This website is operated by Posvat Pvt. Ltd.. Throughout the site, the terms “we”, “us” and “our” refer to Posvat Pvt. Ltd. Posvat Pvt. Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website by the Merchant’s. These products or services may have limited quantities and are subject to return or exchange only according to our Merchant’s Return Policy.
We have made every effort to display as accurately as possible the colors and images of products that appear. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Merchant. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. All the queries/ complaints should be directly dealt with the respective Merchant from whom the product/ service is purchased or obtained, we do not take any responsibility of the same.
We reserve the right to refuse any order you place through our website. We/ Merchant may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the eâ€‘mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by retailers, dealers, resellers, distributors or wholesalers.
You agree to provide current, complete and accurate purchase and account information for all purchases made at through the website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false eâ€‘mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site/ website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Posvat Pvt. Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless www.121directory.com , Posvat Pvt. Ltd.(Our Parent), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@Posvat.com
When you visit www.121directory.com, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on www.121directory.com, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse www.121directory.com.
Additionally when you make a purchase or attempt to make a purchase through www.121directory.com, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
We use the Order Information that we collect generally to fulfill any orders placed through www.121directory.com or subdomains of 121directory or posvat (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen the orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use our subdomains to power our online directory www.121directory.com.
We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site or subdomains), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through subdomains of www.121directory.com or through any subsidiaries of Posvat Pvt. Ltd., we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by eâ€‘mail at firstname.lastname@example.org or by mail using the details provided below:
Posvat Pvt. Ltd.
[Privacy Compliance Officer]
302, 10A, Veer Savarkar Block, Shakarpur, Near Nirman Vihar Metro Station Gate no-2, Delhi-92, India
Please feel free to contact us by email at email@example.com if you require any more information or have any questions about our site's disclaimer.
All the information on this website - www.121directory.com - is published in good faith and for general information purpose only. www.121directory.com does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (www.121directory.com), is strictly at your own risk. www.121directory.com or www.posvat.com will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
By using our website, you hereby consent to our disclaimer and agree to its terms.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
1.3 Rajasthan Restaurant& café L.L.C.
1.3.1 A limited liability company incorporated under the laws of Abu Dhabi, United Arab Emirates with the business license no.
1.3.2 Rajasthan Restaurant& café L.L.C.has developed a system identified by the service mark "rajasthancafe.com" and relates to the establishment and operation of an on line Marketplace concept, referred to as "rajasthancafe.com"; in the business of online e-commerce product ordering and delivery server, and owns the website "rajasthancafe.com" and related E-commerce applications.
1.4 Rajasthancafe.com shall, on behalf of the MERCHANT:
1.4.1 Receive and transmit customers’ orders to the Merchant. with the business license no. [xxxxxx], and registered address Pobox .72535 , Abu Dhabi, UAE]
1.4.2 Accept payments on behalf of the MERCHANT through "rajasthancafe.com" affiliated Debit and/or Credit payment gateways (the “Payment Gateways”).
1.4.3 Provide and deliver Rajasthancafe.com services, whereby "rajasthancafe.com" online marketing place advertises the MERCHANTS business and/or services and/or products to the general public. Further described in the Terms and Conditions.
1.5 ’The MERCHANT’.
1.5.1 The MERCHANT owns and/or operates collectively; Restaurants, Supermarkets, Grocery stores, Pharmacies, Florists, Health and Beauty Salons, and Other businesses together. The MERCHANT agrees and authorises "rajasthancafe.com" to; with the business license no. [xxxxxx], and registered address [Abu Dhabi, UAE]
1.5.2 Receive and transmit customers’ orders to the MERCHANTS named Business.
1.5.3 Accept payments on behalf of the MERCHANT through "rajasthancafe.com" Debit or Credit payment methods and gateways (the “Payment Gateways”).
2.0 Definitions and Interpretations.
2.2 The term “MERCHANT” refers to the subscriber listed in section 1 of this agreement.
2.3 The term “Agreement” refers to this agreement.
2.4 The term “ORDER” refers to the Order placed by the consumer.
2.5 The term “Carrier” refers a third-party delivery provider.
3.0 The Company’s subscribers and terms and conditions.
3.1 This Letter of Agreement shall be governed by, and subject to, GoOrder.com’s terms and conditions which are detailed and available for public viewing on ("rajasthancafe.com") (the “Terms and Conditions”). For clarification purposes, the term “Agreement” as used herein shall collectively refers to this Letter of Agreement and the Terms and Conditions. By signing this Letter of Agreement, the Subscriber agrees to be bound by the Terms and Conditions.
4.0 The MERCHANT receives orders by [Select the appropriate option]:
4.1 Web-Dashboard Integrated to POS : Yes / No
*Dimensions is the preferred POS partner. Other POS solutions can be integrated on case by case basis.
4.2 Merchant App (No Device provided): Yes / No
5.1 If required and agreed, Rajasthancafe.com shall provide to the MERCHANT electronic devices the “Devices”) on a lease basis for the amount as stated in the below table, enabling the Subscriber to use the "rajasthancafe.com" Software and receive Orders.
5.2 In the instance of the electronic devises not being returned to Rajasthancafe.com upon the end-date of the lease, the MERCHANT is obliged to pay the amount of the electronic devices in the full value of the price mentioned in table, regardless of department
6.1 The MERCHANT agrees to pay rajasthancafe a monthly subscription fee of $ 100 on the basis the MERCHANT receives an accumulated amount of 60 orders or more per month.
6.2 In the circumstance the MERCHANT has multiple branches registered and using the services provided by rajasthancafe, each branch is deemed an individual listing.
6.2 In the circumstance the MERCHANT has multiple branches registered and using the services provided by "rajasthancafe.com", each branch is deemed an individual listing.
6.2 The subscription fee explained in 6.1 of this Agreement applies to each of the MERCHANTS individual branches and not a combined calculation or fee.
7.0 Consumer 5% Cashback Scheme
7.1 The MERCHANT agrees to partake into rajasthancafe Consumer Cashback scheme. Detailed as;
7.1.1 Each Order placed by the Consumer has a deduction of 5% from the net order value.
7.1.2Consumer 5% Cashback is held in an e-wallet usable on rajasthancafe platform only.
7.1.3 The Consumer has the right to spend their accumulated 5% Cashback with a MERCHANT of their choosing
7.1.4 In the event the MERCHANT receives an order which is partly paid by the use of the Consumers e-wallet consisting of the 5% Cashback rewards scheme, 5% Cashback is not applicable on the Order.
8.0 Bank Charges and Gateway Fees.
8.1 The MERCHANT accepts to the Bank and Gateway Fees set at 3.5% + AED 1.5 per Order
9.0 Payment methods.
9.1 Available payment methods offered to the consumer to process the consumers order include:
9.1.1 Cash on delivery;
9.1.2 Electronic Payment Mechanism: (credit card/debit card/ net banking transfer and/ or e-wallets); and, Apple Pay or other authorised payment methods set-out by the Governments of the United Arab Emirates.
9.1.3 Redemption of vouchers and/or discount coupons (as applicable) approved by "rajasthancafe.com"
10.0 Payment Settlement Process.
10.1 Payment settlement process for Electronic Payment Mechanism: Any order payment amount which is collected by rajasthancafe.com for, and on behalf of, the Merchant, through the Electronic Payment Mechanism, shall be passed on by rajasthancafe.com to the Merchant within a period of 7 business/ working days from the date of payment of the order payment amount by the Consumer, subject to the deduction of the following amounts by rajasthancafe.com, as applicable.
10.1.1 Flat fee for third party deliveries; if used.
10.1.2 The banks Gateway fees as stated in section 3 of this Agreement.
10.1.3 5% customer Cashback as stated in section 3 of this Agreement
10.2 Payment Settlement for Cash on delivery transactions
10.2.1 Cash on delivery transactions that are completed using third-party delivery drivers will be collected on the Merchants behalf and reconciled with the Merchants account on seven (7) business/working day basis also considering the deduction of third-party delivery fees and the agreed 5% customer Cashback dues.
10.2.2 Cash payments collected by the Merchants own delivery driver solution is kept by the Merchant. The 5% guest Cashback shall be automatically deducted at the time of the consumer placing the order and added to the guests personal e-wallet.
11.0 Third Party Delivery.
11.1 Dependent on the selection made by the MERCHANT, where the MERCHANT has chosen to use third-party delivery drivers, the MERCHANT agrees to the following:
11.1.1 MERCHANT must immediately notify rajasthancafe.com of any eventualities, including unavailability or MERCHANT's inability to connect with the systems of third-party delivery drivers (“Carrier”).
11.1.2 MERCHANT is responsible for preparing the Orders for delivery in a form suitable for collection, transportation, and delivery by the Carrier.
11.1.3 The Carrier will deliver the Order to the applicable address as provided by the MERCHANT. The package shall be up to 10kg & L43cm X W43cm X H43cm for a scooter.
11.1.4 In case of any complaints from a Customer to the Carrier about the quality and quantity of the collected Order, this will be re-directed to the MERCHANT.
11.2 The Orders for Delivery may not include:
11.2.1 Counterfeit goods, products or Orders that are illegal, guns or weapons, living organisms or animals, medical waste, bullion, precious stones, currency, explosives, ammunition, human remains, ivory, narcotics, etc.; or
11.2.2 Goods, products or Orders which have been classified as hazardous, dangerous, prohibited, illegal and/or restricted.
11.2.3 The Carrier may reject a request for taking delivery where the delivery zone is outside the area where the Carrier does not deliver the above.
12.0 Delivery Pricing, Fee and Payment.
12.1 Where the MERCHANT has selected to use a third-party delivery Carrier, the Fee payable shall include the Delivery Charge payable to such third party. Any Delivery Charge payable by the MERCHANT will be paid by the MERCHANT to rajasthancafe.com and rajasthancafe.com will be responsible for paying the Carrier.
12.2 rajasthancafe.com will collect payment for all Orders from its Customers via the use of third party drivers. The MERCHANT authorises rajasthancafe.com to accept all Orders on the MERCHANT’s behalf and authorises rajasthancafe.com to advise Customers that it is authorised to do so and that payment to rajasthancafe.com will discharge the relevant Customer’s payment obligations to the MERCHANT.
12.3 The delivery charges set out by the third-party carrier are to be paid in full by the MERCHANT. This amount shall be deducted from the funds released by Rajasthancafe.comseven (7) business/working days from collection.
12.4 Own Driver Delivery
12.4.1 When delivering the Order by the use of the MERCHANTS own delivery driver/service, the MERCHANT has the option of setting their own delivery fee payable by the consumer. If the method of payment is done so by the form of Electronic Payment Mechanism: (credit card/ debit card), via Rajasthancafe platform, funds will be collected by Rajasthancafe.comand released to the MERCHANT in 7 business/working days from the date of collection.
13.0 Pickup timings:
13.1 Carriers will only wait for up to fifteen (15) minutes at the pick-up location for the Order to be collected.
13.2 If the Carrier has been waiting at the pick-up location for fifteen (15) minutes or more, the Carrier will have no obligations to try and meet the required service levels including the time of delivery.
13.3 A Carrier will only wait for up to fifteen (15) mins at the delivery location for the Customer.
13.4 If the Customer is unavailable to take possession of the Order within fifteen (15) minutes, the Carrier will return the Order to where it was collected from and Carrier will be entitled to charge the MERCHANT the relevant Fees as if the delivery had been completed as a result of the Carrier returning the Order to where it was collected from.
14.0 Cancellation or Rescheduling.
14.1 Any requests for cancellation or rescheduling must be done via the rajasthancafe.com or Call Centre by selecting cancel within the MERCHANTs order history and are subject to the following terms:
14.1.1 If a Carrier has not yet been assigned to collect the Order by the time MERCHANT requested to cancel or reschedule it, MERCHANT may cancel or reschedule the request without charge;
14.1.2 If a Carrier has already been assigned to collect the Order and has either (i) already arrived at MERCHANT’s collection location or (ii) the request to collect was made more than fifteen (15) minutes before MERCHANT requested to cancel or reschedule it, MERCHANT will be charged the relevant Fee as if the delivery had been completed;
14.1.3 If a Carrier cannot complete a delivery due to an incorrect address, the Order exceeding the weight and/or dimension restrictions for the mode of transport selected, and/or for any other reason, the request to deliver will be canceled and MERCHANT will be charged the relevant Fee as if the delivery had been completed.
15.0 Online and Offline Settings:
15.1 The MERCHANT may use “Offline Mode “only when they are unable to fulfil the Orders due to temporary lack of logistics fleet, or where there is a need to stop the delivery of an Order due to any emergency, or where the delivery is outside the usual operating hours of the MERCHANT Outlet
15.2 The MERCHANT may enable the “Offline Mode “only for a maximum of 1 hour at a time.
15.3 rajasthancafe.com will contact the MERCHANT whenever the MERCHANT is in “Offline Mode“ for more than an hour and turn the Outlet to “Online Mode” after this one hour unless otherwise agreed by the Parties to maintain “Offline Mode “
15.4 The MERCHANT shall not use “Offline Mode “during the Outlet’s peak hours unless otherwise agreed between the Parties. The Parties acknowledge and agree that a breach of this clause shall constitute a material breach of the Agreement.
16.0 Termination of the agreement.
16.1 rajasthancafe.com may terminate this agreement unilaterally at any time. Further details are provided in rajasthancafe.coms Terms and Conditions.
16.2 The Merchant has the right to terminate this Agreement granted 30 days written notice has been provided.
17.1 This Agreement shall be effective from the date first written on page 1 of this agreement and shall remain in full force and effect for a period of 1 year. The term of the Agreement shall automatically extend at the end of the initial term for a series of similar terms, unless either Party gives written notice of non-renewal to the other party, not later thirty (30) days before the end of the initial term (or subsequent terms).
18.1 No amendment, variation or supplement to this Letter of Agreement shall be effective unless it is in writing and signed by both Parties.
Any notice or other communication to be served under or in connection with this Agreement shall be made in writing and, unless otherwise stated, served in person or by post, fax or any electronic method approved by Parties to the relevant Party at its address or fax number shown immediately after its name on the signature page of this Agreement or such other address or number notified by it to the other Parties to this Agreement.
19.2 Effective Service.
Any notice or other communication served by registered post, personally or by courier will, unless otherwise stated, be effective on delivery if delivered to the relevant address. A notice or other communication sent by fax or any other electronic method will be effective when received in legible form.
19.3 Proof of Service.
In proving service of any notice or other communication it will be sufficient to prove:In the case of a letter, that such letter was properly stamped, addressed and placed in the post or in thecase of personal delivery, was left at the correct address; and In the case of an email or fax transmission,that email or fax was duly transmitted to the email or fax number, as appropriate, of the addressee referred to in Clause 1 of this Agreement.
19.4 Language of Communication.
Any notice given under or in connection with this Agreement will be in English.
20.1 Rights Cumulative.
The rights, powers and remedies provided for in this Agreement are cumulative and shall not exclude any other rights, powers and remedies provided by law.
No failure by either Party to exercise or any delay by either Party in exercising any right or remedy under this Agreement shall operate as a waiver of such right or remedy, nor shall any single or partialexercise of any right or remedy prevent any further or other exercise of such right or remedy or the exercise of any other right or remedy.
20.3 Entire Agreement.
This Agreement contains the whole agreement between the Parties relating to the transactions contemplated herein and supersedes all previous agreements between the Parties relating to the same transaction.
If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of this Agreement, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction, shall in any way be affected or impaired.
This Agreement shall be binding on the Parties, their respective successors and permitted assigns, heirs and/or legal representatives.
Neither Party may assign or transfer any of its rights or obligations under this Agreement without the written consent of the other Party.
20.6 Third parties.
Except as otherwise expressly provided in this Agreement, the terms of this Agreement may be enforced only by a party to it.
Notwithstanding any term of this Agreement, no consent of a third party is required for any termination or amendment of this Agreement.
This Agreement may be executed in any number of counterparts and all those counterparts taken together shall be deemed to constitute one and the same instrument.
21.0 Governing Law and jurisdiction.
21.1 Governing Law.
This Agreement and any non-contractual obligations arising out of or in connection with it are governed by the laws of the Emirate of [Abu Dhabi] and the federal laws of the UAE.
21.1.1 The Courts of [Abu Dhabi] have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement) (a "Dispute").
21.1.2 The Courts of [Abu Dhabi] are the most appropriate and convenient courts to settle Disputes and accordingly no Party will argue to the contrary.
22.1 This Agreement was executed by the duly authorised representatives of the Parties on the date set out above. In witness thereof, the Parties have duly executed this Agreement as of the date first above written.