TERMS OF USE OF JAGODS JAGDAI FOODS (JAGODS), APP AND WEBSITE TERMS OF USE (“TERMS OF USE” or “TERMS”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS /RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN THE USER AND JAGDAI FOODS PRIVATE LIMITED (BOTH TERMS DEFINED BELOW), WHICH IS OPERATED BY JAGDAI FOODS. THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND JAGDAI FOODS (DEFINED BELOW) FOR THE USE OF THE WEBSITE OR APP TO PURCHASE PRODUCT/S SERVICE/S AVAILABLE THEREIN. THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER TERMS FOR ACCESS OR USAGE OF THE WEBSITE. “Jagods” is operated by Jagdai Foods Private Ltd and these terms and conditions outline the rules and regulations for the Terms of Use of the website located at https//:www.jagdaifoods.com and mobile application under the name and style “JAGODS” (the App) is between JAGDAI FOODS (hereinafter referred to as "JAGDAI FOODS " or “We” or “Us” or “Our” or “Jagdai Foods” or “Company”) and guest user or registered user of the Website hereinafter referred to as “You” or “Your” or “Yourself” or “Guest User” or “User” describe the terms on which JAGDAI FOODS offers You access to the Website /app and such other services as are incidental and ancillary thereto (“Services”). By accessing this website/ app we assume you accept these terms and conditions. Do not continue to use Jagdai Foods if you do not agree to take all of the terms and conditions stated on this page. JAGDAI FOODS and YOU are hereinafter individually referred to as “Party” and collectively as “Parties”, as the context may require. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/ APP OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE/MOBILE APPLICATION If You are accessing the JAGDAI FOODS mobile application or accessing the Services through the JAGDAI FOODS Website/app then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s App Store, Android’s play store, Microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference. FOOD ORDERING AND DELIVERY SERVICE JAGODS is the official mobile application of Jagdai Foods Private Limted. It provides users with a seamless platform to browse menus, place food orders, track deliveries, and apply promotional offers. These Terms of Use apply equally to users of the JAGODS app and the Jagdai Foods website. By using the JAGODS app, you acknowledge and agree to the policies set forth in this document. Jagdai Foods, through its platform Jagods, facilitates seamless food ordering and delivery services by connecting customers with a curated network of third-party restaurant partners as well as its own branded outlets and cloud kitchens. While the platform enables transactions and delivery logistics, the preparation and quality of food are the sole responsibility of the respective restaurant—whether it is a Jagdai-owned outlet or a partner restaurant. Jagdai Foods does not guarantee the quality, quantity, taste, or packaging of any food item. All images displayed on the platform are for illustrative purposes only and may not accurately represent the final product delivered Jagdai Foods mobile application ('JAGODS') and website keeps track of user location to give better location-based services to its users. User location is not stored without the consent of the user and is never shared with any third party. We may share, and use some user info for better user experience. Jagods enables seamless transactions between customers and registered food establishments, which may include third-party Restaurant Partners or Jagdai Foods itself, for the purchase of food and beverage items ("Platform Services"). Customers can explore a diverse selection of menu offerings listed on the Jagods platform and place their food orders (“Orders”) accordingly. In addition, Jagods facilitates the delivery of these Orders through its Delivery Services. Deliveries may be managed either by Jagods’ own logistics team or via authorized third-party delivery service providers, depending on location and availability. These Delivery Services are designed to ensure prompt and safe delivery of food items across selected serviceable areas within India. Collectively, the Platform Services and Delivery Services are referred to as the “Services.” While Jagods serves as a digital intermediary supporting the order and delivery process, the onus of food preparation, hygiene, packaging, and timely delivery rests solely with the concerned restaurant—whether an external partner or Jagdai Foods. By using the Services, customers acknowledge and agree that Jagods shall not be held liable for issues outside its direct control, including, but not limited to, delays caused by traffic or weather, inaccuracies in menu details provided by the restaurants, or actions of third-party delivery agents. DEFINITIONS AND INTERPRETATION Customer "Customer," "You," or "Your" refers to any individual or entity using the services of Jagdai Foods, including but not limited to browsing, ordering food, sharing content, submitting reviews, or interacting with the platform in any capacity. This also includes individuals managing or accessing business listings or restaurant profiles on behalf of a restaurant or food outlet. Content "Content" refers to all forms of data and information, including but not limited to reviews, photos, videos, location data, ratings, comments, or any other material shared via the Jagdai Foods platform. • Your Content or Customer Content means any content that you upload, share, post, or transmit on or through Jagdai Foods, such as reviews, images, ratings, messages, profile details, and any other materials visible on your profile or associated with your use of the platform. • Jagdai Foods Content refers to all content created and made available by Jagdai Foods in connection with the Services. This includes, but is not limited to, visual interfaces, graphics, features, reports, software, aggregate ratings, analytics, and all other platform elements excluding Your Content and Third-Party Content. • Third-Party Content means content made available by external contributors, such as partner restaurants or affiliates, and is not directly created by Jagdai Foods. Restaurant(s): "Restaurant" refers to any food outlet, cloud kitchen, or partner listed on the Jagods platform for the purpose of showcasing their offerings, receiving orders, and engaging with customers. This includes outlets operated directly by Jagdai Foods as well as third-party Restaurant Partners. 1) GENERAL These Terms of Use are subject to revision by JAGDAI FOODS at any time without notice and hence You are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. It shall be Your responsibility to check these Terms of Use periodically for changes. JAGDAI FOODS may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes. For the entire Duration, the Website shall be maintained by the Company. The ownership of the Website shall vest with the Company and the Company shall make its best efforts to deal with any technical issues affecting the Website (such as, for instance, the Website becoming inoperative). The Company does not warrant that You will be able to use the Website and purchase Product/s for sale at all times or locations on the Website or that the Website and the services provided through the Website will be uninterrupted or error-free or that the defects will be corrected by The Company. This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the Internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance, overload, cyber-attack, bug in code etc. You understand and acknowledge that due to unavoidable circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated. On the manifestation of the data loss issue, we might put the service down in order to reconstruct the data from the backup. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. 2. PLATFORM USAGE a. All offers availed by a customer on the Jagdai Foods platform—whether from third-party restaurant partners or Jagdai-owned outlets—are agreed upon solely between the customer and the respective restaurant. The term “offer” includes, but is not limited to, pricing, taxes, delivery charges, payment terms, delivery timelines, product warranties, and after-sales service. Jagdai Foods does not control, influence, or participate in the formation of such offers. However, Jagdai may provide operational support such as order fulfilment, payment processing, customer service, and logistics through independent service agreements with either Jagdai outlets or partner restaurants. b. Jagdai Foods makes no guarantees or representations regarding the legal title, quality, authenticity, or value of food and beverage products offered by third-party partners. Customers are encouraged to independently verify the credentials and service quality of any restaurant they choose to order from. Jagdai Foods shall not be held liable for any misrepresentations or shortcomings on behalf of any restaurant—whether third-party or in rare cases, its own. c. Jagdai Foods functions as an online marketplace and facilitator. At no point does Jagdai take possession or legal ownership of products offered by third-party restaurants. Even in the case of Jagdai’s own outlets, customer orders are treated as direct service contracts between the customer and the specific outlet responsible for preparation and delivery. d. When an order is placed through the Jagdai Foods platform, it establishes a direct transaction between the customer and the respective restaurant—either a partner or Jagdai itself. If a customer reports an issue regarding a delivered item, Jagdai Foods will notify the relevant restaurant and redirect the concern to its support team. While third-party restaurants are fully responsible for resolving customer complaints, Jagdai Foods will assist in facilitating a resolution to the best of its capabilities. e. Jagdai Foods shall not be liable for non-performance, delays, or breach of contract between the customer and the restaurant. This includes but is not limited to issues related to stock unavailability, product dissatisfaction, or service delays—whether from a partner restaurant or Jagdai-operated outlet. No guarantee is provided regarding fulfillment of every transaction initiated on the platform. f. PROMOTIONS AND DISCOUNTS: Jagdai Foods may offer promotional deals, discounts, or coupon codes to customers. The terms and conditions for such promotions are as follows: - Promotions are valid for a limited time and are subject to change without prior notice. - Discounts may not be combined with other offers unless explicitly stated. - Promotional codes must be applied at the time of checkout and cannot be applied retroactively. - Jagdai Foods reserves the right to cancel or modify promotions at its discretion. Customers found misusing promotional offers may be barred from future promotions and may face account suspension. 3. ELIGIBILITY TO USE The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the JAGDAI FOODS system by JAGDAI FOODS for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between JAGDAI FOODS and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. JAGDAI FOODS reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reason for doing so. 4.USER ACCOUNT AND REGISTRATION To become a Registered User, You need to create Your Account on the Website using your true credentials, including your name, mobile number, address, bank details, business details and other required information. By registering on the website, you undertake that the information provided by you is true and correct to the best of your knowledge. These information and credentials are individually and collectively referred to the “Account Information”). If you provide any information that is untrue or inaccurate or obsolete, Jagdai foods has the right to suspend or terminate your registration and refuse to give you user benefits. In the event You register as a User by creating an Account in order to avail the Services provided by the Company through its website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify JAGDAI FOODS of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. JAGDAI FOODS cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or JAGDAI FOODS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JAGDAI FOODS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website /Services (or any portion thereof). Depending upon the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and JAGDAI FOODS may collect certain personal information. Your provision of, and JAGDAI FOODS’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by JAGDAI FOODS's privacy policy 5. ORDER PROCESSING a. The Jagods platform allows you to place food orders, and subject to these terms, facilitates the processing and delivery of such orders. b. Jagods hosts both third-party restaurants and its own food outlets operated under Jagdai Foods. While Jagods facilitates the placement and fulfillment of orders through the platform, food preparation and fulfillment remain the responsibility of the respective restaurant partner—whether an independent brand or Jagdai itself. You acknowledge that all orders are subject to availability and serviceability of your location. c. In general, all orders placed through the Jagods platform are treated as confirmed. However, we may contact you via phone or mobile to confirm order details, pricing, and delivery timelines. You will be required to provide accurate information such as your name, mobile number, and email address. It is your responsibility to alert us of any incorrect details. d. We may also contact you to confirm changes in your order due to item unavailability or pricing updates. Changes once confirmed shall be final. Jagods reserves the right to cancel orders if you're unreachable at the time of order confirmation. e. All payments must be made in Indian Rupees. Jagods supports multiple RBI-approved payment methods, including debit/credit cards, net banking. Jagods operates only as a facilitator of these payments and is not a banking or financial service provider. f. For all transactions, Jagods acts as the authorized payment collection agent for the respective restaurant. Once you make a payment to us, your obligation to the restaurant (including Jagdai-owned outlets) is deemed fulfilled. Payments should not be made directly to the restaurant. g. You agree to pay the total amount as displayed at checkout for your order. Any applicable bank fees for transactions are your responsibility. h. You may be asked to provide billing details, such as card information and address. By completing a payment, you authorize Jagods or its payment gateway partners to process the transaction securely. If redirected to a third-party payment processor, you are advised to review their policies before proceeding. i. The final invoice, including applicable taxes, will be issued by the restaurant (whether a Jagdai outlet or partner) at the time of delivery. j. Packaged items will be billed at MRP unless otherwise specified by the restaurant. Prices are as updated by the restaurants and may change during delivery. k. Pricing, including packaging or handling fees, is controlled by the respective restaurant. Prices may occasionally differ due to last-minute changes by the restaurant. l. For pick-up or takeaway orders, customers must adhere to the collection policies set by the restaurant. Jagods does not assume liability for food preparation or order issues related to takeaway. m. Takeaway is a direct arrangement between the customer and the restaurant. Jagods only facilitates the service and is not liable for any takeaway-related issues. n. Restaurants fulfill takeaway orders strictly as per customer instructions. Jagods does not intervene in preparation or customization. o. Disclaimer: Due to technical or data errors, product prices on the platform may sometimes be incorrect. In such cases, the restaurant may cancel the order. p. The restaurant—whether a third party or Jagdai Foods—is solely responsible for any warranties/guarantees associated with its products. q. The order transaction is a direct engagement between you and the restaurant. Jagods is not liable to charge or remit any taxes on such bilateral transactions. 6. PAYMENTS RELATED INFORMATION You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. In any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. JAGDAI FOODS expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card or pre-paid instrument account. For Your making payments for buying the Services/Product/s on the Website, in addition to the Terms, the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Product/s on the Website and JAGDAI FOODS does not control the same and shall be liable for the same. Payment Facility for Your Services: JAGDAI FOODS may from time to time contract with third-party payment service providers including banks to open a nodal bank account under applicable Indian laws, to facilitate the payment and for the collection of JAGDAI FOODS's fees and other charges. These third-party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, prepaid instruments, cash on delivery or demand draft /pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. If the online Payment Gateway is used, You must bear all additional applicable charges (payment gateway charges of 2.5% of the Selling Price) and any other charges like convenience charges etc. as would be applicable and payable to the Third Party. All the refunds etc for the failed transactions will be processed by them once we initiate them from our end. 7. CANCELLATION AND REFUND POLICY a. As a general rule, once an order is placed through Jagods, it cannot be cancelled. Jagods reserves the right to deny refunds based on your prior cancellation history. b. If an order is cancelled after placement, Jagods may charge a cancellation fee of up to 100% of the order amount. This fee may be deducted from a prepaid order or recovered from a future order if postpaid, in order to compensate Jagdai Foods or its restaurant partners and delivery agents. c. You acknowledge that Cancelling or attempting to cancel an order after placement, or Cancellations resulting from incorrect details provided by you (such as invalid contact number, wrong delivery address, or being unresponsive at the time of delivery),shall constitute a breach of your binding commitment to place the order with Jagdai Foods (“Order Obligation Breach”). In such cases, you may be held liable for liquidated damages equivalent to the full order value. You hereby authorize Jagdai Foods to recover the said amount through appropriate means, including adjusting it against your future orders or payments. c. Jagods may charge a cancellation fee for orders cancelled due to reasons not attributable to Jagods, such as: • Incorrect or non-serviceable address provided. • Inability to contact you at the time of delivery. • Lack of clear instructions or authorization to complete delivery. • Unavailability of items in your order. In such cases, Jagods will inform you and offer the option to cancel the entire order for a full refund. d. No cancellation fee will be charged if the cancellation is due to errors or issues caused by Jagods, Jagdai Foods, partner restaurants, or delivery partners. e. For prepaid orders, refunds may be issued after deducting any applicable cancellation fee or at Jagods’ discretion. If the packaging is found tampered with or damaged, or wrong order is delivered or Items are missing from your order, you may be entitled to a proportional or full refund on the discretion of Jagdai foods or restaurant partner and will be evaluated on a case-by-case basis. All decisions made by Jagods regarding refunds and cancellations shall be final and binding. However, you must notify Jagods immediately through the platform with supporting photographs and video evidence both. Jagods or its restaurent partner reserves the right to process or reject your complaint based on the proof submitted. f. In case a delivery partner fails to deliver refund will be evaluated on a case-by-case basis. All decisions made by Jagods regarding refunds and cancellations shall be final and binding. g. Refunds, where applicable, shall be credited to your original payment method, as per standard banking timelines and mechanisms. Refund processing times may vary based on your bank or payment provider’s policies. ii. There may be instances where Jagdai Foods or its partner restaurants are unable to fulfill your order due to reasons such as technical errors, item unavailability, or operational limitations. In such cases, no cancellation charges will apply. If you were already charged and are eligible for a refund, the applicable amount will be reversed to your account. iii. No replacement, refund, or other resolution shall be processed without the explicit consent of the respective restaurant or outlet. 8. CONTENT i) Ownership of JAGODS Content and Proprietary Rights a. Jagdai Foods is the sole and exclusive owner of all content and intellectual property associated with the JAGODS application and its related services. This includes copyrights, trademarks, logos, trade names, service marks, trade dress, computer code, visual designs, and all other proprietary rights ("IP Rights"). The JAGODS platform contains original work compiled and curated with significant effort, time, and investment, and constitutes valuable intellectual property. b. Users agree to respect and protect the proprietary rights of Jagdai Foods and all third-party licensors throughout and beyond their use of the Services. Users shall not use any of JAGODS’ proprietary marks, logos, content, or confidential information without prior written consent. Nothing in these Terms grants the user a license or right to use Jagdai Foods' or JAGODS’ IP unless explicitly authorized. c. Users must not alter, obscure, remove or misuse any intellectual property or branding from the platform. Legal action will be pursued for any unauthorized use, infringement, or misuse. d. To the fullest extent permitted by applicable law, Jagdai Foods disclaims any warranties that your use of materials on the platform will not infringe the rights of third parties not affiliated with Jagdai Foods. Users must notify Jagdai Foods of any such claims immediately. ii) Your License to JAGODS Content a. You are granted a limited, non-transferable, non-exclusive license to access and use JAGODS Services strictly for personal and non-commercial purposes. You shall not exploit, reproduce, modify, distribute, or create derivative works from any part of JAGODS Content unless expressly authorized. b. Violation of these license terms may result in immediate suspension or termination of access and potential legal consequences. iii) JAGODS’ License to Your Content By submitting or uploading content on JAGODS, you grant Jagdai Foods an irrevocable, worldwide, royalty-free, assignable, and sub-licensable license to use, display, adapt, publish, translate, distribute, and commercialize your content. This includes user-submitted reviews, comments, images, or other materials. You also grant Jagdai Foods the right to use your name, handle, or profile in connection with such content. All moral rights in your content are waived to the extent permitted by law. iv) Representations Regarding User Content a. You represent and warrant that you own or control the rights to any content you submit, that the content is accurate, lawful, and does not violate third-party rights or these Terms. You further affirm that your content is not misleading or posted in exchange for compensation without disclosure. b. If your content is a review, you confirm it reflects a genuine experience, is unbiased, and not influenced by any incentives. c. You accept full responsibility for your content and acknowledge that Jagdai Foods assumes no liability for its accuracy, impact, or any user-generated content on the platform. v) Content Removal Jagdai Foods reserves the right to remove or restrict access to any content that it deems in violation of these Terms or harmful to its users or platform, with or without notice. There is no obligation to retain or return any user-submitted content. vi) Third-Party Content and Links a. The Services may include content from or links to third-party sources. Your use of such third-party services will be governed by their own terms and privacy policies. Jagdai Foods is not responsible for third-party content accuracy, legality, or reliability. b. Jagdai Foods does not endorse, verify, or assume liability for any third-party content or services linked or referred through JAGODS. c. You acknowledge that reliance on such external sites or materials is at your own risk. Jagdai Foods expressly disclaims liability for any loss, offense, or damages arising from third-party content. d. Opinions, reviews, or materials submitted by users or partners do not reflect Jagdai Foods' views or endorsements. All content-related use must comply with applicable laws and these Terms. Violations may result in suspension, removal of content, or legal recourse. vii) Customer Reviews a. Customer reviews or ratings for Restaurants listed on Jagods do not reflect the opinions of Jagods. These reviews represent individual experiences and perspectives of the customers. Each review posted on the Jagods platform is the personal opinion of the customer or reviewer alone. Jagods functions purely as a neutral intermediary, facilitating communication between customers and restaurants, including restaurant representatives who manage their business listings. Any advertisements shown on the Jagods platform are not influenced by or connected to the reviews received. b. As a neutral platform, Jagods does not mediate disputes related to customer reviews. If a restaurant believes that a review is misleading or inaccurate, we encourage the concerned representative to respond publicly to the review to clarify any misunderstandings. In case a restaurant considers any review to be in violation of Jagods’ policies, it may report the issue to us at info@jagods.com. Jagods reserves the right to remove any review at its sole discretion if it is found to breach our Terms of Use, content guidelines, or is otherwise deemed harmful to the platform or its users. 9. Content Guidelines and Privacy Policy – JAGODS a. Privacy Policy You also acknowledge that you have read, understood, and agreed to our Privacy Policy. Please note that we may disclose your information to third parties or government authorities if such disclosure is reasonably necessary to: i. Address suspected unlawful activities; ii. Enforce our Terms or Privacy Policy; iii. Comply with legal obligations including search warrants, judicial orders, or other lawful requests; iv. Protect the rights, reputation, and safety of Jagods, Jagdai foods our users, and the public at large. ________________________________________ b. Restrictions on Use While using the Jagods Services, you agree not to post, transmit, or engage in any activity that, at our sole discretion: a. Violates our Guidelines and Policies; b. Is abusive, harassing, defamatory, obscene, discriminatory, or otherwise offensive; c. Includes inauthentic reviews or content unrelated to actual experiences with a listed restaurant; d. Violates standards of decency or platform norms; e. Infringes on intellectual property or proprietary rights; f. Contains accusations or inflammatory claims including physical threats; g. Alleges health violations requiring regulatory reporting; h. Is illegal or breaches applicable laws and regulations; i. Impersonates another individual or entity; j. Disguises your identity or origin of content; k. Is misleading, deceptive, or suggests endorsement by Jagods; l. Contains commercial promotions, spam, or paid posts; m. Claims to be sponsored by Jagods without consent; n. Uses inappropriate language or unrelated foreign text; o. Misrepresents affiliations; p. Uses someone else’s account without authorization; q. Distributes harmful software or malware; r. Disrupts or damages the functionality of Jagods' Services; s. Hacks or accesses confidential records unlawfully; t. Breaches confidentiality agreements or fiduciary responsibilities; u. Attempts reverse-engineering of the platform; v. Bypasses platform security or usage restrictions; w. Violates automated access rules (e.g., robot.txt); x. Collects or stores other users' personal information without consent; y. Is generated by bots; z. Harms minors; aa. Threatens public order, national security, or international relations; ab. Exploits, republishes, or licenses our content without authorization; ac. Attempts any of the above actions; ad. Is knowingly false, misleading, or intended to harass or defame for gain. c. Compliance and Conduct Jagods is not obligated to monitor all activity but reserves the right to do so to enhance platform integrity, prevent fraud, and comply with legal directives. We may take appropriate actions including content removal, access restriction, or legal recourse. You agree to use the Jagods Platform only for lawful purposes, in compliance with all local and international laws. Unsolicited marketing, spam, or misleading promotions are strictly prohibited. You also agree not to make false representations on behalf of Jagods in any context. d. Communication Ethics While using features like order instructions, chat with support or delivery partners, you must refrain from using abusive, threatening, or obscene language. Jagods reserves the right to block or restrict your access in case of any violation, with or without prior notice. e. Legal Compliance All content shared or uploaded by you is subject to the jurisdiction and laws of India or the country of use. Non-compliance may lead to immediate content removal, account suspension, or further legal action by Jagods as applicable under relevant statutes. f. Customer Feedback – JAGODS Users may leave reviews and ratings for food providers based on their experience. These reviews are subjective opinions of individuals and do not reflect the opinion or position of Jagdai Foods. The Company reserves the right to remove any content deemed abusive, irrelevant, or misleading If you share or submit any ideas, suggestions, modifications, or documents regarding Jagods’ existing business, platform features, or marketing activities ("Feedback"), you agree to the following: i. Your Feedback does not contain any confidential, proprietary, or sensitive information belonging to third parties; ii. Jagods is under no obligation of confidentiality regarding such Feedback and is free to use it without restriction; iii. Similar Feedback may have already been received from other users or may currently be under internal consideration or development; and iv. By submitting Feedback, you grant Jagods a non-exclusive, irrevocable, royalty-free, perpetual, and worldwide license to use, modify, publish, distribute, develop, and sublicense such Feedback. You also irrevocably waive any claims or assertions against Jagods or its users related to the use of your Feedback. Please ensure that your Feedback is specific to Jagods’ current products, services, or marketing strategies. Do not submit ideas or proposals that Jagods’ internal policy does not allow it to accept or review. g. Unsolicited Submissions Policy Jagods and its employees do not accept or consider unsolicited ideas, including but not limited to concepts for new advertising campaigns, promotions, products, technologies, features, enhancements, business models, processes, or product names. We kindly request that you do not send original creative work, artwork, suggestions, or proposals (“Submissions”) in any form to Jagods or its employees. This policy exists to avoid potential misunderstandings or disputes in situations where Jagods’ products, services, or strategies may appear similar to ideas submitted by users. If, despite this policy, you still submit unsolicited ideas or materials, you agree to the following terms: Terms of Unsolicited Idea Submission: 1. Your Submissions and their contents shall automatically become the sole property of Jagods, without any obligation to compensate you. 2. Jagods may use or redistribute the Submissions and their contents for any purpose and in any manner. 3. Jagods is under no obligation to review or acknowledge the Submission. 4. Jagods is not required to maintain any confidentiality concerning the Submission. 10. ADDITIONAL TERMS AND CONDITIONS i) FOOD ORDERING AND DELIVERY: a. Jagods facilitates food ordering and delivery services by entering into arrangements with restaurant partners ("Restaurant Partners") as well as fulfilling orders through its own kitchens (“Jagdai Foods Kitchens”), for the purpose of listing menu items and products for delivery to customers on the Jagods platform. b. Customers can access listed menu items/products on the Jagods platform and place orders either from Jagdai Foods or from third-party Restaurant Partners. c. Placing an order on the Jagods platform constitutes an unconditional and irrevocable authorization to Jagods to place that order on your behalf with the selected Restaurant Partner or Jagdai Foods Kitchen. d. Order delivery may be managed by either Jagdai Foods, the respective Restaurant Partner, or a third-party delivery partner (“Delivery Partners”) assigned by Jagods. Jagods acts solely as a facilitator and intermediary. e. If your order is delivered by a Delivery Partner, the service shall be deemed a contract of service between you and the Delivery Partner. Jagods shall not be liable for delays, tampering, mis delivery, or service deficiencies by third-party delivery agents. f. Jagdai Foods may collaborate with third-party logistics providers to facilitate order deliveries. While we strive to partner with reliable service providers, Jagdai Foods is not responsible for: - Delays caused by third-party logistics partners. - Loss or damage of food items during transit by third-party services. - Any misconduct or negligence by third-party delivery personnel. Customers are encouraged to report any issues related to third-party deliveries to Jagdai Foods for appropriate action. Your order may be grouped with other deliveries for operational efficiency. g. Any delivery time quoted on the Jagods Platform is indicative and not guaranteed. Delays may occur due to traffic, weather, or operational constraints. Jagods shall not be held liable for delays in delivery. Orders shall be delivered strictly to the address provided at the time of placing the order. Any change in delivery address after order confirmation may result in non-fulfillment, for which no refund or compensation will be provided. h. Delivery Charges, as determined by the Restaurant Partner, Jagdai Foods, or Delivery Partner, may apply and will be displayed prior to final checkout. You authorize Jagods to collect delivery fees on their behalf. i. A Delivery Surge Fee may be charged during peak hours or due to specific demand or conditions. Jagods will attempt to inform you of such surges, but you agree to bear the final charge. j. Jagods shall issue order summaries, invoices, and any required documentation in accordance with applicable regulations. k. You are expected to treat Delivery Partners with respect and must not discriminate based on race, religion, gender, sexual orientation, disability, or other protected characteristics. l. Jagods’ responsibility for an Order ends once the food has been successfully delivered to the customer. All usage of the Platform is at the user’s own risk and discretion. m. While Jagods features various Restaurant Partners, including its own outlets, the listing of a restaurant does not imply endorsement by Jagods. Each restaurant is independently responsible for its food and service quality. o. Delivery agents engaged by Jagdai Foods or its partners are expected to: - Handle food items with care to prevent spillage, contamination, or damage. - Ensure timely delivery within the estimated delivery window. - Maintain hygiene standards and possess valid identification during deliveries. Jagdai Foods is not liable for delays or issues arising from delivery agents' actions beyond its control. However, we will assist in resolving any delivery-related concerns reported by customers. p. Service availability may vary depending on the delivery location, kitchen operational status, or serviceability constraints. Jagdai Foods reserves the right to limit or deny service to any area without prior notice. Timings displayed on the platform are estimations and may vary due to traffic, weather, or other unforeseen circumstances. ii). Food Ordering and Delivery through Jagdai Foods and Restaurant Partners: a. Menu prices, packaging charges, and other costs displayed on Jagods are based on information provided by Restaurant Partners or determined by Jagdai Foods. Final pricing may vary at delivery. In case of discrepancies, the invoice issued at delivery shall prevail, except for Delivery Charges managed by Jagods. iii). ALLERGY AND DIETARY INFORMATION Customers are advised to contact the food provider directly for information on ingredients, allergens, and food preparation practices. Jagdai Foods is not responsible for any adverse reactions or health issues arising from food consumption. It is the sole responsibility of the food provider to share accurate dietary information. iv). Gift Orders on Jagods: i. You may place an order with Jagdai Foods or a Restaurant Partner listed on Jagods to be delivered to a third party (whether or not a registered user on Jagods) as a gift ("Gift Order") (“Gift Recipient”). ii. To fulfill a Gift Order, you must provide necessary contact details of the Gift Recipient such as name, phone number, and delivery address ("Contact Information"). iii. By using the Gift Order feature, you warrant that you have obtained prior consent from the Gift Recipient to share their Contact Information with Jagods and its delivery or restaurant partners. You agree to indemnify and hold harmless Jagdai Foods, its employees, directors, affiliates, and associated third parties from any claims made by the Gift Recipient regarding misuse or unauthorized sharing of their Contact Information. iv. By placing a Gift Order, you take full responsibility for any rejection or refusal by the Gift Recipient and agree that Jagdai Foods shall not be held liable for such refusal or resulting circumstances. v. If the Gift Recipient is unreachable or delivery cannot be completed, the concerned Restaurant Partner, Jagdai Foods, or the Delivery Partner may reach out to you for assistance. vi. You may include a personalized message with the Gift Order. While Jagods will attempt to deliver this message, delivery of such messages is not guaranteed. vii. Gift Orders are priced identically to regular orders; no extra fees apply. viii. If the Gift Recipient has any issue regarding the Gift Order, they may contact support via Jagods live chat or request the sender to initiate a resolution on their behalf. ix. Any applicable refunds for a Gift Order will be processed to the sender. The Gift Recipient shall not be eligible for any financial benefit from the refund. x. You consent to the collection, processing, and transfer of personal data (such as sender and recipient details) for the fulfillment of Gift Orders, in accordance with Jagods’ Privacy Policy. v). Order Deletion: i. Deleting an order from your Jagods order history will remove all visible traces of the order from your mobile app and web profile. No support will be offered on such deleted orders. However, Jagdai Foods will retain archived records of the transaction in accordance with its Privacy Policy and applicable law. ii. Jagdai Foods is not liable for retrieval or visibility of deleted orders due to: • Backup communications like email/SMS still reflecting the order; • Restaurant Partners or Delivery Partners reaching out using contact information previously provided; • Orders fulfilled by Restaurant Partners directly contacting you; • Payments being reflected in your bank statements. 11) USER OBLIGATIONS AND ROLE OF JAGDAI FOODS a) Subject to compliance with the Terms, JAGDAI FOODS grants you a non-exclusive, non-transferable, revocable, and limited right to access and use the Website and its Services. b) You agree to use the Website, App, and Services only for lawful purposes, and in accordance with these Terms and applicable laws. c) You agree not to access the Website or Services through any means other than those provided by JAGDAI FOODS and to respect limitations on the use and dissemination of any materials available on the Website. d) You may post content such as reviews, ratings, comments, or suggestions (“User Content”), and are solely responsible for the legality, accuracy, and appropriateness of such content. JAGDAI FOODS reserves the right to remove any User Content that violates applicable laws or these Terms. e) By posting any User Content, you grant JAGDAI FOODS a worldwide, royalty-free license to use, reproduce, distribute, modify, and display such content. f) JAGDAI FOODS primarily acts as a facilitator between users and restaurant owners, including its own brand or third-party restaurants. If JAGDAI FOODS is not the seller of the Service/Product, the sale is strictly between the User and the restaurant owner. JAGDAI FOODS does not guarantee any transaction, product, or user behavior. g) Users must not host, upload, transmit, or share any content that is unlawful, offensive, harmful, or violates the rights of others. h) Users agree not to disrupt, damage, or gain unauthorized access to the Website or any associated systems. i) You are solely responsible for maintaining your device, internet connection, and any related charges. j) You may be required to install updates to continue using the Services. k) Purchases made through the Website are for personal use only and cannot be resold or transferred for profit without JAGDAI FOODS’ consent. l) Accessing and using the Platform requires compatible devices, internet connectivity, and may incur additional third-party costs (e.g., data charges), which are solely the user's responsibility. Jagods is not liable for such costs. m) By using the Platform, you consent to receive transactional and promotional communications from Jagods via SMS and email. n) You agree to indemnify and hold harmless Jagods, its directors, affiliates, and employees from any third-party claims, penalties, or losses arising out of your breach of these Terms of Use, violation of laws or third-party rights, or misuse of your account including intellectual property infringements. o) Jagods disclaims all liability arising from unauthorized use of your debit/credit cards. Users must ensure the safety of their payment credentials. p) Jagods reserves the right to modify, withdraw, or extend any offers or promotions at its sole discretion without prior notice or explanation. 12.INTELLECTUAL PROPERTY RIGHTS The Jagods Platform, including its design, interface, layout, processes, structure, and arrangement—comprising but not limited to all text, graphics, visuals, user interfaces, artwork, sounds, music (if any), and computer code (collectively referred to as the “Content”)—is the sole property of Jagods, a unit of Jagdai Foods. The design, look and feel, and arrangement of such Content are protected under applicable copyright, trademark, patent, and other intellectual property laws. Your access or use of the Platform does not convey any rights, title, or interest in the Content, either expressly or implicitly. Jagods reserves the right to modify or update any Content at its sole discretion without prior notice. • The trademarks, logos, and service marks (“Marks”) displayed on the Platform are owned by Jagods, its associated restaurants including Jagdai Foods, or third-party partners. You are not permitted to use any of these Marks without prior written consent from the rightful owner—whether Jagods, Jagdai Foods, or a third party. • Except where expressly stated otherwise or where third-party proprietary rights are clearly indicated, Jagods retains all intellectual property rights related to the Platform, including trademarks, copyrights, designs, software code, source code, databases, know-how, and trade secrets. • You agree not to reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any portion of the Platform or its Content without explicit authorization from Jagods or the respective content owner. 13. THIRD-PARTY CONTENT The Jagods platform may display or make available third-party content, including but not limited to: product catalogs, restaurant listings, menu descriptions, pricing, specifications, videos, photos, links to third-party websites, dealer and brand details, promotional banners, and other externally sourced information (“Third-Party Content”). This content is presented solely for general informational and advertising purposes. You acknowledge that Third-Party Content made available to you on Jagods is either: • Supplied by third-party vendors, restaurant partners (which may include but are not limited to non-Jagdai owned outlets), or • Sourced from platforms or entities deemed reliable, though Jagods does not guarantee the authenticity or accuracy of such content. All Third-Party Content is provided on an "as-is" basis. Jagods, a unit of Jagdai Foods, does not own, control, or claim any rights over such content, nor does it provide any express or implied warranties regarding accuracy, non-infringement, merchantability, or fitness for any specific purpose. Jagods disclaims all liability for any loss or damage that may arise from reliance on such content. • If Third-Party Content contains links to external websites, you access them at your own risk. Jagods does not endorse or control the content on these third-party sites and shall not be responsible for any information, services, or products listed therein. • When you leave the Jagods platform to visit another site, you acknowledge that different terms of use and privacy policies may apply. Jagods is not responsible for content or conduct outside its own platform and reserves the right to disable or remove links to or from third-party sources at its sole discretion—though it is under no obligation to do so. • You understand and accept that we cannot and do not guarantee other users’ or vendors’ compliance with Jagods’ terms or applicable laws, and you assume all associated risks arising from any such non-compliance. Here’s the rewritten version of Clause 8: Your Representation and Warranties tailored for Jagods (a Jagdai Foods platform): 14. YOUR REPRESENTATIONS AND WARRANTIES a. You confirm that all information provided during your registration on the Jagods platform is true, accurate, lawful, and complete to the best of your knowledge. b. Your use of the Jagods platform is strictly personal. You shall not permit any other person or entity to access or use your account. You are solely responsible for maintaining the confidentiality of your login credentials and all actions that occur under your account. c. You represent and warrant that you either own or are duly authorized to share the information and content you provide on the Jagods platform. Such information must be complete, correct, and not misleading; it must not violate any applicable laws, regulations, orders, or public policies. Furthermore, it must not be harmful, defamatory, or discriminatory in any form, including on the basis of gender, caste, religion, race, or economic status. d. You agree not to submit or transmit content that: • Is defamatory, harassing, abusive, threatening, or invasive of another person’s privacy; • Contains hate speech, is discriminatory, or incites violence; • Is obscene, sexually explicit, or otherwise offensive in nature; • Promotes or discusses illegal activities with intent to commit them. e. You confirm that you possess all necessary licenses, consents, permissions, and rights to use and publish any content, including but not limited to intellectual property rights such as trademarks, copyrights, or trade secrets, and that no additional payment or authorization is required from any third party for such use. f. You shall not upload or distribute any files or software that contain viruses, malware, or harmful components that may damage or interfere with the Jagods platform, its systems, or any user’s experience. Content that is vulgar, obscene, profane, offensive, defamatory, harmful, or politically charged will not be tolerated. g. You agree not to use another person's account credentials, personal information, likeness, voice, or image without authorization, nor will you impersonate any individual or misrepresent your identity or affiliation. 15. DISCLAIMER OF WARRANTIES & LIABILITY – JAGODS • The Jagods platform, its services, content, user-submitted content, and any third-party content are provided on an “as is” and “as available” basis, without warranties of any kind—express, implied, statutory, or otherwise. This includes, but is not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. • Jagdai Foods makes no representation or warranty that: o The results obtained from using the Jagods platform or its services will be accurate, timely, or reliable; o The services will meet user expectations; o Any errors or defects will be corrected; or o Continuous, uninterrupted, or secure access will always be available. • No advice or information, whether oral or written, obtained from Jagdai Foods or Jagods shall create any warranty unless expressly stated in these Terms of Use. • To the fullest extent permitted under applicable law, Jagdai Foods assumes no liability in relation to: o User-generated or third-party content, including issues relating to intellectual property, privacy, publicity, obscenity, or defamation; o Any loss, misuse, modification, or unavailability of such content; o Unauthorized access to or use of your account or information, with or without your knowledge. • Although reasonable efforts are made to ensure the accuracy of information displayed, Jagdai Foods does not warrant or guarantee the quality, accuracy, or completeness of any data, product, service, or listing on the Jagods platform. • Jagdai Foods shall not be responsible for: o Delays, failures, or inability to use the Jagods website or app; o Functional issues or the lack thereof during planned or unplanned outages; o Technical issues or events beyond its control; o Any damage caused to your device or data loss resulting from use of or access to the platform or any downloaded materials; o Errors in promotional content, including invalid coupons or offers, whether created internally or provided by third parties. • If the Jagods app is accessed via third-party app stores (e.g., Apple App Store or Google Play), any warranty claims or disputes must be addressed per the terms applicable to those platforms. The respective store providers are not liable for any product, consumer protection, or intellectual property claims associated with Jagods or Jagdai Foods. • Jagdai Foods shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from food orders, delivery delays, incorrect orders, or food-related complaints. Any disputes arising from such issues shall be directed to the respective food provider. 16. INDEMNIFICATION AND LIMITATION OF LIABILITY – JAGODS • You agree to indemnify, defend, and hold harmless Jagods (operated by Jagdai Foods), its affiliates, subsidiaries, restaurant partners, vendors, employees, officers, directors, agents, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, losses, damages, demands, liabilities, penalties, actions, costs, and expenses (including reasonable legal fees) arising from: o (i) Your breach of these Terms of Use; o (ii) Any third-party claims resulting from your use of the Platform; o (iii) Any content, data, or material submitted or posted by you on the Platform; o (iv) Your violation of any applicable laws or third-party rights, including but not limited to intellectual property rights; o (v) Any claims arising due to your interactions, transactions, or disputes with restaurant partners listed on the Platform. • Jagods acts solely as a facilitator connecting users with independent restaurant partners. Jagdai Foods does not assume liability for the quality, safety, legality, or standard of food, packaging, hygiene, or delivery offered by any restaurant partner. The responsibility for food preparation, quality, ingredients, and fulfillment lies solely with the respective restaurant partner. • Jagdai Foods’ total aggregate liability to you for any and all claims relating to your use of the Jagods platform or services, regardless of form or cause of action, shall not exceed ₹100 (Indian Rupees One Hundred) or the total transaction value paid by you for the specific order in dispute—whichever is greater. • Under no circumstances shall Jagdai Foods or its restaurant partners, affiliates, officers, employees, vendors, or agents be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of data, profits, goodwill, or service disruption, even if such damages were foreseeable or advised. • You acknowledge that Jagods is not liable for any delays, cancellations, service issues, or disputes arising directly from restaurant partners or delivery personnel, as they operate independently. However, Jagods will provide reasonable support to resolve user grievances related to orders made via the Platform. 17. TERMINATION – JAGODS (Operated by Jagdai Foods) • These Terms of Use shall remain effective unless and until terminated by either you or Jagdai Foods. You may terminate your relationship with Jagdai Foods by:Ceasing all access and use of the Jagods Platform; • Jagdai Foods reserves the right, at its sole discretion and without prior notice, to suspend or terminate your access to the Jagods platform if it determines that: o You have violated any terms of this agreement or applicable policies; o Your continued access is not commercially viable; o Required by law enforcement or government request; o Technical issues or unforeseen problems arise making the Services inoperable; or o Jagdai Foods decides to discontinue the platform or its services in part or full. • Termination may result in: o Revocation of access to your Jagods account and all services therein; o Deletion of your account data, personal information, order history, or uploaded content; o Blocking of future access to the Jagods platform; o Auto-cancellation of all pending or unfulfilled orders placed by you, without any further liability on Jagdai Foods. • You acknowledge that termination is at the sole discretion of Jagdai Foods, and Jagdai Foods shall not be held liable to you or any third party for the suspension or termination of your access, account deletion, or the cancellation of active orders due to termination. • Certain clauses intended to survive termination (such as indemnity, limitation of liability, intellectual property rights, disclaimers, etc.) shall continue to remain in effect even after termination of this agreement. 18.REPORT ABUSE AND TAKEDOWN POLICY – JAGODS If you come across any content on the Jagods platform that: • Violates these Terms of Use or Sale, • Appears to be abusive, offensive, or unlawful, • Contains objectionable material, or • Infringes the intellectual property rights of Jagdai Foods or any third party, you are requested to report the same immediately by contacting our support team at info@jagdaifoods.com Jagdai Foods strictly prohibits and does not tolerate the publication or transmission of obscene content or any material deemed offensive under applicable Indian laws. Any such content, if found or reported, shall be promptly reviewed and may be removed from the Jagods platform without notice. We reserve the right to take appropriate legal action, disable accounts, or remove content at our sole discretion upon receiving valid reports or identifying violations. 19. COMMUNICATIONS – JAGODS By using the Jagods platform or by sending emails, messages, or any form of communication to Jagdai Foods, you acknowledge and agree that such interactions constitute electronic communication. You consent to receive communications from Jagods electronically—whether via email, SMS, app notifications, or notices published on the platform. Such communications shall be considered valid and legally sufficient service of notice or updates, to the fullest extent permitted under applicable laws. These may include, but are not limited to, order updates, promotional content, terms updates, or policy notices. 20.MISCELLANEOUS PROVISIONS i) Assignment You shall not assign or transfer your rights or obligations under these Terms to any third party without prior written consent. However, Jagdai Foods may freely assign or transfer its rights and obligations under these Terms, including transferring your account information in case of a business acquisition or restructuring. ii) Force Majeure Jagods (a unit of Jagdai Foods) shall not be held liable for any failure or delay in the performance of its obligations under these Terms and Conditions, or for any loss, damage, cost, or expense incurred by the customer due to such failure or delay, if it arises from a Force Majeure Event. A Force Majeure Event refers to any circumstance beyond the reasonable control of Jagods, including but not limited to natural calamities such as fire, flood, earthquake, or other acts of God; riots, civil disturbances, strikes, lockouts, war (whether declared or not), insurrection, acts of terrorism; acts or orders of governmental or regulatory authorities; failure of telecommunication or internet services; breakdown of transportation or logistics systems; and any technical failure, system breach, or hacking incident affecting the Website or related services. Such events, whether foreseeable or not, that render the performance of obligations impossible or impractical, shall release Jagods from liability for the duration and extent of such impact. iii)Notice All official communication from Jagdai Foods shall be made via email or general notifications on the Jagods platform. Any notices from you must be addressed to: Email: info@jagdaifoods.com iv) Independent Relationship The relationship between you and Jagdai Foods is on a principal-to-principal basis. Nothing in these Terms shall create any agency, joint venture, employment, franchise, or partnership relationship. Jagdai Foods does not have any authority to bind you or act on your behalf in any transaction. v)Severability If any provision of these Terms is found to be invalid or unenforceable by a court, such provision shall be enforced to the maximum extent permissible, and the remaining Terms shall continue in full effect. vi)Waiver Failure or delay by Jagdai Foods to enforce any provision of these Terms shall not constitute a waiver of its rights. Any waiver must be explicitly made in writing. 21.refund clouse In case of an approved refund due to any valid issue, the amount will be credited to your original payment method within 7 business days, subject to standard banking and payment gateway processes. 22. DISPUTE RESOLUTION In the event of any dispute arising out of or related to these Terms, the same shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration proceedings shall be conducted in English, with the seat and venue of arbitration at Ahmedabad, Gujarat. The arbitral tribunal shall follow principles of natural justice and aim to resolve disputes equitably without being bound by technical rules of evidence. The arbitration award shall be final and binding on all parties. 22. GOVERNING LAW & JURISDICTION These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, all disputes shall be subject to the exclusive jurisdiction of the competent courts in Ahmedabad, Gujarat. JAGDAI FOODS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT, WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. JAGDAIFOODS.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE. Please Note: By accepting these Terms and Conditions, you are deemed to accept our Terms and Conditions