Terms of Service

Introduction

A. This website www.pepperjacksfood.in (Website) and mobile application 'Pepper Jacks Food' (App) (Website and App collectively referred to as the "Platform") is operated and managed by Pepper Jacks Food Private Limited (CIN: U56102UP2025PTC225540). The term Company shall collectively and individually refer to Pepper Jacks Food Private Limited which operates and manages the Platform for undertaking retail business with respect to food delivery in Bengaluru and other cities as may be added from time to time.

B. These terms of use ("Terms") govern Your use of the Platform, and for the purpose of these Terms the Company may wherever context so require, be also referred to as, "Pepper Jacks Food", "We", "Us", or "Our" and the terms "You", "Your" or "User" refer to user of the Platform. We value the trust You place in Us. That's why, We maintain reasonable security standards for securing the transactions and Your information.

C. Please read these Terms carefully before You use the Platform. If You do not agree to these Terms, You may not use the Products and Services on the Platform, and We request You to uninstall the App. By even merely using/accessing the Platform, You shall be contracting with Pepper Jacks Food and You signify Your acceptance to these Terms and other Pepper Jacks Food policies (including but not limited to the cancellation & refund policy of the Company and published privacy policy ('Privacy Policy')) as posted on the Platform and amended from time to time.

D. Pepper Jacks Food retains an unconditional right to modify or amend these Terms. You can determine when these Terms were last modified by referring to the "Last Updated" legend above. Your continued use of and access to the Platform shall be Your consent to such changes.

1. Products and Services

1.1. You acknowledge that the Platform allows You to purchase/avail the following Products/Services including:

1.2. The Company may, at its discretion, add, modify, or remove any of the Products and/or Services listed above from time to time without notice. The Company reserves the right to provide the supplies in any area or city in India, as may be determined by the Company in its sole discretion. The Company provides last mile delivery of Products by itself and/or by engaging third party pick-up and delivery service providers.

1.3. The Company does not: (i) adopt any 'unfair trade practices' either on the Platform or otherwise with respect to the Products and Services; (ii) discriminate between Users of the same class or make any arbitrary classification of the Users; or (iii) discriminate between the third-party delivery service providers.

2. Eligibility to Use

2.1. The supplies are not available to minors i.e., persons under the age of 18 (eighteen) years, undischarged insolvent, or to any Users who are not competent to enter into a contract under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract, (ii) not a person barred from receiving the supplies from the Platform under the applicable laws; and (iii) competent to enter into a binding contract. If You are under the age of 18, You shall use and access the Platform only with the express consent of a parent or guardian and under their supervision.

2.2. You will not discriminate against third-party delivery service providers based on race, religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination shall render you ineligible, leading to suspension of access to the Platform.

3. User Account, Password, and Security

3.1. In order to access the supplies on the Platform, You will have to register and create an account on the Platform by providing details as may be required in the Privacy Policy ("Account").

3.2. You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If the information provided by You is untrue, inaccurate, unauthorized, not current, or incomplete, Pepper Jack's Food reserves the right to refuse any and all the supplies.

3.3. You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities that take place on Your Account. You agree to immediately notify Pepper Jack's Food of any unauthorized access of Your Account.

4. Payment Related Information

4.1. The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process. We accept UPI, credit/debit cards, digital wallets (Paytm, PhonePe, Google Pay), and cash on delivery.

4.2. To the extent permitted by applicable law, You acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways (such as Razorpay), to process payments and manage payment card information.

4.3. By providing Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate applicable law.

4.4. The Company shall not be responsible for any unauthorized transactions conducted on the Platform using Your Payment Details. The Company shall not be obligated to refund any money to You in such instances.

5. Prices of Products

5.1. The ownership of the Products is transferred to You upon delivery of Products at the address/location specified by You.

5.2. The prices of each of the Products may vary due to various factors and You may check the price on the Platform before placing an order. All the Products listed on the Platform will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at a discounted price unless otherwise specified.

5.3. The Users will be informed about all the charges, fees, and costs (including delivery fee, packaging charges, platform fee, etc.) that may be levied on the purchase of the Products on the Platform at the checkout page during a transaction.

6. Delivery, Delivery Fee, and Delivery Time

6.1. Last mile delivery services are part of sale of Products purchased by You on the Platform. The Company shall provide delivery of the Products upon purchase during such time period as communicated to You through the Platform. We aim to deliver within 10 minutes, however, the exact delivery time may vary due to various factors such as demand, traffic and weather conditions, force majeure events, etc.

6.2. The delivery of the Products will be made to the delivery address specified by You while placing the order. You are solely responsible for providing a complete and correct delivery address. The Company shall not be responsible for any delay caused due to incorrect or incomplete address provided by You.

6.3. If You request to leave a delivery unattended at Your address, You expressly disclaim the Company from all liabilities which may arise by virtue of the Products being left unattended.

6.4. In the event You opt to make payment for the Products by 'Cash on Delivery (CoD)' mode, the Company shall have the right to refuse delivery if You fail to make the complete payment and shall treat such order as cancelled.

7. Returns, Cancellations, and Refunds

8. Food Safety and Quality

8.1. All food products sold on the Platform are prepared in our FSSAI-certified micro-kitchens following strict food safety and hygiene protocols. The Company maintains the highest standards of quality control across all three brands.

8.2. You agree and understand that the Product images are representations of the Product and not actual images. You shall read the physical product information before consumption. WHILE EVERY REASONABLE EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT PACKAGING MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM.

8.3. Company reserves its right to refuse to process transactions by Users with a prior history of questionable transactions or breach of any agreements without giving any reasons.

9. Use of Platform

9.1. Subject to compliance with the Terms, the Company hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform.

9.2. You agree that the Platform or any portion thereof shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purposes.

9.5. You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:

• Belongs to another person and to which the User does not have any right
• Is defamatory, obscene, pornographic, invasive of privacy, or objectionable
• Is harmful to child
• Infringes any patent, trademark, copyright, or other proprietary rights
• Violates any law for the time being in force
• Contains software virus or malicious code
• Is patently false and untrue, with intent to mislead

10. Intellectual Property Rights

10.1 The Platform and the processes, including but not limited to all text, graphics, user interfaces, visual interfaces, logos, and trademarks (collectively, the "Content") on the Platform is licensed to or owned by the Company and is protected by copyright, patent and trademark laws.

10.2 The trademarks, logos and service marks displayed on the Platform including "Pepper Jack's Burgers", "Milli's Home Kitchen", "Dessert Lab" and "Pepper Jack's Food" ("Marks") are the property of the Company. You are not permitted to use the Marks without the prior consent of the Company.

11. Disclaimer of Warranties & Liability

11.1 You expressly understand and agree that, to the maximum extent permitted by applicable law:

11.1.1 The Platform and other Content are provided by the Company on an "as is" basis without warranty of any kind. The Company makes no warranty that the Platform will be uninterrupted, timely, secure, or error-free.

11.1.2 Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account.

11.1.3 The Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access.

12. Indemnification and Limitation of Liability

12.1 You agree to indemnify, defend and hold harmless Pepper Jack's Food and its affiliates, officers, directors, employees, and third party partners from any claims arising out of Your use of the Platform, violation of these Terms, or violation of any rights of another.

12.2 In no event shall the Company be liable to You for any special, incidental, indirect, consequential, or punitive damages whatsoever arising out of or in connection with Your use of the Platform.

13. Violation of Terms & 14. Suspension and Termination

13.1 You agree that any violation by You of these Terms will cause irreparable harm to the Company.

14.1 The Terms will continue to apply until terminated by either You or the Company. You may close Your Account or stop accessing the Platform at any time.

14.2 The Company may disable Your access or terminate Your Account if it believes You have violated any term of these Terms or acted unethically.

15. Governing Law and Jurisdiction

15.1 These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bengaluru, India.

16. Grievance Redressal Mechanism

16.2 The Grievance Officer shall endeavor to acknowledge User grievances within 48 hours of receipt and redress the same within 30 (thirty) days of receipt of such request.

17. Communications

17.1 You hereby expressly agree to receive communications by way of SMS, telephone calls, messaging app like WhatsApp on the registered mobile phone number and/or electronic communications like e-mails from the Company.

17.2 You can unsubscribe or opt-out from receiving promotional communications from the Company. However, the Company will continue to send transactional communications solely required for the purposes of availing the supplies.

18. General Provisions

18.1 Notice: All notices from the Company will be served by email to Your registered email address or by messaging app on the registered mobile phone number or by general notification on the Platform.

18.2 Assignment: You cannot assign or transfer any rights granted hereunder to any third party. The Company's rights under the Terms are freely transferable.

18.3 Severability: If any provision of the Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force.

18.4 Force Majeure: The Company shall not be liable for failure to perform due to causes beyond its reasonable control, including acts of God, fires, wars, strikes, earthquakes, floods, pandemic, epidemics, or regulatory restrictions.

19. Intellectual Property Infringement

19.1 If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at legal@pepperjacksfood.in.

19.2 Your notice must include:

• The intellectual property being infringed with proof of ownership
• The item infringing and its location on the Platform
• Your contact details (address, telephone, email)
• A statement that You believe in good faith the use is unauthorized
• A statement under penalty of perjury that information is accurate
• Your physical or electronic signature

20. Advertisements

20.1 As part of the supplies, We may facilitate third party advertisers to place advertisements on the Platform. You understand that content by Third Party Advertisers is not endorsed by the Company and we disclaim any liability for such content.

20.2 Third Party Advertisers acknowledge that advertisement content should not be misleading or in violation of applicable law or guidelines issued by the Advertising Standards Council of India.

20.3 If You believe third party advertisement content is inappropriate or violates applicable law, please write to us at support@pepperjacksfood.in.