Fantasy

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+91 99608 97618 nehaa@vivandahospitality.com Vatsalya 43/103,Navsahyadri, Karve nagar, Pune – 411052.

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Terms and Conditions

That sweet delight which melts into your mouth, giving the amazing taste, it does, is the magic of chocolates!

Eligibility :

  1. Use of this www.fantasybistro.in [Website] is available only to persons/ entities who can enter into legally binding contracts under the applicable laws. Persons/ Entities who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents are not eligible to access and use this ‘Website’ or avail any of the ‘Said Service/s’.
  2. If your age is below the ‘Minimum Age’, as specified in the ‘Privacy Policy’, then only your parents or legal guardians can avail the ‘Said Product/s’ and/or the ‘Said Service/s’ on behalf of you. VIVANDA reserves the right to refuse to provide you access to this ‘Website’ if VIVANDA discovers that you are below ‘Minimum Age’.
  3. In case you are an entity/ firm/ concern/ organization/ trust/ body corporate, you need to be a validly formed/ incorporated and existing legal entity registered under the applicable laws of INDIA.
  4. By accessing and using this ‘Website’, you represent that you are of legal age/ legal status to form a binding contract and are not a person/ entity barred from receiving the ‘Said Service/s’ under the laws, as applicable to you.
  5. VIVANDA does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.

Registration :

  1. In order to access certain features of this ‘Website’ and to avail the ‘Said Service/s’, you may have to register and create an account. If you choose to register and create an account on this ‘Website’, you understand and acknowledge that:
    1. VIVANDA allows one registration per legitimate electronic mail address;
    2. VIVANDA must approve any exceptions, including the use of one electronic mail address by multiple users;
  • You, as a person registering and creating an account on this ‘Website’, shall keep your username and password safe and confidential and update your password whenever required;
  1. You, as a person registering and creating an account on this ‘Website’, alone shall be responsible for any transactions, made either by you or users you have authorized to use your Username and Password;
  2. You, as a person registering and creating an account on this ‘Website’, will immediately notify VIVANDA of any unauthorized use of your account;
  3. VIVANDA reserves the right to suspend or terminate your account and your access to this ‘Website’ if you create more than 01 [One] Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
  1. In case you choose to access this ‘Website’ from outside INDIA, you shall be responsible for compliance with local laws thereof, if and to the extent such local laws are applicable.
  2. To access and use this ‘Website’, you require an active internet connection. The connection may be Wi-Fi or provided by your mobile network provider. VIVANDA does not take responsibility for the ‘Website’ not working at full functionality if you do not have access to Wi-Fi or you do not have any of your data allowance left.
  3. If you are using this ‘Website’, you should remember that your terms of the agreement with your Internet/ Wi-Fi service provider or mobile network provider will still apply. As a result, you may be charged by your Internet/ Wi-Fi service provider or mobile network provider for the cost of data for the duration of the connection while accessing and using this ‘Website’ or other third party charges.
  4. While accessing and using this ‘Website’, you are accepting responsibility for any such charges, including roaming data charges if you access and use this ‘Website’ outside of your home territory [i.e. region or country] without turning off data roaming.
  5. VIVANDA makes no representation that any of the ‘Said Product/s’ and the ‘Said Service/s’ forming part of the content of this ‘Website’ is/are appropriate for being availed.

Information Dissemination; Clutter-Free & Protection of your Personal Information and Data Security:

  1. VIVANDA currently disseminates information about the ‘Said Product/s’ and ‘Said Service/s’ to its ‘User/s’ through this ‘Website’ and VIVANDA may at its sole discretion cease providing information over the same [or] may provide information over other platforms [or] may modify the manner in which information is provided over any of the existing platforms, as it may deem fit and proper, from time to time.
  2. It is clarified that, irrespective of whether you have registered or not, your contact information in the ‘DO NOT DISTURB/ CALL’ registry of the Telecom Regulatory Authority of India [TRAI] or any other statutory body, upon the acceptance of these ‘Terms & Conditions of Use’, you would be deemed to have given your consent authorizing VIVANDA to share your details and contact information for business and promotional purposes and have further given your consent to VIVANDA to contact you for any promotional activities of VIVANDA and/or the ‘Said Bakery’ and/or the ‘Said Product/s’ and/or the ‘Said Service/s’.
  3. VIVANDA shall protect the information provided by you in accordance with its ‘Privacy Policy’ and other rules, guidelines, policies, terms and conditions as are applicable for the said purpose.

Use of Material, Non-Commercial Purpose:

  1. The contents of this ‘Website’ are owned or controlled by VIVANDA and/or contents that may be owned or controlled by third parties, in turn, being licensed and/or provided to VIVANDA for providing the ‘Said Service/s’.
  2. Unless otherwise specified by VIVANDA, the ‘Said Product/s’, ‘Said Service/s’ and the access and use of this Website generally are for your personal and non-commercial use, thus you may not modify, copy, distribute, transmit, display, perform, reproduce, print, publish, license and/or create derivative works nor transfer or sell any information, software, the ‘Said Product/s’ or the ‘Said Service/s’ obtained from VIVANDA herein.

 Fraudulent Use:

VIVANDA reserves the right to recover costs, charges, damages, penalties and attorney fee from persons using the ‘Website’ fraudulently. Furthermore, VIVANDA reserves the right to initiate legal proceedings against such persons for fraudulent use of the ‘Website’ and any other unlawful acts [or] acts or omissions in breach of these ‘Terms & Conditions of Use’.

Links and Other Sites:

The provisions with respect to the same shall be in accordance with the ‘Privacy Policy and other rules, guidelines, policies, terms, and conditions as are applicable for the said purpose. VIVANDA is not responsible for the content of any third party sites/ mobile applications in connection with downloading, installation or access of such third party sites/ mobile applications by you and does not make any representations regarding the content or accuracy of material on such sites/ applications. If you decide to link to any such third party websites/ mobile applications, you do so entirely at your own risk, cost, and consequence.

Bookings/ Orders and Pricing Information:

  1. Bookings/ Orders of any of the ‘Said Product/s’ in order to avail any of the ‘Said Service/s’ may be made by you in the following manner:
    1. Online Advance Bookings/ Placing an Order through this ‘Website’ and/or the Participating Booking Website/s/ Booking Engine/s, thereby making online payments through the ‘Payment Gateway’; or
    2. By contacting the Booking/ Ordering Desk on the Booking/ Ordering Contact Number and/or E-mail ID, provided on the ‘Website’.
  1. This ‘Website’ may allow you to customize your booking/order. However, all or any bookings/ orders/ delivery of the ‘Said Product/s’, whether customized or not, are subject to availability of the same and are subject to clarity of your details and receipt of payment from you with respect to the ‘Said Product/s’ and/or the ‘Said Service/s’. No Bookings/ Orders / Delivery shall be treated as confirmed by a Booking/ Order/ Delivery Confirmation E-mail/ Text Message is received by you from VIVANDA, confirming the booking/ order/ delivery of the ‘Said Product/s’ and specifying the price, any applicable delivery fee, cancellation fee, taxes, minimum order value and other amounts in connection with your booking/ order.
  2. Any changes or alteration or amendment in the booking/ order must be intimated via email or in person 24 [Twenty Four] Hours prior to the delivery or receipt of the ‘Said Product/s’ and the ‘Said Service/s’ and may be subject to an additional charge if extra work, is required to be carried out or performed. No such change/ alteration/ amendment shall be treated as confirmed until such Confirmation E-mail/ Text Message is received by you from VIVANDA, confirming the changes or alteration or amendment in the booking/ order and confirming the additional charge, if any. In any event, VIVANDA has already commenced the work with respect to the initial confirmed booking/ order, VIVANDA reserve/s the right to refuse such changes or alteration or amendment in the booking/ order and you shall be liable for the payment of such confirmed booking/ order, without getting any refund.
  3. For customized photographic cakes, an image/photograph in PDF/JPEG format shall be required. If the image/photograph requires editing, it will attract an additional editing cost.
  4. While VIVANDA strives to provide accurate service and pricing information, pricing or typographical errors may occur. In the event that the ‘Said Product/s’ and/or the ‘Said Service/s’ is/are listed at an incorrect price or with incorrect information due to an error in pricing or service information, VIVANDA shall have the right, at its sole discretion, to refuse or cancel any bookings/ order of such ‘Said Product/s’ and/or the ‘Said Service/s’.
  5. In the event, prices for any of the ‘Said Product/s’ and/or the ‘Said Service/s’ are misquoted, VIVANDA may, at its discretion, either contact you for seeking further instructions [or] cancel your booking/ order, as the case may be.
  6. If for any reason any order remains incomplete, VIVANDA will contact the individual/ entity named in the Booking/ Ordering Confirmation to amend the booking/ order [or] for seeking further instructions [or] cancel the booking/ order, as the case may be.
  7. The price of the ‘Said Product/s’ and/or the ‘Said Service/s’ shall not include any Goods and Services Tax [GST], Service Charge or any other similar charges and taxes as may be applicable from time to time. These will be charged at the prevailing rates and shall be payable by you to VIVANDA at the time of booking/ ordering [or] at the time of picking up your booking/ order from the ‘Said Bakery’ [or] at the time of delivery of your order, as may be determined by VIVANDA.
  8. Any confirmed booking/ order price is subject to change, if:
    1. There is a change in or imposition of a charge, tax or levy by the Government which may become applicable and increase the price of the ‘Said Product/s’ and/or the ‘Said Service/s’; or
    2. A payment which is due on a booking/ order, but not received by VIVANDA on or before the notified due date;
  • Any details relating to your booking/ order is changed, like your delivery dates and time, order type, the addition of extra services, etc.
  1. In case of any change in the price of the ‘Said Product/s’ and/or the ‘Said Service/s’:
    1. for reasons pertaining to [Clause 6(i)(i)] hereinabove, you may either pay the revised price with respect to the booking/ order made [or] cancel your booking/ order and receive a full refund from VIVANDA;
    2. for reasons pertaining to [Clause 6(j)(ii)] and [Clause 6(j)(iii)] hereinabove, you may either pay the revised price with respect to the booking/ order made [or] you shall be entitled to cancel your booking/ order and receive a partial refund, if applicable, from VIVANDA, as per the ‘Cancellation & Refund Policy’ of VIVANDA and subject to other provisions of these ‘Terms & Conditions of Use’.
  2. At all times during the booking/ order process, you will be advised to ensure the accuracy of your booking/order details [such as dates, place of delivery, add-ons, etc.]. VIVANDA will not be responsible or liable for errors in booking details provided by you.

Payment:

  1. In addition to Cash on Delivery [COD] other over the counter payment methods approved by VIVANDA in relation to physical bookings/ orders at the ‘Said Bakery’ [or] bookings/ orders by contacting the Booking/ Order Desk of the ‘Said Bakery’ [or] online bookings/ orders on and through this ‘Website’, bill payments by you to VIVANDA may be made through an electronic and automated collection and remittance service [‘Payment Gateway’] hosted through HDFC Bank [‘Easubzz – Payment Gateway Service Provider’] in relation to online advance bookings/ orders of the ‘Said Product/s’ and/or the ‘Said Service/s’.
  2. The ‘Payment Gateway’ service is provided to facilitate online advance bookings/ orders of the ‘Said Product/s’ and/or the ‘Said Service/s’ and to facilitate you to access, view and pay your bills online, in advance.
  3. A surcharge/ processing fee may apply to payments made via the ‘Payment Gateway’ for online advance bookings/ orders of the ‘Said Product/s’ and/or the ‘Said Service/s’, which may vary in accordance with the policies of the ‘Payment Gateway Service Providers’.
  4. Expenses for delivery shall be charged separately to the customers, if applicable. In case any specific or accelerated kind of delivery is requested by the customers, the customers shall be responsible for the additional expenses resulting from such request, at the sole and absolute discretion of VIVANDA.
  5. In case of payments made through the ‘Payment Gateway’, VIVANDA shall promptly upon receipt of payment, notify you by E-mail that your payment has been processed.
  6. If VIVANDA cancels your booking/ order after the payment has been processed, the said amount shall be reversed to your Credit/ Debit Card/ Bank Account, as the case may be.
  7. Furthermore, you expressly agree, understand and acknowledge that:
    1. VIVANDA makes no representation of any kind, express or implied, as to the operation of the ‘Payment Gateway’. You further expressly agree that your use of the ‘Payment Gateway’ service is entirely at your own risk, cost and consequence;
    2. VIVANDA has made the ‘Payment Gateway’ service available to you as a matter of convenience. VIVANDA expressly disclaims any claim or liability arising out of the provision of this ‘Payment Gateway’ service. You agree and acknowledge that you shall be solely responsible for your conduct and that VIVANDA reserves the right to terminate your rights to use the ‘Payment Gateway’ service at any time;
  • In no way shall VIVANDA, the ‘Payment Gateway Service Providers’ or its/their affiliates/ associates be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of or in connection with the access to, use of [or] reliance on the ‘Payment Gateway’ service;
  1. VIVANDA and the ‘Payment Gateway Service Providers’ assume no liability whatsoever for any monetary or other damage suffered by you, on account of:
    • any delay, failure, interruption, loss [or] corruption of any data or other information transmitted in connection with the use of the ‘Payment Gateway’; or
    • any interruption or errors in the operation of the ‘Payment Gateway’.
  2. You shall indemnify and hold harmless VIVANDA and its respective officers, designated partners, agents, and employees, from any claim or demand [or] actions in relation to your use of the ‘Payment Gateway’ provided on this ‘Website’;
  3. Your personal data, including without limitation, details relating to your Credit/ Debit Card/ Bank Account transmitted over the internet is susceptible to misuse, theft and/or fraud and you acknowledge and understand that VIVANDA has no control over such matters. Although all reasonable care has been taken by VIVANDA to guard against unauthorized use of any information transmitted by you, VIVANDA does not represent or guarantee that the use of the ‘Payment Gateway’ will not result in theft and/or unauthorized use of data over the Internet;
  • VIVANDA, the ‘Payment Gateway Service Providers’ or its/their affiliates/ associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure in the ‘Payment Gateway’ and/or on account of deletion or theft or destruction or unauthorized access to, alteration of, or use of your information contained on this ‘Website’.

 Credit / Debit Card / Bank Account Details:

  1. You agree, undertake and confirm that the Credit/ Debit Card/ Bank Account details provided by you, for availing the ‘Said Service/s’, shall be correct and accurate and you shall not use a Credit/ Debit Card/ Bank Account which is not lawfully owned by you. You further agree, undertake and confirm with VIVANDA to provide VIVANDA and/or the respective ‘Payment Gateway Service Providers’, with your correct and valid Credit/ Debit Card/ Bank Account details.
  2. You further agree, assure, warrant and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your Credit/ Debit Card/ Bank Account details:
    1. You are fully and lawfully entitled to use such Credit/ Debit Card/ Bank Account for such transactions;
    2. You are responsible to ensure that the Credit/ Debit Card/ Bank Account details provided by you are accurate;
  • You are authorizing the debt to any such nominated Credit/ Debit Card/ Bank Account for the settlement of bills selected by you along with the applicable fee/s.
  1. You are responsible to ensure that sufficient credit is available on your nominated Credit/ Debit Card/ Bank Account at the time of making the payment, so as to permit the payment of the bill/s selected by you inclusive of the applicable fee/s if any.
  1. Furthermore, you agree, undertake and confirm that VIVANDA shall not be held liable for any Credit/ Debit Card/ Bank Account fraud herein and that the liability for use of a Credit/ Debit Card/ Bank Account fraudulently by you, shall be entirely upon you and the onus to prove otherwise, shall also be exclusively upon you.
  2. VIVANDA agrees, undertakes and confirms that the said Credit/ Debit Card/ Bank Account details provided by you herein, shall not be utilized and shared by VIVANDA and/or the ‘Payment Gateway Service Providers’ with any third party and/or person, unless the same is required for any fraud verification or by any authority under the prevailing laws, regulations or by a Court Order.

Specifications and Dimensions & Colors of the ‘Said Product/s’:

  1. VIVANDA has made every effort to display the colors, specifications, and dimensions of the ‘Said Product/s’ on the ‘Website’ as accurately as possible.
  2. The colors in the images of the ‘Said Product/s’ that you see on this ‘Website’ depend on the resolution of your monitor and VIVANDA does not guarantee that the color of the ‘Said Product/s’ as displayed on your monitor will reflect accurately the color of the ‘Said Product/s’ delivered.
  3. All of the ‘Said Product/s’ shown on this ‘Website’ is of approximate size. Due to the nature of the ‘Said Product/s’, size may vary slightly.
  4. All of the quantities and measurements used while measuring the ‘Said Product/s’ are realistic and are under no circumstances exaggerated.
  5. All the style/s of the ‘Said Product/s’ displayed on this ‘Website’ are single dimensional and it may not capture the proper depth of the ‘Said Product/s’.
  6. VIVANDA may from time to time vary the dimensions, specifications, and quantities of the ‘Said Product/s’ displayed on this ‘Website’ without prior notice, at its sole and absolute discretion.

Delivery of the ‘Said Product/s’:

  1. Delivery Charge/s shall be as specified on this ‘Website’ and/or as may be mentioned in the respective bills/ invoices.
  2. VIVANDA offers the service of online ordering and doorstep delivery at certain locations only and for locations which are not currently included in online ordering and doorstep delivery service, booking/ order may be placed for pick-up at any outlet of the ‘Said Bakery’ near you.
  3. Though VIVANDA does not commit any fixed time for delivery, it shall make best efforts to comply with non-binding delivery dates and time which may be subject to change and can be given only approximately.
  4. Door-step delivery shall be provided if the booking/ order is placed at-least before 12 [Twelve] to 24 [Twenty Four] Hours. Same Day Delivery option shall also be available if the ‘Said Product/s’ is/are ready to be dispatched.
  5. VIVANDA will notify you by Email/ Text Message of the date and approximate time slot, on which the ‘Said Product/s’ you have booked/ ordered are due for dispatch to you.
  6. VIVANDA shall be entitled to claim damages and expenses which are caused by your default or non-acceptance or any other breach of your obligations to co-operate. In case of your default or non-acceptance, VIVANDA shall not be liable for accidental loss, destruction or deterioration of the ‘Said Product/s’.
  7. Delay in delivery shall not be assumed as long as you are in default with the performance of any of your obligations towards VIVANDA.
  8. The delivery may be redirected to any other address in any circumstance, at the sole and absolute discretion of VIVANDA and subject to an additional charge for such redirection.
  9. VIVANDA shall attempt the delivery of the ‘Said Product/s’ only once. In case the delivery is not executed during the first attempt, you shall still be charged for the booking/ order and redelivery may be possible at the sole and absolute discretion of VIVANDA and subject to an additional charge for such redelivery.
  10. During bad weather conditions and reasons beyond the control of VIVANDA, the delivery service might be delayed. If delivery is delayed due to any cause beyond the reasonable control of VIVANDA, the delivery date and time shall be extended by a reasonable period.
  11. A recipient signature shall be required to confirm all delivery/ies. Kindly check the delivery before you sign for it to verify that all the ‘Said Product/s’ you have booked/ ordered have been delivered and that they have not been damaged. VIVANDA will not accept any liability for any loss or damage to the ‘Said Product/s’ once it/they have been delivered and you have accepted and acknowledged the delivery with your signature.

Perishable Items:

  1. Due to the perishable nature of the ‘Said Product/s’, there will be no acceptance of returns, refunds or exchanges for such perishable items/ products after the delivery, unless an error has been made with respect to your order by VIVANDA. In the event that an error has been made, you shall contact VIVANDA within 30 [Thirty] Minutes on receipt of your order. Any attempts to return/refund/exchange perishable items/ products, post expiry of the 30 [Thirty] Minute period shall not be honored.
  2. You further understand and acknowledge that shelf life of the ‘Said Products’ shall vary from product to product since they are freshly made to order and in any circumstances, the maximum shelf life of a particular product, shall not be more than 03 [Three] Days from the date of delivery. VIVANDA shall make all effort, but does not guarantee, to keep you notified on the shelf life of the ‘Said Products’ you book/ order and on the storing conditions [Cool or Dry or Air Tight or Refrigerated Condition, etc.] in which the ‘Said Products’ need to be placed/ stored. You are advised to inquire and seek information on the shelf life and storing conditions of the ‘Said Products’ from VIVANDA at the time of placing your order and/or accepting delivery of the same.

 Food Disclaimer:

  1. VIVANDA makes every attempt to identify ingredients that may cause allergic reactions for those with food allergies and specifies the same along with the ‘Said Product/s’ comprising of such ingredients.
  2. You consume all or any of the ‘Said Product/s’ consisting of such allergic ingredients at your own risk and liability. Under no circumstances shall VIVANDA be liable to you for any loss or damages of any kind that is directly or indirectly related to such consumption of ‘Said Product/s’ comprising of any allergic ingredient. In case you specify such allergy while placing your booking/ order, every effort shall be made to instruct food production staff on the severity of food allergies. However, you agree that there is always a risk of contamination.
  3. There is also a possibility that the commercial foods, ingredients, food items and products used by VIVANDA for the preparation of the ‘Said Product/s’ may change or may be substituted at any time, without any prior notice to you.
  4. VIVANDA does not guarantee the absence of cross-contamination within the ‘Said Product/s’.
  5. All the ‘Said Product/s’ may not be consumable by diabetic people as sugar may be present in most of the ‘Said Product/s’, however, VIVANDA, on request, does make sugar free options available for diabetic people. Furthermore, most of the ‘Said Product/s’ may contain milk, butter, cheese and other milk-based items/ ingredients and if anyone is lactose intolerant the ‘Said Product/s’ may not hold suitable for them.
  6. The ‘Said Product/s’ may or may not be gluten-free and you are advised to inquire about the same at the time of placing your order for the ‘Said Product/s’.

Risk and Ownership:

  1. Risk of damage to, deterioration or loss of the ‘Said Product/s’ passes to you at:
    1. the time of delivery itself; or
    2. in an event, if you fail to take delivery when the delivery executive attempts the delivery at the address specified by you for delivery, the time when the delivery executive tried to deliver.
  2. You shall own the ‘Said Product/s’ when the ‘Said Product/s’ has/have been successfully delivered AND VIVANDA has received payment in full.
  3. You agree and acknowledge that the ‘Said Product/s’ supplied/ delivered by VIVANDA are strictly NOT FOR RESALE.

Cancellation, No Show & Refund Policy:

  1. Any booking/ order for any of the ‘Said Product/s’ and/or the ‘Said Service/s’, whether customized for you or not, cannot be canceled.
  2. Subject to [Clause 15(a)], VIVANDA reserves the right to impose Cancellation Charges if you cancel your booking/ order of the ‘Said Product/s’ and/or the ‘Said Service/s’. The time period and charges for cancellation are as follows:
Time Period Cancellation Charges
Cancellations made less than 48 [Forty-Eight] Hours but made not less than 24 [Twenty Four] Hours prior to the scheduled date delivery of the ‘Said Product/s’ and/or the ‘Said Services’ 25% [Twenty Five Percent] of the Booking/ Order Amount
Cancellations made less than 24 [Twenty Four] Hours but made not less than 12 [Twelve] Hours prior to the scheduled date delivery of the ‘Said Product/s’ and/or the ‘Said Services’ 50% [Fifty Percent] of the Booking/ Order Amount
Cancellations made less than 12 [Twelve] Hours prior to the scheduled date delivery of the ‘Said Product/s’ and/or the ‘Said Services’ 100% [One Hundred Percent] of the Booking/ Order Amount
  1. It is expressly agreed and understood by you that if the ‘Said Product/s’ and/or the ‘Said Service/s’ booked/ ordered by you is/are labeled as “non-refundable” and/or “non-cancellable”, such cancellations shall incur a 100% [One Hundred Percent] ‘Cancellation Charge’ regardless of the date or time on which the cancellation is requested by you.
  2. A No‐show is when you do not accept the ‘Said Product/s’ and/or the ‘Said Service/s’ on the scheduled date and/or you are not present/ available to accept the ‘Said Product/s’ and/or the ‘Said Service/s’ on the scheduled date. In case of a ‘No-show’ by you on the scheduled date, it shall be deemed that you have accepted the ‘Said Product/s’ and/or the ‘Said Service/s’ and no refund of any Booking/ Order Amount shall be made to you.
  3. When you cancel a booking/ order and are entitled to a refund, VIVANDA will instruct the refund right away. The processing of refund may take between 02 [Two] to 04 [Four] Weeks until the whole amount to which you are entitled to, shows back/ reflects on your Credit/ Debit Card/ Bank Account Statement. The reasons for this are the billing cycle of your Credit/ Debit Card and processing time of the Bank. The refund amount shall be subject to the ‘Cancellation Policy’ as stated in the preceding sub-clauses. The Bank may additionally charge any processing fee/s, to which you shall not raise any objections.
  4. In case if a booking/ order that you make is not confirmed, VIVANDA will not charge you anything on your Credit/ Debit Card/ Bank Account and release the whole amount that was held with VIVANDA immediately. It may still take between 02 [Two] to 04 [Four] Weeks for the bank to process this amount and for the money to show back/ reflect on your Credit/ Debit Card/ Bank Account Statement.

Submissions; Feedback & Mentions:

  1. You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, videos, music, sounds or other content or materials [User Content] that you submit, upload, post, share, exhibit, display or otherwise provide or make available to VIVANDA or its affiliates on or through this ‘Website’ or otherwise, including ‘User Content’ that you upload or post on third party websites, such as Instagram, Twitter, Facebook, Vine, Pinterest, Google+, etc., that are associated with hash tags related to VIVANDA and/or the ‘Said Bakery’ and/or the ‘Said Product/s’ and/or the ‘Said Service/s provided by VIVANDA [Submissions]. Such ‘Submissions’ may be used on this ‘Website’ and/or on other marketing materials of VIVANDA, including on this ‘Website’, in ‘Vivanda Content’, emails and on social media.
  2. All ‘Submissions’ are treated as non-confidential and non-proprietary, except as specifically set forth herein. By making any ‘Submissions’, you grant as well as represent and warrant that you have the right to grant, VIVANDA and its affiliates a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any ‘Submissions’ as well as your name, profile picture, image, likeness, comments, posts, statements or other information, in any manner and in any and all distribution channels, venues, forms, media or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you.
  3. You also acknowledge that we may use your ‘Submissions’ and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, enhancing and marketing the ‘Said Bakery’, the ‘Said Product/s’ and the ‘Said Service/s’.
  4. If you make any ‘Submissions’, you represent and warrant that:
    1. you own or otherwise control all the rights therein and any and all elements thereof;
    2. you have the rights from any and all third parties appearing in such ‘Submissions’ to grant the license for such third parties’ names, images or likeness and any other third-party-owned elements as necessary in and as part of your ‘Submissions’;
  • your ‘Submissions’ will not infringe or violate the rights of any third party/ies and/or person/s, including, but not limited to, copyrights, trademarks, rights of publicity/ privacy, patent, trade secret or confidentiality.
  1. You further irrevocably waive any Moral Rights or other rights with respect to attribution of authorship or integrity of materials regarding any ‘Submissions’ that you may have under any applicable law or under any legal theory.
  2. We reserve the right, in our sole discretion, to edit any ‘Submissions’ and to choose to include or not include such ‘Submissions’ on this ‘Website’ or otherwise use the ‘Submissions’.
  3. You acknowledge and agree that we have no control over and shall have no liability for any damages resulting from, the use including, without limitation, re-publication or misuse by any third party of any ‘Submissions’.
  4. All or any questions, reviews, comments, feedback, suggestions, ideas and other information about the ‘Said Bakery’ and/or the ‘Said Product/s’ and/or the ‘Said Service/s’ submitted to VIVANDA on or through the ‘Website’ or otherwise submitted in connection with your use of this ‘Website’ and/or related to the ‘Said Bakery’ and/or the ‘Said Product/s’ and/or the ‘Said Service/s’ [Collectively referred to as the Feedback] shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such ‘Feedback’ in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
  5. VIVANDA is and shall be under no obligation:
    1. to maintain any ‘Feedback’ in confidence;
    2. to pay you any compensation for any ‘Feedback’; or to respond to any ‘Feedback’.
  1. You understand that we do not control and are not responsible for ‘Feedback’ made available through this ‘Website’ and that by accessing and using this ‘Website’, you may be exposed to ‘Feedback’ that is offensive, indecent, inaccurate, misleading or otherwise objectionable. We expressly disclaim any liability for such ‘Feedback’. In that regard, you agree that you must evaluate and bear all risks associated with the use of any ‘Feedback’, that you may not rely on the said ‘Feedback’ and that under no circumstances shall we be liable in any way for any ‘Feedback’ or for any loss or damage of any kind incurred as a result of the use of any ‘Feedback’ posted, emailed or otherwise made available. You acknowledge that we have the right but not the obligation in our sole discretion to refuse, delete or move any ‘Feedback’ for any reason.
  2. You further agree that no ‘Feedback’ submitted by you on this ‘Website’ shall contain libelous or otherwise unlawful, threatening, abusive or obscene material [or] contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘SPAM.
  3. VIVANDA does not regularly review posted ‘Submissions’ and/or ‘Feedback’, but does reserve the right [but not the obligation] to monitor and edit or remove any ‘Submissions’ and/or ‘Feedback’ submitted on this ‘Website’. You grant VIVANDA the right to use the name that you submit in connection with any ‘Submissions’ and/or ‘Feedback’. You agree not to use a false E-mail address, impersonate any person or entity or otherwise mislead as to the origin of any ‘Submissions’ and/or ‘Feedback’ you submit. You are and shall remain solely responsible for the content of any ‘Submissions’ and/or ‘Feedback’ you submit and you agree to indemnify VIVANDA and its affiliates for all claims resulting from any ‘Submissions’ and/or ‘Feedback’ submitted by you on this ‘Website’. VIVANDA and its affiliates take no responsibility and assume no liability for any ‘Submissions’ and/or ‘Feedback’ submitted by you or any third party through your account/ profile.
  4. You understand that, by using this ‘Website’, you may be exposed to information relating to links, posts and excerpts, that has been made publicly available and obtained by VIVANDA on your behalf from Internet and data derived therefrom, including reports, summaries, graphs and charts and any other third-party content [Collectively referred to as Mentions] that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. Unless you have created the content of such ‘Mentions’, ‘Mentions’ shall not be considered ‘User Content’ under any circumstances. VIVANDA is under no obligation to review, verify, flag, identify, modify, filter or remove any such ‘Mentions’, even if requested to do so, although VIVANDA may do so in its sole discretion. Your use of ‘Mentions’ is at your sole risk and VIVANDA shall not be liable to you in any manner, in relation to such ‘Mentions’.

 Chat Rooms and Discussion Groups:

This ‘Website’ may contain chat rooms and discussion groups. You understand that most of the content found on such chat rooms and discussion groups are provided by third party users and not VIVANDA. The third party user/s who has/ have posted such content in any chat rooms or discussion groups is responsible for such content and not VIVANDA. You agree that you are solely responsible for your own communications with any third party user/s within any chat rooms or discussion groups and for any consequences thereof.

Special Requests:

Whilst VIVANDA attempts to satisfy all special requests in relation to the ‘Said Product/s’, VIVANDA does not guarantee that special requests can be availed/ fulfilled.

Right to Refuse:

  1. VIVANDA reserves the right to refuse to deliver or provide the ‘Said Product/s’ and/or the ‘Said Service/s’ to you without any notice and terminate any booking/ order without being liable for any refund or compensation for the following reasons:
    1. the booking/ order has been paid through fraudulent means;
    2. the booking/ order has been altered by anyone other than the employees/ staff of the ‘Said Bakery’ or the booking/ order has been tampered with or the booking/ order confirmation has been defaced [in which case VIVANDA reserves the right to retain such defaced booking/ order confirmation];  the person/ guest availing the ‘Said Service/s’ cannot prove that he/she is the person named in the booking/ order confirmation;
  1. If you are in breach of any of these ‘Terms & Conditions of Use’, the Privacy Policy and such other rules, guidelines, policies, terms, and conditions set forth on this ‘Website’;
  2. For any other reasons, as permitted under the provisions of these ‘Terms & Conditions of Use’.
  1. Furthermore, VIVANDA reserves the right to refuse to deliver or provide the ‘Said Product/s’ and/or the ‘Said Service/s’ to you and/or cancel your booking/ order without assigning any reason thereto, provided VIVANDA notifies you, at least 12 [Twelve] Hours prior to your scheduled delivery date of the ‘Said Product/s’ and/or the ‘Said Service/s’ and shall promptly refund the entire Booking/ order amount received from you for such booking/ order.

Intellectual Property Issues:

  1. VIVANDA expressly reserves all intellectual property rights in all, texts, programs, products, processes, technology, content and other materials, which appear on this ‘Website’. Access and/ or use of this ‘Website’ does not confer and shall not be considered as conferring upon anyone any license under any intellectual property rights of VIVANDA or any third party/ies. All rights, including trademarks, copyrights, patents, designs, etc. in this ‘Website’ or its contents are owned by or provided to or licensed to VIVANDA. Any use of this ‘Website’ or its contents, including copying or storing it or them in whole or part, other than for your own personal and non-commercial use is prohibited without the permission of VIVANDA.
  2. The name/ brand of the ‘Said Bakery’ i.e. ‘FANTASY BISTRO fresh comfort food and its logo are trademarks of VIVANDA and shall not be copied, imitated or used, in whole or in part, without the prior written permission of VIVANDA. The Trade Marks, Logos, Service Marks, Pictures, Designs and Layouts displayed on this ‘Website’ are the sole and exclusive property of VIVANDA and/or the respective third party/ies. No Trade Mark or Service Mark license is granted in connection with the materials contained on this ‘Website’. Access to this ‘Website’ does not authorize anyone to use any Trade Mark, Service Mark, Name, Logo or Mark in any manner whatsoever.
  3. References on this ‘Website’ to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply an endorsement, sponsorship or recommendation by VIVANDA of such third party, information, product/s or service/s.
  4. VIVANDA is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
  5. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this ‘Website’ [Referred to as Vivanda Content] are intended solely for your personal and non-commercial use. You may download or copy ‘Vivanda Content’ and other downloadable materials displayed on this ‘Website’ for your personal and non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce [except as noted above], publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the ‘Vivanda Content’, this ‘Website’ or any related software. All software used on this ‘Website’ is the sole and exclusive property of VIVANDA and protected by Indian and International Intellectual Property Laws. ‘Vivanda Content’ and software on this ‘Website’ may be used only as a resource for the purposes specifically mentioned herein. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of ‘Vivanda Content’ is strictly prohibited. Unless otherwise noted, all ‘Vivanda Content’ are copyrights, trademarks, designs, trade dress and/or other intellectual property owned, controlled or licensed by VIVANDA [or] any one of its affiliates [or] by third parties who have licensed or provided their materials to VIVANDA and are protected by Indian and/or International Intellectual Property Laws. The compilation [meaning the collection, arrangement, and assembly] of all ‘Vivanda Content’ on this ‘Website’ is the exclusive property of VIVANDA and is also protected by Indian and International Intellectual Property Laws.
  6. At our sole discretion, we can change, modify, add or remove portions of this ‘Website’ and the ‘Vivanda Content’ at any time and after we post any changes to this ‘Website’ and the ‘Vivanda Content’, you agree to accept those changes, whether or not you have reviewed them.
  1. Your address, telephone number, and e-mail address;
  2. A statement by you that you have good faith and belief, that the disputed use is not authorized by the owner, its agent, or under the prevailing law;
  3. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on behalf of such owner.

Online Communication/ Electronic Communication:

  1. You agree that all agreements, notices, disclosures and other communications that VIVANDA provides to you electronically, satisfy all or any legal requirement/s, wherein such communication/s are required to be in writing.
  2. When you access the ‘Website’ and/or call [or] send emails/texts to VIVANDA, you are communicating with VIVANDA electronically and you consent to receive communications from VIVANDA electronically. VIVANDA shall, therefore, communicate with you by email/ text messages/ call or by posting notices on this ‘Website’. You would typically receive a confirmation E-mail/ Text Messages upon registering on the ‘Website’ and general reminders/ notifications thereafter.
  3. VIVANDA may also occasionally collect information by using online surveys and promotions, wherein you will not be compulsorily required to participate in these surveys and you may opt-out from even receiving requests to enter such surveys.
  4. VIVANDA may also offer a channel for advertising and marketing communication from providers and other e-commerce, e-trading and/or e-business service providers.
  5. You can send an E-mail to us in case erroneous data is stored in respect of your account and we shall rectify/ update the same.

Agreed Guidelines:

You agree to the following guidelines:

  1. Respecting the privacy and views of others;
  2. Not using this ‘Website’ for illegal or unlawful purposes;
  3. Not posting obscene, defamatory, harmful or knowingly false information on or through this ‘Website’;
  4. Not to stalk, bully, impersonate or intimidate people or entities;
  5. Not using this ‘Website’ to promote any specific goods or services unless specifically authorized in writing, by VIVANDA;
  6. You further agree and confirm that:
    1. you shall use the ‘Said Service/s’ facilitated/ provisioned by VIVANDA and/or the ‘Payment Gateway’ service facilitated/ provisioned by the ‘Payment Gateway Service Providers’ and/or booking services facilitated/ provisioned by any Participating Website/s/ Booking Engine/s, its affiliates, consultants and contracted/ participating companies, for lawful purposes only and comply with all applicable laws and regulations while using this ‘Website’ and transacting in/ on/ through this ‘Website’;
    2. you are accessing this ‘Website’ and availing the ‘Said Products’ and the ‘Said Service/s’ offered by VIVANDA, at your sole risk and are using your best and prudent judgment before availing the ‘Said Products’ and the ‘Said Service/s’;
  7. You shall not use this ‘Website’ for any of the following purposes:
    1. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, violent, discriminatory, hateful, pornographic or sexually suggestive photos or otherwise objectionable material or content;
    2. transmitting material that encourages conduct that constitutes a criminal offense [or] results in civil liability [or] otherwise breaches any relevant laws, regulations or code of practice/ conduct; gaining unauthorized access to other computer systems;
  1. interfering with any other person’s use or enjoyment of the ‘Website’;
  2. breaching any applicable laws;
  3. interfering or disrupting networks [or] third-party sites connected to the ‘Website’; making, transmitting or storing electronic copies of materials protected by intellectual property laws without the permission of the owner.
  1. You further undertake that you shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which you do not have a right;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
  1. violates any law for the time being in force;
  2. impersonates another person;
  3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;is prohibited under the applicable law/s and rules for the time being in force including the Information Technology Act, 2000 [read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the Information Technology (Intermediaries Guidelines) Rules, 2011] and the Indian Penal Code, 1860, as amended from time to time; threatens the unity, integrity, defense, security or sovereignty of INDIA, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  1. You are further also prohibited from:
    1. violating or attempting to violate the integrity or security of the ‘Website’ or any ‘Vivanda Content’;
    2. transmitting any information [including job posts, messages, and hyperlinks] on or through this ‘Website’ that is disruptive or competitive to the provision of services by VIVANDA. intentionally submitting on the ‘Website’, any incomplete, false or inaccurate information;
  1. making any unsolicited communications to other users;
  2. using any engine, software, tool, agent or other device or mechanism [such as spiders, robots, avatars or intelligent agents] to navigate or search the ‘Website’;
  3. attempting to decipher, decompile, disassemble or reverse engineer any part of the ‘Website’;
  • copying or duplicating in any manner any ‘Vivanda Content’ or other information available on this ‘Website’;
  • framing or hot-linking or deep-linking the ‘Website’ or any ‘Vivanda Content’.
  1. VIVANDA shall be entitled to remove from this ‘Website’ any content that VIVANDA deems as inappropriate.
  2. You hereby authorize us and our affiliates and/or our agents to co-operate with law enforcement authorities in the investigation of suspected criminal violations and system administrators at Internet Service Providers or other network or computing facilities or other third parties, in order to enforce these ‘Terms & Conditions of Use’. Such co-operation may include the disclosure of personally identifying information.

General Terms:

  1. You understand and agree that the ‘Said Product/s’ and/or the ‘Said Service/s’ provided from time to time by VIVANDA on this ‘Website’ are provided for your convenience and benefit.
  2. Unless expressly provided otherwise by VIVANDA, all information or materials submitted by you to VIVANDA through or in association with the ‘Website’ shall be considered non-confidential and the property of VIVANDA. By submitting such, information or materials to VIVANDA, you agree, at no cost or fee, to assign to VIVANDA of all worldwide rights, title, and interest in copyrights and other intellectual property rights to such information or materials.
  3. You grant VIVANDA all the right, title and interest to transmit, monitor, retrieve, store and use your information in connection with the operation of your records.
  4. You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data and for maintaining records as external means to this ‘Website’ for the reconstruction of lost data.
  5. VIVANDA or any of its employees/ staff do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works to VIVANDA. The sole purpose of these ‘Terms & Conditions of Use’, is to avoid potential misunderstandings or disputes when the ‘Said Product/s’ and/or the ‘Said Service/s’ or marketing strategies of VIVANDA might seem similar to ideas submitted to VIVANDA by you. In furtherance to the same, please do not send your unsolicited ideas to VIVANDA or anyone at VIVANDA. If, despite our request to you for not sending us any of your ideas and materials, you still send them, please understand that VIVANDA makes no assurances that your ideas and materials will be treated as confidential or proprietary.

 Export Compliance and Use Restrictions:

  1. You shall not use or access this ‘Website’ if you are located in any jurisdiction in which the provision of the ‘Said Product/s’ and/or the ‘Said Service/s’ and/or use of this ‘Website’ is prohibited under the applicable laws, rules or regulations [Prohibited Jurisdiction] and you shall not provide access to this ‘Website’ to any government, entity or individual located in any such ‘Prohibited Jurisdiction’.
  2. You represent, warrant and covenant that:
    1. You are not named on the list of persons or entities prohibited from transacting, by any government;
    2. You are not a national of or a company registered in any ‘Prohibited Jurisdiction’
    3. you shall not access or use the ‘Website’ in violation of any applicable export embargoes, prohibitions or restrictions; and
  1. you shall comply with all applicable laws regarding the transmission of data exported from the country in which you are located.

Third-Party Service/s:

  1. You acknowledge that the ‘Website’ may enable or assist you to access, interact with and/or purchase and/or avail services from supported platform/s and other third parties via third-party websites or applications [Collectively referred to as Third-Party Service/s].
  2. Any use of ‘Third-Party Service/s’ is subject solely to the terms and conditions governing such ‘Third-Party Service/s’ and any contract entered into or any transaction completed for any ‘Third-Party Service/s’, is between you and the relevant third party, and not VIVANDA.
  3. You shall comply with all such terms and conditions governing such ‘Third-Party Service/s’ that you access through the ‘Website’, including the applicable terms of use and privacy policy of supported platform/s.
  4. VIVANDA is not responsible for any services provided by supported platform/s or for any other ‘Third-Party Service/s’ or any other information or content of the supported platform/s or any other ‘Third-Party Service/s’ accessed through the ‘Website’.
  5. If you access any ‘Third-Party Service/s’ through the ‘Website’, you do so at your own risk.
  6. You acknowledge and agree that, if you install or enable a ‘Third-Party Service’, you grant us permission to allow the provider of such ‘Third-Party Service’ to access your ‘User Content’ and your personal information solely to the extent required for the inter-operation of the ‘Third-Party Service’ with VIVANDA/ this ‘Website’ or as you may otherwise authorize or direct.

Objectionable Material:

  1. You understand that by using this ‘Website’ and/or availing the ‘Said Service/s’ facilitated/ provisioned on this ‘Website’, you may encounter content/s that may be deemed by some party or person to be offensive, indecent or objectionable, which content/s may or may not be identified by VIVANDA as such.
  2. You agree to use this ‘Website’ and/or avail the ‘Said Service/s’, at your sole risk and that to the fullest extent permitted under applicable laws, wherein VIVANDA and its affiliates shall have no liability to you for content/s that may be deemed offensive, indecent or objectionable to you.
  3. You agree to inform VIVANDA if you come across any content/s that is/are offensive or violate these ‘Terms & Conditions of Use’ or infringes any intellectual property rights so as to enable VIVANDA to keep this ‘Website’ working efficiently and in a safe manner. VIVANDA reserves the right to take down any such content/s and further take all reasonable technical and legal steps to prevent the misuse of this ‘Website’ in keeping with the letter and spirit of these ‘Terms & Conditions of Use’. In the event, you encounter any problems with the use of this ‘Website’ or the ‘Said Service/s’ you are requested to report the problem by E-mail to VIVANDA at fantasybistro@gmail.com.

Indemnification:

  1. You agree to defend, indemnify and hold harmless VIVANDA and the ‘Payment Gateway Service Providers’ and/or its/their affiliates/ associates/ participating booking websites/ participating order websites/ companies, as well as its/their officers, directors, chefs, staff, agents, licensors, employees, suppliers, vendors and its/their successors, harmless from and against any claims, actions or demands, liabilities, damages, losses, costs, expenses and settlements including without limitation, reasonable legal and accounting fee, resulting from or alleged to result from your violation of these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable and further you agree to provide VIVANDA with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
  2. Your use of this ‘Website’ is at your own risk i.e. in no event shall VIVANDA be liable for any damages including without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption, arising out of or in connection with the ‘Website’ or the contents herein or in reliance on the information available on the ‘Website’, whether based on warranty, contract, tort or any other legal theory and whether or not VIVANDA is advised of the possibility of such damages.
  3. If you are dissatisfied with any of the ‘Said Products’ and/or the ‘Said Service/s’ offered by VIVANDA or other contents of the ‘Website’ or with these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable, your sole and exclusive remedy for dissatisfaction with VIVANDA is to discontinue the use of the ‘Website’, the ‘Said Products’ and the ‘Said Service/s’ offered by VIVANDA.
  4. This clause shall survive the expiry or termination of these ‘Terms & Conditions of Use’.

 Legal Disclaimer; No Warranties and Limitation of Liability:

  1. To the fullest extent permitted by law, VIVANDA disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality, and fitness for purpose.
  2. To the fullest extent permitted by law, VIVANDA disclaims guarantees regarding accurate listing of information pertaining to the ‘Said Product/s’ and the ‘Said Service/s’ offered by VIVANDA. You understand that there may be errors in the information pertaining to the ‘Said Product/s’ and the ‘Said Service/s’. Under no circumstances shall VIVANDA be liable for any consequential, special, indirect, exemplary or punitive damages [including without limitation loss of profits, revenue, interest, goodwill, etc.] whether in contract, tort [including negligence] or any other legal theory, even if advised of the possibility of such damages.
  3. Under no circumstances shall VIVANDA be liable to you for any loss or damages of any kind including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to: (i) any fault, imperfection, shortcoming, inadequacy or deficiency in the quality, nature and manner of performance of the ‘Said Service/s’; (ii) any fault, imperfection, shortcoming or defect in the quality, quantity, potency, purity or standard pertaining to the ‘Said Product/s’, (iii) the ‘Vivanda Content’; (iv) ‘User Content’, ‘Submissions’, Feedback and ‘Mentions’; (v) your use of, inability to use, or the performance of the ‘Website’; (vi) any action taken in connection with an investigation by VIVANDA or law enforcement authorities regarding your or any other party’s use of the ‘Website’; (vii) any action taken in connection with copyright or other intellectual property owners; (viii) any errors or omissions in the operations of the ‘Website’; or (ix) any damage to the computer, or other equipment or technology of ‘User’ including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, even if foreseeable or even if VIVANDA has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort including, without limitation, whether caused in whole or in part by negligence, acts of god/ force majeure, telecommunications failure or theft or destruction of the ‘Website’. In no event shall VIVANDA be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury/ allergy or food poisoning or any other health/ medical issue, arising/ occurring as a result of consumption of the ‘Said Product/s’ and/or availing the ‘Said Service/s’.
  4. This ‘Website’ and all the contents thereof are provided on an ‘as is’ basis. VIVANDA and its affiliates/ associates do not make any express or implied warranties, representations or endorsements whatsoever with respect to the accuracy, completeness, correctness, timeliness or usefulness of the ‘Said Product/s’ and/or the ‘Said Service/s’ and/or ‘Third Party Services’ and/or any opinions, advice or other information provided through the ‘Website’ generally.
  5. Under no circumstances shall VIVANDA and/or its affiliates/ associates be held liable and/or responsible and/or be held accountable and/or liable for any unpleasant and/or criminal experience faced by you while availing any ‘Third Party Services’ while placing any reliance on [or] acting upon any information provided on/ through this ‘Website’. Furthermore, under no circumstances shall VIVANDA and/or its affiliates/ associates be held liable and/or responsible for any defect/ deficiency in the products [and/or] services availed by you from any third party or any third party service providers.
  6. VIVANDA has made every effort to display the colors in respect of the ‘Said Product/s’ and the ‘Said Service/s’ appearing on the ‘Website’ as accurately as possible. VIVANDA does not guarantee that any color displayed on this ‘Website’ will be accurate.
  7. You understand that VIVANDA cannot and does not guarantee or warrant that the ‘Website’ in general, its contents and any records created by you, will operate error-free or that the ‘Website’ or its server/s are free of computer viruses, other harmful items, infection, worms, Trojan horses or other code/s that manifest contaminating or destructive properties or that it will be available to you at any time. If your use of the ‘Website’ and/or the contents hereof result in the need for servicing or replacing your data/ device, VIVANDA shall not be responsible for any such costs, incurred by you.
  8. As the ‘Website’ may contain references to linked sites controlled by parties other than VIVANDA and/or its affiliates/ associates, VIVANDA cannot guarantee that the linked sites will be available at all times. VIVANDA is not responsible for and does not endorse the contents or use of such linked sites, thereby VIVANDA and/or its affiliates/ associates make no warranties about the accuracy, reliability, completeness or timeliness of the linked sites or the contents thereof.
  9. Unfortunately, no data protection method or a combination of different data protection methods can guarantee 100% [One Hundred Percent] security. VIVANDA takes all reasonable steps to protect your personal information as described throughout these ‘Terms & Conditions of Use’ and its ‘Privacy Policy’, but VIVANDA does not assure or warrant its ability to do so. As a result, you avail the Said Service/s’, at your own risk. VIVANDA will not be liable for disclosure of your personal information due to errors in transmission or unauthorized acts of third parties.
  10. VIVANDA also does not guarantee continuous or secure access to and use of the ‘Website’. Accordingly, to the extent legally permitted VIVANDA excludes all implied warranties of merchantability, fitness or quality of the ‘Website’.

Termination:

  1. VIVANDA reserves the right, at its sole discretion, to terminate your access to and use of the Website, for any reason whatsoever, including but not limited to:
    1. If VIVANDA believes that you have violated or acted inconsistently with the letter or spirit of these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable; or
    2. If VIVANDA believes that you have violated the rights of VIVANDA or any third party; or
  • Discontinuance of operation/s of VIVANDA or any part hereof; or
  1. Any reason whatsoever, with or without notice to you and without VIVANDA being liable to pay any penalty for the same;
  2. Request by law enforcement or other government agencies.
  1. Upon any such termination, VIVANDA may immediately deactivate or delete your account and all related information and ‘User Content’ in your account and/or bar any further access by you to the ‘Website’ Further, VIVANDA shall not be liable to you or any third-party for any termination of your access to the ‘Website’ generally.
  2. Following termination or deactivation of your account, VIVANDA or its Affiliates may retain your information such as name and email address, ‘User Content’, ‘Submissions’, ‘Feedback’ and any other information collected through this ‘Website’ for a commercially reasonable time for backup, archival and/or audit purposes.
  3. All provisions of these ‘Terms & Conditions of Use’ which by their nature should survive termination shall survive termination, including, without limitation, Food Disclaimer, Submissions, Feedback & Mentions, Intellectual Property Issues, Indemnification, Legal Disclaimer; No Warranties & Limitation of Liability.

Complaints:

  1. If we receive a complaint from any other person/user/client against you with respect to your activities as part of use of the ‘Website’, we shall forward the complaint to the primary email address of your account. You must respond to the complainant directly within 10 [Ten] Days of receiving the complaint forwarded by us and copy VIVANDA in the communication. If you do not respond to the complainant within 10 [Ten] Days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you.
  2. You understand that your failure to respond to the forwarded complaint within 10 [Ten] Days’ period shall be construed as your consent to disclose your name and contact information by VIVANDA to the complainant.

Force Majeure:

You accept and acknowledge that VIVANDA shall not be liable for any loss or damage caused to you for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes [whether legal or illegal], terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within the control of VIVANDA.

Availability:

  1. VIVANDA controls and operates this ‘Website’ from Pune, INDIA and makes no representation that the information, materials and contents of the ‘Website’ are appropriate or will be available for use in other locations. If you access and use this ‘Website’ outside INDIA, you are entirely responsible for compliance with all applicable local laws.
  2. Information that VIVANDA publishes on the ‘Website’ may contain references or cross references to VIVANDA programs and services that are not announced [or] available in your location. Such references do not imply that VIVANDA intends to announce such programs or services in your location.

 Dispute Resolution:

You agree and admit that any dispute, claim, controversy arising between VIVANDA and you shall be governed by INDIAN laws and you further agree to submit yourself to the sole and exclusive jurisdiction and venue of the Courts in the City of Pune, comprised in the State of Maharashtra, INDIA, for all and any matters arising out of or concerning or relating to or touching these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable.

 Miscellaneous Terms:

  1. Nothing contained herein shall be deemed or construed by the PARTIES nor by any third party as creating a relationship of a partnership or a joint venture or an owner and an agent, it being understood and agreed that neither any provision contained herein nor any act of the PARTIES hereto, shall be deemed to create any relationship between the PARTIES hereto, other than as contemplated herein i.e. VIVANDA [being the provider of the ‘Said Product/s’ and the ‘Said Service/s’] and You [being the ‘User’].
  2. You agree that you may not and will not hold yourself out as a representative, agent or employee of VIVANDA and VIVANDA shall not be liable for any representation, act or omission on your part.
  3. VIVANDA does not preview what people say on community forums and blogs, but, if VIVANDA finds that you are using such forums in ways that do not support the original purpose of VIVANDA, VIVANDA will prevent you from availing the ‘Said Service/s’ and/or using the ‘Website’. VIVANDA regards the items listed herein as the guidelines for your behavior while booking/ ordering/ availing the ‘Said Product/s’ and the ‘Said Service/s’ or in any way accessing or using this ‘Website’.
  4. While philosophy of VIVANDA will not change, the details herein may change over a period of time as VIVANDA may add additional products and services and form relationships with new business channel partners. In case VIVANDA makes changes to these ‘Terms & Conditions of Use’ mentioned herein and/or its ‘Privacy Policy’, VIVANDA shall update such revisions/ alterations/ modifications on the ‘Website’.
  5. The failure of VIVANDA to enforce any right or provision of these ‘Terms & Conditions of Use’ will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VIVANDA. Except as expressly set forth in these ‘Terms & Conditions of Use’, the exercise by either ‘Party’ of any of its remedies under these ‘Terms & Conditions of Use’ will be without prejudice to its other remedies under these ‘Terms & Conditions of Use’ or otherwise.
  6. The ‘Parties’ hereto agree that if at any time, any of the terms, conditions and/or provisions of these ‘Terms & Conditions of Use’ is declared to be invalid or unenforceable to any extent under the applicable laws or under directions or orders of any judicial or other competent authority, the validity or enforceability of the remaining terms, conditions and provisions of these ‘Terms & Conditions of Use’ shall not be impaired and these ‘Terms & Conditions of Use’ shall continue to be valid to the fullest extent permitted by law, construed as if it had been executed without such invalid or unenforceable terms, conditions and/or provisions.

Modification:

VIVANDA may at any time modify these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable without any prior notification to you. You can access the latest version of these ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable to you at any given time on the ‘Website’. You should regularly review the ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable at any given time on the ‘Website’. In the event the modified ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable is/are not acceptable to you, you should discontinue accessing and using the ‘Website’. However, if you continue to access and use the ‘Website’ and/or continue to avail the ‘Said Service/s’ you shall be deemed to have agreed to accept and abide by the modified ‘Terms & Conditions of Use’, ‘Privacy Policy’ and such other rules, guidelines, policies, terms and conditions as are applicable.

I admit and agree that I have understood these ‘Terms & Conditions of Use’ and hereby agree to the same.

 ****This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions of Use for access or usage of the website http://fantasybistro.in.

This is a demo store for testing purposes — no orders shall be fulfilled. Dismiss