FOBAS

Terms And Condition

1. Definition

"Asset Handover Form" means the form shared by Fobas, which includes details of the assets provided by Fobas to the Fobas Kitchen and annexed to the Form.
"Calendar Month" means a month as named in the English calendar.
"Service fee (formerly known as Commission)" means the amount payable by the Fobas Kitchen to Fobas, as set out in the Form.
"Customer" means users who place Orders through the Platform.
"Customer Application" means the proprietary online website and/or mobile based Order placement application of Fobas available on the Platform, which enables the Customers to (a) place an Order with the Fobas Kitchen for the purpose of availing Restaurant Services; and (b) track the status of the Order placed by such Customer with the Fobas Kitchen; and (c) facilitates a provision of payment by the Customer towards the Restaurant Services availed from the Fobas Kitchen.
"Customer Data" means any and all identifiable information about Customer provided by the Customer via the Platform, including, but not limited to, Customer’s name, delivery addresses, email addresses, phone numbers, and Customer preferences, to be governed by the Privacy Policy.
"Delivery Charges" means the delivery fee charged by the Delivery Partner from the Customers on each Order where Fobas facilitates delivery of an Order to the Customers.
"Delivery Surge" means an amount charged by the Delivery Partner from the Customers over and above the Delivery Charges on some Orders, determined on the basis of various factors including but not limited to order value, distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
"Electronic Payment Mechanism" means the online and mobile based payment mechanisms including the third party payment gateways, credit card/debit card/net banking transfer and/or e-wallets and/ or Fobas credits that are available on the Platform for the purposes of facilitating the payment of the Order Value by the Customer.
"Execution Date" means the date of execution of Form.
"Form" means the Fobas Kitchen Enrolment Form for Food Ordering and Delivery Services executed by the Fobas Kitchen.
"Gross Sales" means the gross amount charged by the Fobas Kitchen to any Customer that is attributable to any Order placed through Fobas's Platform including all applicable taxes less discounts being offered by the Restaurant on Fobas’s Platform (if any).
"Information" means the information set out and provided along with the Form and includes any information which is supplied by the Fobas Kitchen to Fobas under these Terms such as Fobas Kitchen’s name, establishment name, logo, the Menu items and images for menu items, the price lists underlying the Menu, opening hours of the restaurants operated by the Fobas Kitchen, rates at which taxes are charged by the Fobas Kitchen to the Customer, delivery areas serviced by the restaurants and/or delivery terms, specific information the Fobas Kitchen is under an obligation to supply to Fobas (a) immediately on the Execution Date; or (b) within 1 (one) day from any change in such information.
"Delivery Partner" means a third party service provider who collects Order(s) from the Restaurant and delivers it to the Customer location.
"Logistics Services" means facilitation services offered by Fobas wherein Fobas would connect the Fobas Kitchen with Delivery Partner through its online technology platform, who shall pick Order(s) from the Restaurant, and deliver the same to the Customers.
"Menu" means any document or virtual page, which lists out the items for sale offered by the Fobas Kitchen to the Customer, on the Platform. xvii. "Menu Item Categorisation" means tagging with respect to food items between Restaurant Service and Supply of Foods and Beverages Items (as defined below) as confirmed by the Fobas Kitchen to Fobas.
"Merchant Application" means the Fobas developed Order management application pre-loaded in the Tablet and/ or Fobas Device which provides Fobas Kitchen the ability to (a) receive an Order for the Restaurant Services; (b) allows the Fobas Kitchen to accept or reject the Order within stipulated time; (c) provide updates on the Customers Order and its status; and (d) place a request for Logistics Services, if applicable.
"Multiple Outlet Entity" means the Restaurant, which has more than one outlet under the same ownership providing Restaurant Services.
"Net Order Value" means Order Value received, less the Service fee and any other additional amount, charges etc. that are due to Fobas from the Fobas Kitchen under these Terms or the Form.
"Net Sales" means the Gross Sales less applicable taxes charged by the Restaurant and delivery charge and any similar charges levied by the Restaurant (if any);
"One Time Sign–Up Fee" means a one time non-refundable amount set out in the Form, payable by the Fobas Kitchen when availing the Services for the first time from Fobas.
“Optional Services" means the optional services offered to the Fobas Kitchen by Fobas from time to time.
"Order" means the placement of an order by the Customer with the Fobas Kitchen for the purchase of any item via the Platform.
"Order Value" means the amount which is payable by the Customer upon placement of an Order with the Fobas Kitchen on the Platform for the Restaurant Service.
"Parties" means Fobas and the Fobas Kitchen.
"Payment Mechanism Fee" means the amount payable by the Fobas Kitchen to Fobas, being a % of Order Value including taxes less any charge not levied by Restaurant but collected by Fobas, as more specifically set out in the Form;
"Platform" means the Website and Customer Application owned and operated by Fobas.
"Pre-Packaged Goods" means the food and beverages items packaged in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer and as may be defined under the Food Safety and Standards Act, 2006 from time to time.
"Restaurant" means a commercial establishment(s) for which the Fobas Kitchen is executing the Form, and from where the Restaurant Services are made available to the Customer, moreover wherein the food and beverage items are prepared and/or delivered to the Customer.
"Fobas Kitchen" means the entity/individual being the legal owner of the Restaurant as mentioned in the Form.
Restaurant Service" means supply by way of service of food and beverages items attracting tax under Section 9(5) of the Central Goods and Services Tax Act, 2017, listed on the Menu from time to time, sold by the Restaurant, listed and advertised by the Fobas Kitchen on the Platform.
"Service Operator" means the Fobas operated centralized system used for receiving Orders from Customers through the Customer Application and transmitting those to the Fobas Kitchen.
"Services" means the services offered by Fobas to the Fobas Kitchen, on and from the Effective Date, including the following

Order placement and catalog hosting services: Fobas provides the Order placement mechanism for the Customers to place Orders with the Fobas Kitchen on a real time basis and helps with listing of the menu and price lists as provided by the Fobas Kitchen.
Demand generation and marketing: Fobas helps bring new Customers to Fobas Kitchen every day. This is done through targeted marketing, enabling appropriate discovery and creating a seamless food ordering experience.
Logistics Services: Fobas creates competitive earning opportunities for Delivery Partners, with an intent to create a high quality and reliable delivery ecosystem for delivering Fobas Kitchen’s Orders.
Support for Customers, Restaurants and Delivery Partners: Customers, Fobas Kitchen, and Delivery Partners all have unique needs that often need addressing immediately. Fobas has a team working 24*7/365 ready to help solve any issues, so that the Customers, Restaurants and Delivery Partners experience is seamless.
Technology infrastructure: Fobas builds and supports products for Customers, Restaurants and Delivery Partners including payment infrastructure which requires high quality talent and investments.

“Single Outlet Entity” means the Restaurant, which has only one outlet providing Restaurant Services.
“Orders requiring support” means order where Fobas support teams extend additional support to mitigate customer escalations including but not limited to, delay in accepting or handing over the Order(s), poor quality food, missing or incorrect item, poor quality packaging, etc.
"Supply of Food and Beverages Items" means supply of any food and beverages items, made by the Restaurant through the Platform, other than Restaurant Service attracting tax under Section 9(5) of the Central Goods and Services Tax Act, 2017,
"Tablet" means an electronic Order placement Tablet device preloaded with the Merchant Application.
"Website" means www.Fobas.com (including the webpages contained or hyperlinked therein and owned or controlled by Fobas), and such other media or media channels, devices, mobile applications, software, or technologies as Fobas may choose from time to time.
"Fobas Device" means a smart phone loaded with the Merchant Application

2. Fobas’s Obligations

Fobas will (a) list Fobas Kitchen’s menu and the price list on the Platform; and (b) transfer to the Fobas Kitchen the amounts received from the Customers in accordance with agreed Terms set out herein.
Fobas will display on the Platform, on a best effort basis, all necessary information provided by the Fobas Kitchen. However, Fobas is not under any obligation to display any information until the Fobas Kitchen provides all required information and such information is in compliance with Fobas’s policies and guidelines.
Fobas will retain the right to change the rate of taxes on the Menu item list shared by the Fobas Kitchen for listing on the Platform.
Fobas will transmit the Orders placed by the Customer with the Fobas Kitchen as per below:

Fobas Kitchen having Tablet or Fobas Device with pre-loaded Merchant Application or receiving Orders through a third party point of sale system or Fobas API or a Fobas provided web dashboard, Order transmission on a real time basis; or
Fobas Kitchen Device having the Merchant Application.
Fobas Kitchen using their own device, without Merchant Application to receive Orders: Order transmission through SMS and/ or phone call on an immediate basis through the Service Operator. In the event, the Fobas Kitchen fails to answer the phone calls over a period of two (2) minutes, Fobas reserves the right to temporarily restrict/ deactivate Fobas Kitchen's Food Ordering and Delivery services to avoid any Customer complaints. Fobas Kitchen's access shall be reinstated upon specific request made to Fobas customer support center. Fobas reserves the right to cancel any Order where Fobas Kitchen is unable to communicate its response within two (02) minutes on (a) acceptance/ rejection of the Customer Order and/ or (b) Order delivery timelines; or
Where transmission of Order is to the Fobas Kitchen owned device without Merchant Application, Fobas’s Service Operator shall communicate Customer Order to the Fobas Kitchen (through SMS and/or phone call) and communicate Fobas Kitchen response with respect to (i) acceptance / rejection of Order; (ii) delivery time; (iii) no-response from Fobas Kitchen or any such information as may be made available by Fobas from time to time; to the Customer through Customer Application. The Fobas Kitchen agrees that all communication undertaken by Fobas with the Fobas Kitchen via phone call may be recorded.

Fobas will redress the Customers and the Fobas Kitchen’s complaints in respect of the functioning of the Platform and/or the Tablet or Fobas Device (as the case may be).
For the avoidance of doubt it is hereby expressly clarified that Fobas is only responsible for providing (i) a Platform to the Fobas Kitchen to list, offer and sell the Restaurant Services to the Customers and/or (ii) Logistics Services (if applicable) and that Fobas will not be responsible or liable for (i) the quality of the Restaurant Services listed and advertised on the Platform; and/or (ii) the processing of the Orders which have been placed by the Customers with the Fobas Kitchen on the Platform; and/or (iii) any delay in preparation of the Order by Fobas Kitchen.
Fobas may suspend the Fobas Kitchen’s account if the Fobas Kitchen is found non-compliant with the Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder from time to time.
While providing Logistics Services:

Fobas shall not be responsible or liable for the delivery of Orders or any issues associated therewith unless, Fobas Kitchen has contractually opted for Logistics Services from Fobas. Further, where the Fobas Kitchen has opted for Logistics Services, Fobas shall only be responsible to tally the number of items ordered against the Order received. Fobas Kitchen acknowledges and agrees that Fobas shall not be responsible for quality or quantity (if the packet of the Order is not tampered with during delivery) of the Order and the Fobas Kitchen shall be solely responsible for the quality and quantity of the Order
In the event Fobas Kitchen opts for Logistics Services, Fobas Kitchen acknowledges and agrees that delivery will be facilitated by Fobas through a Delivery Partner. Fobas Kitchen understands and agrees that Fobas shall not be responsible if the Delivery Partner indulges in theft of the Order or indulges in any illegal activity or misconduct against/with the Customer(s) and / or the staff of Fobas Kitchen or indulges in any vandalism activity against the Fobas Kitchen and/or the Restaurant. Please note that Fobas uses its best endeavors to fulfill the Logistics Services opted by the Fobas Kitchen. Fobas has no control, in any manner whatsoever, with respect to the ratings or reviews received by the Fobas Kitchen for the Logistics Services availed through Fobas, as such ratings are dependent on multiple factors including but not limited to each Customer’s experience with the Fobas Kitchen and the Restaurant Services.
The Fobas Kitchen shall not hold Fobas liable for any claims, raised by the Customer where the delay in handing over the Order to the Delivery Partner is solely attributable to the Fobas Kitchen and its staff.
Fobas may at its sole discretion charge Delivery Charges and Delivery Surge from Customer for delivery of the Order.

Fobas Kitchen acknowledges and agrees that Fobas is a mere facilitator in relation to the Logistics Services whereby Fobas facilitates logistics services by connecting Delivery Partner with Fobas Kitchen for delivery of Order(s) from the Restaurant(s) to the Customer and hence cannot be held liable for any illegal / unlawful activity of the Delivery Partner.
Fobas shall provide the Fobas Kitchen with a web dashboard in the event the Fobas Kitchen has a designated device to access such web dashboard, high-speed internet connection and speakers.

3. Fobas Kitchen’s Obligations

The Fobas Kitchen will not discriminate while servicing Orders received from Customer ordering via the Platform. Fobas Kitchen will not provide any preferential treatment to customers ordering independently from the Fobas Kitchen (i.e. customers ordering directly from a Fobas Kitchen).
The Fobas Kitchen will respect the dignity and diversity of Delivery Partners and accordingly will not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). The Fobas Kitchen is expected to enable provision of a secure and fearless gig work environment for the Delivery Partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners. For the purpose of these Terms, ‘Discrimination Characteristics’ shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
Fobas Kitchen shall ensure that all mandatory information pertaining to taxes, levies, and charges applicable on the Order(s) are clearly visible to the Customers on their invoice issued for any supply other than Restaurant Service, as per the applicable laws. For the purpose of clarity, in the case of Restaurant Service(s), Fobas will generate the tax invoice on the Fobas Kitchen’s behalf in accordance with the applicable GST laws and deposit the tax to the appropriate tax authorities.
Fobas Kitchen will ensure that the Information provided to Fobas is current and accurate, including but not limited to the Fobas Kitchen name, address, contact telephone number, email, manager/contact person details, delivery times, opening hours, Menu(s), price lists, taxes, Menu Item Categorisation, service addresses, and other relevant information.
Fobas Kitchen shall confirm to Fobas its Menu Item Categorisation between Restaurant Service and Supply of Foods and Beverages Items. Menu Item Categorisation as confirmed by the Fobas Kitchen shall be consumed by Fobas for the purpose of undertaking necessary compliance with the applicable laws. In the event of a dispute in Menu Item Categorisation, the Fobas Kitchen undertakes to make good any losses incurred by Fobas on account for any mis-declaration or mis-representation of facts.
Fobas Kitchen shall ensure that it is the sole author/owner of, or otherwise controls all the content / material, including but not limited to the Fobas Kitchen’s name, establishment name, logo, menu items, images of the food and beverages/ menu items, etc. transmitted or submitted by the Fobas Kitchen to Fobas either through the Platform or otherwise (“Content”), or has been granted the right to use such Content from the rights holder of such Content and that it does not violate or infringe the rights of any third party or applicable laws.
Fobas Kitchen shall process and execute the Order(s) promptly.
The Fobas Kitchen shall be obligated to turn off “Accepting Delivery” feature on its food ordering mechanism whenever the Fobas Kitchen is unable to provide Restaurant Services to the Customer.
Fobas Kitchen acknowledges and agrees that in the event the Customer’s experience with the Fobas Kitchen and the Restaurant Services is hampered on account of acts and omissions attributable to the Fobas Kitchen, including but not limited to, frequent rejection of Order(s), Fobas reserves the right to take appropriate action in accordance with its policies, which may be amended from time to time.
Fobas Kitchen shall inform Fobas about any change or modification made to the Order by the Customer, directly with the Fobas Kitchen.
Fobas Kitchen hereby agrees that if it accepts the Order cancellation request raised by a Customer via the Platform for Fobas Kitchen, it shall not be eligible to receive any Order Value or amount for such cancelled Order.
Fobas Kitchen shall ensure that when a Customer pays online for an Order and the Fobas Kitchen is undertaking logistics, the Fobas Kitchen or its representative collects a signed receipt from the Customer upon delivery of the Order. In the event of a dispute in respect of whether the Fobas Kitchen is entitled to a payment by Fobas in accordance with these Terms, Fobas will not be required to make any such payment unless the Fobas Kitchen provides Fobas with a copy of the signed receipt.
Fobas Kitchen shall retain proof of delivery for a period of 180 days from the date of delivery.
In the event the Fobas Kitchen undertakes delivery of any Order, it shall ensure only trained personnel undertake such delivery and the safety of the food and beverage is not compromised at any time until the Order is received by the Customer. The Fobas Kitchen agrees to indemnify Fobas for any claims that may arise on account delivery of Orders undertaken by the Fobas Kitchen.
The Fobas Kitchen warrants that the food and beverages provided to Customers are:

of high quality and fit for human consumption;
compliant with Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder;
compliant with all other relevant Indian legislation, including all applicable food industry regulations.

Where the Fobas Kitchen avails any Optional Services, the Fobas Kitchen will additionally be liable to abide with the terms and conditions of such Optional Services or any other terms and conditions pertaining to the Optional Services, communicated by Fobas from time to time.
Contact a Customer if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order.
The Fobas Kitchen shall contact a Customer if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order.
To promptly redress the Customer complaints which have been referred by Fobas to the Fobas Kitchen in respect of the (a) quality, quantity and/or taste of the food and beverage; (b) delivery of the Orders (where such delivery has been undertaken by the Fobas Kitchen and the delivery issues are attributable directly to the Fobas Kitchen); and (c) failure on part of the Fobas Kitchen to comply with the special requests / instructions of the Customers where such requests and/or instructions have been clearly communicated by the Customer at the time of the placement of Order
The Fobas Kitchen shall remove any/all menu items unavailable with the Fobas Kitchen.
The Fobas Kitchen acknowledges and agrees that it will be solely responsible for delivering the Order placed by the Customers (where it is not availing Logistics Services) with the Fobas Kitchen on the Platform. Unless agreed to by the Fobas Kitchen in the Form, it is clarified that Fobas will not provide any Logistics Services.
For the avoidance of doubt it is hereby expressly clarified that Fobas is not responsible or liable to the Customer for the (a) quality of the Restaurant Service advertised on the Platform; and/or (b) processing of the Order; (c) delivery of the Orders (unless Logistics Services are provided by Fobas) that have been placed by the Customers with the Fobas Kitchen through the Platform; and (d) misconduct / illegal activity of the Delivery Partner. The Fobas Kitchen acknowledges and agrees that it will be solely responsible and liable to the Customer for the (a) quality of the Restaurant Service listed and advertised on the Platform; and/or (b) processing of the Order and (c) timely delivery of the Orders (unless Logistics Services are provided by Fobas) that have been placed by the Customers with it on the Platform.
The Fobas Kitchen shall ensure that the Order(s) are (a) in accordance with Order placed by the Customer; and (b) appropriately packed and adequately fastened to avoid any spillage during the transportation. Fobas Kitchen understands that the Order will be in transit for the period of delivery from the Restaurant to the Customer and the Fobas Kitchen shall ensure that this is taken into consideration while accepting and preparing the same.
Fobas Kitchen shall (a) undertake adequate police verification and background checks for its delivery personnel and maintain records of the same; (b) ensure that the delivery personnel are not intoxicated; (c) ensure that delivery personnel don’t misbehave with the Customer; (d) make timely payment of all applicable statutory dues; (e) maintain adequate insurances; and (f) provide proper training to its delivery personnel to ensure delivery personnel deliver the Order efficiently without any spillage or delay.
Fobas Kitchen shall ensure, while making deliveries, it does not commingle the Order along with other orders it receives directly from customers or from third parties not using the Platform. Fobas Kitchen shall pack the Order either in Fobas provided packing material or other packaging material. However, under no circumstances shall the Fobas Kitchen use third party branding in the packaging material used for the Order.
Fobas Kitchen shall address and resolve all Customer complaints received by Fobas relating to the efficacy, quality or any other issues relating to the Restaurant Services expeditiously within timelines prescribed by the Ministry of Consumer Affairs or any other authority from time to time. Further the Fobas Kitchen shall be solely liable and bound to take action on complaints raised by Customer pertaining to the Order(s).
Fobas Kitchen acknowledges and agrees that Fobas Kitchen shall be required to furnish a copy of its PAN Card, TAN, GSTIN, FSSAI license and registration certificates and other details required as per law or for provision of Services, as maybe requisitioned by Fobas from time to time failing which, Fobas reserves the right to delist the Fobas Kitchen from the Platform and / or curtail it’s access from the Platform.
Where Fobas Kitchen avails Logistics Services from Fobas, Fobas Kitchen shall ensure that it hands over all Orders to the Fobas authorized delivery personnel in a spill proof packaging.
The Fobas Kitchen shall comply with the applicable law on the ban of single-use plastic and shall ensure that neither single-use plastic is used in packing any Order nor is any cutlery made from single-use plastic provided with the Order. Fobas Kitchen agrees and acknowledges that Fobas shall reserve a right to cancel all Orders that are packed by the Fobas Kitchen using single-use plastic and any payment made to the Delivery Partner assigned to such orders or refund/compensation made by Fobas to the Customers whose Orders are cancelled shall be recovered from Fobas Kitchen in accordance with Fobas’s cancellation policy. Further, any loss suffered by Fobas or the Delivery Partner due to use of single-use plastic by Fobas Kitchen, whether on account of any fine imposed by the authorities on Fobas or its Delivery Partner or otherwise, shall be recovered from the Fobas Kitchen by making deductions in accordance to the payment settlement process agreed under these Terms.
Furthermore, where Fobas provides Logistics Services, the Fobas Kitchen shall ensure that the Order is ready at the time the Delivery Partner arrives to collect the Order. Where the Fobas Kitchen fails to handover the Order to the Delivery Partner within the indicated kitchen preparation time, Fobas Kitchen shall be responsible for any and all issues and costs associated with delayed delivery including costs associated with reimbursing the Customer.
Fobas Kitchen acknowledges and agrees that it shall not make any independent calls to the Customer and asks the Customer to make payments of amounts greater than what was agreed by the Customer at the time of placing the Order through the Platform.
Fobas Kitchen except required for the fulfillment of Order shall not use the Customer data for sending any unsolicited marketing message, announcements.
Fobas Kitchen shall not engage in any fraudulent activity or misuse any benefits extended by Fobas to Customers and shall be liable to Fobas in the event Fobas becomes aware of any fraudulent activity undertaken by the Fobas Kitchen.
Fobas Kitchen shall not charge any delivery and/or Payment Mechanism Fee charges from Customers on Orders where Fobas Kitchen is not undertaking delivery itself.
Where Fobas Kitchen avail Logistics Services under hybrid model and opts to not avail Logistics Services through Fobas, Fobas Kitchen shall be responsible to deliver the Order to the Customer.
Fobas Kitchen shall ensure to update the Merchant Application as and when the latest version of the application is available.
Fobas Kitchen acknowledges and agrees that any asset, such as POS machines/ credit card/debit card swipe machines, bags etc., provided by it to the Logistics Personnel, whether with or without the consent of Fobas, shall be at its sole risk. Fobas Kitchen agrees and undertakes that it shall be solely liable if any such asset provided to the Logistics Personnel, is damaged, stolen or not returned by the Logistics Personnel,, and Fobas shall not be liable to indemnify the Fobas Kitchen for the same and / or bear cost of the asset.
Fobas Kitchen shall ensure to protect and maintain the Customer experience on the Platform by accurately displaying the details of the Restaurant including but not limited to item names & images in the Menu.
The Fobas Kitchen shall not charge the Customer for anything other than food, beverages, and packaging charges on the Platform. The Fobas Kitchen shall ensure that all menu item(s) available for delivery to the Customers through its delivery channels from its own Restaurant or franchise locations or its other channels like websites/apps etc, shall also be made available for delivery to the Customers through the Platform.
Fobas Kitchen understands and agrees that having similar item names and images in the Menu of two or more Restaurant listings operating from the same location may cause confusion for the Customers and hamper their experience on the Platform.
It is further clarified that, in the event, the Restaurant listings are found to be in violation of this term xxxix, then Fobas shall notify the Fobas Kitchen by giving a 30 (thirty) day written notice to make the necessary changes and correct the Restaurant listings. However, in case the Fobas Kitchen fails to correct the Restaurant listings, then Fobas reserves the right to take appropriate action, which may include removing all the duplicate listings from the Platform, in accordance with its policies and these Terms.

4. Fobas Kitchen Menu and Price List

Fobas will display on the Platform the menu and price list for all of its Fobas Kitchen. The Fobas Kitchen agrees that Fobas reserves the right to modify and delete certain items from the Fobas Kitchen’s menu list at its sole discretion, listed on the Platform, to ensure compliance with Food Safety and Standards Act, 2006, requirements or applicable law in the relevant State or Territory and all other applicable legislation, regulations or regulatory standards. Fobas shall endeavour to update price lists within 48 hours of being notified of changes (in writing) by a Fobas Kitchen. Where the Fobas Kitchen has a unilateral right to access Fobas Kitchen admin panel or dashboard (subject to Fobas’s written consent in this regard) to edit and update the Information which is displayed on the Platform by Fobas, the Fobas Kitchen should ensure that it (i) keeps such information true, accurate and updated at all times; and (ii) complies with Fobas’s internal terms and conditions of use in this regard and (iii) intimates to Fobas about such change.
Fobas Kitchen shall provide Fobas with a separate list of all Pre-Packaged Goods which form part of the Fobas Kitchen’s menu list, to be listed on the Platform, in the format acceptable to Fobas.
The Fobas Kitchen shall ensure that the Pre-Packaged Goods listed on the Platform shall have shelf life of 30 percent or forty-five (45) days before expiry at the time of delivery to the Customers.
The Fobas Kitchen will, at all times, maintain equal or lower prices for all its products offered to the Customers via the Platform as against that made available for sale through its direct channels including dine-in, takeaway or delivery from its own Restaurant or franchise locations or its other channels like websites/apps etc. For the purpose of clarity, pricing of products shall include pricing of food and beverage items, charges for packaging, etc.
If the Fobas Kitchen creates special portion sizes for the Platform, compared to portion sizes on its own channel(s) (i.e., dine-in, delivery or takeaway), pricing should be proportionate or lower for the menu on the Platform.
In the event the Fobas Kitchen fails to maintain prices as per the aforementioned paras under clauses iv. and v., Fobas reserves the right to take appropriate action in accordance with its policies, which may be amended from time to time.
The Fobas Kitchen shall not charge an amount over and above the maximum retail price ("MRP") for all such food and beverage items which have MRP mentioned on them.
The Fobas Kitchen acknowledges and agrees that Fobas will use its best endeavours to ensure that the Platform is not misused by the Customers for the placement of erroneous/fraudulent Orders. In the event of an erroneous/fraudulent Order, the Fobas Kitchen undertakes to report such an erroneous/fraudulent Order to Fobas through the Tablet or Fobas Device or call Fobas for Fobas’s action and investigation. In this regard, Fobas provides a built-in feature(s) in the Merchant Application and web dashboard access that will allow the Fobas Kitchen to report such erroneous/fraudulent Orders.
Fobas may perform a variety of marketing activities to promote the Fobas Kitchen and the Fobas Kitchen's menu; provided, however, that all such marketing activities will be determined in Fobas’s sole and absolute discretion and the Platform may be modified or updated, without notice and from time to time, to reflect any such changes.

5. Obligations of Parties in Case of Online Payment Orders

i. The Fobas Kitchen must meet all of the following requirements when it receives an online payment Order:

ensure that it does not receive any additional payment from a Customer (including but not limited to payment by cash) when payment has been made online by a Customer;
follow all special instructions contained on the Order receipt or as communicated by Service Operator; and
obtain a signature from the Customer acknowledging receipt of the Order when the Fobas Kitchen undertakes delivery of the Orders independently or through third parties, other than Fobas.

If the Fobas Kitchen has not complied with the delivery instructions (as set forth in this Order receipt) or has supplied bad quality Goods to the Customer, whereby Fobas has (pursuant to the Customer’s complaint) been constrained to refund the Order Value to the Customer ("Problem Order") in any manner, the Fobas Kitchen acknowledges and agrees that the Fobas Kitchen will not be paid for such Problem Order and that if the Fobas Kitchen has already received the Order Value from Fobas in respect of such Problem Order (subject to the appropriate reductions under Clause 10), Fobas will have a right in accordance with these Terms to deduct or offset such amount from or against any monies that are owed by Fobas to the Fobas Kitchen (in respect of future Orders) under these Terms.
Fobas Kitchen shall disclose all relevant details pertaining to Problem Order(s) with Fobas, if required by Fobas.
Fobas will communicate promptly with its bank if it becomes aware of any fraud having been committed by a Customer.

6. Payment Settlement Process

The Fobas Kitchen acknowledges and agrees that any Order Value which is collected by Fobas for, and on behalf of, the Fobas Kitchen in accordance with these Terms, shall be passed on by Fobas to the Fobas Kitchen subject to the deduction of the following amounts (as applicable) by Fobas from such Order amount:

Service fee (For cash on delivery orders and online paid Orders);
Amount of Payment Mechanism Fee due from Fobas Kitchen;
Amount of tax collected by Fobas in case of Restaurant Service provided by Fobas Kitchen though the Fobas Platform; and
Any other amount that are due to Fobas under the Form or on account of other services availed by Fobas Kitchen from Fobas, to which specific consent of the Fobas Kitchen is accorded.

The Parties acknowledge and agree that after the deduction of the aforementioned amounts, Fobas shall remit the Order Value due to the Fobas Kitchen on a weekly settlement basis(or within a period of 3 bank working days if opted for by the Fobas Kitchen in the Form) from the date the payment of the Order Value is received by Fobas. For weekly settlement of the Order Value, the Parties acknowledge and agree that after the deduction of the aforementioned amounts, Fobas shall remit the Order Value due to the Fobas Kitchen on a weekly basis after allowing reasonable time for adjustments towards Orders for which the Customers have either refused to pay or have claimed a refund, as applicable (but in accordance with the guidelines prescribed by Reserve Bank of India for payment systems and nodal account) ("Payment Settlement Day"). The Payment Settlement Day for Orders serviced from Monday to Sunday shall be on or before Thursday of the following week. If the Payment Settlement Day falls on a bank holiday it shall be the following working day.
Notwithstanding anything to the contrary contained in these Terms or the Form, the Fobas Kitchen, on behalf of itself and all its affiliates, hereby unconditionally and irrevocably authorises Fobas to set off, withhold and deduct any amounts owed by the Fobas Kitchen or its affiliates to any Fobas Group Company under any agreement, arrangement or understanding between the Fobas Group Company and the Fobas Kitchen or its affiliates, from the Net Order Value, and apply such amounts towards the dues owed by the Fobas Kitchen or its affiliates to the Fobas Group Company. Without prejudice to the other provisions of the Form or these Terms, and solely for the purposes of this Clause 10 (iii), the Fobas Kitchen hereby agrees, acknowledges and confirms that the amounts so set off, withheld and applied in the aforesaid manner shall be deemed to form part of the Service fee payable by the Fobas Kitchen to Fobas under the Form and these Terms. For purposes of the provisions of this clause 10(iii), the term Fobas Group Company shall be deemed to include any of Fobas's current and former, direct and indirect, subsidiaries and/or controlled affiliates as well as any successor to Fobas or all or any material portion of the businesses and/or assets of Fobas or any successor thereto or any of its direct and indirect, subsidiaries and/or controlled affiliates

7. Charges

In consideration of the Services offered by Fobas to the Fobas Kitchen, the Fobas Kitchen undertakes to pay to Fobas charges including Service fee, Payment Mechanisn Fee, at the rates set out in the Form.
The Fobas Kitchen acknowledges and agrees that where Fobas extends additional support services to the Fobas Kitchen and/or Customers and incurs corresponding support costs, or where Fobas issues refunds to the Customers on account of acts or omissions attributable to the Fobas Kitchen, including but not limited to, frequent rejection or time-out of Order(s), delay in accepting or handing over the Order(s), poor quality food, missing or incorrect item, poor quality packaging, etc, as may be communicated to the Fobas Kitchen in the periodic reports.

8. Taxes

Notwithstanding anything to the contrary herein, the Fobas Kitchen is, and will be, responsible for all taxes, payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with Customer Orders for supply other than Restaurant Service and the Fobas Kitchen’s use of the Platform and Fobas Services. Fobas may charge and collect applicable taxes from Customers on behalf of the Fobas Kitchen in accordance with instructions provided by the Fobas Kitchen and/or applicable law; and, in which case, Fobas will collect such tax solely on behalf of the Fobas Kitchen and shall pay such amount collected to the Fobas Kitchen. The Fobas Kitchen shall be solely responsible for verifying amounts collected, filing the appropriate tax returns, and remitting the proper amount to the appropriate tax authorities. Taxes shall include all applicable taxes due in relation to the sale of food and beverages, including pick-up and delivery services (if applicable), by the Fobas Kitchen. It is clarified that Fobas will not be liable for payment of any Taxes that the Fobas Kitchen is liable to pay in connection with supply other than Restaurant Services which shall be provided by the Fobas Kitchen to the Customers in accordance with these Terms and that the Fobas Kitchen hereby undertakes to indemnify, defend and hold harmless, Fobas and each of its affiliates and (as applicable) all of their directors, officers employees, representatives and advisors against any tax liability that may arise against Fobas on account of the non-payment of Taxes by the Fobas Kitchen under these Terms. Fobas Kitchen will be required to deposit relevant taxes, including tax deducted at source (TDS) on the service fee payable to Fobas. However, in case where Fobas withholds its Service fee before remitting the settlement dues to the Fobas Kitchen, Fobas shall refund the TDS to the Fobas Kitchen subject to submission of the TDS certificate on a quarterly basis within sixty (60) days from the end of the quarter.

Tax collected at source:

W.e.f. 01st October, 2018, Fobas is required to collect taxes at source on Gross Sales (less applicable taxes charged by Restaurant(s)) on Supply of Food and Beverages Items other than supply of Restaurant Service, at such rates as required by the applicable tax laws (“TCS”). The TCS shall be collected on the date of acceptance of Order. The Fobas Kitchen shall be solely responsible to provide correct GSTIN details to Fobas and reconcile the TCS with the tax statements provided by Fobas from time to time, as required by applicable laws. Fobas shall remit TCS to the respective Central Government and State Government/Union Territory and such remittance(s) shall be considered as complete fulfillment of Fobas's obligations in this regard. TheFobas Kitchen may be eligible to claim TCS credit on the basis of tax returns filed by it with the relevant government/statutory/tax authorities. Fobas Kitchen acknowledges and agrees that in the event of any discrepancy between the tax returns/entries filed by Fobas Kitchen and those filed by Fobas, the tax returns/entries present and filed by Fobas shall have a precedence over the tax returns/entries filed by Fobas Kitchen. Fobas shall share a monthly TCS statement along with invoice with Fobas Kitchen to report transactions undertaken during the month in its applicable returns.

Tax Deducted at Source under Income Tax Act (‘TDS u/s 194-O’):

W.e.f. 01st October, 2020, Fobas is required to deduct taxes at source from the amount for all Orders that are settled via Fobas’s Platform. TDS u/s 194-O shall be applied on Gross Sales (less applicable taxes charged by the Restaurant) as per the applicable tax law on the rate as applicable and amended from time to time. Fobas hereby clarifies that TDS u/s 194-O shall be deducted under the Payment Settlement Process set out in the Form and these Terms.
The Fobas Kitchen shall be solely responsible to provide correct PAN details to Fobas and reconcile the income tax deducted with the order transaction report and certificates provided by Fobas from time to time. Fobas shall remit income tax deducted to the respective Government account and report against the PAN as available on Fobas records. Such remittance(s) and reporting shall be considered as complete fulfilment of Fobas's obligations in this regard.
Fobas will share a quarterly TDS certificate with Fobas Kitchen as per applicable tax law. The Fobas Kitchen may be eligible to claim credit of the income tax deducted on the basis of tax returns filed by it with the relevant government tax authorities. Fobas Kitchen acknowledges and agrees that it is the Fobas Kitchen’s responsibility to reconcile and claim correct credit for the income tax deducted for which the Fobas Kitchen may be eligible as per the applicable laws. Fobas Kitchen also agrees that in the event of any discrepancy between the returns filed by the Fobas Kitchen and those filed by Fobas, the amount reported by Fobas shall have a precedence over the tax returns filed by the Fobas Kitchen.
Any discrepancy identified at the time of reconciliation by the Fobas Kitchen should be brought to the attention of Fobas within a period of fifteen (15) days from the date of receipt of TDS Certificate. Any delay on this account will relieve Fobas of any obligation to undertake a corrective action to resolve the discrepancy. Under no circumstances, Fobas shall entertain any discrepancy in the reported value after 31st July of the year following the financial year to which the transactions were undertaken and reported. Fobas Kitchen agrees and acknowledges that Fobas shall not be held liable in any manner in the event the Fobas Kitchen does not receive the benefit of income tax deducted due to incorrect particulars provided by the Fobas Kitchen to Fobas.

9. Confidentiality

Other than for provision of Service(s) by Fobas, Fobas does not share any other information of the Fobas Kitchen with third parties unless requisitioned by government authorities.
Other than for the purpose of availing Service(s) from Fobas, the Fobas Kitchen must not disclose any confidential information about Fobas, including but not limited to these Terms, its business strategies, pricing, revenues, expenses, Customer Data, and Order information to third parties.

10. Warranty and Indemnity

Fobas Kitchen warrants that if the Fobas Kitchen ceases to do business, closes operations for a material term or is otherwise unable to offer services to Customers it will inform Fobas promptly. Where the Fobas Kitchen neglects to do so, whether by omission or fault, Fobas will not be held responsible for any liabilities, whether financial or otherwise.
Fobas Kitchen warrants that it will not offer for sale any potentially hazardous food, alcoholic beverage, tobacco product, or any other item prohibited by law.
Fobas warrants that it will undertake its obligations with reasonable skill and care.
. Fobas does not guarantee or warrant that the Platform, Application, Tablet, Fobas Device, software, hardware or services will be free from defects or malfunctions. If errors occur, it will use its best endeavours to resolve these as quickly as possible.
. Fobas Kitchen warrants that it complies and will remain compliant with the Food Safety and Standards Act, 2006, Legal Metrology Act, 2009 and the applicable rules and regulations made thereunder and any other requirements or applicable law in the relevant State or Territory and all other applicable legislation, regulations or standards.
Fobas Kitchen warrants to procure and keep valid during the subsistence of these Terms, all requisite licenses and/or registrations thereunder and provide copy of such licenses and/or registrations to Fobas prior to availing the Services.
The Fobas Kitchen agrees to indemnify and hold Fobas (and its directors, officers, agents, representatives and employees) harmless from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with any claim or suit or demand:

By a Customer (or any party on whose behalf a Customer has been acting), for reasons not attributable to the Service;
By a Customer (or any party on whose behalf a Customer has been acting) or any third party In respect of, arising out of or relating to the Content, Information or material provided by the Fobas Kitchen to Fobas, to be listed on the Platform.
In respect of, arising out of, or in connection with, Restaurant Services (or any other services actually or purportedly offered in respect of or connected to the Restaurant Services) and delivery of such Restaurant Services when undertaken by the Fobas Kitchen;
In respect of or connected to the collection or payment of applicable taxes in any way connected to these Terms or any matter or goods or services under or arising from it (e.g. Services);
In respect of quality of the Restaurant Services provided by the Fobas Kitchen.
In respect of the warranties provided by the Fobas Kitchen in Clause 13 (Warranty and Indemnity) hereto;
Relating to harm caused by the Fobas Kitchen supplying any unsafe Restaurant Services, any product failure, defect or hazard in any Restaurant Services supplied or sold by the Fobas Kitchen or inadequate instructions or warnings provided to Customers pertaining to any hazards arising from or associated with the use of any Restaurant Services supplied or sold by the Fobas Kitchen;
Brought either by Fobas and/or third party on account of misuse, abuse, cheating, fraud, misrepresentation carried out by the Fobas Kitchen;
In respect of, arising out of or in connection of any use of the Customer Data, not in accordance with the Terms and/or the applicable law;
For any misleading or incorrect or false, information or data provided by the Fobas Kitchen;
Misuse and/ or unauthorized or fraudulent use of SIM card provided along with Fobas Tablet/ Fobas Device;
Damage or loss to the Tablet / Fobas Device

The Fobas Kitchen acknowledges that it supplies certain rights to Fobas to enable Fobas to provide services to the Customer. Fobas will not be liable for any applicable taxes liability in respect of Supply of Foods and Beverages Items other than Restaurant Service by Fobas Kitchen to Customers and the Fobas Kitchen hereby indemnifies Fobas against any applicable taxes it may become liable for arising out of such transactions.

11. Customer Data

The Fobas Kitchen agrees that the Fobas Kitchen will only use the Customer Data in fulfilling the applicable Customer Order and in complying with the Fobas Kitchen's obligations in this Form, and the Fobas Kitchen agrees that Customer Data will not be used to enhance any file or list of the Fobas Kitchen or any third party. The Fobas Kitchen represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. The Fobas Kitchen agrees it shall not use the Customer Data for sending any unsolicited marketing message, announcements and for feedback purposes, and shall be solely liable to ensure that any third party with whom Customer Data is shared complies with the restrictions set forth herein. The Fobas Kitchen agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling the applicable Customer Order. The Fobas Kitchen (and any other persons to whom the Fobas Kitchen provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Fobas Kitchen (or otherwise on its behalf), the Fobas Kitchen shall ensure that it (and any applicable third parties) adopt, post, and process the Customer Data in conformity with an appropriate and customary privacy policy. For purposes of this Form, the restrictions set forth herein on the Fobas Kitchen's use of Customer Data do not apply to: (a) data from any Customer who was a customer of Fobas Kitchen prior to the Fobas Kitchen using the Platform or the Fobas Services, but only with respect to data that was so previously provided to the Fobas Kitchen by such Customer; or (b) data supplied by a customer directly to the Fobas Kitchen who becomes a customer of the Fobas Kitchen and who explicitly opts in to receive communications from the Fobas Kitchen for the purposes for which such Customer Data will be used by Fobas Kitchen; and, provided in all cases, that the Fobas Kitchen handles and uses such Customer Data in compliance with applicable Laws and the Fobas Kitchen's posted privacy policy.

12. Term and Termination

The arrangement between parties shall start on the Execution Date and unless terminated earlier under this clause shall continue indefinitely. Either Party may terminate the arrangement, with or without cause, at any time upon seven (7) days prior written notice to the other party.
Fobas may terminate the arrangement or suspend the Services of the Fobas Kitchen with immediate effect if:

The Fobas Kitchen fails to conduct its business in accordance with these Terms and /or in accordance with the information given to Fobas, such as Fobas Kitchen proprietary rights, opening hours, delivery areas, delivery conditions, nature of food served or prices;
The user experience for the Fobas Kitchen is not found satisfactory as per the Fobas standards;
For a continuous period of 14 days, the Fobas Kitchen fails to deliver Order(s) which are not fraudulent or unintentional;
Upon the happening of any of the insolvency events such as bankruptcy, appointment of receiver, administrator, liquidator, winding up, dissolution;
Fobas identifies any fraudulent or suspicious activity on the Fobas Kitchen’s account;
The Fobas Kitchen fails to comply with Applicable Law and/or these Terms,; and/or
In case Fobas conducts any investigation to ensure Fobas Kitchen’s compliance with the Applicable Law and/or these Terms.

Parties may terminate their arrangement with immediate effect by notice in writing to the other party if the other party commits a material breach, which, in the case of a material breach capable of remedy, is not remedied within 14 days after written notice is given to the breaching party, specifying the default. Termination of the arrangement: (a) in accordance with its Terms, shall not affect the accrued rights or liabilities of the parties at the date of termination; and (b) shall have no effect on: (i) the validity of Services already issued to Customers; or (ii) Fobas Kitchen’s obligations to pay for Services availed in accordance with this Agreement.
Fobas, at its sole discretion, reserves the right to suspend and/or terminate the Services immediately with a prior notice to the Fobas Kitchen on account of any alleged or threatened or actual (a) suspicious activity; and /or (b) breach of any intellectual property right of Fobas or any third party by the Fobas Kitchen; and/or (c) any false misrepresentation by the Fobas Kitchen; and/or (d).fraudulent activity. The Fobas Kitchen hereby agrees and acknowledges that in addition to the aforementioned right to terminate and/or suspend the Services, Fobas shall also have the right to withhold, set off and deduct any payments that may be due to the Fobas Kitchen from Fobas. Without prejudice to the other provisions of the Form or these Terms, and solely for the purposes of this Clause, the Fobas Kitchen hereby agrees, acknowledges and confirms that the amounts so set off, withheld and applied in the aforesaid manner shall be deemed to form part of the Service fee payable by the Fobas Kitchen to Fobas under the Form and these Terms

13. Notice requirements

Factors that prevent you from fulfilling your obligations towards Fobas or Customers should promptly be reported to Fobas by contacting the account manager appointed by Fobas or by writing an email to priority@Fobas.com.

14. Disclaimers

To the fullest extent permitted by law, Fobas and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with this Form, the Platform and the Fobas services and any use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Fobas makes no warranties or representations about the accuracy or completeness of the content and data on the Platform or the Fobas services' content or the content of any other websites linked to the website, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Fobas Kitchen's access to and use of the Platform and the Fobas services, (c) any unauthorized access to or use of Fobas' servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website or otherwise with respect to the Fobas services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or the Fobas services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website or the Fobas Services.

15. Limitation of Liability

For the purposes of this clause, "Liability" means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Form, including liability expressly provided for under this Form or arising by reason of the invalidity or unenforceability of any term of this Form. Fobas does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Fobas shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent Orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. Although Fobas will use its best endeavours to ensure that the unintentional operational errors do not occur, Fobas cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Fobas’s aggregate liability under this Form shall not exceed the total value of the Order under which the claim arose.

16. Miscellaneous

Governing Law and Dispute Resolution: This Form shall be governed by the Laws of India, for the time being in force and the courts of New Delhi shall have the exclusive jurisdiction to preside over matters arising hereunder. Parties shall first endeavour to resolve their disputes amicably within fifteen (15) days from the date on which the dispute was first notified. Failing which, the dispute shall be referred to court.
Waiver: The failure of either party to assert any of its rights under the Form, including, but not limited to, the right to terminate the Form in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right thereafter to enforce each and every provision of the Form in accordance with these Terms.
Invalidity or unenforceability of any provision of or right arising pursuant to these Terms shall not adversely affect the validity or enforceability of the remaining obligations or provisions.
No third party rights: No term of this Form shall be enforceable by a third party.
No assignment: The Fobas Kitchen must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Form or any right, benefit or interest under it, nor transfer, novate or sub-contract any of the Fobas Kitchen’s obligations under it.
Independent contractors: The Form does not create any agency, employment, partnership, joint venture, or other joint relationship. Fobas and the Fobas Kitchen are independent contractors and neither has any authority to bind the other.
Change of control: The Fobas Kitchen acknowledges that the business and assets of Fobas may be sold in the future and consents to the transfer or disclosure of its personal Information and this Form to any purchaser of the business of Fobas or its assets if that outcome occurs.
Acceptance to Fobas’s Privacy Policy: by signing the Form, the Fobas Kitchen acknowledges and agrees to be bound by Fobas’s privacy policy. Fobas Kitchen will immediately notify Fobas if it becomes aware of or suspects any unauthorized use or access to the user data or any other Confidential Information of Fobas, and shall co-operate with Fobas in investigation of such breach and the mitigation of any damage.

17. Modification

Fobas may modify these Terms from time to time, and any such changes will (i) be reflected on the Website, and (ii) be effective immediately upon the changes being reflected on the Platform. The Fobas Kitchen agrees to be bound to any such changes or modifications and understands and accepts the importance of regularly reviewing these Terms as updated on the Platform.
Further, in the event Fobas upgrades, modifies or replaces the Services ("Service Modifications") offered to the Fobas Kitchen, Fobas will notify the Fobas Kitchen prior to making the same and give the Fobas Kitchen the opportunity to review and comment on the Service Modifications before continuing to use the Service or any alternative service offered by Fobas. The Service Modifications will also be reflected on the Platform. If the Fobas Kitchen continues to use the Service or any alternate service offered by Fobas, following any notice of the Service Modifications, it shall constitute the Fobas Kitchen’s acceptance of such Service Modifications.

18. Delivery Policy

For on-day delivery, highlight the speed and convenience: "Get your order delivered on the same day! Place your order before [cut-off time] for speedy delivery to your doorstep."