TERMS AND CONDITIONS
1. INTRODUCTION
Welcome to HUNT app, which is owned by Xhunt Technologies Pvt Ltd (“HUNT” or “we”).
HUNT´s mission is to raise awareness of food waste and reduce food waste countrywide by making surplus food available for consumers.
We provide a way for the end user (“Customer”) to communicate his or her reservations for surplus food items (“Products”) at food stores, restaurants, supermarkets, bakeries, hotels, cinema halls, etc. (“Stores”) displayed on our platform (the “Service”).
These terms and conditions (“Terms”) apply to any reservation and sale of the Products which are carried out via app (“Platform”) or our website.
When placing a Reservation Order (as defined below), the Customer accepts these Terms and thus, the Customer is required to review the Terms thoroughly before the Customer places an order on the Platform.
HUNT’s privacy policy, as available at all times on the Platform, shall form an integrated part of these Terms and shall be automatically accepted upon acceptance of these Terms.
2. HUNT CONCEPT
The Products are made available for reservation on the Platform, and Customers may reserve the Products by placing a Reservation Order (as defined below) on the Platform.
The Products are reserved by the Customer when HUNT confirms through a Reservation Confirmation (as defined below).
Once a Customer reserves a Product and the Store accepts the Reservation, the Customer commits to be present at the Store, while the Store commits to offer the Products for sale, as specified herein. Both parties have a right of cancellation as defined below.
HUNT is solely arranging the sale of Products on the Platform on behalf of a Store, and there shall be no contractual relationship between HUNT and the Customer with regard to the Products or the sale of Products. HUNT has no responsibilities in respect of the Products or fulfilment of the agreement between the Store and the Customer.
HUNT is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Store and is thus merely acting as a payment agent on behalf of the Store.
3. ACCEPTANCE
When placing an order on the Platform, the Customer confirms:
By accepting these Terms, the Customer accepts to receive all relevant information in English. Furthermore, the Customer accepts that all agreements between the Customer and HUNT and any related information necessary for conducting the Services are stored by HUNT in accordance with HUNT’s privacy policy.
Furthermore, by accepting these Terms, the Customer accepts to receive emails and text messages related to any orders placed by the Customer. This is required by HUNT in order to ensure that the Customer receives all essential notifications related to the order.
HUNT reserves the right to revise and amend the Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the Customer placed the order.
4. HUNT’S CONTACT INFORMATION AND CUSTOMER SERVICE
Xhunt Technologies Pvt Ltd
138, 4Th Avenue
Durgapura, Jaipur
Rajasthan, India
5. PRODUCT AND PRODUCT INFORMATION
HUNT is exclusively arranging the contract between the Customer and the Store and HUNT has no responsibilities in respect of the Products or fulfilment of the contract between the Store and the Customer.
HUNT does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. HUNT has no responsibility for the fulfilment of the contractual obligations towards the Customer regarding the Products, including the manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products, and the compliance with applicable legislation, including with respect to the above, unless HUNT is explicitly designated as the manufacturer or seller of the Product on the Platform.
The Customer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Products before making the reservation. There may be instances where the Platform is not updated and where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, HUNT is of no liability. It is the Stores that are responsible for providing information about the Products and to ensure that it is factually accurate and up-to-date. HUNT does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Products.
“Flash Deals and time-bound discounts are subject to availability. Hunt does not guarantee availability until the order is confirmed. Prices may change or expire if not completed within the deal window.”
If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Store directly before ordering. The Store’s contact information will appear on the Platform. The Customer may always cancel the Reservation Order, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.
Upon Pick-up, the Store shall provide the Customer with information regarding list of ingredients, allergens and other labelling related information regarding the Product. Any Products purchased via the HUNT Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. HUNT will not assume any liability for Customers’ adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Store.
HUNT is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.
6. RESERVATION OF PRODUCTS
Location of Stores (with products to sell) can be found in the app. If the Customer has allowed the app to use location services, the app will track the Customer’s location and the Map will show stores near the Customer. Once the Customer has selected the Store and Product, the Customer will be given the opportunity to add the products in his or her cart and pay to reserve the items.
The referenced Stores are the ones who are active on the Platform.
The supply of Products on the Platform is only an invitation to the Customer to place a reservation.
A reservation order made by the Customer via the Platform (“Reservation Order”) is considered an offer by the Customer to the Store to purchase a Product.
The Reservation Order shall be accepted by the Store upon Pick-up and, hence, the reservation shall be final and binding upon the Store and Customer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights due to the nature of the Concept, as described in clause 7 below.
7. RESERVATION CONFIRMATION
Upon receiving the Reservation Order, HUNT will begin processing it by sending the reservation to the relevant Store. HUNT will notify the Customer, that the Reservation Order has been received (“Reservation Confirmation”) and is being processed. Please note that any confirmation page that the Customer may visit on the Platform merely indicates that the reservation has been received and is being processed and does not mean that the reservation has been accepted by the Store
The Reservation Confirmation should be saved by the Customer. The Reservation Confirmation will contain information regarding the reservation placed by the Customer.
Please note that the Reservation Confirmation does not mean that the reservation is accepted, but is merely a confirmation of receipt of the Reservation Order.
8. RETURN, REFUND & CANCELLATION
HUNT’s concept is to avoid waste of food and other products and therefore, if the Store has no Products in excess, the Store may cancel the Reservation Order within 15 minute of getting an order. In this case, the Customer will receive a cancellation notification from HUNT or the Store via email and/or SMS/and or a notification from the Platform provided that the contact information provided to HUNT is correct, and that the Customer has agreed to receiving such notifications. In this case, The full amount paid will be refunded to the Customer.
Since the Products are perishable goods and since HUNT’s concept is to avoid waste of food and other products, the Customer can only cancel the Reservation Order within 15 minute of placing the order. 10% amount of order value will be deducted towards platform/booking fee and rest amount will be refunded to customer. If customer cancel the order after 15 minute of placing the order OR do not pick up the order, no amount will be refunded.
However, the Customer may request HUNT to cancel the Order at the time of Pick-up, if the cancelation is due to ingredients, quality, quantity or other labelling related information regarding the Product.
The decision to use the right to cancellation shall be communicated by the Customer to HUNT via the customer-care link in the Platform. If the Customer cancels the Reservation order outside of the rights set out above, the Customer will not be entitled to refund.
Refunds, where applicable, may take 5–7 business days to reflect in your account, depending on your payment provider.
9. PICK-UP
Products reserved on the Platform must be picked-up by the Customer at the stated pick-up address (“Pick-up”). Pick-up time will normally be within 5–30 minutes, but may vary depending on Store operations.”. Store description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Reservation Confirmation as well. If the Customer arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the Store’s guests. Be aware that if the Customer arrives too late, the Store may be closed and/or the Product may be unavailable.
Since the Products are perishable goods and since HUNT’s concept is to avoid waste of food and other products, the Store is entitled to sell the Product to another customer if the Customer does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation. In this event, HUNT is entitled to charge the Purchase Price (as defined below) from the Customer.
Upon Pick-up, the Customer shall show his or her Reservation Confirmation (OTP) in the HUNT app to the Store’s employees, after which they will confirm the details and hand out the Products reserved. It is the Customer’s responsibility to share the OTP shown in the app with Store. The Customer is required to make sure that the Products and number of Products handed out correspond to the Customer’s reservation.
10. PRICE
All prices are indicated in INR and is including applicable tax but may exclude any online payment administration charges, unless otherwise is specified.
Any fees related to the order and payment will be calculated and listed when the Customer places the Reservation Order.
Any value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food.
11. PAYMENT
The Customer can pay with several brands of debit and credit cards as well as other payment methods made available on the Platform.
If using credit or debit card, the Customer must enter his or her card number, the expiration date and the security code when placing a Reservation Order.
Upon placing a Reservation Order, the amount stipulated by the Store for the Products (“Purchase Price”) is authorized or reserved at the Customer´s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the Customer´s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to Customer.
The Purchase Price is collected by HUNT from the Customer on behalf of the Store. HUNT may amend, modify or restructure the payment procedure for its Customers, as it deems reasonable.
HUNT does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.
If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.
By accepting these Terms, the Customer accepts the method of payment set out above and acknowledges and agrees that HUNT is not responsible or liable to the Customer in relation to the above.
12. RIGHT OF COMPLAINT
In case of a complaint concerning a Product, the Customer shall address the complaint to the Customer Service of HUNT before considering any other action. HUNT will handle all as HUNT deems correct and any decision by HUNT regarding the Product is entirely up to HUNT.
In the event that the intervention of HUNT is not to the satisfaction of the Customer, these Terms do not limit the means available to the Customer to resolve the dispute it has with the Store under statutory law. All complaints are handled exclusively by HUNT.
The Customer shall verify the content of the Products upon receipt.
In case of a complaint, the Customer shall contact HUNT via the customer care link on the Platform and provide the requested information and information about the Products and why the Customer is unsatisfied. After receiving the complaint, HUNT will process the complaint in cooperation with the Store if relevant and the Customer will receive a reply from HUNT within 10 business days.
In case the Customer is not satisfied with HUNT’s reply, the Customer may submit a complaint to the relevant consumer protection authority.
13. CUSTOMER REVIEWS
In particular, (but without limitation), any reviews that the Customer submits through the Platform may not:
HUNT does not control, modify or edit any reviews posted, except that HUNT is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.
The reviews contained on the Platform are for information purposes only and do not constitute advice from HUNT. Reviews reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, HUNT assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.
HUNT is entitled to store the reviews.
The Customer will not receive compensation or benefits from making reviews through the Platform.
There may be a delay between the filing of the review and the publishing hereof.
14. CUSTOMER BEHAVIOR
Customers are requested to show respect for the Store´s guests and personnel, as well as HUNT ´s personnel.
The Customer is informed that in case of inappropriate behavior towards the Store, the other customers of the Store or HUNT, or if the Customer commits a crime against or in the Store in connection with the Service, or violates the code of conduct rules of the Store or HUNT or any other similar behavior, HUNT may, in particular after complaints made by the Store, ban, exclude or suspend the Customer from the Platform and the Services. The intervention of HUNT does not deprive the Store of the means and rights at its disposal to obtain possible reparations.
15. LIMITATION OF LIABILITY
HUNT shall not be liable for losses arising out of or in connection with (i) matters for which an Store bears the responsibility, (ii) faults of third parties or through non-attributable interruption of availability of the Platform; (iii) orders by Customers made using fraudulently obtained payment data or other contractual data (e.g. the “phishing” of credit card data, identity theft etc.); (iv) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (v) similar events as set out under (i) – (iv).
HUNT is not liable for any changes in menu or pricing at the restaurant.
HUNT is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside HUNT’s control. Such circumstances may be but is not limited to disruptions in the operation of HUNT and/or the Store as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
HUNT shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. This also applies in respect to product liability.
16. INTELLECTUAL PROPERTY
The Customer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:
Except as stated in this clause16, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without HUNT’s prior written permission.
17. GOVERNING LAW
These Terms (and any reservation and purchase of Products made hereunder) are subject to the laws of India. The court of Jaipur shall have the jurisdiction.
Any dispute arising out of or in connection with these Terms shall – where such dispute cannot be settled amicably – be subject to the exclusive Jurisdiction of the courts at Jaipur, Rajasthan.