Terms of Use

Latest Updated : 20 Jan 2018

DISCLAIMER:

PLEASE TAKE NOTE THAT ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE WWW.MOBISKRIBE.COM / MOBILE APPLICATION OR PURCHASES MADE OTHERWISE FROM MOBISKRIBE TECHNOLOGIES PRIVATE LIMITED INDICATES YOUR AGREEMENT TO THESE USER TERMS AND CONDITIONS OF USE SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

  1. Electronic Record

    1. The present document shall constitute and be deemed to be electronic record as defined and in accordance to the provisions of the Information Technology Act, 2000 and the rules made there under, applicable to electronic record, as well as any amended provisions including but not limited to legislations stipulated in various statues relating to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures
    2. This document is being published on WWW.MOBISKRIBE.COM and its Mobile Application in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
  2. Introduction

    1. We thank You (“Customer/User/You/Your”) for registering with Mobiskribe Technologies Private Limited and/or Mobiskribe as its brand, (“We”/”Us”/”Our”/”Mobiskribe”) on www.mobiskribe.com (“Website”) as well as on our Mobile Application (“App”). Your agreement with us includes these User Terms and Conditions (“Terms”) and our Privacy Policy (together the “Policies”). If You don’t agree with these Policies, then please don’t use our Subscription Services (defined later). Please note that You will not be able to book/opti for Subscription Services if You have not clicked and accepted these Terms.
    2. By agreeing to these Terms, You hereby agree to the following : That any registration information that You submit to Us is true, accurate and complete, and You agree to keep it that way at all times.
    3. Membership Eligibility
      1. Use of the Website and/or the App as well as other services provided by Mobiskribe are available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/App or place orders. If You are a minor i.e. under the age of 18 years, We assume that you have the consent of your guardian to use out Website. It is however clarified that whilst registering as a member of the website or placing any order, Mobiskribe shall solely rely upon the information provided by You and representations made. In the event the information provided is found to be incorrect, You undertake to indemnify Mobiskribe and hold Mobiskribe harmless against any third party civil or criminal claim.
  3. User Account, Password And Security:

    1. For any purchases to be made through the Website/App directly it is mandatory for You to become a member. Upon registering Yourself, You will have to enter a unique arrangement of numbers, digits a letters that shall be confidential (“Password”) to be able to log in to your account.
    2. You are responsible for maintaining the confidentiality of the Password and Your account, and are fully responsible for all activities that occur under Your account. You agree to,
      1. Immediately notify Mobiskribe in case of any unauthorized use of Your account or any other breach of security, and
      2. Ensure that You exit from Your account at the end of each session. Mobiskribe cannot and will not be liable for any loss or damage arising from Your failure to comply with this clause.
  4. Use Of Our Services:

    1. You understand and agree that by registering with Mobiskribe, You will be able to opt for weekly/monthly subscription services of customized meals from different vendors listed with Mobiskribe (“Subscription Services”) delivered to the desired address of the Customer. Mobiskribe is only an aggregator/marketplace for vendors who prepare meals and service to the Customers according to the chosen Subscription Services.
    2. The prices for each meal prepared by the vendors (“Tiffins”) and the weekly/monthly Subscription Services shall be listed on the Website. However, the prices are subject to change from time to time with or without notice to the Customer. However, any change in prices for the Subscriptions that are already active and running shall be intimated to the Customer in advance.
    3. Mobiskribe shall endeavor to deliver the Tiffins through its Vendors in a timely manner during the slots as provided on our Website. In the event, there is a delay in delivery; we will try our best to intimate you of such delay as soon as practicable. In the event You have opted for a single Tiffin or a Subscription Service and our team fails to deliver Your meal on time, our maximum liability under any and all circumstances shall be limited to refund of the cost of that Tiffin/Subscription Service.
  5. User Conduct

    1. By choosing to opt for a Subscription Service You understand and agree that while our aim is to deliver a healthy, hygienic, nutritious and tasty Tiffin meal every time, there are certain obligations on You as Customer as well.
      1. You shall be liable to make complete payment of Subscription fee for all Subscription Services availed as per the invoice cum receipt presented to You at the time of making the transaction which shall include service fees, product costs and statutory taxes.
      2. You shall consume the contents of the Tiffins within the time as prescribed on its packaging. You shall also follow instructions of storage of the Tiffins, in case the same is not consumed within a certain stipulated time.
      3. You or any member within Your home premise, shall not at any point misbehave with our delivery personnel, harass or use abusive language or use physical violence and/or behave in any manner that is unlawful. In the event You are unhappy with the quality of the Tiffin/s or in case of any complaint with respect to the Subscription Services, You may raise a flag intimating the issue/complaint/register a feedback on our Website/App. We will get back to You with specialized assistance within 24 hours of receipt of the message.
    2. Mobiskribe endeavors to provide a comfortable and flawless experience to all its Customers. However, in case of any loss or damage suffered by the Customer arising directly out of the Vendor’s fault and solely attributable to the negligence of the vendor in course of rendering Subscription Services, the total liability of the vendor shall in all cases be limited to an amount not exceeding the value of the Subscription Service availed by the Customer. Mobiskribe shall not be liable for any damages of any kind arising from the use of the Subscription Services in case such damage is incidental, punitive, and consequential.
    3. Mobiskribe encourages all its Customers to take full responsibility of their belongings. In case any items or belongings of the Customer is found to be missing post availing delivery of Tiffin/s, the Customer shall have to notify Mobiskribe within four (4) hours from the time of accepting delivery of such Tiffin. Mobiskribe shall try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
    4. If the Customer suspects any wrongdoing (legal or illegal) or has any complaint in respect of the Tiffin/Subscription Services or regarding the delivery personnel, the Customer is encouraged to inform Mobiskribe of the same in writing within 24 hours at support@mobiskribe.com Mobiskribe shall not be liable for the conduct of its vendors/delivery personnel of the vendors.
    5. Cancellation of Services and Refund Policy
      1. In the event the Customer has booked a Subscription Service on the Website/App and made an online payment for same, Mobiskribe shall send a message using SMS/Email to such Customer, confirming such Subscription Services and acknowledging such payment. In the event the Customer cancels the Subscription Service at anytime during the tenure (day/month/ week) of Subscription, once the payment for the same is made, Mobiskribe shall proportionately deduct cost of Tiffins consumed, make a further deduction of Approx 3 % as cancellation fee , also shall deduct of discounts/Coupon discount offered if any at the time of purchase and refund the balance amount to the Customer on his designated bank account within fifteen (15) days of such cancellation. In the given situation if the cancellation charges exeeds the the subscription balance the user shall be restricted to cancel the service and cancellation option will not be offered to the user .In the event, the Customer has made payment of Subscription fees directly to the vendor, the vendor shall make necessary deductions as mentioned above and refund the balance amount to the Customer within seven days of such cancellation.
    6. Shipping and Delivery
      1. Mobiskribe endeavours dispatch,shipping and delivery of the subscription services shall be done by the subscribed vendor or third party delivery person appointed by the Subscribed vendor.
  6. Intellectual Property Rights

    1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mobiskribe owns all Intellectual Property Rights to and in the Website/App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce or distribute any content from the Website/App belonging to Mobiskribe without obtaining an express authorization from Mobiskribe.
    2. Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Subscription Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of our Subscription Services. However, with regard to the product customization service (as against other Services like blogs and forums) You expressly agree that by uploading and posting content on to the Website/App for public viewing and reproduction/use of Your content by third party users, You accept as the User whereby You grant a non-exclusive license for the use of the same.
  7. Indemnification

    1. You agree to indemnify, defend and hold harmless Mobiskribe from and against any and You shall indemnify and hold harmless Mobiskribe, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.
  8. Pricing

    1. Prices for Tiffins / Subscription Services are described on our Website/App and are incorporated into these Terms by reference. All prices are in Indian rupees and are subject to change at the sole discretion of Mobiskribe without prior notice to the Customer.
  9. Termination

    1. Mobiskribe may de-register You from its platform and/or terminate Your use of the Website/App or its Services if it believes, in its sole and absolute discretion that You have breached, violated, abused, or unethically manipulated or exploited any of these Terms.
    2. Notwithstanding anything mentioned in 9.1 above, these Terms will survive indefinitely unless and until Mobiskribe chooses to terminate them.
    3. If You or Mobiskribe terminates Your use of the Website/App or any Service, Mobiskribe may delete any content or other materials relating to Your use of the Service and Mobiskribe will have no liability to You or any third party for doing so.
    4. You shall be liable to pay for any Subscription Service or Tiffin that You have already ordered / used till the time of Termination by either party whatsoever.
  10. Governing Law

    1. This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. In the event of dispute between the parties pertaining to these Terms as well as for any Service/product sold by Mobiskribe through the Website/App, the same shall be subject to the exclusive jurisdiction of the of the courts at Mumbai.
  11. Severability

    1. If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
  12. Amendment

    1. Mobiskribe reserves the right to change, modify, add or remove portions of these Terms at any time without any prior notification to user(s) and the amended and revised Terms shall be effective forthwith. Your continued use of our Services will signify Your deemed acceptance of the revised Terms.

Pre Launch Mobiskribe Festival Campaign Terms and Conditions

This marketing Campaign is from Mobiskribe.com under the arrangements of Mobiskribe Technologies Private Limited in collaboration with the sellers associated to mobiskribe.com. It is Open for all the individuals who register at www.Mobiskribe.com as a customer in the prelaunch period starting from (22th January 12:00 AM 2018 to 28th January 2018 11:59 PM. (7 Days Offer Time).

Terms and Conditions

This offer is valid for only those Users registering to mobiskribe.com within the aforementioned prelaunch period.

Mobiskribe will offer one free meal to all customers who purchase a monthly deal for any packages listed under mobiskribe.com, i.e. one meal per monthly subscription. Deals under which pre-launch benefits will be available will be clearly mentioned under a monthly package after 1st February 2018. This Offer will be valid for three consecutive months starting from 1st February 2018, 12:00 AM to 30th April 2018 11:59 PM for Customers registered under the aforesaid pre-launch period.

If user is registered under the pre-launch time period and purchase a monthly deal under a package within first three months, user will be eligible to avail pre launch benefits. User can purchase as many deals as required under the pre-launch benefit period. i.e user can purchase monthly deal from any of the service provider till 30th April 2018 11.59 PM to get eligible for one meal free. It is mandatory for a user to purchase the subscription from the same mobile number mentioned at the time of registration at pre-launch Mobiskribe to avail this service.

Users registering for pre-launch benefit has to register before 28th January 2018 11:59 PM to avail prelaunch benefits. Pre Launch benefits will be eligible only to registered subscribing customer. If pre-launch registered customer purchase a monthly deal for any other Individual within the time period, pre -launch benefit will be eligible to only the registered customer and not for the customer for whom the deal/meals was purchased. Register customer who have not purchased any meals from any service provider will not be eligible to avail prelaunch benefits.

Other Disclaimers:-
  1. On 100% completion of the subscription purchased, user will be assigned automatically a new meal. To avail the service user has to select the date when the pre-launch free meal is supposed to be delivered. If User fails to respond with the order date for pre-launch free meal, the prelaunch benefit link shall expire in 3 days. Day when the link appears to the user shall be counted as a full day for the process. This Link will be shown under ‘My Mobiskribe’ of the registered users account. On 100 percent consumption of the subscribed meal, pre-launch registered customer will be informed by mobiskribe through account notification and email notification.
  2. If in a given situation, if the monthly subscription purchased is cancelled by the seller or the subscribing customer, registered user shall not be eligible to avail pre-launch benefits
  3. Mobiskribe pre-Launch benefits is subject to availability of products and services in the selected location. In case where user cannot find any service provider for the selected location or in case of non availability of the products, Mobiskribe under no circumstances shall be held liable.
  4. This offer is valid for only new customers to mobiskribe.com. Any Registered user availing this offer shall be deemed to have accepted these Terms and Conditions.
  5. In case any fraudulent activity is identified to avail the benefits under the said offer, mobiskribe reserves the right to disqualify the registered user.
  6. Mobiskribe reserves the right to change, edit, alter, modify, add any of the said clauses with or without assigning any reason.
  7. Handover subscription will not be possible for every prelaunch free meal.
  8. Referral meals will not be encashable. In Case of cancellation of subscription, user shall not be eligible for referral free Meals.
Refer and Earn- Terms and Conditions

Refer and Earn is a marketing Campaign from Mobiskribe.com under the arrangements of Mobiskribe Technologies Private Limited in collaboration with the sellers associated to mobiskribe.com . It is Open for all the individuals who register at www.Mobiskribe.com as a customer in the prelaunch period as Well as new customer registering after 28th January 2018.

Under this campaign, user need to invite his family and friends using the referral code to avail this benefit. If the family and friends of the user registers with the referral code and purchases a monthly deal for any package, user will be assigned one meal free on 100 percent consumption of the package.

In case, user is assigned free referral meal and user has not purchased any meal from any seller, user shall disqualify to avail any benefits under the scheme.

This referral program is only applicable if family or friends is a new customer to Mobiskribe. Existing registered user of mobiskribe shall not be entitled to referral benefits.

This referral Program shall start From 1st February 2018 and Mobiskribe reserves the right to close this referral program at any point of time with or without reason and will not be responsible for any additional new free meal.

On 100% completion of the subscription purchased by family or Friend, user will be assigned automatically a new meal as ‘Referral Free Meal’. To avail the service, user has to select the date and time when the Referral Free Meal is to be delivered. If user fails to respond with the order date for Referral Free Meal, the Referral Free Meal benefit link shall expire in 3 Days. Day when the link appears to the user shall be counted as a full day for the process .This Link will be shown under My Mobiskribe of the registered Users Account. On 100 percent consumption for the subscribed meal, referral registered customer i.e the user who has referred will be informed by mobiskribe through mobile notification and email notification.

Handover Subscription will not be possible for every Referral Free Meal.

Referral Free Meals will not be encashable by the user. Any Registered user availing this offer shall be deemed to have accepted these Terms and Conditions.