Terms and condition
1. Introduction
This document constitutes a legally binding agreement between the Customer/User and FodyGo governing the use of the FodyGo application. FodyGo operates as a technology marketplace platform designed to connect Customers with independent third-party Restaurants/Merchants and Delivery Partners. FodyGo does not prepare food or operate restaurant kitchens; its role is strictly limited to facilitating orders through the application/platform. The Restaurant is solely responsible for preparing the food, the Delivery Partner is responsible for delivering the order, and FodyGo acts exclusively as an intermediary platform connecting these parties.
2. Acceptance of Terms
Accessing, downloading, creating an account on, or placing an order through the FodyGo application constitutes full and irrevocable acceptance of these Terms and Conditions. Failure to comply with these Terms may result in the immediate suspension or permanent termination of the user account.
3. User Accounts
Customers bear full responsibility for maintaining the confidentiality and security of their account credentials, including passwords and One-Time Passwords (OTPs). The Customer is strictly responsible for all activities conducted under their account and must notify FodyGo immediately upon discovering any unauthorized access or misuse. Customers may request the deletion of their account at any time; however, certain transactional and legal records may be retained by FodyGo for a specified period as required by applicable laws.
4. Platform Nature & Limitation of Role
FodyGo functions strictly as a technology and marketplace platform and does not directly prepare food, operate merchant kitchens, control food quality, or directly oversee the individual actions of Delivery Partners.
Food Safety & Merchant Responsibility: The preparation of food in a safe and hygienic manner, the use of quality ingredients, the fulfillment of correct items, the accuracy of menu descriptions, proper packaging, and full compliance with all applicable food safety regulations remain the sole responsibility of the Restaurant/Merchant. In the event of defective, unsafe, or substandard food, primary legal liability rests with the Merchant.
5. Delivery Partner Responsibilities
Delivery Partners are responsible for picking up orders from Merchants, transporting food with reasonable care, delivering orders to the designated customer, and complying with all applicable delivery regulations. FodyGo does not act as a direct guarantor of every individual act, omission, or conduct of the Delivery Partners.
6. Orders (Order Placement)
When a Customer places an order via the platform, the request is transmitted to the respective Merchant, who retains the right to accept or reject the order based on availability. The placement of an order does not constitute a 100% guarantee that the order will be fulfilled.
7. . Pricing & Availability
Menu prices and item availability are subject to change without prior notice. Merchants may occasionally be unavailable, and FodyGo does not guarantee that all listed merchants, products, or services will be available at all times.
8. Payment Terms
Customers may pay for orders utilizing the online payment methods available on the platform. Any failure during payment processing may directly result in the cancellation or non-fulfillment of the order. FodyGo utilizes third-party payment gateways and service providers to securely process customer transactions.
9. Delivery Operations & Estimates
Delivery timeframes displayed on the platform (e.g., "Delivery in 30 minutes") are reasonable estimates only and do not constitute guaranteed delivery times. Deliveries may experience delays due to external factors including traffic congestion, adverse weather conditions, kitchen delays, or delivery partner availability.
10. Handover & Customer Availability
Customers must remain available at the delivery location during the estimated delivery window, cooperate with the delivery personnel, and provide an accurate delivery address and contact telephone number. If delivery cannot be completed due to customer unavailability or incorrect address details, the resulting loss and liability rest solely with the Customer.
11. Condition of Delivery
While Merchants are tasked with proper packaging and Delivery Partners are expected to handle items with reasonable care, FodyGo shall not be held liable for transit issues resulting from traffic accidents, severe weather, or unforeseen external delays.
12. Cancellations & Refunds
Orders cancelled by the Customer are not eligible for a refund in all instances. Once an order has been accepted by the Merchant, cancellations initiated by the Customer may be subject to cancellation charges or full forfeiture of the refund amount.
13. Cancellations by Merchant or Platform
If an order cannot be fulfilled due to merchant unavailability, operational constraints, or platform cancellation, a refund may be issued to the Customer pursuant to applicable refund policies.
14. Refund Eligibility
Refunds are not issued automatically. Refund eligibility depends upon formal review regarding the cause of cancellation, non-delivery of items, verified wrong or missing items, and the express stipulations of the platform's refund policy.
15. . Non-Eligibility & Processing of Refunds
Refunds will not be granted for all customer claims. Refund requests may be summarily rejected if the issue arises from customer error, an incorrect delivery address, failure to receive delivery, claims submitted outside the designated reporting window, cancellations requested after the order has been dispatched from the merchant, or fraudulent claims.
16. Service Usage
Customers agree not to engage in fraudulent practices, place fictitious orders, abuse system infrastructure, compromise or use accounts belonging to third parties, or cause disruption or damage to the FodyGo platform. Posting fabricated reviews, submitting fraudulent ratings, and manipulating or exploiting promotional codes are strictly prohibited.
17. Prohibited Conduct
Customers are strictly barred from: placing fake, fraudulent, or prank orders; harassing, abusing, or threatening Delivery Partners or Merchants; using the platform for unlawful objectives; reverse-engineering the application; attempting to decompile or extract source code; manipulating ratings; or exploiting promotional offers. Violations of these prohibitions may lead to immediate account suspension or termination and appropriate legal prosecution.
18. Data & Privacy
FodyGo collects personal information necessary to facilitate orders and platform operations, including the Customer's name, contact details, delivery address, and order transaction details. Essential delivery information, including delivery address, contact information, and delivery location, is shared with Delivery Partners exclusively to enable the fulfillment of orders. FodyGo explicitly does not sell personal user data to third-party advertisers.
19. Limitation of Liability & Liability Cap
If a Customer experiences illness or adverse reactions from food items, primary liability for food quality, preparation, and safety rests with the Merchant. FodyGo expressly disclaims and limits liability regarding food quality, allergic reactions, merchant products, and third-party services.
To the maximum extent permitted by applicable law, FodyGo’s aggregate legal liability arising out of or related to any claim or dispute shall strictly not exceed the total transaction amount actually paid by the Customer on the FodyGo platform for the specific order giving rise to the claim (e.g., if the order value is ₹300, maximum liability is limited to ₹300).
20. Indemnification
Customers agree to indemnify, defend, and hold harmless FodyGo, its directors, and representatives from and against any claims, losses, damages, liabilities, or legal costs arising directly from the Customer’s breach of these Terms, fraudulent acts, provision of false information, or unlawful disputes involving Delivery Partners or Merchants.
21. Third-Party Services
The application relies on integrated third-party technologies to deliver operational functionality, including Firebase (Fire) for OTP and SMS verification, Razorpay for payment processing, and Google Maps for location and routing services. FodyGo shall not be held liable for platform disruptions, service outages, or downtime caused directly by third-party service failures.
22. Service Availability
FodyGo does not warrant continuous, uninterrupted, or error-free 24/7 service availability. The platform may experience downtime, system maintenance, technical issues, merchant unavailability, or lack of delivery partners, and does not guarantee service availability across all postal PIN codes or geographical zones.
23. Modifications to Terms
FodyGo reserves the unilateral right to amend, update, or revise these Terms and Conditions at any time. In the event of material modifications, the "Last Updated" date will be revised, and notice may be issued via the platform. Continued use of the application following the implementation of changes constitutes acceptance of the modified Terms.
24. Termination
FodyGo reserves the absolute right to suspend or permanently terminate a customer's account, with or without prior notice, if the customer breaches these Terms, commits fraud, abuses platform resources, or exhibits abusive behavior toward staff, merchants, or delivery partners.
25. Intellectual Property
All intellectual property rights pertaining to the application, including trademarks, brand names, logos, UI/UX designs, source code, underlying software, and content, are the exclusive property of FodyGo. Customers are strictly prohibited from copying, reproducing, utilizing for commercial purposes, or reverse-engineering any platform components.
26. Governing Law & Disputes
These Terms and Conditions shall be governed by, construed, and interpreted in accordance with the substantive laws of India. In the event of any claim or dispute, the parties shall first attempt resolution through good-faith mutual negotiations. If negotiations fail, disputes shall be finally resolved through binding Arbitration, with the legal Seat and Venue of arbitration located in Kolkata, West Bengal, India.
27. Contact Us
If you have questions, concerns, or request regarding these Terms, please reach out:
Legal Contact
Email : [email protected]
Phone : +916294233407
Address: Baradongal, Arambagh, Hooghly, West Bengal, 712617
Response Time: Within 2 Business Days