“User” refers to you, as a user of Diner Services, who accesses or uses our Diner services by means of Mobile Application/ Website or any other platform provided by the Myma platform for the purpose of ordering food for self or on behalf of others and using all the services provided by the Myma platform.
ACCEPTANCE OF TERMS
Thank you for using the Myma platform. These Terms and conditions (the "Terms & Conditions") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Myma platform and/or website at www.mymameals.com and any related mobile application or software.
Please read these Terms carefully. By accessing or using the Myma platform Services, you are agreeing to these “terms and conditions” and are entering into a legally binding contract with the Myma platform Services. Any person who accesses this Myma platform Service is presumed to be legally capable of entering into a legal binding contract and has understood and voluntarily accepted the Terms. You may not use the services if you do not accept the Terms or are unable to be bound by the Terms & Conditions.
In order to access certain features of the Site and to book a meal or register yourself as a Diner, you must register to create an account (“Myma Platform Account”) by accepting the Terms and Conditions to become a User or a Myma. You may register to join the Services directly via the Site or Mobile Application.
In order to register as a Myma, you must create an account (‘Myma Account’) by accepting the Terms and Conditions and comply with the guidelines to become a registered Myma. You may register to join the Services directly via the Site or Mobile Application. It is mandatory for a Myma to have complied with FSSAI Registration at the time of registration. A Myma will have to pay Rs.499/- (Exclusive of GST) non-refundable registration charges to the Myma platform. Myma can cancel her registration from Myma Platform any time by informing Myma Platform via email, in that case joining / registration fees cannot be refunded or transfered.
RULE OF CONDUCT
The Myma platform shall facilitate the user to order Food online from Myma by using the Myma platform App Service and/or Website. You acknowledge and agree that you have complete responsibility for all information, pictures and material that you add while using the Myma platform App and/or Website. The User’s discretion is required while using the Myma platform Service.
The Myma platform Service shall be used solely for User’s exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. The User’s Use of the Myma platform Service is subject to all applicable local, state, national laws, tax and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse translate, publish, disclose, display or make available, or in any other manner, decode the Myma platform App and/or the Website.
OUR SERVICES AND USAGE
We are a Platform aggregator providing you with an online platform to order food from our list of Myma empaneled food business operators (FBOs) available on the Myma Platform. Our responsibilities are limited to: (i) facilitating the availability of services; and (ii) serving you, the user, as a limited agent of each Myma (FBO) for the purpose of accepting payment from you for your online order and assisting in delivering the same. Goods and services purchased from the Myma Platform is for your personal use only and you agree that the same are not for resale or you are not acting as an agent for the parties. Myma Meals Pvt. Ltd. does not take any responsibility or warranty of the item-specifics (legal title, creditworthiness, identity, etc.) of any Myma FBO/Customer. You are advised to use your best judgment on that behalf. We serve as a link between you and the Myma (FBO) and thereby do not take any additional responsibility whatsoever that does not fall into our business process.
You agree that any contract for the Food ordered through the use of Myma platform App and/or Website is between You, Diner, and the Myma; any contract for the supply of Myma platform Service from the Myma platform App and/or Website is between You and Myma. You agree to take reasonable care while providing with your details and warrant that these details are accurate and complete at the time of using the service. You also warrant that the credit or debit card details that you provide are your own credit or debit card and/or that you are authorized to use the card(s).
Where Food offered by the Myma platform Service is ordered, Myma platform will confirm the availability of your order together with the confirmation of your order or separately through the Myma Service. The confirmation message from the Myma platform Service will specify the details of the order including the price of the Food, mode of Payment and other details of the order.
“User” understands that some type of Food may be suitable for Users within certain age ranges only. It is your sole responsibility to check whether the Food you are ordering is suitable for the intended recipient.
The user of the Myma platform app while ordering food shall make sure that the food ordered by him/her does not contain any allergens or any allergy-causing ingredient specific to him (ex: nuts or lactose intolerance). The OWNER (Myma platform) of the app shall not be responsible for the food ordered by the user of the app when the user has not taken precaution in specifying his allergy/allergen while placing his order. The customer shall take utmost care in placing the order and shall contact the “Myma” regarding the menu item he intends to order and its ingredients and shall make sure nothing in the menu item shall act as an allergen to the consumer. The “OWNER i.e. platform” of the app shall at no point of time be held responsible for any allergic reaction caused to the consumer. It is the sole responsibility of the user to check for such information in the website and place orders accordingly.
Customization, Cancellation or Ad-hoc request for food delivery will not be processed for any particular day after the cut-off time decided by Myma. It is the sole responsibility of the user to check for such information in the website and place orders accordingly. Myma reserves the right to alter the cut-off time and such modified cut-off time will be immediately applicable therefrom.
Whereas all orders placed through use of Myma platform App and/or Website will be subject to the individual contracts between the Diner, Myma and the Myma platform Service.
PRICES AND PAYMENT
All prices listed on the Myma App and/or Website for Food is correct at the time of publication. While Myma takes great care to keep them up to date, Myma reserves the right to alter the menu of Food available for sale on the Myma App and/or Website, the price of Food and Food Delivery options, if any.
The user agrees that in case of change in price, Myma or its employees will not be liable to him in any manner.
The total price for Food/meal including all other charges, taxes, costs, if any, will be displayed on the Myma platform App and/or Website when you place your order.
The Myma platform will make weekly payment to the Myma, for all the orders successfully completed by Myma.
Myma will have to pay 2.5% amount of each order to Myma platform toward Payment Gateway and service charges.
Myma platform will also provide different subscription plans for the Myma’s.
PICK- UP & DELIVERY
Delivery period quoted at the time of ordering is an approximate and may vary. Food will be delivered to the address as intimated by you while ordering. Myma will take reasonable care to deliver your food package in a timely manner. No responsibility is taken for late delivery by Myma. In case of late delivery, the delivery charge will neither be voided nor refunded by Myma. All risk in the Food and Food Delivery shall pass to you upon delivery. If you fail to accept delivery of Food, at the specified time or the Myma FBO is unable to deliver at the specified time due to your failure in providing appropriate instructions or authorizations, then the order shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage and other costs which Myma incurs as a result and consequence of the inability to deliver shall be yours to bear and you shall indemnify Myma in full for such cost. You must ensure that at the time of delivery of food adequate arrangements, including access where necessary, are in place for the safe delivery of the Food. Myma cannot be held liable for any damage, cost or expense incurred to such Food or other delivery as a result of a failure to provide adequate access or arrangements for delivery. It might not be possible for a Myma FBO to deliver to some locations. In such cases, the Myma FBO or Myma will inform you accordingly and arrange for cancellation of the order or deliver to any alternative delivery address or for you to pick up the food order yourself or make arrangements for the same. In preparing your order, Myma aims:
1. to allow you to pick the order yourself from the Myma FBO’s location
2. to deliver the Food at the place of delivery requested by you in your order;
3. to deliver within the time confirmed by the Myma FBO;
4. to inform you if the Myma FBO expects that she will be unable to meet the estimated delivery time.
You understand and accept that Myma Meals Pvt. Ltd. is an organization that links the Myma FBOs and you (the Diner) and does not take any responsibility that does not comply with our business.
If you opt for a self pick up mode of delivery from a Myma FBO, you will have to reach the specified location at the time that has been stated after you receive the confirmation from the Myma FBO that your meal is ready to be picked up. You understand and agree that the responsibility in case of occurrence of unforeseen incidents like theft, physical harassment, abuse, or any other unfortunate incident, from either parties (Myma FBO and the User) will lie completely on both the parties. The Myma platform does not take any responsibility in case of such occurrences.
CANCELLATION OF ORDER
You/user/Diner must notify the home cook immediately if you wish to cancel your order, preferably through the Myma platform App and quote your order number. If Myma accepts your cancellation, no cancellation fee will be payable. If Myma declines cancellation of the order, the Food Order may not be cancelled.
If the order is cancelled by the Myma, the Diner will get full refund of the total bill value with additional flat 20% discount on his next order.
Myma will refund or re-credit your debit or credit card or net banking account with the full amount within 5-7 working days, if cancellation was done within the specified terms and conditions.
PERSONAL INFORMATION AND PRIVACY
The user understands and acknowledges that by choosing Myma you have allowed Myma to use your personal information.
The user understands, acknowledges and agrees that although Myma provides appropriate firewalls and protections, the Myma Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Myma is required to disclose your personal information in order to assist the Government Authority or in adherence to a Court Order or to protect the interest of the Myma Service and/or any particular user(s), Myma will disclose it without obtaining prior permission from you. You, thus, in such circumstances have authorized us to disclose your personal information.
OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property rights of the Myma, including but not limited to copyright, logos, names, trademarks, service marks, design, text, sound recordings, images, links, concepts and themes are exclusively owned by Myma. Any reproduction, transmission, publication, performance, broadcast, alteration, license, hyperlink, creation of derivative works or other use in whole or in part in any manner is strictly prohibited.
All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration between the parties. All legal conflicts and matters will have to be submitted in the court of law falling under the Jurisdiction of Pune, Maharashtra, India.
Myma takes complaints very seriously and aims to respond to your complaint as soon as possible. All complaints are to be addressed to [email protected]
IF YOU DO NOT ACCEPT AND ABIDE BY THESE TERMS, PLEASE DO NOT USE THE MYMA PLATFORM.