1. Introduction
M.S catering services offers the service of food delivery under the brand name ‘D-Meal’ through the Website. The users of the Website are provided with the option to choose meal themes and healthy meal packs on a subscription basis.
2. Consent
By accessing the Website and/or using the Services, you shall be contracting with M.S catering services and you signify your acceptance to the Terms of Use and other M.S catering services Policies as posted on the Website from time to time, which takes effect on the date on which you use the Services and create a legally binding arrangement to abide by the same.
3. Amendments
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other M.S catering services Policies at any time by posting changes on the Website, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other M.S catering services Policies and note the changes made on the Website. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other M.S catering services Policies.
4. Registration
You may access the Website by registering to create an account and become a “Registered User”.
We will create your D-Meal Account for your use of the Services based upon the personal information you provide to us or that we obtain via an SMS or through Whatsapp. The D-Meal Account is limited for the purpose of availing the Services and is subject to the terms, and strictly is not transferable. You may only have one D-Meal Account and are not permitted to create multiple accounts.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your D-Meal Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use.
You are responsible for safeguarding your OTP sent to . You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your D-Meal account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your D-Meal Account.Services availed through the Website are intended for your personal use and you represent that the same is not for your commercial gain or you are not acting as an agent for other parties.
5. Registered user eligibility
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. Only individuals who are 18 years of age or older may use the Website and avail Services. If you are under 18 years of age and you wish to access or use the Website, your parents or legal guardian must acknowledge and agree to the Terms of Use and other M.S catering services Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and M.S catering services Policies, you shall immediately discontinue its use. M.S catering services reserves the right to terminate your D-Meal Account and / or deny access to the Website if it is brought M.S catering services notice that you are under the age of 18 years.
6. D-Meal subscription
We offer to the Registers Users the option to subscribe (“D-Meal Subscription” or “Subscription”) to delivery of pre-set healthy meal plans (“Theme bases meal Plans”). The Registered User opting to subscribe shall be referred to as the “D-Meal Subscriber” or “Subscriber”.
A D-Meal Subscription is a contract for the supply of food between the D-Meal Subscriber and M.S catering services. The D-Meal Subscription shall be governed by the terms set out in the Terms of Use and other M.S catering services Policies.
The D-Meal Subscription shall be for a period of 5 (five) working days(Monday to Friday) or 10(ten) working days(Monday to Friday) at the option of the subscriber. For the purposes of this clause.The meal shall be delivered at a time between 10.30 and 2.00 p.m (“Delivery Time”). The delivery of meal under the Subscription shall be made to the Subscriber only on weekday (Monday to Fridays) and National Holidays excluded. The subscriber shall have the following options i) The subscriber can SKIP the next delivery within their validity period based on the pack selected during payment using registered mobile number used while subscription ii) New/renewal subscription registered and before 5 PM will be considered for next day delivery.
The Subscriber shall send a request to pause the Subscription to M.S catering services at info@dmeal.in. Any request for a pause of Subscription through any other mode of communication shall not be entertained. M.S catering services shall only consider a request communicated to it at least 24(Twenty Four) hours before the Delivery Time. The period of pause in Subscription shall under no circumstances extend beyond a period of appropriate validity period based on the pack selected 10(ten) days or 20(twenty) days.
Subscription once confirmed by M.S catering services can be cancelled 24 (Twenty Four) hours before the first delivery under the subscription. M.S catering services reserves the right to reject any cancellation request after such time. Refund of the Subscription amount on acceptance by M.S catering services of the cancellation shall be made via the same payment gateway to the source account within 10 working days.
The price for Subscription to a D-Meal Plan for the respective Duration Options shall be listed on the Website. M.S catering services reserves the right to alter the D-Meal Plan combinations and the price list on the Website, such change would not affect or alter the ongoing Subscriptions, however, such change would apply to any extensions made to the ongoing subscription.
D-Meal reserves the right to alter the menu based on seasonality and availability of the veggies and commodities.
Any subscription request made to us is subject to availability of subscription slots, delivery capacity and acceptance by us. When you subscribe to our Services, we will send you an auto-generated confirmation mail about the same. You must inform us immediately if any details are incorrect. If the D-Meal Plan for which you wish to subscribe to is not available or if we are not able to deliver to your location, we will inform you through a phone call or Whatsapp or SMS messages.
The total price for your Subscription including taxes will be displayed at the time of check out your order. The Subscription shall start only after you complete the payment using any of the payment mechanisms offered on the Website.
Any excess payment made by a Subscriber for the Subscription by mistake shall be refunded via the same gateway to the source within 7 working days.
The meals shall be delivered to the Subscriber to his preferred delivery address as provided by him at the time of registration or subscription.
Delivery timings quoted herein and displayed anywhere in the Website are approximate and may vary based on factors such as traffic and weather conditions. The meals will be delivered to the address designated by you at the time of subscription.
If the meal is not delivered within the estimated delivery time quoted by us, please contact our customer care at +91 93442 04122 and we will do our best to ensure that you receive your meal is delivered as quickly as possible.
If you fail to accept your meal when it is out for delivery, or if we are unable to deliver at the stated time due to your failure to provide appropriate instructions or authorizations, then such meals shall be deemed to have been delivered to you.
M.S catering services does not guarantee the exactness of the taste, finish, appearance, size or colour as the images of food displayed on the Website or on any promotional material.
The subscriber assumes all risks of personal injury, illness or allergic reactions death due to existing complications on account of the consumption of the food supplied. M.S catering services shall not be liable for any such health-related risks caused to the Subscriber or any other person directly or indirectly resulting from the consumption of meals by the Subscriber or such other person.
We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
In case of the unlikely event of a failed delivery due to reasons beyond the control of the Subscriber, M.S catering services, as a compensatory measure shall take appropriate remedy measure to the Subscription.
7. Limitation of liability
In any event, the liability of M.S catering services, for any loss or damage caused to you, whether direct or indirect, shall not exceed the amounts already paid by you to M.S catering services in relation to the Subscription.
We suggest you take precautions to ensure that whatever device you select for your use or access of this Website is free of such items as viruses, worms, Trojan horses and other items of malicious and destructive nature. While availing any of the payment method/s offered by M.S catering services, M.S catering services is not responsible or takes no liability of any kind in respect to any loss or damage arising directly or indirectly to you out of the decline due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by you and between your "Bank/s" and/or Service Provider/s, or
Any payment issues arising out of the transaction, or
The decline of transaction for any other reason(s).
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.
8. Force majeure
M.S catering services will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include (but not limited to), strike, labour dispute, regulation or order of governmental authority, civil disorder, disaster, an act of war, an act of God, fire, epidemics, pandemics, flood or other emergency condition.
9. Third-party service providers
We use a third-party payment processor (the “Payment Processor”) to facilitate payment for the subscriptions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Use. We are not responsible for errors by the Payment Processor. By choosing to subscribe to our Services, you agree to pay us, through the Payment Processor, the subscription charges at the prices then in effect and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
We use the services of third-party delivery partners (“Delivery Partner”) to fulfil the delivery of meals. Your information shared with the Delivery Partner will be subject to the privacy policies of the Delivery Partner in addition to this Terms of Use and M.S catering services Policies.
10. General terms of use
If you choose to use the Website, it shall be your responsibility to treat your username, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any username or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Website and its content available to you. In the event the Website is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Website from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and M.S catering services Policies to the attention of all such persons accessing the Website on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to M.S catering services to receive promotional SMS and e-mails from M.S catering services or allied partners. In case you wish to opt-out of receiving promotional SMS or email please send a mail to info@dmeal.in
Customers/Subscribers must ensure that at the time of delivery your order adequate arrangements, including access where necessary, are in place for the timely delivery of your order.
By using the Website you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Website shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all information submitted and interactions with M.S catering services including any email messages.
You will not use any Services provided by M.S catering services for commercial purposes of any kind.
You will not use the Website in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website.
You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts:
a. any part of the Website; or
b. any equipment or any network on which the Website is stored or any equipment of any third party.
11. Termination
We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your Account, you may do so by following the instructions on the Website. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination.
12. Indemnity
M.S catering services, its officers, directors, shareholders, parents, subsidiaries, affiliates, employees, or joint venture partner are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages and/or costs of any kind, arising from your use of this Website or your breach of these terms, including any breach of the representations and warranties contained herein.
13. Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Website, shall be subject to the jurisdiction of the courts at Chennai, India.
14. Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and M.S catering services to any other person.
15. Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
16. License & Site access
M.S catering services is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Website, and in the material or content (text, graphics, clip arts, icons, images, audio clips, videos or software) published on it.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Any unauthorized use of the intellectual property or content in the Website is in breach of these Terms, for which you shall be bring to an immediate end, your right to access or use the Website and result in an appropriate action at the sole option of M.S catering services.
We reserve the right to suspend or withdraw access to the Website to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended user may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
Any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and M.S catering services is not liable for the content or availability of any such sites. Unauthorized use of the Website may give rise to a claim for damages and/or regarded as a criminal offence resulting in appropriate legal action.
The above terms of use (“Terms of Use”, “Terms” or “Agreement”) govern your use of our website www.dmeal.in (“Website”). The Website is operated and owned by M.S Catering service Private Limited ("M.S catering services",“Company”, “we”, “us” and “our”) a private limited company incorporated under the laws of India and having its registered office at No:17/4 Baliah Avenue, Luz Church road, Mylapore, Chennai, Tamil Nadu, India, 600004.
The terms “you”, “your” and “user” refer to the user of the Website. The use and access of the Website and any services offered by "M.S Catering services " whether on the Website or otherwise are collectively referred to as “Services”.
Hope you have 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 Website. The Privacy Policy, FAQs and all such information and documents as are present on and updated to the Website from time to time (“M.S Catering Services Policies”) shall form a part and parcel of these
Terms of Use. In the event of any inconsistency hereof with the Terms of Use, the Terms of Use shall override.