This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.gourmethouse.in,www.Saifoodspvtltd.com website and the brands related all applications for mobile and handheld devices.
1. Terms of Use
These terms of use (the “Terms of Use”) and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) govern your use of our website www.gourmethouse.in & www.Saifoodspvtltd.com (the “Website”) and the Gourmethouse and Sai Foods Pvt Ltd applications including “Gourmethouse and Sai Foods Pvt Ltd app”, “Gourmethouse and Sai Foods Pvt LtdInstamart app” for mobile and handheld devices (each an “App” and together the “Apps”). TheWebsite and the Apps are jointly referred to as the “Platform”. Please read these Terms of Usecarefully before you use the services. These Terms of Use will apply to the services made availableon the Platform, to the extent that they are accessed or used by the user. If you do not agree tothese Terms of Use, you may not use the services on the Platform, and we request you to uninstallthe Apps. By installing, downloading or even merely using the Platform, you shall be contractingwith Gourmethouse and Sai Foods Pvt Ltd and you signify your acceptance to this Terms of Use and other Gourmethouse and Sai Foods Pvt Ltd policies(including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take DownPolicy) as posted on the Platform and amended from time to time, which takes effect on the dateon which you download, install or use the Platform, and create a legally binding arrangement toabide by the same.
The Platform is owned and operated by Gourmethouse and Sai Foods Pvt Ltd Limited, a company incorporated under the laws of India and having its registered office at No.A-397,1st Floor,Gali No:01,Ganesh Nagar-ii,Shakarpur,East Delhi,Delhi,-110092 & Corp.Office at : Shed No 45,60 ft Road,J C Nagar Main Road,Kurubarahalli,Mahalakshmipuram Post,Bangalore – 560086, Karnataka, India. For thepurpose of these Terms of Use, wherever the context so requires, “you”, “user”, or “User” shallmean any natural or legal person who shall transact on the Platform by providing registrationdata during registration on the Platform as a registered user using any computer systems. Theterms “Gourmethouse and Sai Foods Pvt Ltd”, “we”, “us” or “our” shall mean Gourmethouse and Sai Foods Pvt Ltd Limited.
Gourmethouse and Sai Foods Pvt Ltd enables transactions on its Platform between participating merchants and buyers,dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products andservices (“Platform Services”). The buyers (“ Buyer/s”) can choose and place orders (“Orders/”)from a variety of products and services listed and offered for sale by merchants including but notlimited to the restaurants, eateries and retail outlets (“Merchant/s”), on the Platform. Further, theBuyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
Gourmet house and Sai Foods Pvt Ltd enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India (“Delivery Services”) by connecting third party service providers i.e. pick-up and delivery partners (“PDP/s”) who will be responsible for providing the pick-up and delivery services and completing the Tasks initiated by the users of the Platform i.e., Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as “Services”. For both Platform
Services and Delivery Services, Gourmethouse and Sai Foods Pvt Ltd is merely acting as an intermediary between the Merchantand the Buyers and/or PDPs and Buyers/Merchants.
PDPs are individual entrepreneurs engaged with Gourmethouse and Sai Foods Pvt Ltd on voluntary, non-exclusive and principalto principal basis to provide aforementioned services for service fee. PDPs are independentcontractors and are free to determine their timings of work. Gourmethouse and Sai Foods Pvt Ltd does not exercise control onthe PDPs and the relationship between the PDPs and Gourmethouse and Sai Foods Pvt Ltd is not that of an agent and principalor employee and employer.
For the pickup and delivery services and completing the Tasks, PDPs may charge the users of thePlatform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expresslymentioned) determined on the basis of various factors including but not limited to distancecovered, time taken, demand for Delivery Services/Tasks, real time analysis of traffic and weatherconditions, seasonal peaks or such other parameters as may be determined from time to time.
2. Account Registration, Access And Eligibility
2.1. Access to the Platform
You may gain access the Platform by
(i) registering to create an account (“Gourmethouse and Sai Foods Pvt Ltd Account”) andbecome a member (“Membership”),
(ii) (ii) if you already have a Gourmethouse and Sai Foods Pvt Ltd Account, then by logginginto your Gourmethouse and Sai Foods Pvt Ltd Account on the App;

Or

(iii) by registering to join by logging into your accountwith certain third party social networking sites (” SNS”) (including, but not limited to, Facebook);each such account, a “Third Party Account”, via our Platform, as described below. TheMembership is limited for the purpose, are subject to the Gourmet house and Sai Foods Pvt Ltd Policies, and strictly nontransferable.
As part of the functionality of the Platform Services, you may link your Gourmet house and Sai Foods Pvt Ltd Account with ThirdParty Accounts, by either:
(i) providing your Third-Party Account login information to us through the Platform; or
(ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS.
By granting us access to any Third-Party Account, you understand that we will access, make available and store (if applicable) any content or information that you may have provided to and stored in your Third Party Account (“SNS Content”) such that it is available on the Platform via your Gourmethouse and Sai Foods Pvt Ltd Account
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to beyour content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that youhave set in such Third Party Accounts, personally identifiable information that you post to yourThird Party Accounts will be available on and through your Gourmethouse and Sai Foods Pvt Ltd Account on the Platform
In the event that a Third Party Account or associated service is rendered unavailable or ouraccess to such Third Party Account is terminated by such SNS, then SNS Content will no longer beavailable on and through the Platform.
We will create your Gourmethouse and Sai Foods Pvt Ltd Account for your use of the Platform Services based upon the personalinformation you provide to us or that we obtain via SNS, as described above. You are permitted tohave only one Gourmethouse and Sai Foods Pvt Ltd Account and are not permitted to create multiple accounts. Gourmethouse and Sai Foods Pvt Ltdreserves the right to suspend such multiple accounts without being liable for any compensationwhere you have created multiple accounts on the Platform.
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 Platform. Only individuals who are 18 years of age or older may use the Platform and avail the Services also All types of Business people also can use our platform . If you areunder 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Gourmet house and Sai Foods Pvt Ltd Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Gourmet house and Sai Foods Pvt Ltd Policies, you shall immediately discontinue its use. Gourmet house and Sai Foods Pvt Ltd reserves the right to terminate your Membership and/or deny access to the Platform if it is brought to Gourmet house and Sai Foods Pvt Ltd’s notice that you are under the age of 18 years. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, 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. You shall be solely responsible for any actions under your Gourmet house and Sai Foods Pvt Ltd Account, whether or not authorized by you. You shall immediately notify us of any unauthorized use of your Gourmet house and Sai Foods Pvt Ltd Account. We shall at times and at our sole discretion reserve the right to disable any Gourmet house and Sai Foods Pvt Ltd account or user identification code or password in the event you fail to comply with any of the provisions of theseTerms of Use.
We shall at times and at our sole discretion reserve the right to disable any Gourmethouse and Sai Foods Pvt Ltd account oruser identification code or password in the event you fail to comply with any of the provisions ofthese Terms of Use.
As we are providing Services in the selected cities of India, we have complied with applicablelaws of India in making the Platform and its content available to you. In the event the Platform isaccessed from outside India or outside our delivery zones, it shall be entirely at your risk. We makeno representation that the Platform and its contents are available or otherwise suitable for useoutside select cities. If you choose to access or use the Platform from or in locations outside selectcities, you do so on your own and shall be responsible for the consequences and ensuringcompliance of applicable laws, regulations, byelaws, licenses, registrations, permits,authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobiledevice and for bringing these Terms of Use and Gourmethouse and Sai Foods Pvt Ltd policies to the attention of all suchpersons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of acomputer or mobile device or other necessary equipment to access it. You also understand andacknowledge that the use of the Platform requires internet connectivity and telecommunication
links. You shall bear the costs incurred to access and use the Platform and avail the Services, andwe shall not, under any circumstances whatsoever, be responsible or liable for such costs youagree to provide accurate, current and complete information during the registration process andupdate such information to keep it accurate, current and complete
We reserve the right to suspend or terminate your Gourmethouse and Sai Foods Pvt Ltd Account and your access to theServices (i) if any information provided during the registration process or thereafter proves to beinaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liabilityfor you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use orother Gourmethouse and Sai Foods Pvt Ltd policies.
Goods and services purchased from the Platform are intended for your personal use and yourepresent that the same are not for resale or you are not acting as an agent for other parties.
3. Amendments
These Terms of Use are subject to modifications. We reserve the right to modify or change theseTerms of Use and other Gourmethouse and Sai Foods Pvt Ltd policies at any time by posting modified documents on thePlatform. You shall be liable to update yourself of such changes, if any, by accessing the same. Wemay choose to notify you of the same for your perusal. You shall, at all times, be responsible forregularly reviewing the Terms of Use and the other Gourmethouse and Sai Foods Pvt Ltd policies and note the changes madeon the Platform. Your continued use of the Platform and the Services after any change is posted,constitutes your acceptance of the amended Terms of Use and other Gourmethouse and Sai Foods Pvt Ltd policies. As long asyou comply with these Terms of Use, Gourmethouse and Sai Foods Pvt Ltd grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms ofUse, you also accept and agree to be bound by the other terms and conditions and Gourmethouse and Sai Foods Pvt Ltdpolicies (including but not limited to Cancellation & Refund Policy, Privacy Policy) as may beposted on the Platform from time to time.
Gourmethouse and Sai Foods Pvt Ltd reserves the right to suspend/cancel, or discontinue any or all products or services at anytime without notice, make modifications and alterations in any or all of its contents, products andservices contained on the site without any prior notice.
4. Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and Merchantsalone with respect to products and services being offered by the Merchants. Thecommercial/contractual terms include without limitation price of products and/or services,applicable taxes, shipping costs, payment terms, date, time, and mode of delivery, warrantiesrelated to products and services (if any) and after sales services related to products and services(if any). Gourmethouse and Sai Foods Pvt Ltd does not have any control or does not determine or advise or in any way involveitself in the offering or acceptance of such commercial/contractual terms between the Buyersand Merchants. Gourmethouse and Sai Foods Pvt Ltd may, however, offer support services to Merchants in respect to Orderfulfillment, mode of payment, payment collection, call centre support and other ancillary services,pursuant to independent contracts executed between Gourmethouse and Sai Foods Pvt Ltd and the Merchants. The price ofthe product and services offered by the Merchant are determined by the Merchant itself andGourmethouse and Sai Foods Pvt Ltd has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Taskcompletion services (as the case may be) undertaken by him/her, shall constitute a separatecontract for services between Merchants/Buyers and PDPs. Gourmethouse and Sai Foods Pvt Ltd shall not be responsible for

the services provided by PDP to Merchants/Buyers through the Platform. Gourmethouse and Sai Foods Pvt Ltd may, however,offer support services to PDPs in respect of Order fulfillment, payment collection, call centresupport, and other ancillary services, pursuant to independent contracts executed betweenGourmethouse and Sai Foods Pvt Ltd and the PDPs
Gourmethouse and Sai Foods Pvt Ltd does not make any representation or warranty as to the item-specifics (such as legal title,creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verifythe bona fides of any particular Merchant that you choose to deal with on the Platform and useyour best judgment on that behalf. All Merchant offers and third-party offers are subject torespective party terms and conditions. Gourmethouse and Sai Foods Pvt Ltd takes no responsibility for such offers.
Gourmethouse and Sai Foods Pvt Ltd neither make any representation or warranty as to the specifics (such as quality, value,salability, etc.) of the products or services proposed to be sold or offered to be sold or purchasedon the Platform nor does implicitly or explicitly support or endorse the sale or purchase of anyproducts or services on the Platform. Gourmethouse and Sai Foods Pvt Ltd accepts no liability for any errors or omissions,whether on behalf of itself or third parties.
Gourmethouse and Sai Foods Pvt Ltd does not make any representation or warranty with respect to any aspect of the servicesbeing provided by the PDPs through the Platform including but not limited to pick up and deliveryservices and Task completion services to the Merchants or Buyers as the case may be.
Gourmethouse and Sai Foods Pvt Ltd is not responsible for any unsatisfactory or non-performance of services or breach of anycontract entered into between the Buyers and Merchants, and between the Merchants/Buyersand PDP on the Platform. Gourmethouse and Sai Foods Pvt Ltd cannot and does not guarantee that the concerned Buyers,Merchants and PDPs will perform or honour any transaction concluded on the Platform. Gourmethouse and Sai Foods Pvt Ltd isnot responsible for unsatisfactory or non-performance of services or damages or delays as aresult of products which are out of stock, unavailable or back ordered.
Gourmethouse and Sai Foods Pvt Ltd is only operating an online marketplace and assumes the role of facilitator, and does notat any point of time during any transaction between Buyer and Merchant and/or Buyer and PDPon the Platform come into or take possession of any of the products or services offered byMerchant or PDP. At no time shall Gourmethouse and Sai Foods Pvt Ltd hold any right, title or interest over the products nor shallGourmethouse and Sai Foods Pvt Ltd have any obligations or liabilities in respect of such contract entered into between theBuyer and the Merchant and/or Buyer and the PDP.
Gourmethouse and Sai Foods Pvt Ltd is only providing a platform for communication and it is agreed that the contract for saleof any of the products or services shall be a strictly bipartite contract between the Merchant andthe Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other suchissues, Gourmethouse and Sai Foods Pvt Ltd shall notify the same to Merchant and may also redirect the Buyer to the consumercall center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In theevent you raise any complaint on any Merchant accessed using our Platform, we shall assist youto the best of our abilities by providing relevant information to you, such as details of theMerchant and the specific Order to which the complaint relates, to enable satisfactory resolutionof the complaint.
Similar to the above, Gourmethouse and Sai Foods Pvt Ltd is only providing a platform for communication with PDP and doesnot provide any pick-up and delivery services or Task completion services with respect to theOrders placed by Merchants/Buyers on the Platform as it is merely facilitating Delivery Services byconnecting the Merchants/Buyers with the PDP through the Platform. In case of complaints bythe Merchants/Buyers for deficiency or lapse in the delivery services or Task completion services
provided by PDP, Gourmethouse and Sai Foods Pvt Ltd may notify the same to the PDP and also assist Merchants/Buyers to thebest of its abilities to enable satisfactory resolution of the complaint.
5. Obligations Pertaining to Usage of Platform
5.1. By using the Platform you represent and warrant that:
I.
All registration information you submit is truthful, lawful and accurate and that you agree tomaintain the accuracy of such information
II.
Your use of the Platform shall be solely for your personal use and you shall not authorizeothers to use your account, including your profile or email address and that you are solelyresponsible for all content published or displayed through your account, including any emailmessages, and your interactions with other users and you shall abide by all applicable local,state, national and foreign laws, treaties and regulations, including those related to dataprivacy, international communications and the transmission of technical or personal data.
III.
All necessary licenses, consents, permissions and rights are owned by you and there is noneed for any payment or permission or authorization required from any other party or entityto use, distribute or otherwise exploit in all manners permitted by these Terms of Use andPrivacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rightsand / or other proprietary rights contained in any content that you submit, post, upload,distribute or otherwise transmit or make available.
IV.
You will not (a) use any services provided by the Platform for commercial purposes of anykind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), orsolicit others (including, without limitation, solicitations for contributions or donations) or useany public forum for commercial purposes of any kind. In the event you want to advertiseyour product or service contact
contact@gourmethouse and Sai Foods Pvt Ltd.in
V.
You will not use the Platform in any way that is unlawful, or harms us or any other person orentity, as determined in our sole discretion.
VI.
You will not post, submit, upload, distribute, or otherwise transmit or make available anysoftware or other computer files that contain a virus or other harmful component, orotherwise impair or damage the Platform or any connected network, or otherwise interferewith any person or entity’s use or enjoyment of the Platform.
VII.
You will not use another person’s username, password or other account information, oranother person’s name, likeness, voice, image or photograph or impersonate any person orentity or misrepresent your identity or affiliation with any person or entity.
VIII.
You will not engage in any form of antisocial, disrupting, or destructive acts, including”flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonlyunderstood and used on the Internet.
IX.
You will not discriminate against any Merchants, Buyers or PDPs based on race, religion,caste, national origin, disability, sexual orientation, sex, marital status, gender identity, ageor any other metric which is deemed to be unlawful under applicable laws. Any credibleproof of such discrimination, including any refusal to provide or receive goods or servicesbased on the above metrics, whether alone or in conjunction with any other metric, whetherlawful or unlawful, shall render you liable to lose access to the Platform immediately. You willnot have any claim towards, and we will not have any liability towards any terminationwhich is undertaken as a result of the aforementioned event.
X.
You will not delete or modify any content of the Platform, including but not limited to, legalnotices, disclaimers or proprietary notices such as copyright or trademark symbols, logos,that you do not own or have express permission to modify any part of the Platform or the
Platform software; or any equipment or any network on which the Platform is stored or anyequipment of any third party

XI.
You shall not host, display, upload, download, modify, publish, transmit, update or share anyinformation which:
i.
belongs to another person and which you do not have any right to;
ii.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,paedophilic, libel ous, slanderous, criminally inciting or invasive of another’s privacy,hateful, or racially, ethnically objectionable, disparaging, relating or encouragingmoney laundering or gambling, or otherwise unlawful in any manner whatsoever; orunlawfully threatening or unlawfully harassing including but not limited to “indecentrepresentation of women” within the meaning of the Indecent Representation ofWomen (Prohibition) Act, 1986;
iii.
is misleading or misrepresentative in any way;
iv.
is patently offensive to the online community, such as sexually explicit content, orcontent that promotes obscenity, paedophilia, racism, bigotry, hatred or physicalharm of any kind against any group or individual;
v.
harasses or advocates harassment of another person;
vi.
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or”spamming”;
vii.
promotes illegal activities or conduct that is abusive, threatening, obscene,defamatory or libel ous;
viii.
infringes upon or violates any third party’s rights including, but not limited to,intellectual property rights, rights of privacy (including without limitation unauthorizeddisclosure of a person’s name, email address, physical address or phone number) orrights of publicity;
ix.
promotes an illegal or unauthorized copy of another person’s copyrighted work (see”copyright complaint” below for instructions on how to lodge a complaint aboutuploaded copyrighted material), such as providing pirated computer programs or linksto them, providing information to circumvent manufacture- installed copy-protectdevices, or providing pirated music or links to pirated music files;
x.
contains restricted or password-only access pages, or hidden pages or images (thosenot linked to or from another accessible page);
xi.
provides material that exploits people in a sexual, violent or otherwise inappropriatemanner or solicits personal information from anyone;
xii.
provides instructional information about illegal activities such as making or buyingillegal weapons, violating someone’s privacy, or providing or creating computerviruses;
xiii.
contains video, photographs, or images of another person (with a minor or an adult);
xiv.
tries to gain unauthorized access or exceeds the scope of authorized access to thePlatform or to profiles, blogs, communities, account information, bulletins, friendrequest, or other areas of the Platform or solicits passwords or personal identifyinginformation for commercial or unlawful purposes from other users;
xv.
engages in commercial activities and/or sales without our prior written consent suchas contests, sweepstakes, barter, advertising and pyramid schemes, or the buying orselling of products related to the Platform. Throughout these Terms of Use, Gourmethouse and Sai Foods Pvt Ltd’sprior written consent means a communication coming from Gourmethouse and Sai Foods Pvt Ltd’s LegalDepartment, specifically in response to your request, and expressly addressing andallowing the activity or conduct for which you seek authorization;
xvi.
solicits gambling or engages in any gambling activity which is or could be construedas being illegal;
xvii.
interferes with another user’s use and enjoyment of the Platform or any third party’suser and enjoyment of similar services;
xviii.
refers to any website or URL that, in our sole discretion, contains material that isinappropriate for the Platform or any other website, contains content that would beprohibited or violates the letter or spirit of these Terms of Use;
xix.
harm minors in any way;
xx.
infringes any patent, trademark, copyright or other intellectual property rights or thirdparty’s trade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen products;
xxi.
violates any law for the time being in force;
xxii.
deceives or misleads the addressee/users about the origin of such messages orcommunicates any information which is grossly offensive or menacing in nature;
xxiii.
impersonate another person;
xxiv.
contains software viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer resource; or contains anytrojan horses, worms, time bombs, cancelbots, easter eggs or other computerprogramming routines that may damage, detrimentally interfere with, diminish valueof, surreptitiously intercept or expropriate any system, data or personal information;
xxv.
threatens the unity, integrity, defence, security or sovereignty of India, friendly relationswith foreign states, or public order or causes incitement to the commission of anycriminal offence or prevents investigation of any offence or is insulting any othernation;
xxvi.
is false, inaccurate or misleading;
xxvii.
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item,the dealing of which is prohibited or restricted in any manner under the provisions ofany applicable law, rule, regulation, or guideline for the time being in force; or
xxviii.
creates liability for us or causes us to lose (in whole or in part) the services of ourinternet service provider or other suppliers.
XII.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automaticdevice, program, algorithm or methodology, or any similar or equivalent manual process, toaccess, acquire, copy or monitor any portion of the Platform or any content, or in any wayreproduce or circumvent the navigational structure or presentation of the Platform or anycontent, to obtain or attempt to obtain any materials, documents or information throughany means not purposely made available through the Platform. We reserve our right toprohibit any such activity.
XIII.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform,or any other systems or networks connected to the Platform or to any server, computer,network, or to any of the services offered on or through the Platform, by hacking, “passwordmining” or any other illegitimate means.
XIV.
You shall not probe, scan or test the vulnerability of the Platform or any network connectedto the Platform nor breach the security or authentication measures on the Platform or anynetwork connected to the Platform. You may not reverse look- up, trace or seek to trace anyinformation on any other user of or visitor to Platform, or any other Buyer, including anyaccount on the Platform not owned by you, to its source, or exploit the Platform or anyservice or information made available or offered by or through the Platform, in any waywhere the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by thePlatform.

XV.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s)about us or the brand name or domain name used by us including the name ‘Gourmethouse and Sai Foods Pvt Ltd’, orotherwise engage in any conduct or action that might tarnish the image or reputation, ofGourmethouse and Sai Foods Pvt Ltd or Merchant on Platform or otherwise tarnish or dilute any Gourmethouse and Sai Foods Pvt Ltd’s trade or servicemarks, trade name and/or goodwill associated with such trade or service marks, as may beowned or used by us. You agree that you will not take any action that imposes anunreasonable or disproportionately large load on the infrastructure of the Platform orGourmethouse and Sai Foods Pvt Ltd’s systems or networks, or any systems or networks connected to Gourmethouse and Sai Foods Pvt Ltd.
XVI.
You agree not to use any device, software or routine to interfere or attempt to interfere withthe proper working of the Platform or any transaction being conducted on the Platform, orwith any other person’s use of the Platform.
XVII.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the originof any message or transmittal you send to us on or through the Platform or any serviceoffered on or through the Platform. You shall not pretend that you are, or that you represent,someone else, or impersonate any other individual or entity.
XVIII.
You Shall not use the Platform or any content on the Platform for any purpose that isunlawful or prohibited by these Terms of Use, or to solicit the performance of any illegalactivity or other activity that infringes the rights of Gourmethouse and Sai Foods Pvt Ltd and/or others.
XIX.
You shall at all times ensure full compliance with the applicable provisions, as amendedfrom time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b)all applicable domestic laws, rules and regulations (including the provisions of anyapplicable exchange control laws or regulations in force); and (c) international laws, foreignexchange laws, statutes, ordinances and regulations(including, but not limited to GST,income tax, custom duty, local levies) regarding your use of our service and your listing,purchase, solicitation of offers to purchase, and sale of products or services. You shall notengage in any transaction in an item or service, which is prohibited by the provisions of anyapplicable law including exchange control laws or regulations for the time being in force.
XX.
In order to allow us to use the information supplied by you, without violating your rights orany laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity,database rights or any other rights you have in your Information, in any media now known ornot currently known, with respect to your Information.
XXI.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy orsell any products or services, including, but not limited to, products or services related tothat being displayed on the Platform or related to us. You may not transmit any chain lettersor unsolicited commercial or junk email to other users via the Platform.
XXII.
It shall be a violation of these Terms of Use to use any information obtained from thePlatform in order to harass, abuse, or harm another person, or in order to contact, advertiseto, solicit, or sell to another person other than us without our prior explicit consent. In orderto protect our users from such advertising or solicitation, we reserve the right to restrict thenumber of messages or emails which a user may send to other users in any 24-hour periodwhich we deem appropriate in its sole discretion. You understand that we have the right atall times to disclose any information (including the identity of the persons providinginformation or materials on the Platform) as necessary to satisfy any law, regulation or validgovernmental request. This may include, without limitation, disclosure of the information inconnection with investigation of alleged illegal activity or solicitation of illegal activity or inresponse to a lawful court order or subpoena. In addition, We can (and you hereby
TERMS AND CONDITIONS
7/26/25, 10:52 AM Terms & Conditions | Gourmethouse and Sai Foods Pvt Ltd
https://www.gourmethouse.in & www.Saifoodspvtltd.com/terms-and-conditions 9/30
expressly authorize us to) disclose any information about you to law enforcement or othergovernment officials, as we, in our sole discretion, believe necessary or appropriate inconnection with the investigation and/or resolution of possible crimes, especially those thatmay involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform.Gourmethouse and Sai Foods Pvt Ltd shall have the right to remove or edit any content that in its sole discretion violates, or isalleged to violate, any applicable law or either the spirit or letter of these Terms of Use.Notwithstanding anything contained above, YOU REMAIN SOLELY RESPONSIBLE FOR THECONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.Please be advised that such content posted does not necessarily reflect Gourmethouse and Sai Foods Pvt Ltd views. In noevent shall Gourmethouse and Sai Foods Pvt Ltd assume or have any responsibility or liability for any content posted or for anyclaims, damages or losses resulting from use of Content and/or appearance of Content on thePlatform. You hereby represent and warrant that you have all necessary rights in and to allcontent which you provide and all information it contains and that such content shall not infringeany proprietary or other rights of third parties or contain any libellous, tortious, or otherwiseunlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisersfound on or through the Platform, including payment and delivery of related products or services,and any other terms, conditions, warranties or representations associated with such dealings, aresolely between you and such advertiser. We shall not be responsible or liable for any loss ordamage of any sort incurred as the result of any such dealings or as the result of the presence ofsuch advertisers on the Platform.
You hereby acknowledge that other users (including unauthorized users or ‘hackers’) may post ortransmit offensive or obscene materials on the Platform and that you may be involuntarilyexposed to such offensive and obscene materials. You also acknowledge that it is possible forothers to obtain personal information about you due to your use of the Platform, and that therecipient may use such information to harass or injure you. We do not approve of suchunauthorized uses, but by using the Platform You acknowledge and agree that we are notresponsible for the use of any personal information that you publicly disclose or share with otherson the Platform.
Gourmethouse and Sai Foods Pvt Ltd shall have all the rights to take necessary action and claim damages that may occur dueto your involvement/participation in any way on your own or through group/s of people,intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testingattempts without our prior consent or a mutual legal agreement.
5.2. Terms of Service
I.
The Buyer agrees and acknowledges that Gourmethouse and Sai Foods Pvt Ltd shall not be responsible for:
i.
The services or goods provided by the Merchants including but not limited to servingof food Orders suiting your requirements and taste;
ii.
The Merchant’s services or goods, or services provided by PDPs not being up to Buyerexpectations or leading to any loss, harm or damage to him/her;
iii.
The availability or unavailability of certain items on the menu;
iv.
The Merchant serving the incorrect Orders; or
v.
Product liability of goods provided by the Merchants.
II.
The details of the products/ menu and price list available on the Platform with respect torestaurant services, goods or any other services are based on the information provided by
the Merchants and Gourmethouse and Sai Foods Pvt Ltd shall not be responsible for any change or cancellation orunavailability.
III.
Buyers and Merchants agree and acknowledge that Gourmethouse and Sai Foods Pvt Ltd is not responsible for anyliability arising out of delivery services provided by PDP to them
IV.
Buyer understands that delivery time quoted at the time of confirming the Order is anapproximate estimate and may vary based on the information obtained from PDPs andMerchants. Gourmethouse and Sai Foods Pvt Ltd will not be responsible for any delay in the delivery of an Order.
V.
Buyer understands that there are certain Merchants who undertake delivery of their goodsand services to the Buyer and the Merchant may charge the Buyer for such service. Gourmethouse and Sai Foods Pvt Ltdexercises no control on such delivery services and same shall be under the control ofMerchant alone and hence all or any disputes arising out of such delivery services shall bebetween Buyer and Merchant alone. Gourmethouse and Sai Foods Pvt Ltd shall not be responsible for such deliveryservices and assumes no liability for disputes arising out of the same.
VI.
Buyer’s Order will be only delivered to the address designated by him/her at the time ofplacing the Order on the Platform. Buyer’s Order will be cancelled in the event of anychange of the address as informed by the PDP and Buyer shall not be entitled to any refundfor the same. Delivery of goods and services in the event of change of the delivery locationshall be subject to acceptance by the PDP or sole discretion of Gourmethouse and Sai Foods Pvt Ltd.
VII.
The Buyer shall undertake to provide adequate directions, information and authorisationsto accept delivery. In the event of no delivery due to any act or omission attributable toBuyer, the goods or services shall be deemed to have been delivered to the Buyer and allrisk and responsibility in relation thereto shall pass to the Buyer without being entitled to anyrefund.
VIII.
The Buyer understands that Gourmethouse and Sai Foods Pvt Ltd’s (including Merchant’s and PDP’s) liability ends onceOrder has been delivered to him/her, except where the product liability of the Merchantsubsists.
IX.
Buyer shall be required to provide credit or debit card details to the approved paymentgateways while making the payment on the Platform. In this regard, Buyer agrees to providecorrect and accurate credit/ debit card details to the approved payment gateways foravailing the Services. Buyer shall not use the credit/ debit card which is not lawfully ownedby Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. Theinformation provided by the Buyer will not be utilized or shared with any third party unlessrequired in relation to fraud verifications or by law, regulation or court order. Buyer shall besolely responsible for the security and confidentiality of his/her credit/ debit card details.We expressly disclaim all liabilities that may arise as a consequence of any unauthorizeduse of your credit/ debit card.
X.
Gourmethouse and Sai Foods Pvt Ltd does not offer any refunds against goods or services already purchased from aMerchant or PDP through the Platform unless an error that is directly attributable to Gourmethouse and Sai Foods Pvt Ltdhas occurred during the purchase of such product or services
XI.
Buyer agrees that the Services shall be provided through the Platform only during theworking hours of the relevant Merchants and PDPs.
XII.
You agree and grant permission to Gourmethouse and Sai Foods Pvt Ltd to receive promotional SMS and e-mails fromGourmethouse and Sai Foods Pvt Ltd or allied partners. In case you wish to opt out of receiving promotional SMS or emailplease send a mail to
ecommerce@saifoodspvtltd.com, info@saifoodspvtltd.com
6. Order Booking and Financial Terms
The Platform allows the Buyers to place Orders and upon acceptance of such Orders by theMerchants, Gourmethouse and Sai Foods Pvt Ltd will, subject to the terms and conditions set out herein, facilitates delivery ofgoods or services, or completion of Tasks through the PDPs.
Gourmethouse and Sai Foods Pvt Ltd does not own, sell, resell on its own such products offered by the Merchants, and/or doesnot control the Merchants or the related services provided in connection thereof. Buyerunderstands that any Order that he/she places shall be subject to the terms and conditions setout in these Terms of Use including, but not limited to, product availability, delivery locationserviceability, and acceptance of Orders by Merchants/PDPs.
As a general rule, all Orders placed on the Platform and Delivery Services are treated asconfirmed. However, upon Buyer’s successful completion of booking an Order, we may call theBuyer on the telephone or mobile number provided to confirm the details of such Order, price tobe paid and the estimated delivery time. For this purpose, Buyer will be required to share certaininformation 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 ourattention.
In addition to the foregoing, we may also contact you by phone and / or email to inform andconfirm any change in the Order, due to availability or unavailability or change in Order orchange in price of any item in the Order as informed by the Merchant. You hereby agree andacknowledge that any change or confirmation of the Order shall be treated as final. It is clarifiedthat Gourmethouse and Sai Foods Pvt Ltd reserves the right to not to process Buyer’s Order in the event Buyer or Merchant orPDP is unavailable on the phone or any other means of communication at the time when we callyou for confirming the Order and such event the provisions of the Cancellation and Refund Policyshall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily inIndian Rupees acceptable in the Republic of India. The Platform will not facilitate transactionswith respect to any other form of currency with respect to the Orders or Services made onPlatform. 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 timeof delivery. You hereby agree and acknowledge that the payment facility provided by Gourmethouse and Sai Foods Pvt Ltd isneither a banking nor financial service but is merely a facilitator providing an electronic,automated online electronic payment, receiving payment on delivery, collection and remittancefacility for the transactions on the Platform using the existing authorized banking infrastructureand credit card payment gateway networks. Further, by providing payment facility, Gourmethouse and Sai Foods Pvt Ltd isneither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or thetransaction price.
Buyers acknowledge and agree that Gourmethouse and Sai Foods Pvt Ltd acts as the Merchant’s and PDP’s payment agentfor the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchantor PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchantor PDP, your payment obligation to the Merchant or PDP for such amounts is completed, and weare responsible for remitting such amounts to the Merchant or PDP. You shall not, under anycircumstances whatsoever, make any payment directly to the Merchant for Order bookings or tothe PDP for delivery of the Order or completion of the Task made using the Platform. For PDPs, inaddition to the their delivery charges, you may also be charged an amount towards deliverysurge for delivery of your order facilitated by the PDP, which is determined on the basis of variousfactors including but not limited to distance covered, time taken, demand for delivery, real timeanalysis of traffic and weather conditions, seasonal peaks or such other parameters as may bedetermined from time to time (“Delivery Surge”). You agree that Gourmethouse and Sai Foods Pvt Ltd is authorized to collect, onbehalf of the PDPs, the Delivery Surge for the delivery service provided. The Delivery Surge mayvary from order to order, which may be determined on multiple factors which shall include but not
be limited to Merchant, order value, distance, demand during peak hours. Gourmethouse and Sai Foods Pvt Ltd will usereasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will beresponsible for the Delivery Surge incurred for your order regardless of your awareness of suchDelivery Surge.
Buyer agrees to pay for the total amount for the Order placed on the Platform. Gourmethouse and Sai Foods Pvt Ltd will collectthe total amount in accordance with these Terms of Use and the pricing terms set forth in theapplicable listing of product or restaurant service for the particular Merchant, apart from thedelivery fees for Delivery Services. Please note that we cannot control any amount that may becharged to Buyer by his/her bank related to our collection of the total amount, and we disclaimall liability in this regard.
In connection with Buyer’s Order, he/she will be asked to provide customary billing informationsuch as name, billing address and credit card information either to us or our third party paymentprocessor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordancewith these Terms, using the methods described under clause VIII (6) above. Buyer herebyauthorizes the collection of such amounts by charging the credit card provided as part ofrequesting the booking, either directly by us or indirectly, via a third party online paymentprocessor or by one of the payment methods described on the Platform.
If Buyer is directed to our third-party payment processor, he/she may be subject to terms andconditions governing use of that third party’s service and that third party’s personal informationcollection practices. Please review such terms and conditions and privacy policy before usingsuch third party’s services. Once the Order is confirmed you will receive a confirmation emailsummarizing the confirmed booking.
The final tax bill will be issued by the Merchant and PDP (if registered for tax purposes) to theBuyer along with the Order and Gourmethouse and Sai Foods Pvt Ltd is merely collecting the payment on behalf of suchMerchant and PDP. All applicable taxes and levies, the rates thereof and the manner ofapplicability of such taxes on the bill are being charged and determined by the Merchant andPDP. Gourmethouse and Sai Foods Pvt Ltd holds no responsibility for the legal correctness/validity of the levy of such taxes. Thesole responsibility for any legal issue arising on the taxes shall reside with the Merchant and thePDPs.
The prices reflected on the Platform, including packaging, are determined solely by the Merchantand are listed based on Merchant’s information. On rare occasions, prices may change at thetime of placing Order due to Merchant changing the menu price without due intimation and suchchange of price are at the sole discretion of the Merchant attributing to various factors beyondcontrol.
In order to continually improve and provide you/ Buyer with a seamless experience we need toensure maintenance and upkeep of our application/platform. For such upkeep and maintenance,we may, charge a nominal non-refundable amount from you/Buyer as ‘platform fees inclusive ofapplicable taxes’.
Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue,typographical error or product information supplied by Merchant be incorrectly reflected and insuch an event Merchant may cancel Buyer’s Order(s).
The Merchant shall be solely responsible for any warranty/guarantee of the goods or servicessold to the Buyers and in no event shall be the responsibility of Gourmethouse and Sai Foods Pvt Ltd.
The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyerand PDP, therefore, Gourmethouse and Sai Foods Pvt Ltd is not liable to charge or deposit any taxes applicable on suchtransactions.
7. Cancellations and Refunds
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation tousage of the Platform for availing Services.
8. No Endorsement
We do not endorse any Merchant. In addition, although these Terms of Use require you to provideaccurate information, we do not attempt to confirm, and do not confirm if it is purported identity.We will not be responsible for any damage or harm resulting from your interactions with otherusers.
By using the Services, you agree that any legal remedy or liability that you seek to obtain foractions or omissions of other users or other third parties will be limited to a claim against theparticular user or other third parties who caused you harm and you agree not to attempt toimpose liability on, or seek any legal remedy from us with respect to such actions or omissions.
9. Additional terms for other services-
9a. Specific Terms with respect to Use of Platform for purchase of All kind of FMCG Products
Buyer can use the Platform for purchase of various Buyer agrees and undertakes that he/she will not use the Platform to purchase All kind of food/foods related products as considering animals/humans/water related /semi livies eating food & food items andother tobacco products if he/she is below the age of 18 years.
The PDP may request Buyer to provide a valid age proof at the time of delivery of All kind of food/foods related products as considering animals/humans/water related /semi livies eating food & food itemsand/other tobacco products, Buyer agrees and undertakes to provide a valid age proof, ifrequested for verification. If the Buyer is below the age of 18 years the PDP shall cancel the Order.Buyer shall not place Order for loose All kind of food/foods related products as considering animals/humans/water related /semi livies eating food & food items.
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation tousage of the Platform for availing Services.
9c Specific Terms with respect to Use of Platform for purchase of alcoholic beverages
9d. Specific Terms with respect to Use of Platform for availing Services of Gourmethouse and Sai Foods Pvt Ltd.
We are eligible to sell government approved Alcohol percentage contents of food/foods items like Syrups,Vinegars, Sauses and etc.
The pick-up and drop off services are offered by and agreed to between the Users and the PDPalone. Gourmethouse and Sai Foods Pvt Ltd assumes the role of facilitator only and Gourmethouse and Sai Foods Pvt Ltd merely provides a Platform to
facilitate pick-up and drop off services between PDP and Users. At no point of time, Gourmethouse and Sai Foods Pvt Ltd shallbe held responsible or liable for any transactions between Users and PDP and for the servicesoffered by PDP.
The PDP will provide services as per your sole instructions. Gourmethouse and Sai Foods Pvt Ltd does not have any control ordoes not determine or advise or in any way involve itself in the offering or acceptance of suchservices to be provided by the PDP to the User
You agree that the details of the items for pick-up and drop or concierge services, and the pick-up and drop location are provided or entered by you in the Platform, in accordance with whichthe PDP will render the services and perform the Task. Gourmethouse and Sai Foods Pvt Ltd shall not be held responsible for anyissues concerning the Task as the same is performed by the PDP as per your sole instructionsand/or the details provided by you.
You agree and undertake that you shall not request for a pick-up or drop of any item which isillegal, hazardous, dangerous, or otherwise restricted or prohibited under any statute or law orregulation for transportation including but not limited to, items classified as hazardous material,dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association),ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil Aviation Security) or othergovernment or regulatory agencies; radio-active, incendiary, corrosive or flammable substances,hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides,precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-preciousstones including commercial carbons or industrial diamonds, currency of any nationality,securities, coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’cheques, money orders, sodexo pass, passports, credit/debit/ATM cards, antiques, works of art,lottery tickets and gambling devices, crockeries, livestock, fish, insects, animals, plants and plantmaterial, human corpses, organs or body parts, blood, urine and other liquid diagnosticspecimens, hazardous or bio-medical waste, wet ice, pornographic materials, perishablefoodstuffs, fragile glassware, contraband, bottled alcoholic beverages or any intoxicant,infectious item or narcotics and psychotropic substances, Indian Postal Articles and all items thatinfringe the Indian Postal Act of 1898, liquid, semi-liquid and gases, machinery parts containing oil,grease, fuel or batteries, philately items, oxidizing substances and organic peroxides solids, etc.You further agree that you shall not request for pick-up or drop of item(s) which require specialtransportation permit or require any special license under applicable law and/or item(s) whichexceed beyond the dimensions of 14*14 inches and weight beyond 12 kgs.
In the event of you requesting transportation of any illegal or unlawful or prohibited items asmentioned above or which is otherwise restricted under any applicable law, Gourmethouse and Sai Foods Pvt Ltd has the rightto report the same to the law enforcement authorities.
In the event, during transit of your item(s) from pick-up location to drop-off location or whileundertaking concierge services, if police or other law enforcement agencies demand for displayof the item(s) for verification, the PDP shall have the right to display the item(s) to such authorities.
You agree and undertake that you shall abstain from sending high value item(s) whilst using theServices through the Platform and if you use the Services to send any high value item, it shall beat your own risk only and Gourmethouse and Sai Foods Pvt Ltd shall not be held responsible for loss or any damage caused tosuch item(s). It is your sole responsibility to insure the items(s) to cover the risk of loss or damage toyour item(s) during transit, Gourmethouse and Sai Foods Pvt Ltd shall not be responsible for the same.
Gourmethouse and Sai Foods Pvt Ltd and the PDP shall have the right to deny performance of Task(s) where it is not possible forthe PDP to transfer the item(s) from the pick-up location to the drop-off location due to the bigvolume of the item(s)
You understand and agree that the recipient of the item(s) should be available at the drop-offlocation at time communicated for delivery of the item(s). In the event the recipient is notavailable at the drop-off location or refuses to take delivery or cannot be located by the PDP, youwill receive a notification either through the relevant App and/or SMS and/ or a phone call(“Non-acceptance Message”). On receipt of Non-acceptance Message, it shall be yourresponsibility to take re-delivery of the item(s) at your location on payment of additional costwhich may be communicated by Gourmethouse and Sai Foods Pvt Ltd. In the event you refuse to pay the cost of re-transportation or re-delivery of the item(s) for which a Non-acceptance Message has been sentto you, you hereby authorize Gourmethouse and Sai Foods Pvt Ltd and/the PDP to hold the item(s) in lieu of its claim of re-transportation of the item(s) and subject to payment of the said amount release the item(s) inyour favour. In the event you fail to act in the matter and take re-delivery of the item(s) from thePDP, within the reasonable time especially in case perishable goods or goods with limited shelflife, you hereby waive all your claims to such item(s) and declare that Gourmethouse and Sai Foods Pvt Ltd or the PDP shall notbe liable for any loss or damage caused or suffered, to the item(s), whether directly or indirectly.
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation tousage of the Platform for availing Services.
Offers & benefits.
Depending on your city or place of residence, you may be able to avail only certain Offersprovided by Gourmethouse and Sai Foods Pvt Ltd and the relevant Restaurant, provided that, the User strictly complieswith all the terms and conditions of Gourmethouse and Sai Foods Pvt Ltd and the relevant Restaurant partner. For thepurposes of clarity, these Offers shall be subject to certain additional terms and conditions,such as the details of such Offer, their validity, etc. Such Offer terms may be changed ormodified from time to time. Therefore, prior to availing any Offers, it is your responsibility toreview the terms and conditions governing such Offers/benefits provided by Gourmethouse and Sai Foods Pvt Ltd Fromtime to time, Gourmethouse and Sai Foods Pvt Ltd may run marketing and promotional campaigns which may provideOffers and other promotional offers to be used on the Platforms.
Any Offers may not be valid when used in conjunction with other promotions, discounts orother vouchers. Additional terms and conditions may apply to such Offers.
Unless otherwise stated, Offers can only be used on our Platforms.
Offers & discounts cannot under any circumstance be combined with other discounts at theRestaurant such as (but not limited to) other promotions from the restaurant, credit cardpromotions, senior citizen, kids’ meals, discounts, per-discounted set meals etc.
Gourmethouse and Sai Foods Pvt Ltd reserves the right to void, discontinue or reject the use of any Offer without any priornotice.
We may exclude certain Restaurants from the use of Offers at any time without prior noticeto you.
OR OTHERWISE, AND EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTEDWITH (1) THIS T&C (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE GOURMETHOUSE AND SAI FOODS PVT LTDPLATFORM, SPECIAL SERVICES, THE GOURMETHOUSE AND SAI FOODS PVT LTD CONTENT, OR THE USER CONTENT, (3) ANYFAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANYCOMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THEPERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT ORMERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLYUNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE GOURMETHOUSE AND SAI FOODS PVT LTD SITE BYREFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASONWHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITHTHE USE OF THE SERVICES OR THE GOURMETHOUSE AND SAI FOODS PVT LTD CONTENT. GOURMETHOUSE AND SAI FOODS PVT LTD IS NEITHER AN AGENT OFNOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE ARESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENTSERVICES. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW,
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GOURMETHOUSE AND SAI FOODS PVT LTD POLICIES, YOU EXPRESSLYAGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OFTHE FORM OF THE ACTION) WILL NOT EXCEED THE LAST FEE YOU PAID. THESE EXCLUSIONSAND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAWAND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR GOURMETHOUSE AND SAI FOODS PVT LTD DINEOUTSERVICES.
You understand and agree that the aforementioned disclaimers, exclusions, and limitations areessential elements of this T&C and that they represent a reasonable allocation of risk. Inparticular, you understand that Gourmethouse and Sai Foods Pvt Ltd would be unable to make the Special Services availableto you except on these terms and agree that this T&C will survive and apply even if any limitedremedy specified in this T&C is found to have failed of its essential purpose.
Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE DINEOUT SERVICES IS ATYOUR OWN RISK AND GOURMETHOUSE AND SAI FOODS PVT LTD CANNOT GUARANTEE THAT THE DINEOUT SERVICES WILL BEUNINTERRUPTED OR ERROR-FREE. THE DINEOUT SERVICES, ALL GOURMETHOUSE AND SAI FOODS PVT LTD CONTENT, ANDANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSEDTHROUGH THE DINEOUT SERVICES, ARE PROVIDED TO USER ON AN AS IS BASIS ANDWITHOUT WARRANTY OF ANY KIND. GOURMETHOUSE AND SAI FOODS PVT LTD EXPRESSLY DISCLAIMS ALLREPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROMA COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. GOURMETHOUSE AND SAI FOODS PVT LTD DOES NOT WARRANTTHAT YOUR USE OF THE DINEOUT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,THAT GOURMETHOUSE AND SAI FOODS PVT LTD WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGHTHE DINEOUT SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANYSUCH INFORMATION OR MATERIALS WITHOUT LOSS. GOURMETHOUSE AND SAI FOODS PVT LTD SHALL NOT BE LIABLE FORDELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OFTHE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THEREASONABLE CONTROL OF GOURMETHOUSE AND SAI FOODS PVT LTD. THE FOREGOING DISCLAIMERS APPLY TO THEMAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS.HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BELIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites, Applications and Services. The DineOut Services may containhypertext links to websites and applications operated by parties (including the onboardedRestaurants) other than Gourmethouse and Sai Foods Pvt Ltd. Such hypertext links are provided for User’s reference only,and Gourmethouse and Sai Foods Pvt Ltd does not control such websites and is not responsible for their content. Gourmethouse and Sai Foods Pvt Ltd’sinclusion of any hypertext links to such websites or applications does not imply anyendorsement of the material on such websites or applications or any association with theiroperators. Gourmethouse and Sai Foods Pvt Ltd assumes no liability whatsoever for any such third-party websites,applications or any content, features, products, or services made available through suchthird-party websites or applications.
9f
.
Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, and Gourmethouse and Sai Foods Pvt Ltd Be Benefit Membership Program Specific Terms
Effective from 11th December 2024
These are the terms and conditions (“Terms”) for Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, and Gourmethouse and Sai Foods Pvt Ltd (“Gourmethouse and Sai Foods Pvt Ltd One Program”) membership programs offered by Gourmethouse and Sai Foods Pvt Ltd to its Users on thePlatform. These Terms shall govern your use of our services offered under the Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt LtdOne Lite, and Gourmethouse and Sai Foods Pvt Ltd Be Benefit membership programs. Please read these Terms carefully before
you subscribe to any of these memberships. These Terms are subject to modifications, to complywith legal requirements. You have the following options under the Gourmethouse and Sai Foods Pvt Ltd One Program, and youcan choose from these options at your sole discretion based on suitability.
Gourmethouse and Sai Foods Pvt Ltd One Program Plans
(Please refer to your Gourmethouse and Sai Foods Pvt Ltd App for plan details)
The distances from the restaurant location to the customer’s location shall be captured as perGoogle map driving directions data at the time of placing the Order. Gourmethouse and Sai Foods Pvt Ltd shall not be heldresponsible or liable for the accuracy or efficacy of such data.
The Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, and Gourmethouse and Sai Foods Pvt Ltd Be Benefit benefits are available for orders abovea certain amount. Please check FAQs on the Platform for more details.
Additional discounts specific to the Gourmethouse and Sai Foods Pvt Ltd One Program will be applicable on the discountedvalues of the food items post-application of any generally available coupons on the Platform.
Subscription Fee, Payment and Activation

Gourmethouse and Sai Foods Pvt Ltd shall charge, and You agree to pay such membership fee, as may be determined byGourmethouse and Sai Foods Pvt Ltd from time to time. You can use Credit Card, Debit Card, Net Banking, Gourmethouse and Sai Foods Pvt Ltd Money, andother available third-party payment options to subscribe to Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, orGourmethouse and Sai Foods Pvt Ltd Be Benefit. However, Cash on Delivery (COD) payment option can be used to subscribeonly when clubbed together with a placed Order. The subscription shall be activated uponsuccessful payment through the Gourmethouse and Sai Foods Pvt Ltd Platform. In case Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt LtdBe Benefit membership is purchased along with an Order and if such Order is canceled, then themembership shall also stand canceled, and the subscription amount will be refunded. You canaccess the detailed FAQs in the Help Section.
Cancellation or Termination
Gourmethouse and Sai Foods Pvt Ltd One or Gourmethouse and Sai Foods Pvt Ltd One Lite membership once purchased, cannot be canceled or terminatedduring the effective period of the membership. Gourmethouse and Sai Foods Pvt Ltd Be Benefit membership allows forcancellations, with the validity for cancellation and refund duration communicated at the time ofpurchase.
Modification/ Cancellation of Membership by Gourmethouse and Sai Foods Pvt Ltd
Gourmethouse and Sai Foods Pvt Ltd may cancel or modify your Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefitmembership at its sole discretion without notice. If we do so, we will issue a prorated refund basedon the number of full months remaining in your membership. However, we will not give any refundfor cancellation related to conduct that we determine, in our sole discretion, violates these Terms,Terms of Use, or any other Gourmethouse and Sai Foods Pvt Ltd Policies, applicable laws, or conduct involving fraud, misuse ofthe membership, or is harmful to our interests, another user, participating restaurant/Merchant, orPDPs. Our failure to insist upon or enforce your strict compliance with these Terms will notconstitute a waiver of any of our rights.
Important Notice
These Terms are special terms and as such restricted to only Orders placed through Gourmethouse and Sai Foods Pvt Ltd andwhen You are a Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefit member and do notsupersede the Gourmethouse and Sai Foods Pvt Ltd Terms of Use, unless specifically called out here. We reserve the right tomodify these Terms at any time without notice by posting changes on the Platform. You shall be
responsible for updating yourself of such changes by accessing the changes on the Platform. Yourcontinued usage of Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefit after any change isposted constitutes your acceptance of the amendments made to the Terms.
General Terms & Conditions
We reserve the right to accept or refuse membership at our sole discretion.
We may send you an email or other communication related to Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd OneLite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefit (regardless of settings or preferences related to your Gourmethouse and Sai Foods Pvt Ltdaccount).
You may not transfer or assign your Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefitmembership or any benefits, except as allowed in these Terms.
From time to time, we may choose in our sole discretion to add or remove benefits forGourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefit.
The delivery services shall always be provided by the PDP, and all other terms andconditions enumerated in the Terms of Use are applicable.
Gourmethouse and Sai Foods Pvt Ltd reserves the right to offer Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, or Gourmethouse and Sai Foods Pvt Ltd Be Benefit inselect cities and for select Merchants at its sole discretion.
Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, and Gourmethouse and Sai Foods Pvt Ltd Be Benefit membership features are availableonly on the App. Free deliveries are applicable only on food Orders for participatingrestaurants, Instamart Orders, Gourmethouse and Sai Foods Pvt Ltd Genie, and Gourmethouse and Sai Foods Pvt Ltd Mall Orders, subject to minimumorder amounts.
Gourmethouse and Sai Foods Pvt Ltd One, Gourmethouse and Sai Foods Pvt Ltd One Lite, and Gourmethouse and Sai Foods Pvt Ltd Be Benefit memberships can be used only on
2 devices at a time.
These memberships are priced for
individual and personal usage,
reducing misuse and ensuring affordability and sustainability for Gourmethouse and Sai Foods Pvt Ltd.
9g. Gourmethouse and Sai Foods Pvt Ltd Money/Credit Wallets:
For Gourmethouse and Sai Foods Pvt Ltd Money / Credit Wallets users (applicable to the users who have created the wallet ,You agree and acknowledge that, for any positive balance remaining in theGourmethouse and Sai Foods Pvt Ltd Money/Wallet , you have or will receive the Gift Card of equivalent amount fromGourmethouse and Sai Foods Pvt Ltd and once the gift card is received by you, there shall be no further concerns regarding theamount in Gourmethouse and Sai Foods Pvt Ltd Money.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN GOURMETHOUSE AND SAI FOODS PVT LTD’S CONDITIONS OF USE ANDSALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHERREPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATEDTO GOURMETHOUSE AND SAI FOODS PVT LTD. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESEEXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BYLAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR GOURMETHOUSE AND SAI FOODS PVT LTD ONE MEMBERSHIP.
All disputes related to this Gourmethouse and Sai Foods Pvt Ltd One Membership will be subject to the exclusive jurisdiction ofcourts of Bangalore only.
These terms and conditions are co-extensive and concurrent with Gourmethouse and Sai Foods Pvt Ltd’s other terms andconditions and the Privacy Policy listed on this Platform. As such, all other terms and conditions
listed hereinbefore shall also be applicable to this Gourmethouse and Sai Foods Pvt Ltd One Membership and the same neednot be expressly repeated herein.
10. Indemnity
You release and fully indemnify Gourmethouse and Sai Foods Pvt Ltd and/or any of its officers and representatives from anycost, damage, liability or other consequence of any of the actions of the Users of the Platform andspecifically waive any claims that you may have in this behalf under any applicable laws of India.Notwithstanding its reasonable efforts in that behalf, Gourmethouse and Sai Foods Pvt Ltd cannot take responsibility or controlthe information provided by other Users which is made available on the Platform. You may findother User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please usecaution and practice safe trading when using the Platform.
11. Access to the Platform, Accuracy and security
We endeavour to make the Services available during Merchant or PDP working hours. However,we do not represent that access to the Platform will be uninterrupted, timely, error free, free ofviruses or other harmful components or that such defects will be corrected
We do not warrant that the Platform will be compatible with all hardware and software which youmay use. We shall not be liable for damage to, or viruses or other code that may affect, anyequipment (including but not limited to your mobile device), software, data or other property as aresult of your download, installation, access to or use of the Platform or your obtaining anymaterial from, or as a result of using, the Platform. We shall also not be liable for the actions ofthird parties.
We do not represent or warranty that the information available on the Platform will be correct,accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to allusers temporarily or permanently at any time without notice. We may any time at our solediscretion reinstate suspended users. A suspended User may not register or attempt to registerwith us or use the Platform in any manner whatsoever until such time that such user is reinstatedby us.
Relationship with operators if the Platform is accessed on mobile devices
In the event the Platform is accessed on a mobile device, it is not associated, affiliated,sponsored, endorsed or in any way linked to any platform operator, including, without limitation,Apple, Google, Android or RIM Blackberry (each being an ” Operator”).
Your download, installation, access to or use of the Platform is also bound by the terms andconditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and Gourmethouse and Sai Foods Pvt Ltd only,and not with an Operator, and we, not those Operators, are solely responsible for the Platformand the content thereof to the extent specified in these Terms of Use. The license granted to youfor the Platform is limited to a non-transferable license to use the Platform on a mobile devicethat you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to thePlatform as required under applicable law. You and we acknowledge that an Operator has noobligation whatsoever to furnish any maintenance and support services with respect to thePlatform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing anyclaims of you or any third party relating to the Platform or your possession and/or use of thePlatform, including, but not limited to:
any claim that the Platform fails to conform to any applicable legal or regulatoryrequirement; and
claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third-party claim that the Platform or yourpossession and use of the Platform infringes that third party’s intellectual property rights, we, notthe relevant Operator, will be solely responsible for the investigation, defence, settlement anddischarge of any such intellectual property infringement claim.
You must comply with any applicable third-party terms of agreement when using the Platform(e.g. you must ensure that your use of the Platform is not in violation of your mobile deviceagreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries,are third party beneficiaries of these Terms of Use, and that, upon your acceptance of theseTerms of Use, that Operator will have the right (and will be deemed to have accepted the right) toenforce these Terms of Use against you as a third party beneficiary thereof.
12. Disclaimers
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURESMAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATIONAND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLESOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDEDON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT,WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANYUNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAYHAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIMETO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOUACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION ORWARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITHSUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR,DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBYDISCLAIM AND WAIVE ANY RIGHTS AND CLAIM YOU MAY HAVE AGAINST US WITH RESPECT TOTHIRD PARTY’S/MERCHANT’S/PDP’S SERVICES.
GOURMETHOUSE AND SAI FOODS PVT LTD DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANYAPPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BYTHE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATEINFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESEMATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NOGUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED ORIMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OROTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICEOFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRDPARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEESMAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE,ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHEDHEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON.MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT ISLEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT,MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCESTHEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESSASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OFPROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUTOF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OROUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FORANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINEDHEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISINGFROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS,LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANYTHIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ONWARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE AREADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. 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 theintellectual property rights, in the Platform, and in the material published on it including but notlimited to user interface, layout format, Order placing process flow and any content thereof.
You recognize that Gourmethouse and Sai Foods Pvt Ltd is the registered owner of the word mark ‘Gourmethouse and Sai Foods Pvt Ltd’ and the logoincluding but not limited to its variants (IPR) and shall not directly or indirectly, attack or assistanother in attacking the validity of, or Gourmethouse and Sai Foods Pvt Ltd’s or its affiliates proprietary rights in, the licensedmarks or any registrations.
thereof, or file any applications for the registration of the licensed marks or any names or logosderived from or confusingly similar to the licensed marks, any variation thereof, or any translationor transliteration thereof in another language, in respect of any products/services and in anyterritory throughout the world. If you become aware or acquire knowledge of any infringement ofIPR you shall report the same at
accounts@saifoodspvtltd.com,meher@saifoodspvtltd.com
with all relevant information.
You may print off one copy, and may download extracts, of any page(s) from the Platform for yourpersonal reference and you may draw the attention of others within your organisation to materialavailable on the Platform.
You must not modify the paper or digital copies of any materials you have printed off ordownloaded in any way, and you must not use any illustrations, photographs, video or audiosequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes withoutobtaining a licence 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, yourright to use the Platform will cease immediately and you must, at our option, return or destroy anycopies of the materials you have made.
Treatment of information provided by you
We process information provided by you to us in accordance with our Privacy Policy.
14. Third Party Content
We cannot and will not assure that other users are or will be complying with the foregoing rules orany other provisions of these Terms of Use, and, as between you and us, you hereby assume allrisk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter intois not controlled by us and different terms of use and Privacy Policy may apply. By assessing linksto other sites, you acknowledge that we are not responsible for those sites. We reserve the right todisable links to and / or from third-party sites to the Platform, although we are under noobligation to do so.
15. Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceableby reason of the laws of any state or country in which these Terms of Use are intended to beeffective, then to the extent and within the jurisdiction where that term is illegal, invalid orunenforceable, 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. Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us toany other person.
17. Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding,which is commenced to resolve any matter arising under or relating to this Platform, shall besubject to the jurisdiction of the courts at Bengaluru, Karnataka, India.
18. Waiver
. Any waiver of any provision of this Terms of Use, or a delay by any party in theenforcement of any right hereunder, shall neither be construed as a continuing waiver nor createan expectation of non-enforcement of that or any other provision or right.
19. Contact Us
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020 the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Saurabh Deshpande
Gourmet house and Sai Foods Pvt Ltd Limited
Reg Office: Shed No 45,60ft Road,J C Nagar Main Road,Kurubarahalli,Mahalakshmipuram Post,Bangalore,Karnataka – 560086.
Phone: +91 – 6366111306
Email:info@saifoodspvtltd.com,meher@saifoodspvtltd.com
Time: Monday – Friday (10:00 – 18:00)
20. Notice and Take Down Policy Template and Procedures
Gourmet house and Sai Foods Pvt Ltd has put in place IP Notice and Take Down Policy (” Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they affect buyer and good’s seller trust.
Only the intellectual property rights owner can report potentially infringing products or listingsthrough Take Down Policy by way of Notice of infringement in the specified format. If you are notthe intellectual property rights owner, you can still help by getting in touch with the rights’ ownerand encouraging them to contact us. Note: Gourmethouse and Sai Foods Pvt Ltd does not and cannot verify that Merchantshave the right or ability to sell or distribute their listed products or services. However, Gourmethouse and Sai Foods Pvt Ltd iscommitted to ensure that item listings do not infringe upon intellectual property rights of thirdparties once an authorized representative of the rights owner properly reports them to Gourmethouse and Sai Foods Pvt Ltd.
Reporting Instances of Intellectual Property Violations: To file a notice of infringement with Gourmethouse and Sai Foods Pvt Ltd,you must provide a written communication (by email or regular mail) that sets out the informationspecified in the list below. The User hereby acknowledges and agrees that, should the Usermaterially misrepresent that any content or material on the Platform infringes the User’sintellectual property rights, the User shall be responsible for all damages, including but not limitedto costs and reasonable attorneys’ fees, incurred by the Gourmethouse and Sai Foods Pvt Ltd or any affected third parties as aresult of such misrepresentation. It is strongly advised that the User, uncertain of their ownership ofthe intellectual property rights in question, seek legal counsel prior to making any such claims ofinfringement on the Platform.
To expedite our ability to process your request, below format shall be used:
Identify with sufficient detail the protected work that you believe has been infringed. This includesidentification of the web page or specific posts, as opposed to entire sites. Posts must bereferenced by either the dates in which they appear or by the permalink of the post. Include theURL to the concerned material infringing your intellectual property right(s) [URL of a website orURL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to findit;
Identification of the material that is claimed to be infringing or to be the subject of infringingactivity and that is to be removed or access to which is to be disabled, and informationreasonably sufficient to permit Gourmethouse and Sai Foods Pvt Ltd to locate the material Information reasonably sufficient topermit Gourmethouse and Sai Foods Pvt Ltd to contact the complaining party, such as an address, telephone number, and, ifavailable, an email address at which the complaining party may be contacted;
The following mandatory statement: “I have a good faith belief that use of the material in themanner complained of is not authorized by the intellectual property right(s) owner, its agent, orthe law”;
The following mandatory statement: “I swear, under penalty of perjury, that the information in thenotification is accurate, and that I am the intellectual property right(s) owner or authorized to acton behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”;
Sign the document with either your physical or electronic signature; and Send the writtencommunication to:
Email to
grievances@gourmethouse and Sai Foods Pvt Ltd.in
Format of notice of infringement:
To
Gourmethouse and Sai Foods Pvt Ltd Limited, No.55, Sy.no. 8-14, I & J Block, Ground Floor, Embassy Tech Village, Outer RingRoad, Devarabisanahalli, Bangalore – 560103, India
I, < > of < > do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named (” IP Owner”)
I have a good faith belief that use of the material in the manner complained of is not authorizedby the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner’srights. Please expeditiously remove or disable access to the material claimed to be infringing.
I may be contacted at:
Name Designation/Title & Company
_
Postal Address (with Pin code)
_
Email Address (correspondence) Telephone/Fax
I swear, under penalty of perjury, that the information in the notification is accurate,
and that I am the intellectual property right(s) owner or am authorized to act on behalf of theowner of an exclusive intellectual property right(s) that is allegedly infringed and I make thisdeclaration conscientiously believing it to be true and correct.
Declared by < >
on < > ___________________________________ at < > ________
Truthfully,
Signature
(Important Note: (a) Gourmethouse and Sai Foods Pvt Ltd shall be unable to process requests which do not specify exactproduct IDs or URLs. Please do not provide links to browse pages or
links of search queries asthese pages are dynamic and their contents change with time. (b) Gourmethouse and Sai Foods Pvt Ltd shall not consider anincomplete request. (c) Gourmethouse and Sai Foods Pvt Ltd’s response to such request will include removing or disablingaccess to material claimed to be the subject of infringing activity. For a detailed term of use of ourPlatform,