Customer Terms & Conditions

Thank you for using Ownly!

1. These Terms and Conditions ("T&Cs") intend to make the consumer ("Consumer"/ "You"/ "Your") aware of your legal rights and responsibilities with respect to your access to and use of our website and mobile application (together, "Platform"), for ordering food, beverages and related products ("Order") listed on our Platform by various Restaurant Partners ("Services").
2. Please read these T&Cs carefully. By accessing or using the Platform, you are agreeing to these T&Cs and concluding a legally binding contract with us and/or our affiliates. You may not use the Services if you do not accept the T&Cs.
3. Your use of the Platform is at your own risk.

1. You hereby represent and warrant that you are at least 18 (eighteen) years of age or above and are fully able and competent to understand and agree these T&Cs.
2. You represent that you are in compliance with all applicable Indian laws and regulations when you access and use the Services. You agree to use the Services only in compliance with these T&Cs and applicable laws, and in a manner that does not violate our legal rights or those of any third parties.

1. You must create an account in order to use the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy, incorporated here by reference.
2. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account.
3. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites. You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
4. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for any purpose and that you will be liable for such unauthorized access.
5. By creating an account, you agree to receive certain communications in connection with Platform or Services.

1. Your request to order Products from a Restaurant Partner on the Platform shall constitute an unconditional and irrevocable authorization issued in favour of us to place orders Products against the Restaurant Partner on your behalf.
2. Delivery of an Order may either be undertaken directly by the Restaurant Partner against whom you have placed an Order, or facilitated by us through a third-party who may be available to provide delivery services to you ("Delivery Partners"). In both these cases, we are merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner, as the case may be.
3. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner, as the Delivery Partner or the Restaurant Partner may determine (including surge pricing, if any) ("Delivery Charges"). You agree that we are authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Delivery Partner, as the case may be.
4. All prices listed on the Platform are provided by the Restaurant Partner, including packaging or handling charges, if any, at the time of publication on the Platform and the same are displayed by us as received from the Restaurant Partner. In the event of a conflict between price on the Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge.
5. We are not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s) on behalf of the Consumers pursuant to the unconditional and irrevocable authority granted by the Consumers to us, and facilitates the sale and purchase of food and beverages or Products between Consumers and Restaurant Partners, under the contract for sale and purchase of food and beverages or Products between the Consumers and Restaurant Partners.

1. You agree to use the Services only for purposes that are permitted by T&CS and applicable laws, regulation or generally accepted practices or guidelines in India.
2. You agree to use the data owned by us (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use, unless agreed to by/with us in writing.
3. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by us.
4. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not attempt to delete or revise any material or information posted by any other Consumers, shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

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

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

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

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

1. We reserve the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from you, in respect of any of its product or service on the Platform anytime.
2. We may from time to time introduce referral and/or incentive-based programs for the Consumers ("Consumer Plans"). We reserve the right to modify, cancel and discontinue any Consumer Plan without notice. Furthermore, we reserve the right to terminate / suspend the your account and/or credits / points earned and/or your participation in the Consumer Plan if we determine (in our sole discretion) that You have violated the rules of the Consumer Plan and/or has been involved in activities that are in contravention of the Consumer Plan terms and/or these T&Cs or have engaged in activities which are fraudulent / unlawful in nature.
3. We may from offer credits, promo codes, vouchers or any other form of cashback at our discretion. We reserve the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as deemed fit.

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

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

1. We shall not be liable for any acts or omissions on part of the Restaurant Partner including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
2. The Restaurant Partner shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Consumer and in no event shall be our responsibility.
3. Notwithstanding anything to the contrary herein set out, the Company's aggregate liability under these T&C shall not exceed the total value of INR 2,000.
4. You agree to indemnify, defend, and hold harmless the Company from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these T&Cs, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.
5. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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

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