Any contract/agreement must comply with the laws of the nation. Otherwise, they will be held ultra-vires according to the law. Compliance with the laws becomes very important to run a business. The aforementioned legal requirements must be met and the necessary authorizations must be considered mandatory. Both the user and the food delivery platform must comply with all the laws and regulations of the country in which they live, while accessing and using the services. In its agreement, each FDP will declare that it will provide online meal ordering services by removing contractual agreements with restaurants in principle for the purposes of listing their food and beverages for online ordering by FDP users (“Restaurant Partners”). Users can access the restaurant`s partners` list of meals and drinks listed on FDP and place orders against the restaurant`s partners via the Food Delivery Platform, which the restaurant partner may or may not accept at its discretion. iii. The user agrees to declare that you have the right to transmit your login information to us to the third party account and/or to authorize the FDP to access your third party account (including, but not limited to, use for the purposes described herein), without breaching the terms governing your use of the relevant third party account and without requiring them to pay fees or restrict our use. I submit it. by these third parties.
The FDP must indicate that the delivery of an order placed by the user via FDP can be made either directly by the partner of the restaurant against which the user placed the order, or by the FDP by third parties (“restaurant partners”) available for the provision of delivery services to the user (“delivery partner”). In both cases, the FDP is only an intermediary between the user and the delivery partners or.dem users and the restaurant`s partners. vi) Any material downloaded or obtained through the use of the Services is carried out at its discretion and at its own risk by the User, and the User is solely responsible for any damage to the User`s computer system or other device or any loss of data resulting from the downloading of such Materials. The parties to the FDP are not parties to or in any way responsible for monitoring transactions between the user and third parties of products or services. This is a special clause that is rarely used/seen in other contracts. This is due to the fact that, in other contracts, the general terms and conditions are usually agreed upon by mutual agreement between the parties. However, the EULA (End User License Agreement) does not allow each user to negotiate terms with the provider. This clause is therefore essential to exempt the provider of these services from liability. As is known under section 11 of the INDIAN CONTRACT ACT, 1972, “a person who has attained the age of majority and a sound mind and who has not been disqualified by law” is fit for the contract. For this reason, the signing of the general conditions of such a service is an authorization clause. It becomes the duty of the installer to read, analyze and accept the terms of such a contract. The FDP is not responsible for the actions or omissions of the supplier or restaurant partner, including, but not limited to, service men, improper delivery of the order, delay in the order, handling of the order package, etc.
ii. Membership is limited and subject to the terms and conditions and is strictly non-transferable. As part of the functionality of the Platform Services, one may link the FDP Account to third-party accounts, i.e.: 10) Use of License Aspects: The Food Delivery Platform grants the User a personal, limited, non-exclusive, non-transferable license to access and use the Services only in accordance with the terms of the Agreement. . . .