Terms and Conditions

This page (together with our Cookies Policy) sets out the terms and conditions (“Website Terms”) on which we, PAVRATHA.COM (“we”, “us”, “our” or “PAVRATHA”), provide our services through our website https://pavratha.com/ and any PAVRATHA mobile application through which you (“you”, “your” and “yours” are references to you the person accessing this Website and ordering any products or Services from the Website or from any other medium offered by PAVRATHA) access our website or services (together, “Website”). Please read these Website Terms carefully before ordering any products through, the Website, as your purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference.

Use of your personal information submitted via the Website is governed by our Privacy Policy and Cookies Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://pavratha.com/ and any PAVRATHA mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time). By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE
1.1. Company details:

 WWW.PAVRATHA.com is a website owned and operated by Pavratha, India.

1.2. Service:

 PAVRATHA provides a way for you to communicate your orders (“Orders”) for products (“Products”) to independent delivery or takeaway restaurant who prepare the products and/or deliver the products or services and for both, our Restaurant take full responsibility, displayed on the Website (the “Service”).,

2. WEBSITE ACCESS AND TERMS
2.1. Website access:

 You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms:

 By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms:

 We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility:

 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS
3.1. Capacity and age:

 By placing an Order through the Website, you confirm that you are legally capable of entering into binding contracts; and you are at least 18 years old.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order:

 Once you have selected the Products you wish to order from the menu of pavratha and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “confirm order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.

4.2. Amending or Cancelling your Order:

 Once you have submitted your Order and your payment has been authorized (if payment is done online in advance), you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you must notify us immediately. If you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of your order has been completed and/or delivery personnel has already been dispatched, it may not be canceled. We will not be able to refund any order, which has been already dispatched.

4.3. Payment authorization:

 Where any online payment you make is not authorized, your Order will not be processed or communicated to the Restaurant.

4.4. Processing your Order and Restaurant rejections:

 On receipt of your order, we will begin processing it and will notify you by email that your order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicates that your order has been received and is being processed by us, and does not necessarily mean that your order has been accepted by the Restaurant. We encourage our Restaurant to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurant has the discretion to reject Orders at any time because it’s too busy, due to weather conditions, or for any other reason.

4.5. Delivery of your Order:

 Estimated times for deliveries and collections are provided by the Restaurant and are only estimates. We do not guarantee that Orders will be delivered or will be available for collection within the estimated times.

5. PRICE AND PAYMENT
5.1. GST and delivery costs:

 Prices will be as quoted on the Website. These prices exclude GST. These will be added to the total amount due where applicable.

5.2. Incorrect pricing:

 This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, our Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.3. Payment methods:

 Payment for Orders must be made by an accepted credit or debit card through the Website or by Cash on Delivery, or in cash to the Restaurant for takeaway/pickup orders. Failure to pay on time will result in the cancellation of your order.

5.4. Card payments:

 If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5.5. Credit and discount vouchers:

 A credit or discount may apply to your order if you use a promotional voucher or code recognized by the Website and endorsed by PAVRATHA, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that not our Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

5.6. Rejected Orders:

 Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.4 above) or 

for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that our Restaurant will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

 

6. LICENCE
6.1. Terms of permitted use:

 You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

6.1.1.

You must not misuse the Website (including by hacking or “scraping”).

6.1.2.

Unless otherwise stated, the copyright and other intellectual property rights in the Website and in the material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 6.1 is prohibited.

6.1.3.

You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs, or any other graphics, video, or audio sequences separately from any accompanying text.

6.1.4.

You must ensure that our status as the author of the material on the Website is always acknowledged.

6.1.5.

You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.

6.2. Limitation on use:

 Except as stated in paragraph 6.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

6.3. Reservation of rights:

 Any rights not expressly granted in these Website Terms are reserved.

7. SERVICE ACCESS
7.1. Website availability:

 While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

7.2. Suspension of access:

 Access to the Website may be suspended temporarily at any time and without notice.

7.3. Information security:

 The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

8. VISITOR MATERIAL AND REVIEWS
8.1. General:

8.1.1.

Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting, uploading, or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material and that we and anyone we designate will be free to copy, disclose, distribute, incorporate, and otherwise use any Visitor Material and all data, images, sounds, text, and other things embodied in it for any and all commercial or non-commercial purposes.

8.1.2.

You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 8.2 to 8.3 below.

8.2.

Visitor Material Policy: You are prohibited from posting, uploading, or transmitting to or from the Website any Visitor Material (including any Reviews) that:

8.2.1.

breaches any applicable local, national, or international law;

8.2.2.

is unlawful or fraudulent;

8.2.3.

amounts to unauthorized advertising; or

8.2.4.

contains viruses or any other harmful programs.

8.3. Visitor Reviews Policy:

 In particular (but without limitation), any Reviews that you submit through the Website must not:

8.3.1.

contain any defamatory, obscene, or offensive material;

8.3.2.

promote violence or discrimination;

8.3.3.

infringe the intellectual property rights of another person;

8.3.4.

breach any legal duty owed to a third party (such as a duty of confidence);

8.3.5.

promote illegal activity or invade another’s privacy;

8.3.6.

give the impression that they originate from us; or

8.3.7.

be used to impersonate another person or to misrepresent your affiliation with another person.

8.4. Removal of Reviews:

 The prohibited acts listed in paragraphs 8.2 and 8.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded, or transmitted to the Website that we determine breaches a prohibition in paragraphs 8.2 or 8.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

8.5. Use of Reviews:

 The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice, or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials.

8.6. Liability:

 You agree to indemnify us against any losses, damages, and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

8.7.

Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 8.2 or 8.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

9. LINKS TO AND FROM OTHER WEBSITES
9.1. Third party websites:

 Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

9.2. Linking permission:

 You may link to the Website’s homepage (www.PAVRATHA.in), provided that:

9.2.1.

you do so in a fair and legal way that does not damage or take advantage of our reputation;

9.2.2.

you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

9.2.3.

any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));

9.2.4.

we have the right to withdraw linking permission at any time and for any reason.

10. DISCLAIMERS
10.1. Website information:

 While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products, and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

10.2. Allergy, dietary, and other menu information:

                              We have mentioned items & descriptions as per our best knowledge but if you have any allergy, dietary & other health-related issues for any certain menu we don’t take any responsibility for the same.

10.3.1.

We do not give any undertaking that the Products ordered from Pavratha through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

10.3.2.

Estimated times for deliveries and collections are provided by the Restaurant and are only estimates. Restaurant Don’t guarantee that Orders will be delivered or will be available for collection within the estimated times.

.

11. GOVERNING LAW AND JURISDICTION

 

These Website Terms shall be governed by and construed in accordance with Indian law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of Indian courts.

III. PAVRATHA VOUCHER TERMS & CONDITIONS

GENERAL

1.

The following general terms and conditions (the “General Voucher Terms”) will apply to all vouchers issued by PAVRATHA from time to time for use on the Website, including vouchers with a credit value (“Paycode Vouchers”) and promotional discount vouchers (“Discount Vouchers”, and together with Paycode Vouchers, (“Vouchers”).

2.

Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Voucher Terms”) that will be specified on the Voucher or at the time the Voucher is issued.

3.

Vouchers may only be redeemed towards online Orders from Restaurant made through the Website.

SPECIFIC TERMS OF USE FOR PAY CODE VOUCHERS

4.

Paycode Vouchers must be applied to a registered PAVRATHA online customer account via www.PAVRATHA.com by no later than the deadline specified on the Paycode Voucher and/or at the time the Paycode Voucher is issued by entering the relevant voucher code (“Paycode Voucher Code”) and will expire if not applied by this date. If the Paycode Voucher is applied before the expiry date, the customer account will be credited by the relevant amount. Unless otherwise provided or specified in the Specific Voucher Terms, any credit must be used within two (2) months of the date on which the Paycode Voucher is issued.

5.

If the order value is less than the Paycode Voucher value that has been credited to the customer account, no change or cash will be given. However, any balance will be left as a credit in the customer account and may be redeemed against subsequent orders.

6.

If the order value is more than the Paycode Voucher value that has been credited to the customer account, the remaining balance must be paid online using a debit or credit card.

7.

Paycode Vouchers and Paycode Voucher Codes are only valid for one use. Once the Paycode Voucher Code has been used (whether in an authorized or unauthorized manner), the Paycode Voucher Code will be void. Paycode Voucher recipients are responsible for ensuring that their Paycode Voucher Codes are not used by someone else.

SPECIFIC TERMS OF USE FOR DISCOUNT VOUCHERS

8.

Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant voucher code (“Discount Voucher Code”) and will expire after such date.

9.

In the event of 2,000 redemptions made per Discount Voucher Code, the Discount Voucher Code will automatically expire regardless of the expiry date.

GENERAL TERMS OF USE FOR ALL VOUCHERS

10.

The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or canceled.

11.

Unless otherwise provided or specified in the Specific Voucher Terms:

11.1

Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;

11.2

each Voucher will be valid for use by a recipient only once;

11.3

each customer or household is limited to one Voucher per promotion or offer; and

11.4

the right to use a Voucher is personal to the original recipient and may not be transferred.

12.

When you use a Voucher you warrant to us that you are the duly authorized recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally, and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

MISCELLANEOUS

13.

Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of an Order (before any Voucher credit or discount is applied) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.

14.

Vouchers may not be exchanged for cash.

15.

We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation, or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.

16.

We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

17.

All standard terms and conditions from time to time for use of the Website and the Service apply.

IV. PAVRATHA COMPETITIONS TERMS & CONDITIONS

1.

The following general terms and conditions (the “General Competition Terms”) will apply to all competitions run by PAVRATHA.

2.

Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Competition Terms”) that will be specified in connection with each competition.

3.

Competitions are open to individual residents of India aged 18 or over, except employees of PAVRATHA, their associated, affiliated, or subsidiary companies, and their families, agents, or anyone connected with the competition.

4.

Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.

5.

We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.

6.

Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.

7.

The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of India and subject to the exclusive jurisdiction of Indian courts.

8.

Any personal data that is collected as part of any PAVRATHA competition will be processed in accordance with our Privacy Policy.

9.

We reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.

10.

Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.

11.

All standard terms and conditions from time to time for use of the Website and Service apply.