Terms

DEFINITIONS

The domain name www.MetroFixers.com (hereinafter referred to as "Website") is owned by MetroFixers Pvt Ltd a company incorporated under the Companies Act, 2016 with its registered office at #Office Address (hereinafter referred to as “MetroFixers”).

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems.

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

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

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

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

MetroFixers reserves the right to store, evaluate, analyse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that MetroFixers continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.

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


RULES OF CONDUCT
The MetroFixers Service shall facilitate the User to order or book services online by using the MetroFixers App and/or Website. You acknowledge, agree that you have complete responsibility while ordering Food through the MetroFixers App and/or Website. The User’s discretion is required while using the MetroFixers Service.


User’s Use of the MetroFixers Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the MetroFixers App and/or the Website.

ORDERING
You agree that, any contract for the service ordered through use of MetroFixers App and/or Website is between you and MetroFixers; any contract for the supply of MetroFixers Service from the MetroFixers App and/or Website is between you and MetroFixers. You agree to take reasonable care when providing MetroFixers with your details and warrant that these details are accurate and complete at the time of ordering a service. You also warrant that the credit or debit card details that you provide are of your own credit or debit card.

MetroFixers Service and/or Services purchased/availed from the MetroFixers App and/or Website is intended for your use only and that you are acting as an end customer only and not as an agent for another party while using the MetroFixers Service.

You understand that some type of services may be suitable for users within certain age ranges and gender only unless mentioned otherwise. It is your sole responsibility to check whether the service you are ordering is suitable for the intended recipient.

You understand that, if the ordered service is within the capacity of the MetroFixers or it's associated vendors, MetroFixers will accept the contract and confirm it to you. If the details of the order are correct, the contract for the service will be confirmed by text message (SMS) and/or other medium to the User.

In case the service offered by MetroFixers is ordered, MetroFixers will confirm availability together with or separately from service.

The confirmation message will specify delivery details including the approximate service time specified by MetroFixers.

In case service is not possible for whatsoever reason, MetroFixers will let you know by text message (SMS), phone call and/or other medium. You understand and acknowledge that in unforeseeable events or Force Majeure events, MetroFixers may not be able to reach and/or communicate with You about the non-availability of the scheduled service.

PRICES AND PAYMENT
All prices listed on the MetroFixers App and/or Website for services are correct at the time of publication and is as received vendors wherever applicable. While MetroFixers takes great care to keep them up to date, the final price charged to you by MetroFixers or the vendor may change at the time of delivery based on the latest menu and prices. MetroFixers reserves the right to alter the menu of the services available for usage on the MetroFixers App and/or Website and to delete and remove them if needed.

All prices listed on the MetroFixers App and/or Website for services by MetroFixers or its associated vendors listed on the MetroFixers App and/or Website reflect the price charged by MetroFixers or the vendor or its service partner at the time of listing. In the event where the vendor or the service partner informs MetroFixers immediately after placing the order by the User, about the change in price for the service, MetroFixers will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.

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

The total price for services including all other charges, taxes, costs, if any, will be displayed on the MetroFixers App and/or Website when you place your order. For orders that need an inspection or visit, the final cost towards the service will be confirmed after the inspection/ visit and before commencement of the service. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the MetroFixers App and/or Website, by online payment including through credit card, debit card, netbanking or wallet.
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If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.

 

SERVICE

Service time quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address as intimated by you while ordering.

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

All orders are serviced by reputable businesses. MetroFixers and the vendor or service partners will make every effort to deliver within the time stated; however, MetroFixers will not be liable for any loss caused to you by late delivery. If the service is not offered within the estimated delivery time quoted, User shall contact MetroFixers by email and MetroFixers will try to ensure that you receive your order as quickly as reasonably possible.

In case of a late service, no charges will either be voided or refunded by MetroFixers.

All risk in the service shall pass to you upon availing the service though MetroFixers takes ample precaution to avoid any such risks.

If you fail to accept the service at the time they are ready or MetroFixers is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the service shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which MetroFixers incurs as a result of the inability to service shall be your responsibility and you shall indemnify MetroFixers in full for such cost.

You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service. MetroFixers cannot be held liable for any damage, cost or expense incurred to such service as a result of a failure to provide adequate access or arrangements for service. MetroFixers or the vendors or service partners, aim:
-> to offer services at the place of service requested by you in your order;
-> to deliver within the time confirmed in your order;
-> to inform you if they expect that they are unable to meet the estimated service time.

MetroFixers, the vendors or the service partners shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

You understand and accept that it might not be possible for MetroFixers, vendor or service partners to offer services to some locations. In such cases, MetroFixers will inform you accordingly and arrange for cancellation of the order or service to any alternative delivery address.


CANCELLATION

You must notify MetroFixers immediately if you decide to cancel your order, through the app or by phone. If MetroFixers accepts your cancellation, no cancellation fee applies. If MetroFixers is unable to accept your cancellation for some reason e.g. because task force has been allocated and/or task force is already out for service, the order for the service may not be cancelled. MetroFixers will not be able to refund the money already paid for any cancelled order, for which service arrangements have been already made.

MetroFixers may cancel an order if the service unavailable for any reason. MetroFixers will notify you if this is the case and return any payment that you have made. +

If the cancellation was made in time and once MetroFixers has accepted your cancellation, MetroFixers will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days.

In the unlikely event that MetroFixers offers a wrong service, you have the right to reject the service of the wrong order and you shall be fully refunded for the order if you decide not to opt for the correct service. The order’s completeness will be decided by comparing offered service with the booked service. If the Participating Restaurant can only do a partial delivery wherever applicable. You have the right to refuse a partial order.

In cases of addresses being incomplete, MetroFixers reserves the right to cancel such orders automatically.

PERSONAL INFORMATION AND PRIVACY

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

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

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


OWNERSHIP OF INTELLECTUAL PROPERTY

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


DISCLAIMER AND LIMITATIONS OF LIABILITY

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

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

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


INDEMNIFICATION

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

APPLICABLE LAWS

Terms and your use of MetroFixers Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the MetroFixers Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Hyderabad, Telangana, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.

GENERAL PROVISIONS

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

COMPLAINTS

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

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE MetroFixers SERVICE. If you have any questions about the terms & conditions, please contact us at:


MetroFixers PVT LTD.,
Plot no 48 FF,
Park view enclave,
Manovikas nagar,
Near NIMH & Reliance fresh,
Old Bowenpally, Secunderabad, 500009.
Phone: 040 4026 6706
Mail: support@metrofixers.com

support@MetroFixers.com
This document was last updated on August 17, 2015