Welcome to imfoodie.in ! These Terms and Conditions govern your use of our website and the services we provide. By accessing or using imfoodie.in, you agree to comply with and be bound by these terms. If you do not agree with these terms, please refrain from using our website.
1. Acceptance of Terms :
By using imfoodie.in, you agree to abide by these Terms and Conditions, including any additional terms and conditions that may apply to specific sections of the website or to particular content or transactions.
2. User Registration :
To access certain features of the website, you may be required to register and create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
3. Listing Content :
Users who submit listings for hotels, restaurants, or homestays are solely responsible for the accuracy and completeness of the information provided. imfoodie.in is not responsible for any errors or omissions in the content of the listings.
4. User Conduct :
You agree not to use imfoodie.in for any unlawful or prohibited purpose. You will not use the website in any way that could damage, disable, overburden, or impair our servers or networks.
6. Reviews and Ratings :
Users may leave reviews and ratings for listed establishments. These reviews should be honest, fair, and based on personal experiences. imfoodie.in reserves the right to remove reviews that violate these principles.
7. Intellectual Property :
The content on imfoodie.in, including but not limited to text, graphics, logos, and images, is the property of imfoodie.in and is protected by intellectual property laws. You may not use, reproduce, or distribute the content without our express written permission.
8. Modification of Terms :
imfoodie.in reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the website. Your continued use of the website after such changes constitutes acceptance of the modified terms.
9. Termination of Access :
imfoodie.in reserves the right to terminate or suspend your access to the website at any time, for any reason, without notice.
10. Governing Law :
These Terms and Conditions are governed by and construed in accordance with the laws of Chitradurga jurisdiction.
By using imfoodie.in, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or concerns, please contact us at email@example.com
Last updated: 17-11-2023
I'M FOODIE enables transactions on its Platform between participating Restaurants / Hotels / Resorts / Homestays / Lodges and I’M FOODIE membership Card Holders, dealing in (a) prepared food and beverages, (b) Hospitality, and (c) other products and services ("Platform Services"). I’M FOODIE membership Card Holders can choose services listed and offered by various businesses on the Platform. Further, the Buyer can also avail the discount & Offers on the Platform.
Businesses enrolled are individual entrepreneurs engaged with I'M FOODIE on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for free services. PDPs are independent contractors and are free to determine their timings of work. I'M FOODIE does not exercise control on the PDPs and the relationship between the PDPs and I'M FOODIE is not that of an agent and principal or employee and employer.
Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between the listed businesses and I’M FOODIE membership Card Holders alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, payment terms, related to dine-in services / hospitality and after sales services related to products and services. I'M FOODIE 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 listed businesses and I’M FOODIE membership Card Holders. I'M FOODIE may, however, offer support services to promote your business on our platform, pursuant to independent contracts executed by I'M FOODIE with the listed businesses. The discounts & offers for the dine-in services / hospitality offered by the listed businesses are determined by the listed businesses itself and I'M FOODIE has no role to play in such determination of price, agreed discounts & offers in any way whatsoever.
I'M FOODIE does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the between listed businesses. You are advised to independently verify the bona fides of any particular between listed businesses that you choose to deal with on the Platform and use your best judgment on that behalf. All between listed businesses offers and between I’m foodie membership card holders offers are subject to respective party terms and conditions. I'M FOODIE takes no responsibility for such offers.
I'M FOODIE neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the 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 this Platform. I'M FOODIE accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
I'M FOODIE does not make any representation or warranty with respect to any aspect of the services being provided by the listed businesses. I’m FOODIE platform does not provide pick up and delivery services and Task completion services to the between listed businesses and I’m foodie membership card holders as the case may be.
I'M FOODIE is not responsible for any non-performance or breach of any contract entered into between listed businesses and I’m foodie membership card holders on this Platform. I'M FOODIE cannot and does not guarantee that the concerned between listed businesses and I’m foodie membership card holders will perform any transaction concluded on this Platform. I'M FOODIE is not responsible for unsatisfactory of services or reservations as a result of services which are subject to availability (Resorts / Homestays / Lodges).
I'M FOODIE is operating an online and offline promotional platform and assumes the role of facilitator, and does not at any point of time during any transaction between listed businesses and I’m foodie membership card holders on this Platform come into or take possession of any of the products or services offered by between listed businesses. At no time shall I'M FOODIE hold any right, title or interest over the services nor shall I'M FOODIE have any obligations or liabilities in respect of such contract entered into between listed businesses and I’m foodie membership card holders.
I'M FOODIE is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the between listed businesses and I’m foodie membership card holders. In case of complaints from I’m foodie membership card holders pertaining to efficacy, quality, or any other such issues, I'M FOODIE shall notify the same to between listed businesses and shall also redirect the members to the call canter of the between the listed businesses. The listed businesses shall be liable for redressing member’s complaints. In the event you raise any complaint on any listed businesses accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the listed businesses and the specific issue to which the complaint relates, to enable satisfactory resolution of the complaint.
I'M FOODIE - Use of the Website and Apps (Android and iOS)
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'I'M FOODIE', or otherwise engage in any conduct or action that might tarnish the image or reputation, of I'M FOODIE or between listed businesses on platform or otherwise tarnish or dilute any I'M FOODIE's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or I'M FOODIE's systems or networks, or any systems or networks connected to I'M FOODIE.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/GST, income tax, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
I'M FOODIE shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
You may access the Platform by registering to create an account (" I'M FOODIE Account") and become a member (" Membership"); or (c) you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your I'M FOODIE Account with Third Party Accounts, by either: providing your Third Party Account login information to us through the Platform; or allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your I'M FOODIE Account.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your I'M FOODIE Account on the Platform.
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your I'M FOODIE Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one I'M FOODIE Account and are not permitted to create multiple accounts. I'M FOODIE reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your I'M FOODIE Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your I'M FOODIE Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
Booking / Reservations and Financial Terms
The Platform allows I’m foodie membership card holders to booking / reservation and upon acceptance of such bookings / reservations by the between listed businesses and I’m foodie membership card holders, I'M FOODIE will, subject to the terms and conditions set out herein, facilitates services or hospitality.
The prices reflected on this platform are determined solely by the listed business owner and are listed based on business owner’s information. Very rarely, prices may change at the time of visit due to business owner changing the menu price without due intimation and such change of price are at the sole discretion of the business owner attributing to various factors beyond control.
In order to continually improve and provide I’m foodie members with a seamless experience we need to ensure maintenance and upkeep of our application/platform. For such upkeep and maintenance charges shall be bared by I’M FOODIE.
Disclaimer: Prices on any menu / tariff as reflected on the Platform may due to some technical issue, typographical error or service information specified by business owner be incorrectly reflected and in such an event business owner shall provide the same to I’m foodie members at the time of visit.
The listed business shall be solely responsible for any warranty/guarantee of the goods or services sold to the I’m foodie membership card holders and in no event shall be the responsibility of I'M FOODIE.
The transactions are bilateral between the listed businesses and I’m foodie membership card holders, therefore, I'M FOODIE is not liable to charge or deposit any taxes applicable on such transactions as I’m foodie is not collecting any amount in those transactions.
Cancellations and Refunds
In case of any cancellation of booking / reservation listed businesses owner / management shall take convincible decision to protect I’m foodie membership card holders interest.
In case of payment is done in advance for the booking / reservation by I’m foodie membership card holder the amount must be refunded as per the I’M FOODIE refund policy.
Terms of service
I’M FOODIE membership card holder agrees and acknowledges that I'M FOODIE shall not be responsible for:
The food or services or hospitality provided by the listed businesses owner’s including but not limited to serving suiting your requirements and taste;
The availability or unavailability of certain items on the menu.
Resort/ Homestays / lodges booking / reservation availability depends on the seasons / other unavoidable circumstances.
The restaurant serving the incorrect Orders; or food provided by restaurant.
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 listed business owner and I'M FOODIE shall not be responsible for any change or cancellation or unavailability.
Listed businesses and I’m foodie membership card holders agree and acknowledge that I'M FOODIE is not responsible for any liability arising out at the time of members visits.
I'M FOODIE does not offer any refunds against the I’M FOODIE membership card fee.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
I’M FOODIE membership card holders agrees that the services shall be availed during the working hours of the relevant businesses.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular listed businesses and I’m foodie membership card holders who caused you harm and vice versa and you agree not to attempt to impose liability on, or seek any legal remedy from I’m foodie with respect to such actions or omissions.
Eligibility to use the Wine Shop category in the Platform: By accessing the Wine Shop category in the Platform, the Buyer represents that he/she is of legal drinking age in I’m Foodie Member’s state of domicile and/ or where he/she is accessing the Platform and has not been previously suspended or prohibited from accessing or otherwise availing the Services of the Platform.
The listed businesses will provide services as per your sole instructions. I'M FOODIE does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such services to be provided by the listed businesses and I’m foodie membership card holders.
I'M FOODIE - User Terms & Conditions for I'M FOODIE DineOut Services
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.
In addition, when you access or use the Platform, its content, features, and services for making payments and availing Offers (as defined below) as part of the I'M FOODIE DineOut Services provided by I'M FOODIE on its Platform (the DineOut Services), you will be subject to terms, guidelines and conditions applicable to DineOut Services. (T&C)
In this T&C, I'M FOODIE, we "us" or "our" mean the Novabion Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at No.55, Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru – 560103, Karnataka, India, that is providing the DineOut Services to you, and with whom you are entering into this agreement. For the purpose of this T&C, wherever the context so requires, "you" or User shall mean any natural or legal person who is offered by I'M FOODIE to avail its I'M FOODIE DineOut Services on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems.
By accessing or using the DineOut Services or by clicking accept or agree to this T&C, (1) you acknowledge that you have read, understand, and agree to be bound by this T&C, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the DineOut Services (including, if applicable, purchasing, giving, using, or redeeming any offers provided by I'M FOODIE, which may include but not limited to any offers such as cash back, discount, free meal or beverage or sweet or gift, as per the discretion of I'M FOODIE and its onboarded restaurants partners. (Offers)
I'M FOODIE may update, amend or revise this T&C (including any I'M FOODIE Policies) from time to time. You agree that you will review this T&C and other I'M FOODIE Policies periodically. You are free to decide whether or not to accept a modified version of this T&C and other I'M FOODIE Policies, but accepting this T&C and other I'M FOODIE Policies, as modified, is required for you to continue using the DineOut Services. You may have to click accept or agree to show your acceptance of any modified version of this T&C. If you do not agree to the terms of this T&C or any modified version of this T&C, you must either not use such DineOut Services or terminate your use of the DineOut Services, in which case you will no longer have access to DineOut Services. Except as otherwise expressly stated by I'M FOODIE, any use of the DineOut Services or availing of certain Offers provided by I'M FOODIE or the onboarded restaurants partners is subject to the version of the T&C in effect at the time of use.
I'M FOODIE DineOut Services
Under the I'M FOODIE DineOut Services, it allows its Users to avail certain Offers/benefits from authorised restaurants onboarded by I'M FOODIE on its Platform ("Restaurants"). Such Offers can be availed by the User at the time of making payment though the Platform. Payment may be made through the Platform and the User would be required to confirm with the restaurant that the payment has been cleared.
Upon Users availing the DineOut Services, whether or not as a subscribed member of I'M FOODIE, You will be entitled to avail discounts and Offers on the Invoiced Amount (as defined below) as determined by I'M FOODIE and/or the Restaurant and you shall pay the Invoiced Amount via the Platform as further detailed under Clause 4 (Payment), in accordance with these T&C and other I'M FOODIE Policies. For the purpose of this T&C, Invoiced Amount shall mean the total amount set out in the bill/invoice raised by the Restaurants for food and beverages ordered by the User at the Restaurants, and shall include applicable taxes, service charge and other charges as may be applicable. Any discounts applied shall be on the final Invoice Amount.
The User shall be permitted to access DineOut Service across different devices using their respective I'M FOODIE account credentials (i.e. username & password).
The Offers or benefits shall be extended only if the User makes payment towards the Invoiced Amount (as defined below) raised by the Restaurants for food and beverages ordered by the User at the Restaurants via the I'M FOODIE Platform.
I'M FOODIE at its own discretion may impose certain conditional limits on the number of times such Offer or benefits can be availed in a day by such User.
I'M FOODIE will provide DineOut Services to the members through its Platform for the purpose of assisting and offering our member in making payments and availing discounts and/or other Offers/benefits (as applicable) at authorised third-party Restaurant(s), as duly onboarded by I'M FOODIE.
I'M FOODIE members with DineOut Services will be entitled to avail Offers and benefits on the Invoiced Amount (on food only / on food & bavergaes, as determined by I'M FOODIE and/or the Restaurant and you shall pay the Invoiced Amount via the Platform in accordance with these T&C and other I'M FOODIE Policies.
We do not however guarantee and are not responsible for the performance of the Restaurant (including their personnel or third party at their premises), the dining services, quality of food or beverage, which are the sole responsibility and are to be provided and/or otherwise performed by the Restaurant. We are therefore not responsible for the service, eligibility, or termination of the Restaurant. As provided above in these T&C, we may also terminate your use of the DineOut Services and/or your Account upon your committing fraud of any kind with regards to your obligation to pay I'M FOODIE or the Restaurant in full for services rendered.
We reserve the right to at any time without notice, change the terms applicable to DineOut Services, including the value, validity, expiration period, and/or your ability to redeem existing Offers or benefits.
Offers are applicable for DineOut only and take away (Parcel charges shall be charged extra).
Prices may vary from regular menu on special holidays. Please contact the Restaurant directly to confirm menu on special holidays.
Liability Limitation: Notwithstanding anything otherwise set out herein, I'M FOODIE shall in no manner be liable in any way for any in-person interactions with the Restaurant as a result of the User's experience at the Restaurant I'M FOODIE is only acting as a payment gateway platform and shall not be liable for any acts or omissions on part of the Restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the User.
Contact Us: You may write to us at - firstname.lastname@example.org, for any further queries with regard to the DineOut Services.
Offers & benefits.
Depending on your city or place of residence, you may be able to avail only certain Offers provided by listed Restaurants with I'M FOODIE and the relevant Restaurant, provided that, the I’M FOODIE Members strictly complies with all the terms and conditions of I'M FOODIE 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 I'M FOODIE from time to time, I'M FOODIE 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.
I'M FOODIE 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 I'M FOODIE and/or the Restaurant at the time of your visit cannot be exchanged for cash, may be or may not valid on take away; can only be availed in the selected city or authorised Restaurants and can only be availed by I’M FOODIE Members.
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.
I’M FOODIE Member 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
Technical Requirements. Use of 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 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. I'M FOODIE does not guarantee that the all services will be compatible with all devices or will be supported by all mobile carriers.
Modifications of all services. I'M FOODIE reserves the right, in its sole discretion, to modify any services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of all services or these T&C or Restaurant / Resorts / Homestays / Lodges. I'M FOODIE 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 all services. Continued use of the all 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 members. The features, information, and materials provided and depicted through all services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through all services (collectively, the I'M FOODIE Content) are provided to User by I'M FOODIE or its partners or licensors solely to support I’M FOODIE Member's permitted use all services. The I'M FOODIE Content in the Platform or services or these T&C may be modified from time to time by I'M FOODIE 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 I'M FOODIE Content by User shall constitute a material breach of this T&C. I'M FOODIE and its partners (including Restaurants) or licensors retain all rights in the DineOut Services and I'M FOODIE 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 I'M FOODIE or any third party is granted under this T&C.
Applicability of other I'M FOODIE Policies: You hereby agree that at all times, this T&C shall be read in conjunction with the other terms and conditions of the I'M FOODIE Policies.
Termination. I'M FOODIE may suspend your ability to use all or any element of the services or may terminate this agreement effective immediately, without notice or explanation. Without limiting the foregoing, I'M FOODIE may suspend your access to the services if we believe you to be in violation of any part of this T&C (including any I'M FOODIE Policies). After any suspension or termination, you may or may not be granted permission to use the services or re-establish an Account. You agree that I'M FOODIE 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 services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which I'M FOODIE will have no liability whatsoever.
Liability Limitations. Except as expressly specified herein, in no event shall I'M FOODIE 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 I'M FOODIE platform, dineout services, the I'M FOODIE 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 I'M FOODIE 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 I'M FOODIE content. I'M FOODIE 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 I'M FOODIE 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 I'M FOODIE services.
These T&C are co-extensive and concurrent with other I'M FOODIE Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore shall also be applicable to this I'M FOODIE services and the same need not be expressly repeated herein.
You and I'M FOODIE 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 I'M FOODIE would be unable to make the 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 services is at your own risk and I'M FOODIE cannot guarantee that the services will be uninterrupted or error-free. The services, all I'M FOODIE content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an as is basis and without warranty of any kind. I'M FOODIE 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. I'M FOODIE does not warrant that your use of the services will be uninterrupted or error-free, that I'M FOODIE will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. I'M FOODIE 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 I'M FOODIE.
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.
Applicable Law & Dispute Resolutions: These T&C shall be governed in accordance with the laws of India. All disputes related to the services or I'M FOODIE services will be subject to the exclusive jurisdiction of courts of Bangalore only.
Third-Party Websites, Applications and Services. The services may contain hypertext links to websites and applications operated by parties (including the onboarded listed businesses) other than I'M FOODIE. Such hypertext links are provided for I'M FOODIE Member's reference only, and I'M FOODIE does not control such websites and is not responsible for their content. I'M FOODIE's inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. I'M FOODIE assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
Release. Listed businesses are solely responsible for their interactions with I'M FOODIE Members and any and all claims, injuries, illnesses, damages, liabilities, and costs (Claims) suffered by member or member’s companion as a result of your (or such recipient's) interaction with or visit to any listed businesses or from any promotion, offer, product or service of any listed businesses. I'M FOODIE Members must resolve all disputes directly with listed businesses owner / authorized person / management. To the maximum extent permitted by applicable law, I'M FOODIE Members hereby release I'M FOODIE from any and all such Claims.
Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by I'M FOODIE Members, but may be freely transferred, assigned, or delegated by I'M FOODIE.
Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
As we are providing services in the select places in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside. If you choose to access or use the Platform from or in locations outside, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to I'M FOODIE to receive promotional SMS and e-mails from I'M FOODIE or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to email@example.com.
By using the Platform, you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact firstname.lastname@example.org.
You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
You will not discriminate against any Listed Businesses, I’M FOODIE Members based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.
You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party, you release and fully indemnify I'M FOODIE and/or management and/or its staff and/or parent company any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, I'M FOODIE cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Access to the Platform, Accuracy and security
We endeavour to make the Services available during listed businesses working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
Relationship with operators if the Platform is accessed on mobile devices: In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
The platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / listed businesses’s services.
I'M FOODIE disclaims and all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the listed businesses.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or listed businesses accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
You recognize that I'M FOODIE is the registered owner of the word mark ‘I'M FOODIE’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or I'M FOODIE’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at email@example.com with all relevant information.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
Treatment of information provided by you
Third Party Content
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing law and dispute resolution
IP Notice and Take Down Policy
I'M FOODIE has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
Note: I'M FOODIE does not and cannot verify that listed businesses have the right or ability to sell or distribute their listed products or services. However, I'M FOODIE is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to I'M FOODIE.
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Novabion Private Limited
Reg Office: Sangama Sadhana, Near Khadi Kendra, Chitradurga
Phone: + 91 - 8978 435 701
Time: Monday - Friday (9:00 - 18:00)
I'M FOODIE Membership Program Specific Terms
Effective from 31th October 2023
These are the terms and conditions ("Terms") for I'M FOODIE membership program and offered by I'M FOODIE to its Users on the Platform. These Terms shall govern your use of our service offered under I'M FOODIE Membership Program. Please read these Terms carefully before you subscribe to the I'M FOODIE Program. These Terms are subject to modifications, to comply with a legal requirement. You have the following options under the I'M FOODIE membership program and you can choose from these options at your sole discretion basis the suitability.
The distances from the restaurant location to the customer's location shall be captured as per Google Map driving directions data at the time of placing the Order. I'M FOODIE shall not be held responsible or liable for the accuracy or efficacy of such data.
I'M FOODIE benefits are available to orders above a certain amount. Please check FAQs for more details.
Additional discounts specific to the I'M FOODIE Programme will be applicable on the discounted values of the food items post application of any generally available coupons on the Platform.
With I'M FOODIE members will get a minimum discount of 10% on the bill (on food / on both food & beverages) in listed businesses.
Subscription Fee, Payment and Activation:
I'M FOODIE shall charge and You agree to pay membership fee of Rs. 499/- for a period of 2 years from the date of enrolment. You can use any third-party payment options to pay and get enrolled to the I'M FOODIE Membership. However, Cash is not accepted on the I'M FOODIE Platform. You can access the detailed FAQs in the Help Section.
No Cancellation or Termination:
I'M FOODIE membership once purchased, can be cancelled or Terminated in the effective period of the membership in case of violation in I’M FOODY Terms & Conditions.
Modification/ Cancellation of membership by I'M FOODIE
General Terms & Conditions:
We reserve the right to accept or refuse membership in our sole discretion.
We reserve the right to listing of businesses in our sole discretion.
We may send you an email, or other communication related to I'M FOODIE Membership (regardless of any settings or preferences related to your I'M FOODIE account).
You may not transfer or assign your I'M FOODIE Membership or any I'M FOODIE benefits, except as allowed in these Terms.
From time to time, we may choose in our sole discretion to add or remove I'M FOODIE Membership benefits.
I'M FOODIE reserves the right to offer this I'M FOODIE Membership in select cities and on select restaurants, at its sole discretion.
I'M FOODIE Membership feature is available both on the App and website.
I'M FOODIE membership can be used only on 1 device at a time. I'M FOODIE membership is priced for individual and personal usage. Having a 1 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 I'M FOODIE.
Holders of I'M FOODIE membership can also avail additional benefits in the form of coupons, which can be redeemed by you at specified car service centres / salons / other business segments provided by us on the Platform. The following are the terms and conditions governing the same:
I'M FOODIE members will be eligible to receive FREE / DISCOUNT service coupons, minimum worth of INR 500 as complementary.
These coupons will be valid for 2 months from the date of enrolment
Once the I'M FOODIE membership expires, the member shall renew the membership by paying applicable fee. The same will be resumed once You renew Your I'M FOODIE membership.
Limitation of Liability
In addition to other limitations and exclusions in I'M FOODIE's conditions of use and sale, in no event will we or our directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to I'M FOODIE. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership 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 I'M FOODIE membership.
All disputes related to this I'M FOODIE Membership will be subject to the exclusive jurisdiction of courts of Chitradurga only.
Notice and Take Down Policy Template and Procedures
Reporting Instances of Intellectual Property Violations: To file a notice of infringement with I'M FOODIE, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit I'M FOODIE to locate the material;
Information reasonably sufficient to permit I'M FOODIE to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
Sign the document with either your physical or electronic signature by clicking “I Agree” in the application form
Communicate with us: Email to - firstname.lastname@example.org
Format of notice of infringement:
I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.
(Important Note: (a) I'M FOODIE shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) I'M FOODIE shall not consider an incomplete request. © I'M FOODIE's response to such request will include removing or disabling access to material claimed to be the subject of infringing activity.