BIG BITES TERMS OF SERVICE
Big Bites (“The firm”, “we”, “us” and “our”) is a proprietary concern having its registered office at K C Mathewsons, TC 23/1140, CIT Road, Killipalam, Trivandrum, Kerala, India. Pin Code - 695002. The terms “you” and “your” refers to the user of the services offered by Big Bites. These Terms of Service apply to your use of our website located at www.bigbites.in, or the Big Bites mobile applications (IOS and Android), collectively called “Big Bites Platform”, “The Platform” made available by Big Bites.
The Platform is owned and operated by Big Bites. We enable transactions involved in the provision of Online Food Ordering, Food Delivery Services and Auto-Rickshaw hire services through a network of Independent third party Auto-Rickshaw Drivers and Independent third party Food Delivery Operators. These are collectively referred to as the “Services”. We provide these services to any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user, using any form of computer systems.
These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Trivandrum, Kerala, India.
If any of these Terms of Service should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Service are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.
CHANGES TO THE BIG BITES TERMS OF SERVICE
Users are eligible to use the Services and create an Account on the Big Bites Platform only when attaining at least 18 years of age and are competent to enter into a contract under Applicable Laws.
Users must ensure that the Registration Data provided is accurate, complete, current, valid and true and kept updated. We shall bear no liability for false, incomplete, incorrect or old Registration Data provided by You.
Users are solely responsible for maintaining the confidentiality of their Registration Data and will be liable for all activities and transactions that occur through their Account, whether initiated by them or any third party. You cannot be transfer, assign or sell your Account to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
Big Bites reserves the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason we may find just or equitable. We will not be liable for any unauthorised transactions made through Your Account and shall not have any liability in case of Force Majeure Event. You agree to promptly inform Big Bites on any change in the registration information provided by You.
USE OF THE BIG BITES PLATFORM AND SERVICES
The Big Bites Platform permits you to avail the transportation services offered by Independent Third Party Auto-Rickshaw Drivers, Order food online and avail delivery services from listed Restaurants through Independent Third Party Auto-Rickshaw Drivers or Independent Third Party Delivery Service Providers.
All commercial / contractual terms are offered by and agreed to between you (The Buyer) and Restaurants / Merchants. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery. 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 in that behalf.
Independent Third Party Auto-Rickshaw Drivers have sole and complete discretion to accept or reject each Trip / Delivery request. An acceptance of a request made by you on the Big Bites Platform will be notified to you along with the required information needed for completing the trip. This includes Driver name, Vehicle registration number, telephone contact details of the Driver and such other details as Big Bites may determine.
Restaurants / Merchants and Independent Third Party Delivery Service Providers have sole and complete discretion to accept or reject each online food order placed. An acceptance of an order made by you on the Big Bites Platform will be notified to you along with the required information needed for completing the trip. This includes Delivery Details such as Driver name, Vehicle registration number, telephone contact details of the Driver and such other details as Big Bites may determine.
Big Bites is not responsible for any non-performance or breach of any contract entered into between Buyers and Restaurants / Merchants on the Platform. Big Bites cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Big Bites 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.
Big Bites does not make any representation or warranty as to the quality, value, or sale worthiness of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Big Bites does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Big Bites does not accept any liability for any errors or omissions, whether on behalf of itself or third parties.
Big Bites is an aggregator for booking Auto-Rickshaw trips and an online marketplace that facilitates the sale of food and delivery services between Buyers and Merchants on its Platform. The Big Bites Platform Services shall be provided by us only during the working hours of the relevant Merchants and the Independent Third Party Auto-Rickshaw Drivers.
At no point of time during any transaction between Buyer and Merchant on the Big Bites Platform does Big Bites take possession of any of the products or services offered by Merchant. Big Bites shall not have any liabilities in respect of such contract entered into between Buyer and Merchant.
In case of complaints from the Buyer pertaining to food quality, or any other such issues, the buyer is required to raise these issues directly with the Restaurant / Merchant. The Trip Service Provider shall be liable for redressing Buyer complaints directly. In the event a complaint is raised on the Big Bites Platform, we shall endeavour to assist you in reaching a resolution of the complaint but shall not bear any liability with respect to the complaint.
You are aware that when requesting Services, whether by message, via website or call centre of Big Bites, standard messaging charges, data charges, voice charges, as applicable, of both, Your and Our phone network service providers, will apply;
You agree to comply with all Applicable Laws and are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
You agree and permit Big Bites to share any information provided by you with third parties in order to facilitate provision of the Services and other value-added services offered by such third parties to you and/or to provide value-added services to you by Big Bites.
You hereby expressly consent to receive communications from Big Bites to you through your registered phone number and/or e-mail id and/or the Platform. You agree that you will not hold Big Bites responsible for any such communications received nor will any such communication amount to spam, unsolicited communication or a violation of your registration on the national do not call registry.
Big Bites shall be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by Big Bites jointly and/or severally with the parties in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
You shall not commercially exploit, reverse engineer, spam, hack, modify, design and build a competitive product or service, copy any ideas, features or functions, launch any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Big Bites Platform.
You shall not smoke and drink in the Auto-Rickshaws or misbehave with the Driver or distract the Driver or act in violation of Applicable Laws. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event you fail to pay the fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Big Bites.
In the event of breakdown of the vehicle used by the Independent Third Party Auto-Rickshaw Drivers or by Independent Third Party Delivery Service Providers, which is beyond repair, before completion of the Service, Big Bites will on a best effort basis and at its sole discretion attempt to arrange for a Substitute Vehicle, subject to its availability, for completion of the service. Big Bites bears no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
By using the Big Bites Platform, you further agree that:
You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will provide Big Bites with such information and documents which Big Bites may reasonably request;
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pornography, paedophilia, racism, bigotry, hatred or violence of any kind against any group or individual;
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which harasses or advocates harassment of another person;
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
You shall not make any negative or defamatory statements or comments about us or the brand name or domain name used by us including the name ‘Big Bites’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Big Bites or the Merchants listed on the platform or otherwise tarnish or dilute any Big Bites trademarks and/or goodwill associated with such trademarks, as may be owned or used by us.
You will not try to harm the Platform, Site or our network in any way whatsoever. You will not use the Service or Site for unlawful purposes. You will only use an authorized network to avail the Services. Big Bites reserves the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements.
BOOKING CONFIRMATION AND PAYMENT
The Big Bites Platform allows you to place a request for an Auto-Rickshaw Trip as well as food order bookings. We will, subject to the terms and conditions set out herein, enable your Auto-Rickshaw trip with Independent Third Party Auto-Rickshaw Drivers and / or the delivery of your food order to you.
Big Bites shall, upon receiving the booking request from you, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time, which shall be informed to you vide an SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time, pick up place, food delivery address, food order item details and if there is any incorrect details, it needs to be informed to us immediately by calling our call centre.
Big Bites does not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Service including, but not limited to, product availability and delivery location serviceability.
Upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
You understand that delivery time quoted to you when confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Big Bites reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and in such an event the provisions of the cancellation and refund policy below shall be applicable.
All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees. You can choose to pay for the Services offered by Big Bites by either Cash or by Credit or Debit Cards as may be available based on the policies of Big Bites, the Restaurants / Merchants and the Independent Third Party Auto-Rickshaw Drivers in the areas served.
Big Bites may charge a Pick-Up Fee for Auto-Rickshaw trips booked through the platform. The Pick-Up fee shall be determined by Big Bites and shall be informed to you before you begin the trip. Independent Third Party Auto-Rickshaw Drivers shall charge the fare to you for the ride offered to you by them
For confirmed food delivery orders, you agree to pay us for the total amount for the order placed by you on the Platform as applicable. We will collect the total amount in accordance with these Terms of Service and the pricing set forth in the menu listed for the Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
For confirmed food delivery orders, the final tax bill will be issued by the Merchant to the Buyer (you) along with the order and Big Bites is merely processing the order and collecting the payment on behalf of the Merchant through the Platform. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Big Bites holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
Upon your payment of amounts to us, which are due to the Merchant / Service Providers, your payment obligation to the Merchant / Service Providers for such amounts is completed. Once your confirmed booking transaction is complete you will receive a booking confirmation email.
Prices on any products or services as reflected on the Big Bites Platform may, due to some technical issue, typographical error or incorrect product information supplied by Merchant be incorrectly reflected and in such an event the Merchant may cancel your order.
The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Big Bites.
The transaction is bilateral between the Buyer and Merchant or between the Buyer and the Independent Third Party Auto-Rickshaw Driver as the case may be. Therefore, Big Bites is not liable to charge or deposit any taxes applicable on such transaction. Further, our liability ends once your order has been delivered to you.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same.
You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. You may be required to pay Cancellation Fees as detailed in the Big Bites Cancellation and Refund Policy.
ACCESS TO THE BIG BITES PLATFORM
Subject to Your compliance with these Terms of Service, Big Bites grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Big Bites Mobile Application (IOS or Android) on a single mobile device that you own or control and to run such copy of the Mobile Application solely for your own personal use and to use the website.
We endeavour to make the Platform available during Merchant 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.
INTELLECTUAL PROPERTY OWNERSHIP
Big Bites alone owns all rights, titles and interests, including all related intellectual property rights in the Platform, the Products and Services offered.
We are either the owner of intellectual property rights or have the non-exclusive rights to use the material published on the Platform.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of the Platform in breach of these Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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.
Big Bites shall not be responsible for any loss of communication or loss of information on the Platform. Big Bites will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You agree that Big Bites is merely an electronic platform to facilitate aggregation of Auto-Rickshaw Trip bookings, Online Food Ordering and Delivery Services and does not in any manner provide transportation services. Big Bites does not endorse, advertise, advise or recommend you to avail the Services of any Independent Third party Auto-Rickshaw Driver. Big Bites also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
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 / merchants services.
Big bites disclaims all liability that may arise due to any violation of the food safety and standards act, 2006 and applicable rules and regulations made thereunder and such liability shall be attributable to the merchant.
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 shall Big Bites be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if Big Bites has been advised of the possibility thereof.
In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will the aggregate liability of Big Bites arising out of or in connection with these Terms of Service or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of Rs. 500/- (Indian Rupees Five Hundred Only).
You and Big Bites agree that any cause of action arising out of or related to use of the Website or the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action will be permanently barred.
NOTICE OF COPYRIGHT INFRINGEMENT
Our policy is to comply with all applicable intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on the Big Bites Platform in a manner that constitutes copyright infringement, please provide a notice of copyright infringement to the Grievance Officer containing all of the following information:
•A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
•Identification of the copyrighted work claimed to have been infringed.
•Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
•The address, telephone number or e-mail address of the complaining party.
•A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
•A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Any queries or grievances regarding use of the Big Bites Platform, including all inquiries related and unrelated to copyright infringement, may be raised in writing with
The Grievance Officer
K C Mathewsons,
TC 23/1140, CIT Road,
Kerala, India. Pin Code - 695002.
Email – email@example.com