TERMS OF USE

This TERMS OF USE is made by OneGreenDiary Software Pvt. Ltd., a company registered under the Indian Companies Act, 2013 having its registered office at 502, Classicism, Bhau Patil Road, Pune 411020, Maharashtra, India (hereinafter referred to as “OneGreenDiary ”) and you as a User of the OneGreenDiary Service.


DEFINITIONS

"Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using the OneGreenDiary Service.

"User” or “you" means any person who accesses or uses the OneGreenDiary Service for his own purpose or on behalf of someone else and includes any legal entity.

“User’s Content” means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the OneGreenDiary Service.

“Order”: means any order placed for items on sale such as food and grocery through the OneGreenDiary’s Mobile Application for pickup or delivery.

“Merchant” means any person who accessed or uses the OneGreenDiary for Merchant service for his business or on behalf of someone else and includes legal entity and shops such as grocery store, bakery, restaurant, pet shops, ice-cream parlour and cafes

“Item” means any perishable or imperishable substance that people use or consumer or eat or drink in order to maintain life and growth, which is prepared or sold at any of the listed Participating Merchant for the User.

“Food” means any perishable substance that people eat or drink in order to maintain life and growth, which is prepared or sold at any of the listed Participating Restaurant, Bakery and Grocery for the User.

“Grocery” means any substance that people consume, eat, utilize or drink in order to maintain life and growth, which is prepared or sold at any of the listed Participating Restaurant, Bakery and Grocery for the User.

“Delivery” means the service provided by Participating Merchant at its sole responsibility for delivery of item at such premises as intimated by the User.

“Pickup” means the service enabled by Participating Merchant with OneGreenDiary for User so as to pickup or takeaway the item at its sole responsibility at such merchant’s premises as intimated by the User or agreed between merchant and user.

Save to Diary: It is an innovative payment method provided by OneGreenDiary solely at the discretion of Merchant using OneGreenDiary for merchant service. OneGreenDiary do not influence the allowed credit for You by the respective Merchant

Cash On Delivery: It is payment method provided by OneGreenDiary solely at discretion of Merchant using OneGreenDiary for merchant service.

Expense: OneGreenDiary provides exclusive feature of tracking every possible expense made at the Merchant using OneGreenDiary for Merchant service.

Rewards: OneGreenDiary can earn your rewards points which can be redeemed at Merchant using OneGreenDiary for Merchant service. It is Merchant who decides how to calculate and redeem points earned by you by making purchase with or without OneGreenDiary app.

"Participating Merchant" means a third party, which has agreed to co-operate with OneGreenDiary to provide Item and/or Delivery or Pickup for the same.

“OneGreenDiary for Merchant” means a Mobile Application subscribed by Participating Merchant to use as a customer retention platform covering point of sell, marketing, reporting and other features with all Items listed by Merchant or OneGreenDiary with an agreement with Merchant, with sole responsibility of Merchant.

“OneGreenDiary App” means a Mobile Application owned and operated by OneGreenDiary and all screenshots, pages appearing, appended, available along with this Mobile Application.

“OneGreenDiary Service” means collectively including all content provided through the OneGreenDiary App and the Website.

“Website” means www.OneGreenDiary.com and all web-pages appearing, appended, available along with this Website.


ONEGREENDIARY SERVICE USE

User is hereby allowed to use the OneGreenDiary Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the OneGreenDiary App and/or Website (“Terms”). OneGreenDiary retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Everytime You use the OneGreenDiary Service, shall constitute your acceptance of changes made to Terms.

User conveys acceptance to Terms every time the User uses the OneGreenDiary Service. User has discretion not to use the OneGreenDiary Service, so User’s use of the OneGreenDiary Service, despite having the right and power of not to use, is construed as User has accepted the Terms.

OneGreenDiary can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). OneGreenDiary solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. OneGreenDiary reserves the right to store, evaluate, analyse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that OneGreenDiary continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.

Any person who accesses this OneGreenDiary Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.


RULES OF CONDUCT

The OneGreenDiary Service shall facilitate the User to order Food or Grocery online by using the OneGreenDiary App. You acknowledge, agree that you have complete responsibility while ordering Food through the OneGreenDiary App. The User’s discretion is required while using the OneGreenDiary Service. The OneGreenDiary Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s Use of the OneGreenDiary Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the OneGreenDiary App.


ORDERING

You agree that, any contract for the Item and its Delivery or Pickup ordered through use of OneGreenDiary App is between You and the Participating Merchant; any contract for the supply of OneGreenDiary Service from the OneGreenDiary is between You and OneGreenDiary. You agree to take reasonable care when providing OneGreenDiary with your details and warrant that these details are accurate and complete at the time of ordering Food or Grocery or both. You also warrant that the credit or debit card details that You may provide are of your own credit or debit card.

OneGreenDiary do not promote or encourage sell of illegal substances and/or prescription on OneGreenDiary for merchant platform provided to Merchant. If OneGreenDiary receives any such notification from You and it is felt appropriate, OneGreenDiary may remove all such content from the OneGreenDiary for Merchant App and/or Website which is indicated as illegal and/or take any other appropriate action.

Item, Delivery, Pickup and OneGreenDiary Service purchased / availed from the OneGreenDiary App is intended for your use only and You warrant that any Item purchased by You is not for resale and that You are acting as an end customer only and not as an agent for another party while receiving the Item, Item Delivery, Item pickup and OneGreenDiary Service.

You understand that some type of item may be suitable for Users within certain age ranges only. It is your sole responsibility to check whether the item you are ordering is suitable for the intended recipient.

You understand that, if the ordered item is within the Delivery capacity of the Participating Merchant, the Participating Merchant will accept the contract and confirm it to OneGreenDiary. If the details of the order are correct, the contract for the Item Delivery will be confirmed by OneGreenDiary in-app notification to the User.

In case the Item offered by OneGreenDiary is ordered, OneGreenDiary Merchant will confirm availability together with or separately from Item Delivery.

In case Item Delivery is not possible for whatsoever reason, OneGreenDiary Merchant will let you know by responding to your order with in-app notification. You understand and acknowledge that in unforeseeable events or Force Majeure events, OneGreenDiary may not be able to reach and/or communicate with You about the non-delivery. You understand that primarily, it is Merchant who is responsible for responding to your Order requests.


PRICES AND PAYMENT

All prices listed on the OneGreenDiary App is correct at the time of publication and is as received from the Participating Merchant and may also be published by Merchant through OneGreenDiary for Merchant. While OneGreenDiary always informs merchant to take great care to keep them up to date, the final price charged to you by the Participating Merchant may change at the time of delivery based on the latest menu, inventory and prices of the Participating Merchant. OneGreenDiary reserves the right to alter the menu or inventory of Item available for sale on the OneGreenDiary App and to delete and remove from listing Participating Restaurants and their Item list and Delivery options, if any.

All prices listed on the OneGreenDiary App for Delivery or Pickup by the Participating Merchant or its delivery partner listed on the OneGreenDiary App reflect the price charged by the Participating Restaurant or its delivery partner at the time of listing. In the event where Participating Restaurant or its delivery partner informs OneGreenDiary immediately after placing the order by the User, about the change in price for item Delivery or Pickup, OneGreenDiary for Merchant provides an option to Merchant to try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.

All prices for delivery by OneGreenDiary or a third party delivery service provider assigned by OneGreenDiary listed on the OneGreenDiary App and/or Website is correct at the time of publication, however, OneGreenDiary reserves the right to alter the same in future.

The total price for Item, Item Delivery and Item Pickup including all other charges, taxes, costs, if any, will be displayed on the OneGreenDiary App when you place your order. Payment has to be made either with Cash on Delivery or Save to Diary payment method. In case of Cash on Delivery mode of payment, payment will be made by You after accepting the delivery. Save to Diary payment provides credit facility at Merchant’s discretion and Diary could be cleared by You by paying within the selected credit period at Merchant’s by cash or card. Save to Diary and Cash on Delivery both the payment methods are as agreed between merchant using OneGreenDiary for Merchant and You. OneGreenDiary is not responsible for any disputes related to delay or non-payment or related discrepancies.


DELIVERY and Pickup

Delivery or Pickup period quoted at the time of ordering are approximate only and may vary. Item/s will be delivered to the address as intimated by you while ordering.

If delivery is done by the Participating Merchant or its delivery partners, it is the Participating Merchant sole responsibility to provide Food Delivery in a timely manner.

In case delivery is done by OneGreenDiary or a third party delivery service provider assigned by OneGreenDiary, OneGreenDiary will take reasonable care to deliver in a timely manner. No responsibility is taken for late delivery by OneGreenDiary in either case.

The Participating Merchant will make every effort to deliver within the time stated; however, OneGreenDiary will not be liable for any loss caused to you by late delivery. If the Item is not delivered within the estimated delivery time quoted, User shall contact the Participating Merchant first. You may also contact OneGreenDiary by email and OneGreenDiary will try to ensure that you receive your order as quickly as reasonably possible.

In case of a late delivery, the delivery charge will neither be voided nor refunded by OneGreenDiary.

All risk in the item, Pickup and Delivery shall pass to you upon delivery.

If you fail to accept delivery of item at the time they are ready for delivery or pickup OneGreenDiary Merchant is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the item shall be deemed to have been delivered to you and all risk and responsibility in relation to such item shall pass to you. You must ensure that at the time of delivery of item adequate arrangements, including access where necessary, are in place for the safe delivery of the item. OneGreenDiary cannot be held liable for any damage, cost or expense incurred to such item as a result of a failure to provide adequate access or arrangements for delivery.

Participating Merchant, who will prepare your order, aim:

to deliver the item at the place of delivery requested by you in your order;

to deliver within the time confirmed by the Participating Merchant;

Participating Merchant and OneGreenDiary shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or pickup;

You understand and accept that it might not be possible for Participating Merchant to deliver to some locations.


CANCELLATION

Order for item delivery and pickup cannot be cancelled once accepted by the merchant. OneGreenDiary merchant may cancel an order if the item is not available for any reason. You may have an opportunity to cancel the order if Merchant modifies your order. In the unlikely event that the Participating Merchant delivers a wrong order, you have the right to reject the delivery of the wrong order. The order’s completeness will be decided by comparing delivered item with the Participating Merchant Menu or item inventory list. OneGreenDiary shall not be responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Merchant and with in-app notification or in person.


INFORMATION

Where OneGreenDiary have requested information from you to provide the item Delivery, you agree to provide OneGreenDiary with accurate and complete information including address, recent self photograph, contact number and email.

You authorize OneGreenDiary to use, store or otherwise process your personal information in order to provide the item Delivery and pickup service to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where OneGreenDiary believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the item Delivery or pickup service to you in future. More information can be found in OneGreenDiary’s Privacy Policy.

You are entitled to request a copy of the said personal information OneGreenDiary holds about you. Please contact us if you wish to request copy of this information.


PERSONAL INFORMATION AND PRIVACY

User understands and acknowledges that by choosing OneGreenDiary you have allowed OneGreenDiary to use your personal information.

User understands, acknowledges and agrees that although OneGreenDiary provides appropriate firewalls and protections, like any other hosted service, the OneGreenDiary Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.

In case OneGreenDiary is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the OneGreenDiary Service and/or any particular user(s), OneGreenDiary will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.


OWNERSHIP OF INTELLECTUAL PROPERTY

All data, information is the property of OneGreenDiary or its Users. If you believe that the OneGreenDiary Service contains elements that infringe your intellectual property rights in your work, please notify OneGreenDiary immediately. If OneGreenDiary receives intellectual property right infringement claim notification and it is felt appropriate, OneGreenDiary may remove all such content from the OneGreenDiary App and/or Website which is indicated as infringing and/or take any other appropriate action.


DISCLAIMER AND LIMITATIONS OF LIABILITY

THE ONEGREENDIARY SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ONEGREENDIARY SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE ONEGREENDIARY APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, ONEGREENDIARY IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE ONEGREENDIARY SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE ONEGREENDIARY SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE ONEGREENDIARY SERVICE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE ONEGREENDIARY SERVICE, ONEGREENDIARY AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE ONEGREENDIARY SERVICE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Photographs provided on the OneGreenDiary App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel. The items displayed in photographs or advertisements may have variations in colours, tastes, looks, feel, etc. when compared to the delivered Food items.


INDEMNIFICATION

You agree to indemnify, defend and hold OneGreenDiary , its parents, subsidiaries, affiliates, successors, assignees and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the OneGreenDiary Service, whether by use of User Account or otherwise.


APPLICABLE LAWS

These Terms contains the entire understanding and agreement between User and OneGreenDiary and supersedes any and all prior or inconsistent understandings relating to OneGreenDiary Service and your use of OneGreenDiary Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of OneGreenDiary Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the OneGreenDiary Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Pune, Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.


FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall OneGreenDiary be held liable for any damage or loss due to deficiency in performance of the OneGreenDiary Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.


GENERAL PROVISIONS

Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.


COMPLAINTS

OneGreenDiary takes complaint very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed to query@onegreendiary.com

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE ONEGREENDIARY SERVICE. IF YOU ACCEPT AND ABIDE BY THIS TERM YOU WILL HAVE TO STATE I AGREE.

502, Classicism
Bhau Patil Road, Pune - 411020
Maharashtra, INDIA
query@onegreendiary.com