Terms and Conditions

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website/Mobile app/mobile app. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
 

  • Section 1: Introduction We are SMARTQ, a brand of Bottle Lab Technologies PVT LTD, unless otherwise stated.
  • Section 2: Definitions
    • 2.1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
    • 2.2. "Privacy Policy" means the policy displayed on our Website/Mobile app which details how we collect and store your personal data;
    • 2.3. "you", "your" and "yours" are references to you the person accessing this Website/Mobile app and ordering any Goods or Services from the Website/Mobile app or from any other channel provided by SMARTQ;
    • 2.4. "we", "us", "our", and "SMARTQ" are references to the Company;
    • 2.5. "Goods" is a reference to any goods which we may offer for sale from our Website/Mobile app from time to time;
    • 2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website/Mobile app;
    • 2.7. "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
    • 2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility; and
    • 2.9. "Website/Mobile app" is a reference to our Website/Mobile app https://www.thesmartq.com or our mobile applications on which we offer our Goods or Services.
  • Section 3: Ordering
    • 3.1. Any contract for the supply of Food Delivery from this Website/Mobile app is between you and the Participating Restaurant; for the supply of Goods or Services from this Website/Mobile app any contact is between you and SMARTQ. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    • 3.2. Food Delivery, Goods and Services purchased from this Website/Mobile app are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
    • 3.3. When ordering from this Website/Mobile app you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
    • 3.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website/Mobile app.
    • 3.5. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant.
    • 3.6. If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to SMARTQ. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS).
    • 3.7. In the case that Goods offered by SMARTQ were ordered, SMARTQ will confirm availability together with or separately from Food Delivery.
    • 3.8. The confirmation message will specify delivery details specified by the Participating Restaurant
    • 3.9. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
  • Section 4: Prices and Payment
    • 4.1. Any contract for the supply of Food Delivery from this Website/Mobile app is between you and the Participating Restaurant; for the supply of Goods or Services from this Website/Mobile app any contact is between you and SMARTQ. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    • 4.2. All prices listed on the Website/Mobile app are correct at the time of publication and have been input as received by the restaurant;  While we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. . We also reserve the right to alter the Goods or Services available for sale on the Website/Mobile app and to stop listing restaurants, Goods or Services.
    • 4.3. All prices listed on the Website/Mobile app for Food Delivery by the Participating Restaurant or a delivery partner listed on the Website/Mobile app reflect the price the Participating Restaurant or the third party provider charges at the time of listing. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time. 
    • 4.4. All prices for delivery by SMARTQ or a third party provider assigned by SMARTQ listed on the Website/Mobile app are correct at the time of publication, however, we reserve the right to alter these in the future
    • 4.5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website/Mobile app when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment on the Website/Mobile app, by online payment, e.g. credit or debit card.
  • Section 5: Cancellation
    • 5.1. Order once placed on the platform cannot be cancelled. In case of non availability of item at the counter/restaurant, cancellation shall be initiated. Once cancellation is initiated, it may take up-to 7-10 working days for the refund to reflect in your bank account.
  • Section 6: Information
    • 6.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
    • 6.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you.
    • 6.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
  • Section 7: Linked Sites There may be a number of links on our Website/Mobile app to third party Website/Mobile apps which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Website/Mobile apps or the Services or Goods that they may provide to you.
  • Section 8: Complaints We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to support@thesmartq.com.
  • Section 9: Limitation of Liability
    • 9.1. Great care has been taken to ensure that the information available on this Website/Mobile app is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website/Mobile app will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website/Mobile app and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    • 9.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from consumption of any food or beverages from a Participating Restaurant/Counter.
    • 9.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
    • 9.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website/Mobile app.
    • 9.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
    • 9.6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
    • 9.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website/Mobile app or for any products or services purchased from us.
    • 9.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
    • 9.9. In the event SMARTQ has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, SMARTQ may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, SMARTQ reserves the right to seek compensation from any and all violators.
    • 9.10. Offers are subject to SMARTQ's discretion and may be withdrawn at any time and without notice.
  • Section 10: General
    • 10.1. All prices are in INR.
    • 10.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
    • 10.3. We may alter or vary the Terms and Conditions at any time without notice to you.
    • 10.4. Payment must be made at the time of ordering the Food Delivery, Goods or Services from us by credit card/Debit card/netbanking
    • 10.5. Do not use or launch any automated system or program in connection with our Website/Mobile app or its online ordering functionality;
    • 10.6. Do not collect or harvest any personally identifiable information from the Website/Mobile app, use communication systems provided by the Website/Mobile app for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website/Mobile app with respect to their submissions to the Website/Mobile app, or publish or distribute any vouchers or codes in connection with the Website/Mobile app, or scrape or hack the Website/Mobile app.
    • 10.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website/Mobile app, these Terms and Conditions shall prevail.
    • 10.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    • 10.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
    • 10.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
    • 10.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
    • 10.12. All images shown are for illustration purpose only. Actual serving may vary.