Terms of Use

These terms of use (the "Terms of Use") govern your use of our website www.Carryiva.com (the "Website") and our "Carryiva" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Carryiva and you signify your acceptance to this Terms of Use and other Carryiva policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Carryiva", "we", "us" or "our" shall mean Bundl Technologies Private Limited.

Carryiva enables transactions on its Platform between participating restaurants/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries and grocery stores ("Merchant/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”). 

Carryiva enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, Carryiva is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.

Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Carryiva policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Carryiva policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Carryiva policies. As long as you comply with these Terms of Use, Carryiva grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Carryiva policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

Use of Platform and Services

All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Carryiva does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Carryiva may, however, offer support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by Carryiva with the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and Carryiva has no role to play in such determination of price in any way whatsoever.

Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Merchants/Buyers and PDPs. Carryiva shall not be responsible for the services provided by PDP to Merchants/Buyers through the Platform. Carryiva may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Carryiva with the PDPs.

Carryiva does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. Carryiva takes no responsibility for such offers.

Carryiva neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Carryiva accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Carryiva does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.

Carryiva is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, and between Merchants/Buyers and PDP on the Platform. Carryiva cannot and does not guarantee that the concerned Buyers, Merchants and PDPs will perform any transaction concluded on the Platform. Carryiva is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Terms of service

The Buyer agrees and acknowledges that Carryiva shall not be responsible for : The services or goods provided by the Merchants including but not limited to serving of food Orders suiting your requirements and taste;

The Merchant's services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/her;

The availability or unavailability of certain items on the menu; The Merchant serving the incorrect Orders; or

Product liability of goods provided by Merchants.The details of the menu and price list available on the Platform with respect to restaurant services, goods or any other services are based on the information provided by the Merchants and Carryiva shall not be responsible for any change or cancellation or unavailability. Buyers and Merchants agree and acknowledge that Carryiva is not responsible for any liability arising out of delivery services provided by PDP to them.Buyers may not be able to avail Services if their delivery location is outside Carryiva’s current scope of Service. Carryiva will keep the Buyer informed of the same at the time of confirming his/her Order booking. Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Merchants. Carryiva will not be responsible for any delay in the delivery of an Order.

Buyer understands that there are certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. Carryiva exercises no control on such delivery services and same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. Carryiva shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.

Offers & benefits
Depending on your city or place of residence, you may be able to avail only certain Offers provided by Carryiva and the relevant Restaurant, provided that, the User strictly complies with all the terms and conditions of Carryiva and the relevant Restaurant partner. For the purposes of clarity, these Offers shall be subject to certain additional terms and conditions, such as the details of such Offer, their validity, etc. Such Offer terms may be changed or modified from time to time. Therefore, prior to availing any

Offers, it is your responsibility to review the terms and conditions governing such Offers/benefits provided by Carryiva.

From time to time, Carryiva may run marketing and promotional campaigns which may provide Offers and other promotional offers to be used on the Platforms.

Any Offers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to such Offers.

Unless otherwise stated, Offers can only be used on our Platforms.

Offers & discounts cannot under any circumstance be combined with other discounts at the Restaurant such as (but not limited to) other promotions from the restaurant, credit card promotions, senior citizen, kids' meals, discounts, per-discounted set meals etc.

Carryiva reserves the right to void, discontinue or reject the use of any Offer without any prior notice.

We may exclude certain Restaurants from the use of Offers at any time without prior notice to you.

The Offers:

Can be redeemed at selected Restaurants only and the list of such Restaurants may be updated periodically; may be changed or added from time to time. You are advised to check the Offer terms and conditions being offered by Carryiva and/or the Restaurant at the time of placing your order; cannot be exchanged for cash; not valid on take away or delivery; can only be availed in the selected city or authorised Restaurants; and can only be availed by Users who have subscribed to Carryiva DineOut Services.

Payment

Upon ordering the required meals or beverages from the relevant Restaurants, User shall make the necessary payments using the various payment mechanism available on the Platform as per the Invoiced Amount raised by the Restaurants.

The User shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. Upon fulfilment of payment of the Net Amount via the Platform, You will be required to show the payment confirmation to the Restaurant or its authorised personnel or to the relevant billing counter of such Restaurant.

Other terms and conditions

Communications from Carryiva. If you use our Platform and/or DineOut Services, Carryiva may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy.
Personal Information. Users will be required to share certain personal information with Carryiva and/or the Restaurant including but not limited to their name, phone number, email address in order to avail the DineOut Services and the User hereby permits Carryiva to share such personal information with the Restaurant for confirming such User's booking and/or such other communication relating to but not limited to the DineOut Services or any promotions by the Restaurant. Carryiva will use these details in accordance with the Privacy Policy published here.
Technical Requirements. Use of the DineOut Services requires Internet access through your mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the DineOut Services, including from any notifications provided by the DineOut Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. Carryiva does not guarantee that the DineOut Services will be compatible with all devices or will be supported by all mobile carriers.
Modifications of DineOut Services. Carryiva reserves the right, in its sole discretion, to modify the DineOut Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the DineOut Services or these T&C or Restaurants. Carryiva shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the DineOut Services. Continued use of the DineOut Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the DineOut Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the DineOut Services (collectively, the Carryiva Content) are provided to User by Carryiva or its partners or licensors solely to support User's permitted use of the DineOut Services. The Carryiva Content in the Platform or DineOut Services or these T&C may be modified from time to time by Carryiva in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the DineOut Services or the Carryiva Content by User shall constitute a material breach of this T&C. Carryiva and its partners (including Restaurants) or licensors retain all rights in the DineOut Services and Carryiva Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Carryiva or any third party is granted under this T&C.
Applicability of other Carryiva Policies: You hereby agree that at all times, this T&C shall be read in conjunction with the other terms and conditions of the Carryiva Policies.
Termination. Carryiva may suspend your ability to use all or any element of the DineOut Services or may terminate this agreement effective immediately, without notice or explanation. Without limiting the foregoing, Carryiva may suspend your access to the DineOut Services if we believe you to be in violation of any part of this T&C (including any Carryiva Policies). After any suspension or termination, you may or may not be granted permission to use the DineOut Services or re-establish an Account. You agree that Carryiva shall not be liable to you for any suspension or termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the DineOut Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Carryiva will have no liability whatsoever.
Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL Carryiva BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS T&C (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE Carryiva PLATFORM, DINEOUT SERVICES, THE Carryiva CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE Carryiva SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE Carryiva CONTENT. Carryiva IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE Carryiva POLICIES, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL NOT EXCEED THE LAST FEE YOU PAID. THESE

EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR Carryiva DINEOUT SERVICES.

These T&C are co-extensive and concurrent with other Carryiva Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore shall also be applicable to this Carryiva DineOut Services and the same need not be expressly repeated herein.

You and Carryiva understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this T&C and that they represent a reasonable allocation of risk. In particular, you understand that Carryiva would be unable to make the DineOut Services available to you except on these terms and agree that this T&C will survive and apply even if any limited remedy specified in this T&C is found to have failed of its essential purpose.

Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE DineOut SERVICES IS AT YOUR OWN RISK AND Carryiva CANNOT GUARANTEE THAT THE DineOut SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE DineOut SERVICES, ALL Carryiva CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE DineOut SERVICES, ARE PROVIDED TO USER ON AN AS IS BASIS AND WITHOUT WARRANTY OF ANY KIND. Carryiva EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. Carryiva DOES NOT WARRANT THAT YOUR USE OF THE DineOut SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT Carryiva WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE DineOut SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. Carryiva SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF Carryiva.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Important notice:
These Terms are special terms and as such restricted to only Buyer Orders placed through Carryiva on participating restaurants when You are a Carryiva One or Carryiva One Lite Member and as such does not supersede the Carryiva Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice posting changes on the Platform and you shall be responsible to update yourself of such changes, if any, by accessing the changes on the Platform. Your continued usage of the Carryiva One or Carryiva One Lite Program after any change is posted constitutes your acceptance of the amendments.

General Terms & Conditions:
We reserve the right to accept or refuse membership in our sole discretion
We may send you an email, or other communication related to Carryiva One or Carryiva One Lite Membership (regardless of any settings or preferences related to your Carryiva account).
You may not transfer or assign your Carryiva One or Carryiva One Lite Membership or any Carryiva One or Carryiva One Lite benefits, except as allowed in these Terms.
From time to time, We may choose in our sole discretion to add or remove Carryiva One or Carryiva One Lite Membership benefits.
The delivery services shall always be provided by the PDP and all other terms and conditions as enumerated in the Terms of Use are applicable as is.
Carryiva reserves the right to offer this Carryiva One or Carryiva One Lite membership in select cities and on select restaurants, at its sole discretion.
Carryiva One or Carryiva One Lite Membership feature is available only on the App.
Free deliveries are applicable only on food Orders for participating restaurants, on Instamart Orders and on Carryiva Mall Orders, subject to the minimum order amounts as enumerated under the relevant Platform Services interface being met by You.
Carryiva One or Carryiva One Lite membership can be used only on 2 devices at a time. Carryiva One or Carryiva One Lite membership is priced for individual and personal usage. Having a 2 device limit reduces the instances of misuse. This will ensure that we are able to serve our members in the most optimal way while still maintaining fair usage within reasonable parameters. This ensures that we continue to make the membership affordable for all consumers and sustainable for Carryiva.