Terms & Conditions
Section 1: Introduction:
We are Eswipe, a brand of http://www.Eswipe.org under Eswipe International, unless otherwise stated.
Section 2: Definitions
2.3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Eswipe;
2.4. "we", "us", "our", and "Eswipe" are references to the Company;
2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website or App;
2.7. "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to accept Cashless Payment on Delivery.
2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility; and
2.9. "Website" is a reference to our Website http://www.Eswipe.org or our mobile applications on which we offer our Goods or Services.
Section 3: Information
3.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
3.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Section 4: Linked Sites:
There may be a number of links on our Website or App to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
Section 5: Complaints:
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to support@Eswipe.org.
Section 6: Limitation of Liability
6.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
6.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
6.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
6.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as an act of God or those of third parties.
6.6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
6.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
6.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Section 7: General
7.1. All prices are in Indian Rupees (INR). GST is included where indicated
7.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or nominate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
7.3. We may alter or vary the Terms and Conditions at any time without notice to you.
7.4. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
7.5. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
7.7. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
7.8. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
7.9. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
7.10. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Terms & Conditions
For Cashless Payment on Delivery (only):
Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
Section 1: Ordering, Delivery and Cancellation
1.1. For using only the “Cashless Payment on Delivery” Service, the ordering will take place directly between you and the Participating Restaurant. Eswipe is not involved in the Food Delivery, but only in the payment.
1.2. Once payment has been made by Eswipe, the customer cannot cancel the order. Hence, the customer must make sure the product is satisfactory before making payment by Eswipe. Any cancellation after that will have to be routed through the Participating Restaurant.
1.3. One payment has been made by Eswipe, customer cannot claim full or partial refund from Eswipe. Hence, the customer must make sure the product is satisfactory before making payment by Eswipe. Any refund after that will have to be routed through the Participating Restaurant.
Section 2: Prices and Payment
2.1. Any contract for the price of Food Delivery is between you and the Participating Restaurant.
2.2. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website or App when you are making your payment. In cases where the amount should be manually entered, you are responsible for entering the full amount of the Food Delivery, Goods or Services ordered in front of the delivery person for authentication purposes. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made by online payment, e.g. credit/debit card or iBanking, if using the Eswipe service.
2.3. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.