gogappi and declares that Gogappi shall not have any control over any such charges or deductions so made.
Once confirmed booking transaction is complete, the User shall receive a confirmation email summarizing the confirmed booking.
The prices reflected on the Platform, are determined solely by the Street Food Vendor and are listed based on his information. Gogappi reserves the right to add and control packaging or handling charges, surcharges, convenience fees and any other charges as it sees fit. Prices may change at the time of placing order due to Street Food Vendor changing the menu price without due intimation and such change of price are at the sole discretion of the Street Food Vendor attributing to various factors beyond control. Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Street Food Vendor be incorrectly reflected and in such an event, Street Food Vendor may cancel such order(s).
The Street Food Vendor shall be solely responsible for any warrantee/guarantee of the food products sold to the User and in no event shall be the responsibility of Gogappi.
The transaction is bilateral between the Street Food Vendor and the User and, Gogappi shall not be liable to charge or deposit any taxes applicable on such transaction.

7. DISQUALIFICATION OF VENDOR/ DELIVERY AGENT

STREET FOOD VENDORS

If at the time of verification of the Street Food Vendor, Gogappi by any means realises that the Street Food Vendor was earlier being convicted for a criminal offence, the registration shall be revoked.
If during the course of business the Street Food Vendor is held liable for any offence, that would also lead to cancellation of registration.
If the Street Food Vendor constantly receives bad feedback from Users for more than three times, his registration will automatically get forfeited.

DELIVERY AGENTS

The Delivery Agent shall not be convicted for any criminal offence leading to the cancellation of registration.
If during the course of employment, the Delivery Agent being held liable for any offence, that would also lead to cancellation of registration.
If a complaint is being filed by the customer against the bad behaviour then such matter shall fist go through investigation by our disciplinary committee and if the Delivery Agent is liable then he/she shall be released from his/her duties.
If a complaint for late delivery is being reported by the customer on constant basis for more than 3 times then it would lead to automatic termination of the employment.

8. CANCELLATION AND REFUND

CANCELLATION

If the User orders the food by-mistake then the User needs to cancel that order within the time frame of two minutes, however Gogappi reserves the right to deny any refund based on the past cancellation history.
If User cancel his/her order after one minute of placing it, we shall have a right to charge such User 100% of the order amount as the cancellation fee (inclusive of applicable taxes whenever not expressly mentioned), with a right to either not to refund the order value in case such User’s order is pre-paid or recover from subsequent order in case such order is post-paid, to compensate the Street Food Vendor and Delivery Agents.

REFUNDS

User may be entitled to a refund for prepaid orders post deduction of cancellation fee as described above or in a manner as deemed fit by Gogappi in its sole discretion. User shall also be entitled to a refund of proportionate value in the event packaging of an item in an order or the complete order, is either tampered or damaged and User refuses to accept at the time of delivery.
User may be entitled to a refund up to 100% of the order value if our Delivery Agent fails to deliver the order to any User due to a causes attributable to us, however such refunds will be assessed on a case to case basis by us (Note: We do not penalise the Delivery Partner for delay, caused due to external factors.)
Our decision on refunds shall be final and binding.
All refund amounts shall be credited to User account as may be stipulated as per the payment mechanism of such User’s choice, within the time frame of three to four working days.
In the event User have provided incorrect particulars, e.g., contact number, delivery address etc., or that User was unresponsive, not reachable or unavailable for fulfilment of the services offered, such User will not be eligible for any refunds.
No replacement/refund/or any other resolution will be provided without vendor’s permission.
Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order or food and beverages or Products, poor quality, the user will be required to share the proof of the same before any resolution can be provided.
The user shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.

9. PRIVACY POLICY

User represents that he/she has read understood and agreed to our Privacy Policy. Please note that we may disclose information about Users to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public.
The User shall permit access to the devise’s internal storage and gallery for enabling the user to upload the pictures of food or the street food vendor details including screenshots of payment for any clarification on the order for any purpose including initiating the process of refund or cancelation for any deficiency or damage in the order etc.
The User shall provide access to the GPS of the devise to enable Gogappi to ensure delivery location and also to notify the User time to time on availability of Street Food Vendors nearby his/ her location.

10. INTELLECTUAL PROPERTY

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services and Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. User acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
Unless a User and Street Food Vendor has agreed otherwise in writing with us, nothing in the Terms gives them a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Users agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Gogappi; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against such User at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation.
User cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of our Content in whole or in part except as expressly authorized by us.
Users must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
User must not use any part of the Contents uploaded on the Platform for commercial purposes without obtaining a license to do so from us.
If any User print off, copy or download any part of the Platform in breach of these Terms, such User’s right to use the Platform will cease immediately and such User must, at our option, return or destroy any copies of the materials, which he/she has made.
Unless stated otherwise, all pictures and information uploaded on the Platform are owned by or licensed to Gogappi. All images shown on the Platform have been digitized by Gogappi. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Gogappi.

11. INDEMNIFICATION

Users agree to indemnify, defend, and hold Gogappi harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) information furnished by them, (ii) their unauthorized use of the Services available on the Platform; (iii) their violation of any rights of another party; or (v) their breach of these Terms, including, but not limited to, any infringement of the copyright or intellectual property rights of any third party.
We retain the exclusive right to settle, compromise and pay, without User’s prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which Users are required to indemnify us and User agree to cooperate with our defense of these claims. User agrees not to settle any matter in which we are named as a defendant and/or for which User have indemnity obligations without our prior written consent. We will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.

12. TERMINATION

User may delete his/her account at any time by contacting us via the “Contact Us” link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.
We reserves the right to suspend or terminate any of its User’s Gogappi Account and/or access to the Services in our sole discretion for any reason or no reason, including such User’s: (i) violation of these Terms; or (ii) lack of use of the Services. User agree that any such termination may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete his/her account and all related information and/or bar any further access to such account or the Services. Further, User agrees that we shall not be liable to him/her or any third party for the discontinuation or termination of his/her access to the Services.

13. DISCLAIMER

By using the Platform and the services available thereon, the User agrees to the following disclaimers:

Gogappi reserves the right to make changes and corrections, at any time, to any part of the Content uploaded on the Platform without prior notice.
Gogappi does not guarantee quality of the products and services, the prices listed in menus or the availability of all menu items at any Street Food Vendor.
Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Food Vendors listing page on the Platform is for informational purposes only. Such Certification is displayed by Gogappi on an 'as available' basis that is provided to Gogappi by the Street Food Vendors. Gogappi does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a User upon the Certification or information thereto shall be strictly at such user's own risk and Gogappi in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Street Food Vendors.
The platform may be under constant upgrades, and some functions and features may not be fully operational.
Gogappi shall not be responsible for any delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform 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.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
While the the platform aims to ensure accuracy in information regarding the subject discussed, the information contained in does not 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, Gogappi does not, in any way, endorse any service or product offered or described on the platform. In no event shall Gogappi assume responsibility for any decision made or action taken in reliance on such information.
In no event shall Gogappi undertake liability 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 merchant 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.
Gogappi shall not be made liable for any acts or omissions on part of the Street Food Vendor(s)/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
Gogappi shall not hold any liability whatsoever in the event the food and beverages or the Product ordered by User does not meet User’s dietary or any other requirements and/or restrictions.
By providing the details including without limitation, contact number and delivery address the user expresses his/her acceptance to Gogappi’s terms and privacy policies.
Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.

14. LIMITATION OF LIABILITY

In addition to other limitations and exclusions in these Terms, in no event will we or our directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to the platform. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership fee paid by User, if any. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of the User’s Gogappi Account.

15. JURISDICTION

These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

16. CO-EXTENSIVE

These Terms and Conditions are co-extensive and concurrent with Gogappi’s other Terms and Conditions and the Privacy Policy listed on the Platform.

17. SEVERABILITY

If any of these Terms 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 shall survive, remain in full force and effect and continue to be binding and enforceable.

18. YOUR CONSENT

By using the Platform and the Services, it is deemed that you have read and understood the Privacy Policy and you consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Platform. By using our services You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, You further authorize the Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.

19. CONTACT US

Please contact us for any questions, comments or grievances regarding this Platform.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Any grievances, queries, claims, complaints, or rights exercised with regard to this Privacy Policy shall be answered or resolved within a period of 30 (thirty) days from the date of such receipt.

Grievance Officer:

Mr. Arjun Ramesh

Gogappi Private Limited

533, Vishal, 4th Main, 5th B Cross, 4th Stage,

BEML Layout, Rajarajeshwari Nagar,

Bangalore - 560098, Karnataka, India

Phone: +91 - 97311 03027

M: help@gogappi.com

Time: Monday - Friday (9:00 - 18:00)