Updated at 5th January 2021
This agreement (“Agreement”) is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
Acceptance of Terms
This Agreement govern your use of our website https://hanchens.com/ (the "Website") and "Hanchens" application for mobile (the "App"). The Website and the App are jointly referred to as the "Platform".
The Platform is owned and operated by CloudRelish Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at Gurgaon, India. For the purpose of this Agreement, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Hanchens", "we", "us" or "our" shall mean CloudRelish Private Limited.
Hanchens enables transaction between buyers / you and restaurant partners on its Platform. Wherein the restaurant partners can list / offer its products / food items and buyers at its discretion can place order by opting delivery at home service or by self-pick up. When you place an order, we re-direct your order to payment gateway page, who enables you to complete your transaction safely and securely in accordance with applicable laws. In order to perform delivery of your orders, we avail services of Delivery Captains or third-party service provider to pick up and deliver your Orders at your notified address which is within Hanchens Serviceable Area. In the entire aforesaid transaction, the limited role of Hanchens is that of an intermediary.
The relationship between Hanchens and Restaurant Partner; Hanchens and Delivery Captains; Hanchens and Payment Gateways is on a principal-to-principal basis only and not an employer – employee, or of an agent.
Under no circumstances shall Hanchens team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Hanchens team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Hanchens will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
Hanchens grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement. You are agreeing to be bound by this Agreement. If you do not agree to the terms & conditions of this Agreement, please do not use the Hanchens Platform. If you violate any of the terms & conditions of this Agreement, Hanchens reserve the right to cancel your account or block access to your account without notice.
For this Agreement:
You agree not to, and you will not permit others to:
Cancellation and Refund Policy
Cancellations initiated by Customer
As a general rule, you shall not be entitled to cancel the order once you have received confirmation of the same from the restaurant, which generally happens in a few minutes of placing the order. You must notify Hanchens immediately if you decide to cancel your order via chat, and should mandatorily provide your correct & complete order reference number and contact number. If the restaurant accepts your cancellation, no cancellation fee will be applied. If the restaurant refuses cancellation, (e.g. preparation of order placed by you is started to get prepared, has been completed and/or delivery captain has already been allocated/ dispatched), we will not be able to refund any order if the cancellation is still insisted.
Do note, Cancellations are subject to Customer’s previous cancellation history, and Hanchens reserves the right to deny any refund to Customer pursuant to a cancellation initiated by Customer even if the same is accepted by Restaurant. This can also be followed by suspension of Customer account, if found mis-using Hanchens Cancellation / refund policies, or as may be necessary and at the sole discretion of Hanchens.
Cancellations initiated by Restaurant Partner
Your order may be cancelled under below circumstances-
If the restaurant is not accepting your order or is closed / unavailable for reasons beyond Hanchens control. In such an event, we will either cancel the entire order, and you shall be entitled to full refund to your source account, in accordance with our refund policy, which may take upto 4 business days to refund. In such an unlikely event of an item on your accepted order being unavailable / run out of stock at the restaurant, we will contact you through Chat or the phone number provided to us and inform you of such unavailability. You will also be provided with a proposed replacement for the missing item. In such an event, we will either modify the order or cancel the entire order, as per your request and you shall be entitled to refund for cancelled items to your source account, in accordance with our refund policy, which may take upto 4 business days to refund starting from the date when the Refund has been accepted by the restaurant and approved by Hanchens.
In the unlikely event that the restaurant provides wrong item’s, incomplete item’s, the quality of food / packaging is poor; Hanchens should have been informed immediately upon receiving the order. Hanchens shall co-ordinate and settle the matter on your behalf with the restaurant partner, post receiving your complaint along with picture (as applicable) and in some cases also arrange reverse pick up of your food for the restaurant to investigate. You shall be fully refunded for the missing item or order (as applicable in such case) for which the customer has paid for, and only if the restaurant agrees for the same. All refunds will be assessed on a case-to-case basis by Hanchens and Hanchens decision on refunds shall be final and binding on the customer. Refund will be processed to your source account, in accordance with our refund policy, which may take upto 4 business days to refund starting from the date when the Refund has been accepted by the restaurant and approved by Hanchens. Hanchens connects the restaurant partner with customers and vice-versa. We take pride in helping the restaurants in growing their business and the customers in ordering from their favourite / nearby restaurants, thus being a mere facilitator in the seller and buyer transactions. In case of complaint/s related to any fake, adulterated, poor quality product provided to the customer, the liability shall solely lie with the restaurant partner selling the product on Hanchens platform. We take these complaints with utmost seriousness and shall reserve the right to take appropriate action or to report such incidents to the concerned authorities for appropriate legal actions.
Specific Conditions not within the scope of Refunds:
It is our endeavour to offer you best services, in most transparent manner. We wish to list out certain scenarios, however, the same is not an exhaustive list when Hanchens may not be liable to provide / extend any refund:–
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Hanchens with respect to the app shall remain the sole and exclusive property of Hanchens. Hanchens shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Hanchens Platform services. The Hanchens Platform services may contain links to other websites not operated or controlled by Hanchens. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Changes to Our Terms & Conditions
You acknowledge and agree that Hanchens may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Hanchens sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Hanchens when you stop using the Service. You acknowledge and agree that if Hanchens disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our app
Hanchens reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.
Updates to Our app
Hanchens may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the app. You agree that Hanchens has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that Hanchens shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Hanchens does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Hanchens. Hanchens may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Hanchens, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer. Termination of this Agreement will not limit any of Hanchens's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Hanchens and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Hanchens, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Hanchens provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Hanchens nor any Hanchens's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Hanchens are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Hanchens and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app.
To the maximum extent permitted by applicable law, in no event shall Hanchens or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Hanchens or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Hanchens reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Hanchens.
The Agreement constitutes the entire agreement between you and Hanchens regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Hanchens. You may be subject to additional terms and conditions that apply when you use or purchase other Hanchens's services, which Hanchens will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Hanchens, its licensors or other providers of such material and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Hanchens, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Hanchens INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Hanchens concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Hanchens must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: email@example.com . Hanchens will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Hanchens will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Hanchens may commence arbitration.
If you and Hanchens don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act (As amended from time to time). Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Hanchens without any compensation or credit to you whatsoever. Hanchens and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Hanchens may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Hanchens is not responsible for any content, code or any other imprecision. Hanchens does not provide warranties or guarantees. In no event shall Hanchens be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Hanchens reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Hanchens Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Hanchens is a distributor and not a publisher of the content supplied by third parties; as such, Hanchens exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Hanchens Service. Without limiting the foregoing, Hanchens specifically disclaims all warranties and representations in any content transmitted on or in connection with the Hanchens Service or on sites that may appear as links on the Hanchens Service, or in the products provided as a part of, or otherwise in connection with, the Hanchens Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Hanchens or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Hanchens does not warrant that the Hanchens Service will be uninterrupted, uncorrupted, timely, or error-free.
Don't hesitate to contact us if you have any questions. Feel free to chat with us from Web / My Orders section of the app after placing your order.