Welcome to Mista Eats!

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of our Website/App www.mistaeats.com (“Website/App”) and for the mobile application Mista Eats Fresh Food Delivery(“App”)

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits our platform, either just for the purpose of browsing the Website/App/App or engages to buy our products. The term “We”, “Us”, “Our” shall mean “MISTA FOODS LLP”.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using Our Website/App. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website/App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Website/App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website/App following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

1.1 By agreeing to these Terms of Service, You represent that you are at least 18 (Eighteen) years of age and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.2 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website/App through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – MODIFICATIONS TO THE SERVICE AND PRICES

2.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 3 – PRODUCTS OR SERVICES

3.1 Certain products or services may be available exclusively online through the Website/App. These products or services may have limited quantities and are subject to return or exchange only according to Our Return Policy. We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.

SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

4.1 We reserve the right to refuse any order You place with Us. We may, at Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store.

SECTION 5 – OPTIONAL TOOLS

5.1 We may provide You with access to third-party tools which are different payment gateways over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

5.2 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website/App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 – THIRD-PARTY LINKS

6.1 Certain content, products and services available via our Service may include materials from third- parties. Third-party links on this site may direct you to third-party Website/Apps that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Website/Apps, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Website/Apps

6.2 Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party.

SECTION 7 – PERSONAL INFORMATION

7.1 Your submission of personal information through the Website/App is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

8.1 Occasionally there may be information on Our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Website/App is inaccurate at any time without prior notice (including after You have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Website/App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website/App, should be taken to indicate that all information in the Service or on any related Website/App has been modified or updated.

SECTION 9 – PROPRIETARY RIGHTS

9.1 All materials on the Website/App, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Mista Eats. You acknowledge and agree that all Material on the Website/App is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Website/App, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without express written permission of Mista Eats. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the App or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

9.2 The Website/App may not be used in connection with any commercial purposes, except as specifically approved by Mista Eats.

SECTION 10 – PROHIBITED USE

10.1 In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website/App, other Website/Apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related Website/App, other Website/Apps, or the Internet. We reserve the right to terminate your use of the service or any related Website/App for violating any of the prohibited uses.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

11.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be

obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to You. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 12 – INDEMNIFICATION

12.1 You agree to indemnify, defend and hold harmless Us and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 – SEVERABILITY

13.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – GOVERNING LAW

14.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and shall be subject to the jurisdiction of the courts in Bangalore.

SECTION 15 – CANCELLATION AND REFUND POLICY

15.1 The cancellation of any order made by You should be cancelled within 10 (Ten) minutes of placing the order. Any cancellation made after such period of 10 minutes shall not be entertained and We shall be entitled to receive the entire amount of the order placed by You.

15.2 We are sure you would love our food. In case you were not happy with your Mista Eats meal, let us know at order@Mista Eats.com. Mista Eats reserves the right to refund the entire amount for the order.

SECTION 16 – GENERAL

16.1 We reserves the right to amend this Terms of Use at any time and without notice, and it is your responsibility to review this Terms of Use for any changes. Your use of the Website/App

following any amendment of this Terms of Use will signify your assent to and acceptance of its revised terms.

16.2 In case of any grievance arising from the use of the Website/App, please contact the Grievance Officer within 24 hours and the same shall be redressed within 48 hours from receipt of such complaint.

SECTION 17 – ACCOUNT DELETION

17.1 – Customer willing to delete his/her account can send a mail to order@Mista Eats.com

17.2 – Customer profile will be deleted from our database, which also includes, Name, email, DOB, Address, Orders, Payment details.

17.3 – In all matters relating to account deletion, the decision of Mista Eats shall be final and binding and by participating in the offer, the participants agree to be bound by the terms and conditions contained herein.

SECTION 18 – DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.

We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the Mista Eats Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone.

Please we aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Mista Eats Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.

SECTION 19 – COOKIES

Our Mista Eats Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

• Authenticating users.
• Remembering user preferences and settings.
• Determining the popularity of content.
• Delivering and measuring the effectiveness of advertising campaigns
• Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.
• A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics. 

To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the Mista Eats Platform and use our Services, as well as when you visit other online sites and services.

Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

SECTION 20 – USES OF YOUR INFORMATION

We use the information we collect for following purposes, including:

• To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your Mista Eats account.
• To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services.
• To administer and enhance the security of our Mista Eats Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services.
• To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries.
• To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
• To allow you to participate in interactive features of our Services, if any or
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
• If you are a partner restaurant or merchant or delivery partner, to track the progress of delivery or status of the order placed by our customers.
• to carry out academic research with academic partners.
• We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.
• We analyse the log files of our Mista Eats Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.

SECTION 21 – YOUR CONSENT

By using the Mista Eats Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Mista Eats Platform.

SECTION 22 – POLICY CHANGES

We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy, we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Mista Eats Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

SECTION 23 – LINKS TO OTHER WEBSITES

The Mista Eats Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. Mista Eats shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Mista Eats Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.

Updated on 15th November, 2022