Terms & Conditions

Terms of Use

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.

1. Definitions

• 1.1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
• 1.2. "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data.
• 1.3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by SundayKart.
• 1.4. "we", "us", "our", and "SundayKart" are references to the Company.
• 1.5. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time.
• 1.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website.
• 1.7. "Participating store" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
• 1.8. "Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating stores and for both of which our Participating stores take full responsibility.
• 1.9. "Website" is a reference to our Website https://www.sundaykart.com or our mobile applications on which we offer our Goods or Services.

2. Orders Related

• 2.1. Any contract for the supply of Goods/Food Items/Service Delivery from this Website is between you and the Participating vendor store; for the supply of Goods or Services from this Website any contact is between you and SundayKart. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit/debit card or third party wallet details that you provide are for your own credit/debit card or third party wallet and that you have sufficient funds to make the payment.
• 2.2. Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
• 2.3. As a general rule, all orders or bookings placed on the Platform are treated as confirmed.
• 2.4. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
• 2.5. The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
• 2.6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
• 2.7. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating store/service. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating store/service will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
• 2.8. However, upon your successful completion of booking an order or service, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
• 2.9. 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 price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that SundayKart reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
• 2.10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
• 2.11. SundayKart do not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability

3. Cancellations and Refunds

3.1 Cancellation

i. As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, SundayKart shall have a right to charge you cancellation fee of a minimum INR 50 up to the order value, with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our participant store or service and delivery partners. SundayKart shall also have right to charge you cancellation fee for the orders cancelled by SundayKart for the reasons specified under clause 1(iii) of this cancellation and refunds policy. In case of cancellations for the reasons attributable to SundayKart or its participating store and delivery partners, SundayKart shall not charge you any cancellation fee.
ii. However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
iii. We reserve the sole right to cancel your order in the following circumstance:
a. failure to contact you by phone or email at the time of confirming the order booking;
b. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
c. unavailability of all the items ordered by you at the time of booking the order; or
d. placing order by selecting wrong cities/areas/destinations,. etc.

3.2 Refunds

i. You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform or mobile app and only in the event of any of the following circumstances:
a. us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
b. You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
ii. Our decision on refunds shall be at our sole discretion and shall be final and binding. iii. All refund amounts either shall be credited to your account within 4-5 business working days or for SundayKart wallet to 24 hours in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card / third party wallet.

4. Terms of Service

1. You agree and acknowledge that we shall not be responsible for:
i. The services or goods provided by the Merchant including, but not limited, serving of food orders or service bookings suiting your requirements and needs;
ii. The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
iii. The availability or unavailability of certain items on the menu; or
iv. The Merchant serving the incorrect orders.
2. The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
3. You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
4. You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
5. You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
6. You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
7. You understand that our liability ends once your order has been delivered to you.
8. Services provided:
i. You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
ii. Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
iii. You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.
iv. You might be required to provide your credit /debit card/ third party wallet details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card / third party wallet which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card/third party wallet. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card/ third party wallet.
9. We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
10. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
11. If you use the Platform, you do the same at your own risk.
12. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.

5. Information

• 5.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
• 5.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.

6. Limitation of Liability

• 6.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
• 6.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.
• 6.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
• 6.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
• 6.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
• 6.6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
• 6.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
• 6.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
• 6.9. In the event SundayKart has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, SundayKart may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, SundayKart reserves the right to seek compensation from any and all violators.
• 6.10. Offers are subject to SundayKart's discretion and may be withdrawn at any time and without notice.
• 6.11. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our Employees, Affiliates, Authors or Agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
• 6.12. SundayKart Disclaims and all liability that may arise due to any violation of the Food Safety and Standards Act, 2006 and Applicable rules and regulations made there under and such liability shall be attributable to the merchant.

7. Intellectual Property

• We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
• You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
• If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Reward Program

Eligibility: To become eligible for SundayKart’s Reward program, you must be a Subscribed User of the SundayKart Platform. A “Subscribed User or "You" or "Your” for the purpose of this clause means a user who has subscribed to SundayKart Platform by creating an account on the SundayKart Platform using his/her email or any other mode as made available on the SundayKart Platform.
Reward Points: You will earn reward points equivalent to 2% of the Order value for groceries, 4% for other store types (“Points”) for every Order made through the SundayKart Platform.
Reward Points can be converted in to reward money and reward money will be in their wallets
• Reward money, may be utilized by you for availing discount up to 25% of reward money from wallet by ordering value more than 500rs (rounded down) less taxes, on any future Order on the SundayKart Platform at any participating Store/Service.
• You can utilize the reward money only through your account and cannot pool reward points or reward money from different accounts
• You cannot sell or transfer your reward points or reward money to anyone.
• Your points will expire in 3 months from the date of credit automatically or by withdrawing from your account while placing the order. You will be notified before the points are exhausted
• SundayKart reserves the right to withdraw Reward Program at any time and/or modify the terms and conditions for Reward Program, without any prior intimation to You. In case SundayKart withdraws Reward Program, the reward points or reward money accumulated in your account shall lapse and You will be unable to utilize it.

9. Cash back Wallet/SundayKart Wallet

Wallet Money: Any offer or cashback given by SundayKart will be credited in Cashback Wallet. Wallet money can be used at the time of placing order on SundayKart. User can get wallet amount through SundayKart Platform only.
Any Offers (cashback offers, Discounts etc) given by SundayKart will be transferred to their wallets to redeem while placing the order in SundayKart
• Cashback wallet money, may be utilized by you while ordering in SundayKart Platform at any participating Store/Service.
• You can utilize the Cashback wallet money only through your account and cannot pool wallet money from different accounts.
• You cannot sell or transfer your wallet money to anyone.
• Cashback Wallet is the instrument to park offers money in your SundayKart Account as a prepaid balance, and can be used only for order bookings with SundayKart.
• There is no expiry date for this cashback wallet money. You can redeem any time, while placing order in SundayKart platform.
• SundayKart reserves the right to withdraw cashback wallet money at any time and/or modify the terms and conditions for cashback wallet, without any prior intimation to you. In case SundayKart withdraws cashback wallet money, the cashback wallet money accumulated in your account shall lapse and you will be unable to utilize it.
• Balance Amount in cashback wallet doesn't bear interest
• The customer agrees that he will not raise any charge back request with his/ her card issuing bank or entity for those amounts which are transferred to cashback wallet after his/ her consent. Any such chargebacks from the card issuer or bank will be denied by SundayKart, and SundayKart reserves its rights to recover the money from the customer for any chargeback’s requested and made in contravention of this clause.
• If the customer misuses the SundayKart account in any manner, SundayKart reserves the complete right to block/delete his/her account, at this time he/she cannot have right to take back request.

10. General

• 10.1. All prices are in India Rupees. GST is included where indicated.
• 10.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novae any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
• 10.3. We may alter or vary the Terms and Conditions at any time without notice to you.
• 10.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us at the time of delivery by cash or can done pre payment while booking online. Failure to pay on time will result in the cancellation of your order.
• 10.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
• 10.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
• 10.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
• 10.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
• 10.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of Narasaraopet, Guntur District, Andhra Pradesh, India.
• 10.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
• 10.11. Customers placing order with SundayKart are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wish to not receive promotional SMS, they may contact us on sundaykart@gmail.com.
• 10.12. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Narasaraopet Court in Guntur district, Andhra Pradesh, India. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
• 10.13. The voucher calculation is subject to SundayKart's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
• 10.14. Any Service Fee/Delivery Fee charged by SundayKart is subject to prevailing GST Rates.
• 10.15. Rates under the GST regime have recently been notified. The store types like Groceries, Restaurants, Sweet Shops and Service provider’s as well any participating store in SundayKart.com which are in SundayKart are currently examining the taxability of their supplies. SundayKart hence, does not bear any responsibility on the taxes charged by these store types in the interim period.
• 10.16. Blacklisting of customers: SundayKart India reserves the right to block/blacklist customers with suspicious activity on their accounts. Suspicious activities include, but are not restricted to:
o 16.1. Unfair voucher use.
o 16.2. Using multiple logins from the same device.
o 16.3. Mis-using SundayKart wallet & reward points.
o 16.4. For concerns regarding blacklisting, please reach us at sundaykart@gmail.com

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