Customer Terms & Conditions

CTRLX Technologies Private Limited

Please read these terms and conditions carefully before using our food delivery service.

Table of Contents

Introduction

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

Thank you for using Ownly!

  1. These Terms and Conditions ("T&Cs") intend to make the consumer ("Consumer"/ "You"/ "Your") aware of Your legal rights and responsibilities with respect to Your access to and use of Our website and mobile application operating under the brand name "Ownly" (together, "Platform"), owned and operated by CTRLX Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 3rd Floor, Sai Prithvi Arcade, Megha Hills, Sri Rama Colony, Madhapur Hyderabad, Telangana, 500081, India ("Company" / "Us"/ "We"/ "Our"), for ordering food, beverages and related products ("Order/s") listed on our Platform by various restaurant partners ("Restaurant Partners") ("Services").
  2. Please read the T&Cs carefully. By accessing or using the Platform, You agree to the T&Cs and this concludes a legally binding contract with Us and/or Our affiliates. Please do not use the Platform if You do not accept the T&Cs.
  3. Your use of the Platform is at Your own risk.

Eligibility

  1. You hereby represent and warrant that You are at least 18 (eighteen) years of age or above and are fully able and competent as per the applicable Indian laws to understand and agree to the T&Cs. We reserve the right to deny you the Services on the Platform if it is brought to Our attention that You are below the age of 18 (eighteen) or are not fully able or competent as per the applicable Indian laws, to agree to these T&Cs.
  2. You agree to use the Services only in compliance with the T&Cs and applicable Indian laws, and in a manner that does not violate Our legal rights or those of any third parties.

Use of Platform

  1. You must create an account in order to use the Platform and avail the Services. Our use of any personal information You provide to us during the account creation process is governed by Our Privacy Policy, incorporated here by reference.
  2. You must keep your password confidential and You are solely responsible for maintaining the confidentiality and security of Your account.
  3. You may also be able to register to the Platform by using credentials from certain third party social networking sites. You confirm that You are the owner of any such social media account and that You are entitled to disclose Your social media login information to Us.
  4. You agree to notify Us immediately of any unauthorized use of Your account in order to enable Us to take necessary corrective action. You also agree that You will not allow any third party to use Your account for any purpose and that You will be liable for such unauthorized access.
  5. By creating an account, You agree to receive certain communications in connection with Platform or Services.
  6. Furthermore, We reserve the right to terminate /suspend Your account if We determine (in our sole discretion) that You have: (i) violated the T&Cs; and/or (ii) have engaged in activities which are fraudulent /unlawful in nature; and/or (iii) have provided inaccurate or incomplete information for the creation of the account on the Platform.

Food Ordering and Delivery

  1. Your request to place an Order from a Restaurant Partner on the Platform shall constitute an unconditional and irrevocable authorization in Our favour, to place Orders on your behalf.
  2. Delivery of an Order may either be undertaken directly by Us, through onboarded delivery partners ("Company Delivery Partners"), or the Restaurant Partner or through a third-party ("Third Party Delivery Partners"). In all the cases, we are merely acting as an intermediary between You and the Company Delivery Partners or the Third Party Delivery Partners . The relationship between the Company Delivery Partners or the Company and the Third Party Delivery Partners is on a principal to principal basis, and shall not be construed as that of an agent and principal or employee and employer.
  3. You may be charged a delivery fee for delivery of your Order by the Third Party Delivery Partner or the Company Delivery Partner, as may be determined by the relevant party (including surge pricing, if any) ("Delivery Charges"). You agree that We are authorized to collect, on behalf of the Third Party Delivery Partner or the Company Delivery Partner, the Delivery Charges for the delivery service provided by such Third Party Delivery Partner or the Company Delivery Partner (as the case may be) and that this constitutes only a facilitation service by the Platform and shall not in any manner constitute a banking or financial service.
  4. All prices with respect to the Orders listed on the Platform are provided by the Restaurant Partner, including packaging or handling charges, if any, and the same are displayed by Us as received from the Restaurant Partner. Any taxes on the Orders charged to You are based on Restaurant Partner's assessment / position of the supplies effected through the Platform. Accordingly, in case where You have any grievance towards such taxes, such issues shall be addressed by the Company solely basis of the position adopted by the Restaurant Partner.
  5. We are not a manufacturer, seller or distributor of food and beverages or any other products contained in the Order/s and merely an e-commerce marketplace aggregator, connecting You with the Restaurant Partners, pursuant to the unconditional and irrevocable authority granted by You to us.
  6. All payments made against the Orders placed by You on the Platform shall be made compulsorily in Indian Rupees. The Platform will not accept any other currency. You hereby agree and acknowledge that the Company is a mere facilitator providing electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks and is not providing a banking or a financial service. The Company is neither acting as 'Trustee' nor acting in a 'fiduciary capacity', with respect to the transactions.
  7. You agree to provide accurate Debit Card/ Credit Card/ UPI/ Net Banking or other mode of payment details to approved payment gateways for collection of the charges. We shall not be liable for any consequence that may arise due to the unauthorised use of such Debit Card/ Credit Card/ UPI/ Net Banking or other mode of payment details. The sole responsibility of the protection of Debit Card/ Credit Card/ UPI/ Net Banking or other mode of payment details lies with the Consumer.

Usage Terms

  1. You agree to use the Services only for purposes that are permitted by the T&Cs and applicable laws, regulations or generally accepted practices or guidelines in India.
  2. You agree to use the Services only for personal use/purposes and not for re-sale purpose.
  3. You agree not to access (or attempt to access) any of the Services by any means other than the Platform interface that is provided by us.
  4. You specifically agree not to access (or attempt to access) the Platform through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with the instructions set out in any robots.txt file present on the Platform.
  5. You agree that You will not engage in any activity that interferes with or disrupts the Platform or the Services (or the servers and networks which are connected to the Platform). You shall not attempt to delete or revise any material or information posted by any other Consumers, shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
  6. You agree that You will not misbehave with or engage in any activity that is discriminatory to the Restaurant Partner and/or Company Delivery Partners and/or Third Party Delivery Partners, on the basis of caste, sex, race, religion, or place of birth.

Cancellation and Refunds

  1. You acknowledge that in the event of: (a) Your cancellation, or attempted or purported cancellation of an Order, or (b) cancellation due to reasons attributable to You, including but not limited to providing incorrect particulars, contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfilment of the Services offered to You, you shall be liable to pay the full Order value. You hereby authorize Us to deduct or collect the amount payable through such means as We may determine in our discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
  2. There may be cases where We are either unable to accept your Order or We cancel the Order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Us or the Restaurant Partner. In such cases, we shall not charge a cancellation charge from You. If the order is cancelled after payment has been charged and You are eligible for a refund of the Order value or any part thereof, the said amount will be reversed to you, in accordance with #E6 below.
  3. No replacement / refund / or any other resolution will be provided without Restaurant Partner's permission.
  4. Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or products contained in the Order, poor quality etc., You will be required to share the proof of the same before any resolution can be provided.
  5. You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner on a best-efforts basis.
  6. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

Disclaimers

  1. The T&Cs are for informational purposes only. We disclaim any liability for any information that may have become outdated since the last time the particular piece of information was updated.
  2. We do not guarantee the quality of the Orders, the prices listed in menus or the availability of all menu items at any listed Restaurant Partner.
  3. Any certification, licenses or permits ("Licenses") or information in regard to such Licenses that may be displayed on the Restaurant Partner's listing page on the Platform is for informational purposes only. Such Licenses are displayed by Us on an 'as available' basis that is provided to Us by the Restaurant Partner.
  4. We disclaim any warranty and/or representation relating to the use of the Platform by you on any and all electronic devices.

Intellectual Property

  1. We are the sole and exclusive owners of the Platform and Our content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Platform and the Services, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary laws.
  2. You acknowledge that the Platform contains original works and has been developed, compiled, prepared, revised, selected, and arranged by Us and constitutes valuable intellectual property. You further acknowledge that the Platform may contain information which is designated as confidential by Us and that You shall not disclose such information without Our prior written consent.
  3. To the fullest extent permitted by applicable laws, We neither warrant nor represent that Your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Us. You agree to immediately notify Us upon becoming aware of any claim that the Platform/ Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
  4. You may use information made available through the Platform solely for Your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Our content in whole or in part except as expressly authorized by Us.
  5. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Platform or Our intellectual property rights.
  6. Any violation by You of the provisions contained in this Section may result in the immediate termination of Your right to use the Platform or avail the Services, as well as potential liability for infringement of intellectual property, depending on the circumstances.

Your Content

  1. In consideration of availing the Services on the Platform and by submitting any content, You hereby irrevocably grant Us a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use such content, which may extend to include Your personalised ratings and reviews (including pictures, videos or any other form of media), list of favourite dishes or Restaurant Partners etc.
  2. If Your content is a review, You represent and warrant that You are the sole author of that review; the review reflects an actual experience that You had; You were not paid or otherwise remunerated in connection with Your authoring or posting of the review; and You had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of Your honest opinion.
  3. We reserve the right, in Our sole discretion and at any time and without prior notice, to remove, block, or disable access to any content that We, for any reason or no reason, consider to be objectionable, in violation of the T&Cs or applicable laws or otherwise harmful to the Platform or our other Consumers. Subject to the requirements of applicable law, We are not obligated to return any of Your content to You under any circumstances.
  4. You specifically agree not to post any content which is in violation of these T&Cs, applicable laws or is otherwise harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating to or encouraging money laundering or gambling.

Consumer Plans, Offers and Promos

  1. We reserve the right to charge a subscription and/or membership fee in respect of any of the Services offered on the Platform.
  2. We may from time to time introduce referral and/or incentive-based programs for the Consumers ("Consumer Plans"). We reserve the right to modify, cancel and discontinue any Consumer Plan without notice. Furthermore, We reserve the right to terminate /suspend Your account and/or credits /points earned and/or Your participation in the Consumer Plan if We determine (in Our sole discretion) that You have violated the rules of the Consumer Plan and/or these T&Cs.
  3. We may offer credits, promo codes, vouchers or any other form of cashback at Our discretion. We reserve the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as deemed fit.

Third Party Links

  1. Some of the content available through the Platform may include or link to materials that belong to third parties. Please note that Your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.
  2. We do not screen or investigate third party material before or after including it on Our Platform. You acknowledge and agree that We are not responsible for the availability of any such external sites or resources.

Feedback

  1. You may, but are not obligated to, provide or otherwise make available to Us certain feedback, suggestions, comments, ideas, or other concepts relating to the Platform, products and services ("Feedback"). You hereby grant to Us a perpetual, irrevocable, worldwide, royalty free, fully sublicensable right to use, reproduce, adapt, represent and otherwise exploit such Feedback, using all means and media, and without any restriction of any kind with regard to exploitation methods, number of prints, dissemination or utilisation.

Limitation of Liability

  1. We shall not be liable for any acts or omissions on part of the Restaurant Partner including deficiency in service, wrong delivery of Order / Order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc. Further, we shall not be liable for any delay in delivery of the Order, where such Order is delivered by any Third Party Delivery Partner,
  2. The Restaurant Partner shall be solely responsible for any warranty/guarantee of the food and beverages or products contained in the Order sold to the Consumer via the Platform, and in no event shall this be Our responsibility. Any taxes charged to You for the delivery via Third Party Delivery Partners is based on such third-party's or the Restaurant Partner's assessment / position of the supplies effected through the Platform. Accordingly, in case where You have any grievance towards taxes being charged, such issues shall be addressed by Us solely basis the position adopted by such Third Party Delivery Partner.
  3. In no event shall the Company have any liability to You, or any third party, for any indirect, consequential, incidental or special damages hereunder including without limitation, damages due to lost profits, loss of anticipated use, or the inability to use technology, under any cause of action or theory of liability (whether based on warranty, breach of contract, tort (including negligence), product liability, strict liability or any other legal or equitable theory) and whether or not such party has been advised of the possibility of such damage.
  4. Notwithstanding anything to the contrary herein set out, the Company's aggregate liability under these T&Cs shall not exceed the total value of INR 2,000/-.
  5. You agree to indemnify, defend, and hold harmless the Company from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your content, (ii) Your unauthorized use of the Services, or products or services included or advertised on the Platform; (iii) Your access to and use of the Platform and the Services; (iv) Your violation of any rights of any third party; or (v) Your breach of these T&Cs, including, but not limited to, any infringement by You of any intellectual property rights of any third party.
  6. We retain the exclusive right to settle, compromise and pay, without Your prior consent, any and all claims or causes of action which are brought against Us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defence of these claims. You agree not to settle any matter in which We are named as a defendant and/or for which You have indemnity obligations without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

Modification of T&Cs

  1. The T&Cs are subject to modifications and amendments from time to time (with or without notice). Your continued access to or use of the Platform after such amendment becomes effective constitutes Your consent to be bound by the amended T&Cs. If You object to any amended Term, You may stop using the Platform.
  2. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services/ Platform, or portions thereof (including upgrades or updates designed to correct issues with the Services).

Governing Law

  1. This Agreement shall be governed by and construed in accordance with the laws of India and shall be submitted to the exclusive jurisdiction of the competent courts of Bangalore, Karnataka.

Contact Us

Grievance Officer

Sweta Goel

Nodal Officer

Tanvi Arora

Registered Office Address

3rd Floor, Sai Prithvi Arcade, Megha Hills, Sri Rama Colony, Madhapur Hyderabad, Telangana, 500081, India.

Time: Monday to Friday, 9:00 am to 6:00 pm.

These terms are subject to change. Continued use of our service constitutes acceptance of any modifications.