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TERMSAND CONDITIONS OF USE
Welcome to thookuchatti.com websiteand our applications (each our "Service"). This page (together withthe documents referred to on it) tells you the terms and conditions on whichour partner restaurants supply any of their meals (the “Meals") listed onour site to you. Please read these terms and conditions carefully beforeordering any Meals from our site. By accessing our site and placing an orderyou agreed to be bound by these terms and conditions and our terms of usepolicy.
If you have any questions relatingto these terms and conditions please contact info@Thookuchatti.com before you placesan order. If you do not accept these terms and conditions in full please do notuse our Service.
1. INFORMATIONABOUT US
Thookuchatti.comis a website operated by Ahsansolutions est ("we" or "us"or "Thookuchatti"), incorporated and registered in the State of PondicherryIndia, whose registered office is at 73A/75A, Church Street, Karaikal - 609602,Pondicherry, India, Thookuchatti is a business where thefood is prepared by independent restaurants (our "PartnerRestaurants") and delivered by us.
2. PURPOSE
The purpose ofour Service is to provide a simple and convenient service to you, linking youto the Partner Restaurant and menu of their choice and allowing you to orderMeals from them. Thookuchatti markets Meals on behalf of our PartnerRestaurants, concludes orders on their behalf and delivers the Meals to you.
3. SERVICEAVAILABILITY
Thookuchattioffers an ordering and delivery service from our Partner Restaurants throughoutPondicherry India. Each Partner Restaurant has a prescribed delivery area. Thisis to ensure that their Meals reach your door when they are at their best. Ifyou live outside the delivery areas, a message will appear on screen notifyingyou that ordering online will not be possible. We do not accept orders fromindividuals to an area in which we do not have a Partner Restaurant. Operatinghours will vary depending on local trading conditions and the availability ofour Partner Restaurants. Please click on the relevant link to view the menus onour Service, and then click on your chosen menu which will provide you with theoption to submit your order to your chosen Partner Restaurant.
4. ORDERS
When you placean order through our Service, an email thanking you for your order andconfirming your order has been received and accepted by the Partner Restaurant(the "Confirmation Email") will be sent to you by us on behalf of thePartner Restaurant. The contract for the supply of any Meal you order throughus will be between you and the Partner Restaurant and will only be formed whenyou have been sent the Confirmation Email by us. Please ensure that you havegiven us a correct email address as this is how we will communicate with youabout your Order. Please also ensure that you provide an accurate address andtelephone number to ensure that your Meals arrive to the correct location. Ifyou do not open the door or respond to telephonic correspondence within 5minutes of our delivery drivers physically reaching your address, we reservethe right to leave the premises, and you will be charged for the Meal. Thookuchattiseeks to provide a quality service and will be the first contact in event inthere is a problem with your Meal either in regards to food quality and/or temperature.We do monitor our Partner Restaurants very closely and it is of utmostimportance to us that they comply with our standards and help us to maintainour reputation. Please let us know if you have any comments relating to ourPartner Restaurants or in respect of the Meals by emailing or calling us.
5. MEALS
All Meals aresubject to availability. Your Partner Restaurant may offer an alternative forany Meal it cannot provide you with. Our Partner Restaurants may use nuts inthe preparation of certain Meals. Please call our Partner Restaurant prior toordering if you have an allergy. Thookuchatti cannot guarantee that any of theMeals sold by our Partner Restaurants are free of allergens.
6. AVAILABILITYAND DELIVERY
Our aim is toprovide the best delivery service possible. Unfortunately things do not alwaysgo to plan and factors, such as traffic conditions and weather, mayoccasionally prevent us from achieving our targets in this regard. We will doour best to ensure that your Meal is delivered by the time specified in theemail and webpage. The timing of your order is determined by taking intoaccount the number of orders and the circumstances being faced by the PartnerRestaurant at that time. Delivery time that is showing in the restaurants logointerface as AVG 47 min for example, it means the average time, it is not afixed time for the delivery, it would be more or less depends on restaurantsand the roads conditions. On the other hand, the expected delivery time is notfixed time it can be less or more for 15 minutes.
7. CANCELLATION
You have theright to cancel an order within a reasonable time and before the order become aStarted Order. A Partner Restaurant will classify a bad order as any orderwhich is cancelled after food has been used to start preparing the order (a"Started Order"). Customers can cancel an order by contacting thePartner Restaurant. Thookuchatti and the Partner Restaurant may cancel anyorder and will tell you once we cancel an order and will tell you the reason ofcancellation. You will not be charged for any orders cancelled in accordancewith this clause. Any payment made prior to an order being cancelled by Thookuchattior a Partner Restaurant will usually be reimbursed using the same method youused to pay for your order and if the payment was not cash the refund will bewithin Seven working days. Any order cancelled after it becomes a Started Orderwill be charged to you. Thookuchatti alone will determine whether an order is aStarted Order or not.
8. PRICEAND PAYMENT
The price ofany Meals will be listed on our Service. Prices will vary between menus. Pricesare liable to change at any time, but changes will not affect orders in respectof which you have been presented with the Confirmation Email, save in the caseof an obvious pricing mistake, whereby we will notify you as soon as we canabout the pricing issue. You may be able to cancel your order once we notifyyou. Despite our best efforts, some of the Meals listed on our Service may beincorrectly priced. The relevant Partner Restaurant will normally verify pricesas part of the order process. Payment for all Meals can be made by cash ondelivery or credit or debit card through our Service. Once your order has beenconfirmed your credit or debit card will have been authorized and the amount markedfor payment. Payment is made directly to Thookuchatti and is subsequentlypassed on by Thookuchatti to the Partner Restaurant. We are authorized by ourPartner Restaurants to accept payment on their behalf and payment of the priceof any Meals to us will discharge your obligations to pay such price to thePartner Restaurant.
9. COUPONS
o Allcoupons are one-time use only.
o Applicablefor All restaurants (unless otherwise stated)
o Couponamount does not include delivery charge (unless otherwise stated)
o Notredeemable for cash or credit.
o Cancelledorders paid with coupons cannot be redeemed for credit or cash
o Cancelledorders paid with coupons cannot be redeemed for credit or cash
o Onlyone code can be used per order.
o Minimumorder for free delivery coupon is 100Rupees.
o Couponvalidity is limited and differs for each coupon.
o Couponcodes cannot be redeemed against sale items.
o Ifa user did not redeem full amount of the coupon, same coupon cannot be usedagain to redeem remaining amount.
o Thookuchattireserves the right to cancel or modify any order, or revoke the use of Couponsfor any reason, including due to: Suspicious or fraudulent purchasing activityor coupon use; coupon abuse, including the use of multiple accounts or multiplecheckouts associated with the same customer or group of customers; or couponused in bad faith (including resold Vouchers )
10. OURLIABILITY
To the extentpermitted by law, Thookuchatti provides our Service and content on an"as-is" and "as available" basis and we make norepresentation or warranty of any kind, express or implied, regarding thecontent or availability of our Service, or that it will be timely or error-freeor that defects will be corrected. Subject as provided below, neither Thookuchattinor any Partner Restaurant shall have any liability to you for any direct,indirect, special or consequential losses or damages arising in contract, tort(including negligence) or otherwise arising from your use of or your inabilityto use our Service. In the event that Thookuchatti or the Partner Restaurant isfound to be liable to you our total aggregate liability is limited to thepurchase price of the Meals you have paid for in your order. This does notinclude or limit in any way Thookuchatti’s or any Partner Restaurant'sliability for any matter for which it would be illegal for us or it to exclude,or attempt to exclude, our or its liability, including liability for death orpersonal injury caused by negligence or for fraud or fraudulentmisrepresentation.
11. EVENTSOUTSIDE OUR CONTROL
No party shallbe liable to the other for any delay or non-performance of its obligationsunder this Agreement arising from any cause beyond its control including,without limitation, any of the following: act of God, governmental act, war,fire, flood, explosion or civil commotion. For the avoidance of doubt, nothingin clause 10 shall excuse the Customer from any payment obligations under thisAgreement.
12. WAIVER
Neither you, Thookuchattinor the Partner Restaurant shall be responsible to the others for any delay ornon-performance of its obligations under this agreement arising from any causebeyond its control including, without limitation, any of the following: act ofGod, governmental act, war, fire, flood, explosion or civil commotion.
13. SEVERABILITY
If anyprovision of this agreement is judged to be illegal or unenforceable, thecontinuation in full force and effect of the remainder of the provisions shallnot be prejudiced.
14. ENTIREAGREEMENT
These termscontain the whole agreement between the parties relating to its subject matterand supersede all prior agreements, arrangements and understandings between theparties relating to that subject matter.
15. OURRIGHT TO VARY THESE TERMS AND CONDITIONS
Thookuchattimay revise these terms of use at any time by amending this page. You are expectedto check this page from time to time to take notice of any changes we make, asthey are binding on you.
16. LAWAND JURISDICTION
The PondicherryIndia courts will have jurisdiction over any claim arising from, or related to,any use of our Services. These terms of use and any dispute or claim arisingout of or in connection with them or their subject matter or formation(including non-contractual disputes or claims) shall be governed by andconstrued in accordance with the law of Pondicherry India