Last Updated on January 22,2024

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published by the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the website https://www.tellicherrykitchen.com/ and Tellicherry Kitchen application for mobile and handled devices.

Definitions

For these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Tellicherry Kitchen

• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to Kerala, India

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Original Tellicherry Kitchen, Kathrikadavu, Madathikunnel Complex, Kaloor-Kadavanthra Road Kathrikadavu Junction Kochi.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Application or the Website or both.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

• Website refers to Tellicherry Kitchen, accessible from https://www.tellicherrykitchen.com/

• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Terms of Use

These terms of use (the "Terms of Use") govern your use of our website https://www.tellicherrykitchen.com/ (the "Website") and our "Tellicherry Kitchen” application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading, or even merely using the Platform, you shall be contracting with Tellicherry Kitchen and you signify your acceptance to this Terms of Use and other Tellicherry Kitchen policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Platform is owned and operated by Tellicherry Kitchen, a restaurant, situated at Madathikunnel Complex, Kathrikkadav Junction, Kaloor - Kadavanthara Rd, Kochi, Kerala 682016. For the purpose of these Terms of Use, wherever the context so requires, "you", "user", or User shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms ""we", "us" or "our" shall mean “Tellicherry Kitchen".

Use the App

Tellicherry Kitchen grants you a limited, non-exclusive, non-transferable, and revocable license to use the app for personal, non-commercial purposes only. You may not modify, adapt, or reverse engineer the app.

Account Registration

To access certain features of the app, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and agree to accept responsibility for all activities that occur under your account.

Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Tellicherry Kitchen policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Tellicherry Kitchen policies. As long as you comply with these Terms of Use, Tellicherry Kitchen grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Tellicherry Kitchen policies (including but not limited to Cancellation & Refund Policy, Privacy Policy, and Notice and Take Down Policy) as may be posted on the Platform from time to time.

User Conduct

While using the app, you agree not to engage in any prohibited conduct, including but not limited to violating laws, infringing on intellectual property rights, or transmitting harmful code.

Third-party links and services

The Tellicherry Kitchen app may contain links to third-party websites or services. Tellicherry Kitchen is not responsible for the content or practices of these external sites and services. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Order Booking and Financial Terms

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed. However, upon the Buyer's successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, the price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer's (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer's sole responsibility to bring any incorrect details to our attention.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 Order or change in price of any item in the Order.

All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions concerning any other form of currency concerning the Orders or Services made on Platform. You can pay by (I) credit card or debit card or net banking; (ii) any other RBI-approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept, and agree that the payment facility provided by the Tellicherry Kitchen app is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, Tellicherry Kitchen app is neither acting as a trustee nor acting in a fiduciary capacity for the transaction or the transaction price.

Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refund terms concerning usage of the Platform for availing Services.

Changes to Terms

Tellicherry Kitchen reserves the right to modify these terms and conditions at any time. It is your responsibility to regularly review them. Continued use of the app after any changes constitutes your acceptance of the revised terms. By using the Tellicherry Kitchen app, you acknowledge that you have read, understood, and agreed to these terms and conditions

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

• By visiting this page on our website: https://www.tellicherrykitchen.com/contact