1. FOOD ORDERING AND DELIVERY:
a. Pahadi Baba provides food ordering and delivery services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as
defined below) for food ordering and delivery by the Customers on the Pahadi Baba Platform.
b. The Customers can access the menu items or Products listed on the Pahadi Baba Platform and
place orders against the Restaurant Partner(s)/Store(s) through Pahadi Baba.
c. Your request to order food and beverages or Products from a Restaurant Partner or a Store
page on the Pahadi Baba Platform shall constitute an unconditional and irrevocable authorization
issued in favour of Pahadi Baba to place orders for food and beverages or Products against the
Restaurant Partner(s)/Store(s) on your behalf.
d. Delivery of an order placed by you through the Pahadi Baba Platform may either be undertaken directly by the Restaurant Partner or the Store against whom you have placed an order, or facilitated by Pahadi Baba through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Pahadi Baba is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Store, as the case may be.
e. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Pahadi Baba is not a party under any applicable law. It is clarified that Pahadi Baba does not provide any delivery or logistics services and only
enables the delivery of food and beverages or Products ordered by the Customers through the Pahadi Baba Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Store, as the case may be. Pahadi Baba shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
f. Where Pahadi Baba is facilitating delivery of an order placed by you on the Pahadi Baba Platform, there may be a chance that your order is grouped or batched with another order.
g. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Store, as the Delivery Partner or the Restaurant Partner or the Store may determine (“Delivery Charges"). You agree that Pahadi Baba is authorized to collect, on
behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on
multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, time of the day. Pahadi Baba will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
h. In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Restaurant Partner or the Store, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Pahadi Baba is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Surge for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, demand during peak hours. Pahadi Baba will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
i. In respect of the order placed by You, Pahadi Baba shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
j. You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and
fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.
Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected
status.
A. Food Ordering and Delivery with Restaurant Partners:
a. All prices listed on the Pahadi Baba Platform are provided by the Restaurant Partner, including packaging or handling charges, if any, at the time of publication on the Pahadi Baba Platform and the same are displayed by Pahadi Baba as received from the Restaurant Partner. While we
take great care to keep them up to date, the final price charged to you by the Restaurant Partner, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Pahadi Baba Platform and price charged by the Restaurant
Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of Pahadi Baba.
b. On Time Guarantee: Orders placed at select Restaurant Partners may have this service available. When enabled, Pahadi Baba uses its technology platform to allocate a suitable delivery partner, who provides the service, in such a way that it minimizes the delays in the orders. This includes prioritizing allocation of Delivery Partners, along with making sure these orders are not clubbed with any other orders. However, you acknowledge that such services are facilitated by the Delivery Partner on a best effort basis, hence should your order fail to reach you on or prior to the On Time Guarantee Time, you would be eligible to claim and receive a coupon of up to
100% of your order value. You will be required to claim the Coupon within twenty four (24) hours from the time such Order is delivered to you failing which your eligibility to receive the Coupon will expire. Further the validity period of the Coupon would be 3 (three) days from receipt thereof. Notwithstanding anything set out herein above, you shall not be eligible to receive the Coupon if:
i. Delay on the On Time Guarantee Time is for unforeseen reasons eg. strikes, natural disaster, Restaurant Partner’s inability to provide the Order.
ii. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing
of the order etc.
iii. You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
iv. The order is a bulk order (as per Pahadi Baba’s standard order size)
v. The order is cancelled due to any reason. For the purpose of this clause, words capitalized shall have the following meaning: “On Time Guarantee Time" shall mean the Promised Delivery Time, which starts when the order is accepted by the Restaurant Partner. The actual delivery time will be counted as the period between the Restaurant Partner accepting the order and the Delivery Partner reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. “Coupon" shall mean one-time code generated by Pahadi Baba for delay in On Time Guarantee Time to be used as per applicable conditions.
c. Order deletion: In the event you delete an order from the Pahadi Baba order history on the Pahadi Baba mobile application, the following Terms and Conditions shall be applicable to you:
i. Your order details will be removed from the Pahadi Baba Platform in its entirety. An order once deleted will not only be deleted from the 'your orders' tab on the mobile application and no support will be offered on such deleted order(s). Such an order once deleted will however remain
present in Pahadi Baba 's records in accordance with the privacy policy.
ii. Notwithstanding anything set out herein above, Pahadi Baba shall not be responsible in cases where the deleted order can be traced due to:
1. any interruptions, service or technology failure or problems in use of the internet and electronic communications or other systems outside the control of Pahadi Baba.
2. order details still being available on your email, sms or other modes of communication where the order details were available.
3. any stakeholder (including Restaurant Partner or Delivery Partner) reaching out to you through the information you choose to share with such Restaurant Partner or Delivery Party or any third party directly.
4. Restaurant Partner(s) undertaking delivery of orders themselves reaching out to you directly.
5. payment pertaining to such an order being available in your bank statement.
d. On Time Delivery: Orders placed by Customers at select Restaurant Partners may have this service available. When enabled, Pahadi Baba uses its technology platform to allocate a suitable delivery partner, who provides the service, in such a way that it minimises the delays in the orders. However, you acknowledge that such services are facilitated by the Delivery Partner on a best effort basis, hence should your order fail to reach you on or prior to the On Time Delivery time, you would be receiving a Coupon (of the value as may be communicated on the Pahadi Baba platform) to redeem on your next order at any restaurant. Further, the validity period of the Coupon would be 4(four days) from receipt thereof. Notwithstanding anything set out herein above, the coupon shall not be issued if:
i. Delay on On Time Delivery is for unforeseen reasons eg. strikes, natural disaster, Restaurant Partner’s inability to provide the Order.
ii. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing
of the order etc.
iii. You indulge in actions intended to delay the order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.
iv. The order is a scheduled or bulk order (as per Pahadi Baba’s standard order size)
v. The order is canceled due to any reason
vi. The order is marked as cash on delivery
vii. The order is placed during high demand or peak hours highly likely during festivals or holidays
For the purpose of this clause, words capitalised shall have the following meaning: “On Time Delivery" shall mean the Promised Delivery Time, which starts when the order is accepted by the Restaurant Partner. The actual delivery time will be counted as the period between the Restaurant Partner accepting the order and the Delivery Partner reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. “Coupon" shall mean one-time code generated by Pahadi Baba for delay to be used as per
applicable conditions.
B. General Terms and Conditions
a. Pahadi Baba is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Pahadi
Baba, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Store(s).
b. Pahadi Baba shall not be liable for any acts or omissions on part of the Restaurant Partner/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.
c. The Restaurant Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Pahadi Baba.
d. For the Customers in India, it is hereby clarified by Pahadi Baba that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is
ready for sale to the customer or as may be defined under the Food Safety and Standards Act,
2006 from time to time.
e. Please note that some of the food and beverages or 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. Pahadi Baba shall not be liable in the event the food and beverages or the
Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
f. 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 to Pahadi Baba 's terms and privacy policies.
g. You or any person instructed by you shall not resell food and beverages or Products purchased via the Pahadi Baba Platform.
h. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Pahadi Baba Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered
via the Pahadi Baba Platform.
i. Any amount that may be charged to you by Pahadi Baba over and above the order value, shall be inclusive of applicable taxes.
j. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
k. Personal Promo code can only be used by You subject to such terms and conditions set forth by Pahadi Baba from time to time.