Vallavan Emporium- Terms and Conditions – V01 – March 2025

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.vallavanemporium.com website and Vallavan Emporium application for mobile and handheld devices.

Terms and Conditions

These terms and conditions shall govern the use of our website www.vallavanemporium.com (hereinafter referred to as “the website”) and our “Vallavan Emporium” application for Mobile phones and handheld devices (hereinafter referred to as “the App”). The website and the App shall also be jointly referred to as “the Platform”. The users are required to read the Terms and Conditions carefully before the usage of our services. If you do not agree with these Terms and Conditions, you may kindly not use the services on the platform and we also kindly request you to uninstall the App. By downloading and installing or even merely using the Platform, you shall be enter into a contract with Vallavan Emporium and you signify your acceptance to this terms and Conditions and other Vallavan Emporium polices (including but not limited to the privacy policy, refund and cancellation policy and offers policy) as posted on the Platform and amended from time to time, which shall take effect from the on which you use the platform after being published in the Platform, and shall create a legally binding agreement to abide by the same.
The Platform is owned and operated by Vallavan Emporium and having its registered office at Vallavan Emporium (Company Address). For the purpose of these Terms of Use, 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 "Vallavan Emporium", "we", "us" or "our" shall mean Vallavan Emporium.
Vallavan Emporium enables transactions on its Platform between participating restaurants/merchants and users, dealing in prepared food and beverages (hereinafter referred to as "the Platform Services"). The users can choose and place orders (hereinafter referred to as "Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries and grocery stores (hereinafter referred to as "the Merchants"), on the Platform.
Vallavan Emporium enables delivery of such Orders at select localities of serviceable localities across Tamil Nadu (herein after referred to as "the Delivery Services") by connecting third party service providers i.e. delivery partners (hereinafter referred to as "the DPs”) who will be responsible for providing the delivery services and completing Tasks initiated by the Merchants. The Vallavan Emporium is merely acting as an intermediary between the Users, the Merchants and/or DPs for the Delivery Services.

DPs are individual entrepreneurs engaged with Vallavan Emporium on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. DPs are free to determine their timings of work. Vallavan Emporium does not exercise control on the DPs and the relationship between the DPs and Vallavan Emporium does not constitute a principal and agent and/or employee and employer.

For the pickup and delivery services, DPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes) determined on the basis of various factors including but not limited to distance to be covered, time taken, demand for delivery services, traffic and weather conditions or such other parameters as may be determined from time to time.
Terms of use of the Platform and its services
- The users of the platform, delivery partners and the Merchants shall create a profile in the platform by providing details such as Name, age, address, profile picture and such other details as may be required from time to time. The data provided by the users, delivery partners and the Merchants shall be governed by the privacy policy of Vallavan Emporium as it may be published on the Platform from time to time.
- The Merchants upon registering on the Platform shall provide the list of goods/services offered by them for sale and the price for the same. The Merchants are liable for maintaining the availability of the said goods/services from time to time and Vallavan Emporium shall not be liable for any default of the Merchant in updating the availability of the said product.
- The users shall register themselves on the platform and are at liberty to choose from the list of merchants available and to place their desired order through the platform. Upon placing an order, the user and the Merchant enter into a bipartite contract for supply of the said goods/services. The Vallavan Emporium shall not be a party to the above contract and acts only as an online facilitator.
- The users shall be solely responsible to verify the genuineness of the merchant and the platform in no way guarantees the genuineness of the merchant or the quality of the goods/services provided by the merchant. In case of deficiency in the quality of the goods/services offered by the merchant including but not limited to non-availability of the goods/services, misrepresentation of the goods/services and/or quality of the goods/services.
- The platform shall not be liable for the non-performance of the contract between the user and the Merchant including but not limited to unsatisfactory performance of the contract, damage goods, delays and/or unavailability of the goods/services. Vallavan Emporium does not provide any guarantee/warranty for the goods/services provided by the Merchants
- Upon placing an order on the platform, the users shall also enter into a bipartite contract with the DPs. Vallavan Emporium shall not be involved in the above contract. Vallavan Emporium only acts as an online facilitator connecting the users with the DPs. The DPs shall be solely liable for maintaining their availability on the platform. Vallavan Emporium shall not be responsible for any deficiency in the service provided by the DPs and/or non-performance of the contract by the DPs. Vallavan Emporium does not provide any guarantee/warranty for the services provided by the DPs
- Vallavan Emporium only acts as an online marketplace and only assumes the role of a facilitator between the Merchants, users and the DPs. During the entire process of the users placing orders, the merchants accepting the same and DPs delivering the same, Vallavan Emporium does not hold any right, title or interest over the goods/services and Vallavan Emporium does not take possession of the goods/services during the entire process. Vallavan Emporium shall not have any obligations or liabilities in respect of the contract entered into between the users, the Merchants and/or the DPs.
- The Vallavan Emporium shall act as a platform for communication between the users, the merchants and the DPs. In case of any complaints by the users we shall strive to communicate the same to the Merchants and/or the DPs and to obtain a satisfactory solution and if the same is not possible then we shall connect the users directly with the merchant or the DPs.
  - Use of the website and Apps
    The terms of usage of the website ‘www.vallavanemporium.com’ and the mobile applications shall be governed by these conditions for usage including other terms and conditions mentioned in this document
    - You shall not provide the personal details of another person for which you do not have right to;
    - You shall not post any content which is obscene, defamatory, libelous, slanderous, inciting criminal and/or illegal activities, hate speech, inciting racial and/or communal violence including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    - You shall not post any content which is misleading and misrepresenting in any way;
    - You shall not involve in transmitting any content which may be considered as spam, junk message;
    - You shall not promote any goods or service which is illegal and/or immoral;
    - You shall not post the content for which copyright belongs to another person and for which you do not have any right to;
    - You shall not violate any law for the time being in force;
    - You shall adhere to the provisions of the Information Technology Act, 2000 and the rules made thereunder;
    - You shall not obtain unauthorized access to any part of the platform or systems connected to the platform. You shall not harm or attempt to harm the platform or any of the systems connected to the platform;
    - You shall not attempt to access the database of the details of the users, merchants and DPs maintained in the Platform;
    - You shall not transmit any message and/or represent yourself to be a part of the platform and use the name “Vallavan Emporium” in a manner which tarnishes or dilutes the trademark and good will of the company;
    - Your consent to allow us to use the information supplied by you, without violating any laws for the time being in force, your also grant us a non-exclusive, world-wide, perpetual, royalty-free, sub-licensable right to copyright the data provided by you and any database created based on the information provided. The usage of the information provided by you shall be in accordance with these terms and conditions and Privacy Policy applicable to the platform;
    - The merchants shall be responsible for providing accurate and true description and name of the goods proposed to be sold by you. You undertake to not misrepresent and/or mislead any person based on the information provided by you;
    - We reserve the right to monitor the content posted on the platform. Vallavan Emporium shall have the right to remove or edit the content at its sole discretion, if it is determined that the content is violative of any law in force or either the letter or spirit of these Terms and Conditions. You are solely responsible for the content posted by you on the Platform and in your private messages. The content posted by any user does not reflect the views of Vallavan Emporium. Vallavan Emporium shall not have any responsibilities or liability for the content posted on the platform. You shall bear all the liabilities for the content posted on the platform by you;
    - Vallavan Emporium shall have the right to claim damages for any act done by you which is violative of any law or violative of these terms and conditions.
7. Account Registration
- Any person can access the platform and the services offered by registering themselves as users by creating an account in the platform. The users shall provide following information for the purpose of creating an account on the platform:
  - Name of the user
  - Age of the User
  - Gender of the User
  - Address of the User
  - Mobile number of the User
  - E-mail ID of the User
- No person shall create more than one account and if any user is found violating this condition all of their accounts will be suspended with immediate effect;
- The goods and services purchased from the platform shall be for the personal use and consumption of the said user and are not intended for resale.
Booking of orders:
- The Merchant shall post the goods and services provided by them on the platform. The merchant shall also indicate the price against each of the goods/services provided by them;
- The users upon logging into the platform may select their desired Merchant and choose their desired goods and/or services from the list of displayed goods/services;
- The users can only book goods/services only from one merchant at a time. But the users can place multiple orders after completing each order process;
- The users shall select the place at which they want the goods/services to be delivered;
- The process of the booking an order is said to be complete only when the user completes the payment for the order.
- Terms of Payment
- The users shall have the option pay cash on delivery for the goods/services;
- The users shall pay the DPs the entire consideration for the supply of goods/services;
- The DPs shall deposit the amount so collected before logging out of the platform for the day at Vallavan Emporium;
- The Merchants shall be paid at the end of each day their share of the days sale after deducting a portion as per their agreement with the Platform;
- If the user fails to pay for the goods/service provided by them, the merchant and the DPs shall have the right to recover the amount from the user through proper legal action and we shall assist them by providing necessary information and assistance in the said legal proceedings and the said user shall also be banned from accessing the platform;
Cancellation and Refund
Kindly refer to the cancellation and refund policy for cancellation and refund terms in relation to the usage of the Platform and availing its services.
Delivery
- The Delivery Partners and independent entrepreneurs who provide the service of delivering the order placed by the users to the merchants on the platform. The DPs shall set their own working hours and timings;
- Once the users place the orders on the platform a delivery partner who is available and nearby to the place of business of the merchant shall be assigned for the task;
- The delivery charges will be fixed based on the distance between the place of business of the Merchant and the place of delivery provided by the user by road, tentative time taken to reach the place of delivery and the traffic and weather conditions at the time of delivery;
- The DPs shall be solely responsible for the delivery of the goods/services to the users. In case of any delay or deficiency in the service provided by the DPs;
- We shall only act as a facilitator in providing resolution for the delay or deficiency of service provided by the DPs;
- The time taken for delivery of the goods/services shall be subject to the traffic and weather conditions present at the time of delivery.
No endorsement
- We shall never make endorsement for any of the merchants. We do not attempt to confirm the information provided by the merchants. Therefore, we shall not be liable for any damage or harm resulting from misinformation provided by the Merchants;
- Upon usage of the platform, you agree that in case the user seeks any legal remedy against the activity of the Merchants and/or the DPs, Vallavan Emporium shall not be liable for the actions of the Merchants and/or the DPs. You specifically agree to exclude Vallavan Emporium from any legal claims with respect to acts or omissions of the Merchants and/or the DPs.
Amendments These Terms and Conditions are subject to amendments and modifications. We reserve the right to modify or change these Terms and Conditions and other Vallavan Emporium policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms and Conditions and the other Vallavan Emporium policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms and Conditions and other Vallavan Emporium policies. As long as you comply with these Terms and Conditions, Vallavan Emporium grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Vallavan Emporium policies (including but not limited to the privacy policy, refund and cancellation policy and offers policy) as may be posted on the Platform from time to time.
General Terms and Conditions
- Any persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc., are not eligible to use the Platform and its services. Only individuals above 18 years of age are eligible for use of the Platform and its services. Vallavan Emporium reserves the right to terminate your membership and/or deny access to the platform if it is brought to the notice of Vallavan Emporium that the user is below the age of 18 years.
- It shall be the responsibility of the user to treat your unique login credentials including passwords and any other piece of information that we provide as part of our security measures, as confidential information and not to disclose the same to any person or entity. We reserve the right to restrict or disable the access to the platform for any user who has violated the provisions of these terms and conditions;
- You shall be solely responsible for informing any person who accesses the platform through their mobile device or computer of these terms and conditions and other policies of Vallavan Emporium;
- You shall be responsible for any charges towards access of the internet for utilizing the platform and the services provided thereon;
- You provide consent to receive promotional SMS and e-mails from Vallavan Emporium or allied partners. In case you wish to opt out of receiving promotional SMS or email kindly send an email to Vallavan Emporium.
- By using the platform, you represent and warrant that:
  - All the information provided by you during the time of registration is truthful and accurate and agree to update the same in case of any change;
  - You shall not allow any other person to access the platform through your login credentials. You shall be solely responsible for all content posted from your login credentials;
  - You shall not post, upload, distribute or otherwise make available any content that is defamatory, libelous, harassing, threatening, hateful, offensive, violent, vulgar, obscene, pornographic, illegal or encourages illegal activities;
  - You own the necessary licenses, consents, permissions and rights to use the content posted by you and no payment is required to be made for the usage and exploitation of the trademarks, copyrights contained in the content posted by you.
  - You shall not use the service provided by the platform for commercial purpose of any kind and you shall not advertise or sell any products using the trademark and copyrights of Vallavan Emporium without prior consent.
  - You shall not use the platform in any way that is unlawful, or harmful to us or any other person or entity, as determined in our sole discretion
  - You will not post or upload or otherwise transmit any file that may contain a virus or other harmful component or otherwise damage the Platform or interfere with any person or entity’s use or enjoyment of the platform;
  - You shall not discriminate against any Merchants, Users or DPs based on race, religion, caste, nationality, disability, sexual orientation, sex, age or any other criteria which is deemed to be unlawful under the prevailing laws. Upon receiving credible proof of such discrimination, the user shall lose access to the platform.
  - You shall not modify or delete any content of the platform which you do not own or have express permission to do so.
  - You shall not access the Platform in manner which causes damage to the Platform, its software or any equipment connected to the network containing the platform.
- You agree to release and fully indemnify Vallavan Emporium and/or any of its officers and representatives from any cost, damage, liability or other consequence of any actions of the Users of the Platform, Merchants and/or DPs and waive any claims that you may have in this behalf under any applicable laws of India.
Disclaimers
- The platform shall periodically be under regular updates and some functions and/or features may not be fully operational;
- Due to the limitations on the information to be provided from multiple sources, there may be some delay, omissions or inaccuracies in the content posted on the platform or delay or errors in the functions of the Platform. Therefore, we do not represent that all the information provided on the platform is correct in every scenario;
- You hereby disclaim and waive any rights and claims you may have against us with respect to goods/services provided by the Merchants/DPs;
- Vallavan Emporium disclaims all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the Merchant or the DPs;
- While the content posted on the platform was provided by the respective Merchants and they are solely responsible for the accuracy of the information provided by them. We do not provide any guarantee or warranty, express or implied with respect to professional qualifications, expertise, quality of work or other information herein. We and/or our employees do not endorse any merchant or brands and the Merchants shall be solely liable for all the information provided by them;
- We shall not be liable for any loss or injury arising out of any information provided on the platform by any user. In no event will we or any of our employees, affiliates or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained in the Platform.
- We shall not be liable for any damages including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death and damages resulting from lost profits, lost data or business interruption resulting from any goods/service provided by any third part or merchant accessed through the platform, whether based on warranty, contract and whether or not we are advised of the possibility of such damages.
Intellectual property
- We are either the owners of the intellectual property rights or have a non-exclusive, perpetual, irrevocable, royalty free, sub-licensable right to exercise the intellectual property, in the Platform and in the material published on it including but not limited to user interface, layout format, order placing process flow and any other content thereof;
- You recognize that Vallavan Emporium is the registered owner of the logo including but not limited to its variants (IPR). You shall not directly or indirectly violate the intellectual property rights. You shall not apply for licensed marks and any names or logos derived from or confusingly similar to our licensed marks and any variations thereof, or any translation or transliteration thereof in another language. If you become aware or acquired knowledge of any infringement of our IPR you shall report the same by email to care@vallavanemporium.com with the relevant information;
- You may not print off, copy or download any part of the Platform in breach of these Terms and conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Treatment of information provided by you
We process the information provided by you in accordance with our Privacy Policy.
Severability
In an event where these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or India, then to the extent and withing the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing law and dispute resolution
These Terms and Conditions are governed by the laws of India. Any action, suit or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the Courts at Tenkasi, Tamil Nadu, India.
Grievance Redressal
Grievance Officer/Nodal Officer

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020 the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Mr.

Vallavan Emporium

Reg Office: ______________________________

Phone: _____________________

Email: ___________________

Time: Monday - Friday (9:00 - 18:00)

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