Terms of service

TERMS OF SERVICE

FoodKarts — Online Food Delivery Platform

  • Effective Date: June 6, 2025
  • Last Updated: June 6, 2025
  • Owner: Pradip Sah
  • Brand & Marketing: Unidive Group
  • Website: foodkarts.in
  • Service Areas: Oodlabari, Damdim, Bagrakote, Wasabari (West Bengal, India)

1. INTRODUCTION

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Customer", "you") and FoodKarts ("we", "us", "our", "Platform"), owned and operated by Pradeep Sah, with marketing and branding registered under Unidive Group.

By accessing or using the FoodKarts website at foodkarts.in, placing an order, or using any service offered through the platform, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the platform.

These Terms are governed by and construed in accordance with the laws of India, including but not limited to:

  • The Information Technology Act, 2000 and its amendments
  • The Consumer Protection Act, 2019
  • The Food Safety and Standards Act, 2006
  • The Indian Contract Act, 1872
  • The Payment and Settlement Systems Act, 2007
  • The Personal Data Protection framework under applicable Indian law

2. ELIGIBILITY

2.1 You must be at least 18 years of age to use FoodKarts. By using this platform, you represent and warrant that you are 18 years or older.

2.2 If you are under 18, you may only use the platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.3 FoodKarts is available only to residents and persons physically located within the serviceable areas of Oodlabari, Damdim, Bagrakote, and Wasabari, West Bengal, India. Orders placed outside these areas will not be accepted.

2.4 You represent that all registration and order information you submit is truthful, accurate, and complete, and you agree to maintain the accuracy of such information.

3. ACCOUNT REGISTRATION

3.1 To place orders on FoodKarts, you may be required to register an account by providing your name, mobile number, delivery address, and other required details.

3.2 You are solely responsible for maintaining the confidentiality of your account credentials, including your password and OTP.

3.3 You agree to immediately notify FoodKarts at our contact details if you suspect any unauthorized use of your account.

3.4 FoodKarts shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3.5 We reserve the right to suspend or terminate your account at any time if we reasonably believe that the account is being misused, or if you are in violation of these Terms.

4. SERVICES PROVIDED

4.1 FoodKarts is an online food ordering and delivery platform that connects customers with local restaurants, food stalls, and vendors ("Restaurant Partners") operating within the serviceable areas.

4.2 FoodKarts acts as an intermediary marketplace and facilitator of transactions between customers and Restaurant Partners. We are not the manufacturer, preparer, or seller of the food items listed on the platform.

4.3 The actual preparation and quality of food items is the sole responsibility of the respective Restaurant Partner.

4.4 FoodKarts reserves the right to add, modify, suspend, or discontinue any service or feature on the platform at any time without prior notice.

4.5 Availability of specific restaurants, menu items, and delivery slots may vary depending on location, time, and operational conditions.

5. ORDERING AND PAYMENT

5.1 Placing an Order: By placing an order on FoodKarts, you make a binding offer to purchase the selected items at the listed prices. The order is confirmed only when you receive an order confirmation from the platform.

5.2 Pricing: All prices listed on the platform are in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise. Delivery charges, if any, will be displayed clearly before order confirmation.

5.3 Payment Methods: FoodKarts accepts the following payment methods:

  • Cash on Delivery (COD)
  • UPI (Unified Payments Interface) including PhonePe, Google Pay, Paytm
  • Debit and Credit Cards (Visa, Mastercard, RuPay)
  • Net Banking

5.4 Payment Security: All digital transactions on FoodKarts are processed through secure, PCI-DSS compliant payment gateways. FoodKarts does not store your card or UPI credentials on its servers.

5.5 Failed Transactions: In case of a failed payment where the amount has been debited from your account, it will be refunded to the original payment source within 5–7 working days in accordance with RBI guidelines.

5.6 Price Changes: FoodKarts and Restaurant Partners reserve the right to modify prices at any time. The price displayed at the time of order confirmation shall be the final applicable price.

5.7 GST and Taxes: All applicable taxes, including Goods and Services Tax (GST) as mandated under the GST Act, 2017, will be applied to food orders as per the rates prescribed by the Government of India.

6. DELIVERY POLICY

6.1 FoodKarts provides delivery services within the areas of Oodlabari, Damdim, Bagrakote, and Wasabari only.

6.2 Estimated delivery times displayed on the platform are approximate and may vary due to factors including but not limited to restaurant preparation time, traffic, weather conditions, and order volume.

6.3 FoodKarts shall not be held liable for delays caused by circumstances beyond our reasonable control, including natural calamities, bandh, strikes, road blockages, or other force majeure events.

6.4 It is your responsibility to ensure that a correct and complete delivery address is provided. FoodKarts shall not be responsible for failed deliveries due to incorrect or incomplete address information provided by you.

6.5 If you are unavailable at the time of delivery, our delivery partner will attempt to contact you. If contact cannot be established within a reasonable time, the order may be cancelled and no refund will be issued for prepaid orders unless specified otherwise.

6.6 Risk of loss and title to the food items passes to you upon delivery to the address provided.

7. CANCELLATION AND REFUND POLICY

7.1 Cancellation by Customer:

  • You may cancel your order within 5 minutes of placing it, provided the Restaurant Partner has not yet accepted or begun preparing the order.
  • Once the Restaurant Partner has accepted the order or begun preparation, cancellation may not be possible.
  • Cancellations after food preparation has begun will not be eligible for a refund.

7.2 Cancellation by FoodKarts or Restaurant Partner:

  • FoodKarts or the Restaurant Partner may cancel an order due to unavailability of items, non-serviceable address, operational issues, or reasons beyond control.
  • In such cases, a full refund will be processed to your original payment source within 5–7 working days.

7.3 Refund Eligibility: Refunds may be considered in the following circumstances:

  • Incorrect items delivered
  • Missing items in the order
  • Food arrived in a significantly damaged or inedible condition
  • Order not delivered but payment was collected

7.4 Refund Process: To raise a refund request, you must contact FoodKarts within 30 minutes of delivery with a description and, if possible, photographic evidence of the issue.

7.5 Non-Refundable Situations:

  • Change of mind after order placement
  • Incorrect address provided by customer
  • Refusal to accept the delivery
  • Dissatisfaction with taste, as food quality is subjective and the responsibility of the Restaurant Partner

7.6 All approved refunds will be credited to the original payment method within 5–7 working days.

8. FOOD SAFETY AND RESTAURANT PARTNERS

8.1 All Restaurant Partners listed on FoodKarts are required to comply with the Food Safety and Standards Act, 2006 and applicable regulations under the Food Safety and Standards Authority of India (FSSAI).

8.2 FoodKarts is not responsible for any foodborne illness, allergic reactions, or health issues arising from the consumption of food ordered through the platform. Users with food allergies or dietary restrictions are advised to contact the restaurant directly before ordering.

8.3 FoodKarts does not independently verify the nutritional information or ingredient details provided by Restaurant Partners. Such information, if displayed, is provided by the Restaurant Partners themselves.

8.4 FoodKarts reserves the right to remove any Restaurant Partner from the platform for violations of food safety standards, customer complaints, or any breach of our partner agreement.

9. USER CONDUCT

9.1 By using FoodKarts, you agree NOT to:

  • Provide false, misleading, or fraudulent information during registration or order placement
  • Use the platform for any unlawful purpose or in violation of any applicable Indian law
  • Harass, abuse, or threaten our delivery partners, restaurant staff, or customer support team
  • Attempt to gain unauthorized access to any part of the platform or its systems
  • Use automated bots, scrapers, or any unauthorized tool to access the platform
  • Engage in any activity that disrupts or impairs the functioning of the platform
  • Post or transmit any defamatory, obscene, or offensive content in reviews or communications
  • Place fraudulent orders with no intent to pay or receive delivery

9.2 Any violation of this clause may result in immediate termination of your account and, where applicable, legal action under the Indian Penal Code, 1860, the Information Technology Act, 2000, or other applicable laws.

10. INTELLECTUAL PROPERTY

10.1 All content on the FoodKarts platform, including but not limited to the brand name "FoodKarts", logo, taglines, design, graphics, text, and software, is the exclusive intellectual property of Pradeep Sah and Unidive Group.

10.2 The marketing, branding identity, and visual design of FoodKarts are registered under and managed by Unidive Group. Unauthorized reproduction, distribution, or use of any brand material is strictly prohibited.

10.3 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for the purpose of placing food orders for personal use.

10.4 You may not copy, reproduce, republish, upload, modify, transmit, or distribute any content from the platform without prior written permission from FoodKarts.

10.5 Any feedback, suggestions, or ideas you provide to FoodKarts may be used by us freely without any obligation of compensation or attribution.

11. PRIVACY POLICY

11.1 FoodKarts is committed to protecting your personal data in accordance with applicable Indian data protection laws and the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

11.2 The personal information collected from you includes name, mobile number, delivery address, email address, order history, and payment details. This information is collected solely for the purpose of providing delivery services, processing payments, and improving user experience.

11.3 FoodKarts does not sell, rent, or share your personal data with third parties for marketing purposes without your explicit consent.

11.4 Data may be shared with Restaurant Partners and delivery personnel only to the extent necessary to fulfill your order.

11.5 You have the right to request access to, correction of, or deletion of your personal data by contacting us.

11.6 FoodKarts uses industry-standard security measures including SSL encryption to protect your data from unauthorized access.

12. LIMITATION OF LIABILITY

12.1 FoodKarts, its owner Pradeep Sah, and Unidive Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform or the services provided.

12.2 Our total liability to you for any claim arising out of or related to these Terms shall not exceed the amount paid by you for the specific order that gave rise to the claim.

12.3 FoodKarts shall not be liable for:

  • Acts or omissions of Restaurant Partners
  • Quality, safety, or legality of food items
  • Delay or failure in delivery due to force majeure
  • Technical failures, outages, or interruptions to the platform
  • Unauthorized access to your account due to your own negligence

12.4 Nothing in these Terms shall limit liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, as such limitations are not permissible under Indian law.

13. GRIEVANCE REDRESSAL

13.1 In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000, FoodKarts has designated a Grievance Officer to address complaints and concerns.

13.2 Grievance Officer: Name: Pradeep Sah Platform: FoodKarts Website: foodkarts.in Designation: Owner & Grievance Officer

13.3 Any grievance related to the platform, orders, refunds, data privacy, or any other matter must be submitted in writing. We shall acknowledge the grievance within 48 hours and resolve it within 30 days of receipt, in compliance with applicable laws.

13.4 If your grievance is not resolved satisfactorily, you may escalate the matter to:

  • The National Consumer Helpline (NCH) at 1800-11-4000
  • The Consumer Forum under the Consumer Protection Act, 2019
  • The FSSAI for food safety related complaints

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of India.

14.2 Any dispute, claim, or controversy arising out of or relating to these Terms or the use of FoodKarts shall first be attempted to be resolved through mutual negotiation and good faith discussions within 30 days of the dispute arising.

14.3 If the dispute cannot be resolved amicably, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties.

14.4 The seat and venue of arbitration shall be Jalpaiguri District, West Bengal, India. The language of arbitration shall be English.

14.5 Subject to the above arbitration clause, the courts of Jalpaiguri, West Bengal shall have exclusive jurisdiction over any matters arising out of these Terms.

15. CHANGES TO TERMS

15.1 FoodKarts reserves the right to modify, update, or revise these Terms at any time at our sole discretion.

15.2 Any changes will be effective immediately upon posting the revised Terms on the platform with an updated "Last Updated" date.

15.3 Continued use of the platform after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

15.4 If the changes are material, FoodKarts will make reasonable efforts to notify users via the platform or via the contact information provided during registration.

16. TERMINATION

16.1 FoodKarts reserves the right to suspend or terminate your access to the platform at any time, with or without cause, and with or without notice.

16.2 Upon termination, your right to use the platform will immediately cease. Any outstanding orders at the time of termination may be cancelled.

16.3 You may terminate your account at any time by contacting FoodKarts through the platform.

16.4 Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, limitation of liability, and governing law clauses.

17. MISCELLANEOUS

17.1 Entire Agreement: These Terms, along with the Privacy Policy and any other policies posted on the platform, constitute the entire agreement between you and FoodKarts with respect to the subject matter herein.

17.2 Severability: If any provision of these Terms is found to be invalid or unenforceable under Indian law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver: Failure by FoodKarts to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of FoodKarts. FoodKarts may freely assign its rights and obligations.

17.5 Language: These Terms are written in English. In case of any inconsistency between any translated version and the English version, the English version shall prevail.

18. CONTACT INFORMATION

For any questions, concerns, or notices under these Terms, please contact:

FoodKarts Owner: Pradeep Sah Brand & Marketing: Unidive Group Website: foodkarts.in Service Areas: Oodlabari, Damdim, Bagrakote, Wasabari, West Bengal, India

By using FoodKarts, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

© 2026 FoodKarts. All rights reserved. Brand and marketing rights registered under Unidive Group.