Terms and Condition
Terms and Condition
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 (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations,
and handheld devices.
and our “Fudluv” application for mobile and handheld devices (the “ App”). The Website and the App are
you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be
posted on the Platform from time to time, which takes effect on the date on which you download, install or
use the Services, and create a legally binding arrangement to abide by the same.
II. Fudluv enables transactions between participant restaurants/merchants and buyers, dealing in prepared
food and beverages (“ Platform Services”). The buyers (“Buyer/s”) can choose and place orders
(“ Orders”) from variety of products listed and offered for sale by various neighborhood merchants including
but not limited to the restaurants and eateries (“ Merchant/s”), on the Platform and Fudluv enables delivery
of such orders at select localities of serviceable cities across India (“ Delivery Services”). The Platform
Services and Delivery Services are collectively referred to as “ Services”.
liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all
changes made on the Platform. Your continued usage of the services after any change is posted constitutes
the other terms and conditions and Fudluv policies (including but not limited to Cancellation & Refund Policy,
IV. Use of Platform and Services
1. All commercial/contractual terms are offered by and agreed to between Buyers and Merchants
alone. The commercial/contractual terms include without limitation price, taxes, shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties related to
products and services and after sales services related to products and services. Fudluv does not
have any control or does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Merchants. Fudluv may,
however, offer support services to Merchants in respect to order fulfilment, payment collection, call
centre, and other services, pursuant to independent contracts executed by it with the Merchants.
2. Fudluv 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 verify the
bona fides of any particular Merchant that you choose to deal with on the Platform and use your
best judgment in that behalf. All Merchant offers and third party offers are subject to respective
party terms and conditions. Fudluv takes no responsibility for such offers.
3. Fudluv neither make any representation or warranty as to specifics (such as quality, value,
salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased
on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. Fudluv accepts no liability for any errors or omissions,
whether on behalf of itself or third parties.
4. Fudluv is not responsible for any non-performance or breach of any contract entered into between
Buyers and Merchants on the Platform. Fudluv cannot and does not guarantee that the concerned
Buyers and/or Merchants will perform any transaction concluded on the Platform. Fudluv is not
responsible for unsatisfactory or non-performance of services or damages or delays as a result of
products which are out of stock, unavailable or back ordered.
5. Fudluv is operating an online marketplace and assumes the role of facilitator, and does not at any
point of time during any transaction between Buyer and Merchant on the Platform come into or take
possession of any of the products or services offered by Merchant. At no time shall Fudluv hold any
right, title or interest over the products nor shall Fudluv have any obligations or liabilities in respect
of such contract entered into between Buyer and Merchant.
6. Fudluv is only providing a platform for communication and it is agreed that the contract for sale of
any of the products or services shall be a strictly bipartite contract between the Merchant and the
Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such
issues, Fudluv shall notify the same to Merchant and shall also redirect the Buyer to the consumer
call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the
event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to
the best of our abilities by providing relevant information to you,such as details of the Merchant and
the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
7. Please note that there could be risks in dealing with underage persons or people acting under false
8. Fudluv - Use of the Website and Apps (Android and iOS)
You agree, undertake and confirm that your use of Platform shall be strictly governed by the
following binding principles:
i. You shall not host, display, upload, download, modify, publish, transmit, update or share
any information which:
a. belongs to another person and which you do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, slanderous, criminally inciting or invasive of another’s
privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatsoever; or unlawfully threatening or unlawfully harassing including but not
limited to “indecent representation of women” within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
c. is misleading or misrepresentative in any way;
d. is patently offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical
harm of any kind against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass
mailing or “spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
h. infringes upon or violates any third party’s rights [including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person’s name, email address, physical address or
phone number) or rights of publicity];
i. promotes an illegal or unauthorized copy of another person's copyrighted work
(see “copyright complaint” below for instructions on how to lodge a complaint
about uploaded copyrighted material), such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-
installed copy-protect devices, or providing pirated music or links to pirated music
j. contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page);
k. provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
l. provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone’s privacy, or providing or creating computer
m. contains video, photographs, or images of another person (with a minor or an
n. tries to gain unauthorized access or exceeds the scope of authorized access to
the Platform or to profiles, blogs, communities, account information, bulletins,
friend request, or other areas of the Platform or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
o. engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of products related to the Platform. Throughout these Terms of
Use, Fudluv’s prior written consent means a communication coming from
Fudluv’s Legal Department, specifically in response to your request, and
expressly addressing and allowing the activity or conduct for which you seek
p. solicits gambling or engages in any gambling activity which is or could be
construed as being illegal;
q. interferes with another user’s use and enjoyment of the Platform or any third
party’s user and enjoyment of similar services;
r. refers to any website or URL that, in our sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that would
s. harm minors in any way;
t. infringes any patent, trademark, copyright or other intellectual property rights or
third party’s trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen products;
u. violates any law for the time being in force;
v. deceives or misleads the addressee/users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
w. impersonate another person;
x. contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer resource;
or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally interfere
with, diminish value of, surreptitiously intercept or expropriate any system, data
or personal information;
y. threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any criminal offence or prevents investigation of any offence or is
insulting any other nation;
z. is false, inaccurate or misleading;
aa. 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 of any applicable law, rule, regulation or guideline for the time being in
bb. creates liability for us or causes us to lose (in whole or in part) the services of our
internet service provider or other suppliers.
ii. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Platform or any Content, or in any
way reproduce or circumvent the navigational structure or presentation of the Platform or
any Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Platform. We reserve our
right to prohibit any such activity.
iii. 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, “password mining” or any other illegitimate means.
iv. You shall not probe, scan or test the vulnerability of the Platform or any network
connected to the Platform nor breach the security or authentication measures on the
Platform or any network connected to the Platform. You may not reverse look-up, trace or
seek to trace any information on any other user of or visitor to Platform, or any other
Buyer, including any account on the Platform not owned by you, to its source, or exploit
the Platform or any service or information made available or offered by or through the
Platform, in any way where 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 the Platform.
v. 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 ‘Fudluv’, or
otherwise engage in any conduct or action that might tarnish the image or reputation, of
Fudluv or Merchant on platform or otherwise tarnish or dilute any Fudluv’s trade or service
marks, trade name and/or goodwill associated with such trade or service marks, as may
be owned or used by us. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Platform or
Fudluv’s systems or networks, or any systems or networks connected to Fudluv.
vi. You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Platform or any transaction being conducted on the
Platform, or with any other person’s use of the Platform.
vii. You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to us on or through the Platform or any
service offered on or through the Platform. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
viii. You may not use the Platform or any content on the Platform for any purpose that is
activity or other activity that infringes the rights of Fudluv and/or others.
ix. You shall at all times ensure full compliance with the applicable provisions, as amended
from 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 any
applicable exchange control laws or regulations in force); and (c) international laws,
foreign exchange laws, statutes, ordinances and regulations (including, but not limited to
sales tax/VAT, income tax, octroi, service tax, central excise, 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 not engage in any transaction in an
item or service, which is prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in force.
x. In order to allow us to use the information supplied by you, without violating your rights or
any 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
or not currently known, with respect to your Information. We will only use your information
xi. From time to time, you shall be responsible for providing information relating to the
products or services proposed to be sold by you. In this connection, you undertake that all
such information shall be accurate in all respects. You shall not exaggerate or
overemphasize the attributes of such products or services so as to mislead other users in
xii. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy
or sell any products or services, including, but not limited to, products or services related
to that being displayed on the Platform or related to us. You may not transmit any chain
letters or unsolicited commercial or junk email to other users via the Platform. It shall be a
to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or
sell to another person other than us without our prior explicit consent. In order to protect
our users from such advertising or solicitation, we reserve the right to restrict the number
of messages or emails which a user may send to other users in any 24-hour period which
we deem appropriate in its sole discretion. You understand that we have the right at all
times to disclose any information (including the identity of the persons providing
information or materials on the Platform) as necessary to satisfy any law, regulation or
valid governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena. In addition, We can (and you
hereby expressly authorize us to) disclose any information about you to law enforcement
or other government officials, as we, in our sole discretion, believe necessary or
appropriate in connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
xiii. We reserve the right, but has no obligation, to monitor the materials posted on the
Platform. Fudluv shall have the right to remove or edit any content that in its sole
discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of
FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN
YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect Fudluv views. In no event shall Fudluv assume or have any
responsibility or liability for any Content posted or for any claims, damages or losses
resulting from use of Content and/or appearance of Content on the Platform. You hereby
represent and warrant that you have all necessary rights in and to all Content which you
provide and all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous, tortious, or otherwise
xiv. Your correspondence or business dealings with, or participation in promotions of,
advertisers found 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, are solely between you and such advertiser. We shall not
be responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the Platform.
xv. It is possible that other users (including unauthorized users or ‘hackers’) may post or
transmit offensive or obscene materials on the Platform and that you may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others to obtain
personal information about you due to your use of the Platform, and that the recipient may
use such information to harass or injure you. We do not approve of such unauthorized
uses, but by using the Platform You acknowledge and agree that we are not responsible
for the use of any personal information that you publicly disclose or share with others on
the Platform. Please carefully select the type of information that you publicly disclose or
share with others on the Platform.
xvi. Fudluv shall have all the rights to take necessary action and claim damages that may
occur due to 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 testing attempts without our prior consent or a mutual legal agreement.
V. Account Registration or use of the Platform
1. You may access the Platform by registering to create an account (“ Fudluv Account”) and become
a member (“ Membership”); or (c) you can also register to join by logging into your account with
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. The Membership is
limited for the purpose and are subject to the terms, and strictly not transferable. As part of the
functionality of the Platform services, you may link your Fudluv Account with Third Party Accounts,
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.
2. 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 use 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 third party service providers.
3. By granting us access to any Third Party Accounts, you understand that we will access, make
available and store (if applicable) any content or information that you have provided to and stored
in your Third Party Account (“ SNS Content”) so that it is available on and through the Platform via
your Fudluv Account.
5. Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you
have set in such Third Party Accounts, personally identifiable information that you post to your
Third Party Accounts will be available on and through your Fudluv Account on the Platform.
6. Please note that if a Third Party Account or associated service becomes unavailable or our access
to such Third Party Account is terminated by the third party service provider, then SNS Content will
no longer be available on and through the Platform.
7. We will create your Fudluv Account for your use of the Platform services based upon the personal
information you provide to us or that we obtain via an SNS, as described above. You may only
have one Fudluv Account and not permitted to create multiple accounts. If found, you having
multiple accounts, Fudluv reserves right to suspend such multiple account without being liable for
8. You agree to provide accurate, current and complete information during the registration process
and to update such information to keep it accurate, current and complete.
9. We reserve the right to suspend or terminate your Fudluv Account and your access to the Services
(i) if any information provided during the registration process or thereafter proves to be inaccurate,
not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other
10. You are responsible for safeguarding your password. You agree that you will not disclose your
password to any third party and that you will take sole responsibility for any activities or actions
under your Fudluv Account, whether or not you have authorized such activities or actions. You will
immediately notify us of any unauthorized use of your Fudluv Account.
11. Goods and services purchased from the Platform are intended for your personal use and you
represent that the same are not for resale or you are not acting as an agent for other parties.
VI. Bookings and Financial Terms
1. The Platform allows you to place food order bookings and we will, subject to the terms and
conditions set out herein, enable delivery of such order to you.
2. Fudluv do not own, sell, resell on its own and/or do not control the Merchants or the related
services provided in connection thereof. You understand that any order that you place shall be
product availability and delivery location serviceability.
3. As a general rule, all food orders placed on the Platform are treated as confirmed.
4. However, upon your successful completion of booking an order, we may call you on the telephone
or mobile number provided to confirm the details of the order, the price to be paid and the
estimated delivery time. For this purpose, you will be required to share certain information with us,
including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It
shall be your sole responsibility to bring any incorrect details to our attention.
5. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm
any change in the order, due to availability or unavailability or change in price of the order as
informed by the Merchant. Please note change or confirmation of the order shall be treated as final.
It is clarified that Fudluv reserves the right to not to process your order in the event you are
unavailable on the phone at the time we call you for confirming the order and such event the
provisions of the cancellation and refund policy below shall be applicable.
6. All payments made against the purchases/services on the Platform by you shall be compulsorily in
Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with
respect to any other form of currency with respect to the purchases made on Platform. You can pay
by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the
time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand,
accept and agree that the payment facility provided by Fudluv is neither a banking nor financial
service but is merely a facilitator providing an electronic, automated online electronic payment,
receiving payment on delivery, collection and remittance facility for the transactions on the Platform
using the existing authorized banking infrastructure and credit card payment gateway networks.
Further, by providing payment facility, Fudluv is neither acting as trustees nor acting in a fiduciary
capacity with respect to the transaction or the transaction price.
7. You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose
of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us,
which are due to the Merchant, your payment obligation to the Merchant for such amounts is
completed, and we are responsible for remitting such amounts, to the Merchant. You shall not,
under any circumstances whatsoever, make any payment directly to the Merchant for Order
bookings made using the Platform.
8. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect
terms set forth in the applicable menu listing for the particular Merchant. Please note that we
cannot control any amount that may be charged to you by your bank related to our collection of the
total amount, and we disclaim all liability in this regard.
9. In connection with your order, you will be asked to provide customary billing information such as
name, billing address and credit card information either to us or our third party payment processor.
You agree to pay us for the order placed by you on the Platform, in accordance with these Terms,
using of the methods described under clause VII (6) above. You hereby authorize the collection of
such amounts by charging the credit card provided as part of requesting the booking, either directly
by us or indirectly, via a third party online payment processor or by one of the payment methods
described on the Platform. If you are directed to our third-party payment processor, you may be
subject to terms and conditions governing use of that third party’s service and that third party’s
personal information collection practices. Please review such terms and conditions and privacy
policy before using the Platform services. Once your confirmed booking transaction is complete you
will receive a confirmation email summarizing your confirmed booking.
10. The final tax bill will be issued by the Merchant to the Buyer along with the order and Fudluv is
merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates
thereof and the manner of applicability of such taxes on the bill are being charged and determined
by the Merchant. Fudluv holds no responsibility for the legal correctness/validity of the levy of such
taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
11. The prices reflected on the Platform are determined solely by the Merchant and are listed based on
Merchant’s information. Very rarely, prices may change at the time of placing order due to
Merchant changing the menu price without due intimation and such change of price are at the sole
discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical
issue, typographical error or product information supplied by Merchant be incorrectly reflected and
in such an event Merchant may cancel such your order(s).
12. The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to
the Buyers and in no event shall be the responsibility of Fudluv.
13. The transaction is bilateral between the Merchant and Buyer and therefore, Fudluv is not liable to
charge or deposit any taxes applicable on such transaction.
VII. Cancellations and Refunds
i. As a general rule you shall not be entitled to cancel your order once you have received
confirmation of the same. If you cancel your order after it has been confirmed, Fudluv shall
have a right to charge you cancellation fee of a minimum INR 75 upto the order value, with
a right to either not to refund the order value or recover from your subsequent order, the
complete/ deficit cancellation fee, as applicable, to compensate our restaurant and
delivery partners. Fudluv shall also have right to charge you cancellation fee for the orders
cancelled by Fudluv for the reasons specified under clause 1(iii) of this cancellation and
refunds policy. In case of cancellations for the reasons attributable to Fudluv or its
restaurant and delivery partners, Fudluv shall not charge you any cancellation fee.
ii. However, in the unlikely event of an item on your order being unavailable, we will contact
you on the phone number provided to us at the time of placing the order and inform you of
such unavailability. In such an event you will be entitled to cancel the entire order and
shall be entitled to a refund in accordance with our refund policy.
iii. We reserve the sole right to cancel your order in the following circumstance:
a. in the event of the designated address falls outside the delivery zone offered by
b. failure to contact you by phone or email at the time of confirming the order
c. failure to deliver your order due to lack of information, direction or authorization
from you at the time of delivery; or
d. unavailability of all the items ordered by you at the time of booking the order; or
e. unavailability of all the items ordered by you at the time of booking the order; or
i. You shall be entitled to a refund only if you pre-pay for your order at the time of placing
your order on the Platform and only in the event of any of the following circumstances:
a. your order packaging has been tampered or damaged at the time of delivery;
b. us cancelling your order due to (A) your delivery location following outside our
designated delivery zones; (B) failure to contact you by phone or email at the
time of confirming the order booking; or (C) failure to contact you by phone or
email at the time of confirming the order booking; or
c. you cancelling the order at the time of confirmation due to unavailability of the
items you ordered for at the time of booking.
ii. Our decision on refunds shall be at our sole discretion and shall be final and binding.
iii. All refund amounts shall be credited to your account within 3-4 business days in
accordance with the terms that may be stipulated by the bank which has issued the credit
/ debit card.
3. In case of payment at the time of delivery, you will not be required to pay for:
i. orders where the packaging has been tampered or damaged by us;
ii. wrong order being delivered; or
iii. items missing from your order at the time of delivery.
VIII. Terms of service
1. You agree and acknowledge that we shall not be responsible for:
i. The services or goods provided by the Merchant including, but not limited, serving of food
orders suiting your requirements and needs;
ii. The Merchant’s services or goods not being up to your expectations or leading to any
loss, harm or damage to you;
iii. The availability or unavailability of certain items on the menu; or
iv. The Merchant serving the incorrect orders.
2. The details of the menu and price list available on the Platform are based on the information
provided by the Merchants and we shall not be responsible for any change or cancellation or
3. You may not be able to avail our Services if your delivery location is outside our current scope of
Service. We will keep you informed of the same at the time of confirming your order booking.
4. You understand that delivery periods quoted to you at the time of confirming the order is an
approximate estimate and may vary. We will not be responsible for any delay in the delivery of your
5. You order will be only delivered to the address designated by you at the time of placing the order
on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any
change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in
the event of change of the delivery location shall be at our sole discretion.
6. You shall undertake to provide adequate directions, information and authorisations to accept
delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time
due to your failure to provide appropriate instructions, or authorizations, then such goods shall be
deemed to have been delivered to you and all risk and responsibility in relation to such goods shall
pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this
shall be final and binding.
7. You understand that our liability ends once your order has been delivered to you.
8. Services provided:
i. You confirm that we shall not be responsible for any deficiency in payment of
consideration payable towards the goods purchased from the Services.
ii. Each purchase on the Service shall contain necessary instructions to redeem the
other terms as set out in such document confirm such sale of Service. You shall not be
entitled to receive any credit, refund or cash back for the value of the goods sold if you fail
to redeem the goods within the expiry date or in accordance with the terms therein.
iii. You agree and acknowledge that neither us nor the Merchant shall be liable in the event
iv. You might be required to provide your credit or debit card details to the approved payment
gateways while making the payment. In this regard, you agree to provide correct and
accurate credit/ debit card details to the approved payment gateways for availing the
Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in
any transaction, you must use your own credit/ debit card. The information provided by
you will not be utilized or shared with any third party unless required in relation to fraud
verifications or by law, regulation or court order. You will be solely responsible for the
security and confidentiality of your credit/ debit card details. We expressly disclaim all
liabilities that may arise as a consequence of any unauthorized use of your credit/ debit
9. We do not offer any refunds against goods already purchased from the Platform unless an error
that is directly attributable to us has occurred during the purchase of such product or services.
10. We constantly strive to provide you with accurate information on the Platform. However, in the
event of an error, we may, in our sole discretion, contact you with further instructions.
11. If you use the Platform, you do the same at your own risk.
12. You agree that the Services shall be provided by us only during the working hours of the relevant
IX. No Endorsement
accurate 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 other
2. By using the Services, you agree that any legal remedy or liability that you seek to obtain for
actions or omissions of other Members or other third parties will be limited to a claim against the
particular Members or other third parties who caused you harm and you agree not to attempt to
impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
1. 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 Services. If you are under 18
years of age and you wish to download, install, access or use the Platform, your parents or legal
shall immediately discontinue its use. Fudluv reserves the right to terminate your Membership and /
or deny access to the platform if it is brought Fudluv’s notice that you are under the age of 18
2. 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. We
shall at times and at our sole discretion reserve the right to disable any user identification code or
3. As we are providing services in the select cities in India, we have complied with applicable laws of
India in making the Platform and its content available to you. In the event the Platform is accessed
from outside India or outside our delivery zones, it shall be entirely at your risk. We make no
representation that the Platform and its contents are available or otherwise suitable for use outside
select cities. If you choose to access or use the Platform from or in locations outside select cities,
you do so on your own and shall be responsible for the consequences and ensuring compliance of
applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and
4. You shall at all times be responsible for the use of the Services through your computer or mobile
accessing the Platform on your computer or mobile device.
5. You understand and agree that the use of the Services does not include the provision of a
computer or mobile device or other necessary equipment to access it. You also understand and
acknowledge that the use of the Platform requires internet connectivity and telecommunication
links. You shall bear the costs incurred to access and use the Platform and avail the Services, and
we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
6. You agree and grant permission to Fudluv to receive promotional SMS and e-mails from Fudluv or
allied partners. In case you wish to opt out of receiving promotional SMS or email please send a
mail to email@example.com.
7. By using the Platform you represent and warrant that:
i. All registration information you submit is truthful, lawful and accurate and that you agree to
maintain the accuracy of such information.
ii. Your use of the Platform shall be solely for your personal use and you shall not authorize
others to use your account, including your profile or email address and that you are solely
responsible for all content published or displayed through your account, including any
email messages, 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 data privacy, international communications and the transmission of technical or
iii. You will not submit, post, upload, distribute, or otherwise make available or transmit any
content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be
deemed to be stalking or constitute an invasion of a right of privacy of another person; (b)
is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene,
pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal
activity or the discussion of illegal activities with the intent to commit them.
iv. All necessary licenses, consents, permissions and rights are owned by you and there is
no need for any payment or permission or authorization required from any other party or
entity to use, distribute or otherwise exploit in all manners permitted by these Terms of
publicity rights and / or other proprietary rights contained in any content that you submit,
post, upload, distribute or otherwise transmit or make available.
v. You will not (a) use any services provided by the Platform for commercial purposes of any
kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit),
or solicit others (including, without limitation, solicitations for contributions or donations) or
use any public forum for commercial purposes of any kind. In the event you want to
advertise your product or service contact firstname.lastname@example.org.
vi. You will not use the Platform in any way that is unlawful, or harms us or any other person
or entity, as determined in our sole discretion.
vii. You will not post, submit, upload, distribute, or otherwise transmit or make available any
software or other computer files that contain a virus or other harmful component, or
otherwise impair or damage the Platform or any connected network, or otherwise interfere
with any person or entity’s use or enjoyment of the Platform.
viii. You will not use another person’s username, password or other account information, or
another person’s name, likeness, voice, image or photograph or impersonate any person
or entity or misrepresent your identity or affiliation with any person or entity.
ix. You will not engage in any form of antisocial, disrupting, or destructive acts, including
“flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly
understood and used on the Internet.
x. You will not delete or modify any content of the Platform, including but not limited to, legal
notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos,
that you do not own or have express permission to modify.
xi. You will not post or contribute any information or data that may be obscene, indecent,
pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful,
harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory,
untrue or political or contrary to our interest.
xii. You shall not access the Platform without authority or use the Platform in a manner that
damages, interferes or disrupts:
a. any part of the Platform or the Platform software; or
b. any equipment or any network on which the Platform is stored or any equipment
of any third party
8. You release and fully indemnify Fudluv and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions of the Users of the Platform and
specifically waive any claims that you may have in this behalf under any applicable laws of India.
Notwithstanding its reasonable efforts in that behalf, Fudluv cannot take responsibility or control the
information provided by other Users which is made available on the Platform. You may find other
User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use
caution and practice safe trading when using the Platform.
XI. Access to the Platform, Accuracy and security
1. We endeavour to make the Platform available to during Merchant working hours. However, we do
not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or
other harmful components or that such defects will be corrected.
2. We do not warrant that the Platform will be compatible with all hardware and software which you
may use. We shall not be liable for damage to, or viruses or other code that may affect, any
equipment (including but not limited to your mobile device), software, data or other property as a
result of your download, installation, access to or use of the Platform or your obtaining any material
from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
3. We do not represent or warranty that the information available on the Platform will be correct,
accurate or otherwise reliable.
4. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all
users temporarily or permanently at any time without notice. We may any time at our sole discretion
reinstate suspended users. A suspended User may not register or attempt to register with us or use
the Platform in any manner whatsoever until such time that such user is reinstated by us.
XII. Relationship with operators if the Platform is accessed on
1. 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”).
2. Your download, installation, access to or use of the Platform is also bound by the terms and
conditions of the Operator.
not with an Operator, and we, not those Operators, are solely responsible for the Platform and the
4. The license granted to you for the Platform is limited to a non-transferable license to use the
5. We are solely responsible for providing any maintenance and support services with respect to the
Platform as required under applicable law. You and we acknowledge that an Operator has no
obligation whatsoever to furnish any maintenance and support services with respect to the
6. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any
claims of you or any third party relating to the Platform or your possession and/or use of the
Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any
applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or
7. You and we acknowledge that, in the event of any third party claim that the Platform or your
possession and use of the Platform infringes that third party’s intellectual property rights, we, not
the relevant Operator, will be solely responsible for the investigation, defence, settlement and
discharge of any such intellectual property infringement claim.
8. 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 device agreement or
any wireless data service agreement).
9. You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries,
of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce
1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND
FEATURES MAY NOT BE FULLY OPERATIONAL.
2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF
INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION
OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR
INACCURACIES IN THE CONTENT PROVIDED ON 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.
3. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY
UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
4. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM.
WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD
PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN
SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE
WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S
SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD
PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR,
DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU
HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US
WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.
5. FUDLUV DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE
FOOD SAFETY AND STANDARDS ACT, 2006 AND APPLICABLE RULES AND REGULATIONS
MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
6. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE
ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION
CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE
UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR
WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO
PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER
INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE
OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH
7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR
EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS,
CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY
INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA
PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE
MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT 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 SOURCES THEY MAY
HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS
ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF
8. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY
ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN
NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR
RELIANCE ON THE CONTENT CONTAINED HEREIN.
9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION),
RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT
ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
XIV. Intellectual property
1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide,
perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the
intellectual property, in the Platform, and in the material published on it.
2. You may print off one copy, and may download extracts, of any page(s) from the Platform for your
personal reference and you may draw the attention of others within your organisation to material
available on the Platform.
3. You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text.
4. You must not use any part of the materials on the Platform for commercial purposes without
obtaining a licence to do so from us or our licensors.
right to use the Platform will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
XV. Treatment of information provided by you
XVI. Third Party Content
1. We cannot and will not assure that other users are or will be complying with the foregoing rules or
risk of harm or injury resulting from any such lack of compliance.
2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is
other sites, you acknowledge that we are not responsible for those sites. We reserve the right to
disable links to and / or from third-party sites to the Platform, although we are under no obligation to
the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed
binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other
XIX. Governing law and dispute resolution
commenced to resolve any matter arising under or relating to this Platform, shall be subject to the
jurisdiction of the courts at Bangalore, India.
XX. IP Notice and Take Down Policy
1. Fudluv 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 erode Buyer and good Seller trust.
2. Only the intellectual property rights owner can report potentially infringing products or listings
through Taeke Down Policy by way of Notice of infringement in the specified format. If you are not
the intellectual property rights owner, you can still help by getting in touch with the rights owner and
encouraging them to contact us.
(Note: Fudluv does not and cannot verify that Merchants have the right or ability to sell or distribute
their listed products. However, Fudluv is committed ensure that item listings do not infringe upon
intellectual property rights of third parties once an authorized representative of the rights owner
properly reports them to Fudluv.)