Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.kushiin.com website and kushiin application for mobile and handheld devices.

Terms Of Use

  1. These terms of use (the “Terms of Use”) govern your use of our website www.kushiin.com (the “Website”) and our “kushiin” applideposit any taxes applicable on such transaction.
  2. Cancellations and Refunds
    1. Cancellation
      1. As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, kushiin shall have a right to charge you cancellation fee of a minimum INR 75 upto the order value, with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our restaurant and delivery partners. kushiin shall also have right to charge you cancellation fee for the orders cancelled by kushiin for the reasons specified under clause 1(iii) of this cancellation and refunds policy. In case of cancellations for the reasons attributable to kushiin or its restaurant and delivery partners, kushiin shall not charge you any cancellation fee.
      2. However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
      3. We reserve the sole right to cancel your order in the following circumstance:
        1. in the event of the designated address falls outside the delivery zone offered by us;
        2. failure to contact you by phone or email at the time of confirming the order booking;
        3. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
        4. unavailability of all the items ordered by you at the time of booking the order; or
        5. unavailability of all the items ordered by you at the time of booking the order; or
    2. Refunds
      1. You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:
        1. your order packaging has been tampered or damaged at the time of delivery;
        2. us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
        3. you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
      2. Our decision on refunds shall be at our sole discretion and shall be final and binding.
      3. All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
    3. In case of payment at the time of delivery, you will not be required to pay for:
      1. orders where the packaging has been tampered or damaged by us;
      2. wrong order being delivered; or
      3. items missing from your order at the time of delivery.
  3. Terms of service
    1. You agree and acknowledge that we shall not be responsible for:
      1. The services or goods provided by the Merchant including, but not limited, serving of food orders suiting your requirements and needs;
      2. The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
      3. The availability or unavailability of certain items on the menu; or
      4. The Merchant serving the incorrect orders.
    2. The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
    3. You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
    4. You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
    5. You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
    6. You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
    7. You understand that our liability ends once your order has been delivered to you.
    8. Services provided:
      1. You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
      2. Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
      3. You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.
      4. You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. 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. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
    9. We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
    10. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
    11. If you use the Platform, you do the same at your own risk.
    12. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
  4. No Endorsement
    1. We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
    2. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
  5. General terms of use
    1. 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 Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and kushiin policies, you shall immediately discontinue its use. kushiin reserves the right to terminate your Membership and / or deny access to the platform if it is brought kushiin’s notice that you are under the age of 18 years.
    2. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
    3. As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
    4. You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and kushiin policies to the attention of all such persons accessing the Platform on your computer or mobile device.
    5. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
    6. You agree and grant permission to kushiin to receive promotional SMS and e-mails from kushiin or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to support@kushiin.in.
    7. By using the Platform you represent and warrant that:
      1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
      2. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
      3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
      4. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
      5. You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@kushiin.in.
      6. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
      7. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
      8. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
      9. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
      10. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
      11. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
      12. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
        1. any part of the Platform or the Platform software; or
        2. any equipment or any network on which the Platform is stored or any equipment of any third party
    8. You release and fully indemnify kushiin and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, kushiin cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
  6. Access to the Platform, Accuracy and security
    1. We endeavour to make the Platform available to during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
    2. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
    3. We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
    4. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
  7. Relationship with operators if the Platform is accessed on mobile devices
    1. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
    2. Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
    3. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
    4. The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
    5. We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
    6. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
    7. You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    8. You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
    9. You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
  8. Disclaimers
    1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
    2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
    3. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
    4. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.
    5. kushiin DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
    6. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
    7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
    8. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
    9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. Intellectual property
    1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
    2. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
    5. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  10. Treatment of information provided by you
    1. We process information provided by you to us in accordance with our Privacy Policy.
  11. Third Party Content
    1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
    2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.
  12. Severability
    If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
  13. Non-assignment
    You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
  14. Governing law and dispute resolution
    These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.
  15. IP Notice and Take Down Policy
    1. kushiin has put in place IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
    2. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
      (Note: kushiin does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, kushiin is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to kushiin.)
  16. Contact Us
    Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

    Grievance officer
    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
    Mr. Arun Cyril
    Indro Technologies Private Limited
    Reg Office: 3rd Floor (Internally designated as 4th Floor)
    Maruthi Chambers, Survey No 17/9B,
    Roopena Agrahara Bangalore- 560068, India

    Phone: +91 - 080- 6000 6600
    Email: grievances@kushiin.in
    Time: Mon - Sat (9:00 - 18:00)

TERMS OF USE – kushiin ASSURED

  1. These terms of use (the “ Terms”) that govern your use of our service kushiin Assured (“ kushiin Assured”) on Platform. The services on Assured available on our Website and the App are jointly referred to as the “On-Time Delivery” morefully defined hereunder. Please read these Terms carefully before you use the kushiin Assured Services. If you do not agree to these Terms, you may not use the kushiin Assured Services. By using the Services, you signify your acceptance to the Terms and creates a legally binding arrangement to abide by the same.
  2. The kushiin Assured Services are made available on a best effort basis but not as obligation by Indro TECHNOLOGIES PRIVATE LIMITED (hereinafter referred to as “kushiin”, “ we”, “ us” or “ our”). The kushiin Assured Services made available are subject to various factors beyond control. kushiin shall reserve the right to deny any part or full services without prior notice. “ you” or “ user” shall mean user/customer.
  3. These Terms are special terms and as such restricted to only customer orders placed by customers through restaurants identified as kushiin Assured restaurants and as such does not supersede the kushiin Terms of Use, these Terms shall be read in conjunction with Website’s Terms of Use.
  4. We reserve the right to modify these Terms at any time without notice posting changes on the Website and you shall be responsible to update yourself of such changes, if any, by accessing the changes on the Website. Your continued usage of the kushiin Assured Services after any change is posted constitutes your acceptance of the amended Terms.
  5. General Terms & Conditions pertaining to the products available on kushiin Assured:
    1. In case the customer chooses to avail the On-Time Delivery of the restaurants listed on Assured, kushiin shall guarantee the user delivery of the Order, in the estimated time mentioned at the time of placing the Order, which time shall be communicated to the customer by kushiin (the “ ETA”), subject to these Terms.
    2. In case kushiin is unable to deliver the Order in the committed ETA, it guarantees cashback to the user subject to these Terms and kushiin’s discretion (the “Cashback Guarantee”) *.
    3. The Cashback Guarantee* is applicable only for delay in the delivery time as against the ETA defined as above.
    4. We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Restaurants or the related services provided in connection thereof.
    5. All customers with a kushiin Account can avail the On-Time Delivery of kushiin Assured, if they so choose to.
    6. The delivery time is the time period between the customer placing the order and the delivery executive arriving at the first point of entry at the user’s location, as shown on the map at the time of placing the order (the “ Delivery time”).
    7. You are entitled for only 2 cashbacks in the last 7 days.
    8. The Cashback Guarantee* on On-Time Delivery is applicable only on online payments (ie., payments made through Net Banking, Credit/Debit cards, Electronic Wallet Services and kushiin Money) & kushiin Assured restaurants and you shall be duly notified upon confirmation.
    9. The On-Time Delivery is not applicable if customer tries to change and/or edit the Order, subsequent to having placed it on our Platform.
    10. The cashback amount will be credited to kushiin Money only and not to any other source that you may have used to make such payment.
    11. The cashback process will take time between 24-72 hours.
    12. kushiin reserves the right to withdraw the On-Time Delivery and kushiin Assured Services without prior intimation.
    13. kushiin further reserves the sole right to withdraw the On-Time Delivery in the following circumstance:
      1. in the event of the designated address falling outside the delivery zone offered by us;
      2. failure on the part of the customer to respond by phone or email at the time of confirming the order booking;
      3. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
    14. kushiin reserves the right not to enable Cashback Guarantee* if customer location is different than indicated.
    15. kushiin reserves rights to not enable Cashback Guarantee* in case of suspect fraudulent activity with a right to initiate appropriate legal recourse.
    16. kushiin does not penalize its Delivery Executives for late delivery. Nor does it charge the customer or the Restaurant anything extra for providing this On-Time Delivery.
    17. kushiin is not investing or circulating any cash into any entity, restaurant or customer by way of providing this On-Time Delivery.
    18. This On-Time Delivery may not be applicable during holiday due to regional festivals or local events or at times of rain in any particular location, kushiin reserves the right to pause the On-Time Delivery without prior intimation.
    19. kushiin reserves its right to alter/ withdraw/ extend any offers/ promotions at any time without giving any prior notice & without assigning any reason whatsoever.
    20. This is On-Time Delivery is subject to Force Majeure conditions.
    21. All disputes related to this On-Time Delivery will be subject to the exclusive jurisdiction of court of Bangalore only.
    22. The On-Time Delivery shall not be available for bulk orders or orders exceeding Rs.1000/- (Rupees One Thousand).
    23. These Terms and Conditions are co-extensive and concurrent with kushiin’s other Terms and Conditions and the Privacy Policy listed on this page. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this On-Time Delivery and the same need not be expressly repeated herein.

*Cashback Guarantee shall be provided to the Customer at the sole discretion of kushiin and shall vary from city to city.

Times Food Awards - Event Pass Winners

  1. Winners shall randomly be chosen by Indro Technologies Pvt. Ltd. (kushiin) among users who have successfully submitted their votes on the www.kushiin.com
  2. Each event pass will be valid for two personnel only
  3. Each event pass will be valid only on the day of the event
  4. The event pass cannot be sold or exchanged for cash or vouchers
  5. Indro Technologies Pvt. Ltd. (kushiin) reserves the right to cancel/ change/modify/add/delete any of the terms and conditions of the contest at any time withoutprior notice
  6. Indro Technologies Pvt. Ltd. (kushiin) reserves the right to terminate the contest at any time without prior notice
  7. Indro Technologies Pvt. Ltd. (kushiin) reserves the right to deny honouring the winners on the grounds of suspicion or abuse of the contest by any customer without providing customer any explanation thereof
  8. In no event shall Indro Technologies Pvt. Ltd. (kushiin) be liable for any abuse or misuse of the pass due to the negligence of the customer

Notice and Take Down Policy Template and Procedures

Indro Technologies Private Limited (“kushiin”) respects third-party intellectual property rights, statutorily registered or common law rights, and has adopted the following policy towards intellectual property rights protection on its website www.kushiin.com (the “Website”) and the ‘kushiin’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.

Reporting Instances of Intellectual Property Violations:

To file a notice of infringement with kushiin, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

To expedite our ability to process your request, please use the following format:

  1. Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit kushiin to locate the material;
  3. Information reasonably sufficient to permit kushiin to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following mandatory statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law”;
  5. The following mandatory statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”; and
  6. Sign the document with either your physical or electronic signature; and
  7. Send the written communication to: Email to grievances@kushiin.in

Format of notice of infringement

To,
Indro Technologies Private Limited,
No. 17/9B, 4th Floor, Maruthi Chambers,
Rupena Agrahara, Hosur Road, Bangalore – 560 068

 

I, <<insert name>>____________________________ of <<insert address>> _________________________ do solemnly and sincerely declare as follows:

1. I am the owner of certain intellectual property rights, said owner being named __________________ (“IP Owner”).

2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.

3. I may be contacted at:

Name____________________________________________________________________________
Designation/Title & Company_________________________________________________________
Postal Address (with Pin code)________________________________________________________
Email Address (correspondence)_______________________________________________________
Telephone/Fax_____________________________________________________________________

 

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.

Declared by <<insert name>>______________________________
on 
<<insert date>> ___________________________________ at <<insert place>> ________

 

Truthfully,
Signature ________________________

 

(Important Note: (a) kushiin shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) kushiin shall not consider an incomplete request. (c) kushiin’s response to such request will include removing or disabling access to material claimed to be the subject of infringing activity. For a detailed term of use of our Platform.

© 2018, kushiin