Terms & Conditions

 

These Hungerista Terms of Use (this “Agreement”) apply to your access or use of the Hungerista and the content, features, and services (the “Services”) made available by Hungerista Network Private Limited through Hungerista Hungerista platform including all its hungerista platforms and mobile applications. In this Agreement, “Hungerista”, “us”, “our” and “we” mean the Hungerista company that is providing the Services to you, and with whom you are entering into this Agreement.

By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, you acknowledge that

(1) you have read, understood, and agreed to be bound by this Agreement, and

(2) you are of legal age and not prohibited by law from accessing or using the services provided hereby.

Hungerista may update or revise this Agreement from time to time without any prior notice. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Any use of the Services is subject to the version of this Agreement in effect at the time of use.

 

DEFINITIONS

 

PARTIES 

"You" and “your"(collectively defined as Second Party) refer to you, as a merchant or user.  A "merchant" is someone who accesses or in any way uses the hungerista platform/application or access Hungerista Platform in any way to advertise one’s business or take the benefit of the reservation services of Hungerista, whereby a merchant is able to upload offers, coupons, deals, events, accept payments, accept bookings/reservations  subject to the terms of use.  A "user" is someone who accesses, browses, crawls, scrapes, or in any other way uses the Hungerista platform. "We," "us," and "our"(collectively defined as First Party) refer to Hungerista platform. The Third parties are defined as all those who are associating with the hungerista platform in any other ways except those defined under Second Party.

 

CONTENT

"Your Content" means Content that you submit or transmit to, through, or in connection with the hungerista platform, such as name, contact number, email address, postal address, brand description or any information that you publicly display or is displayed in your account profile. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Merchant Content" means Content that merchants submit or transmit to, through, or in connection with the hungerista platform. "Hungerista Content" means Content that we create and make available in connection with the hungerista platform. "Third Party Content" means Content that originates from parties other than Hungerista, its users or merchants, which is made available in connection with the hungerista platform. "Hungerista platform Content “means all of the Content that is made available in connection with the hungerista platform, including Your Content, User Content, Hungerista Content and Third-Party Content.

"Appointment Time" means the specific date and time of scheduled Order by the end user.

“Booked or Paid Order” means an Order that an End User has booked/reserved or paid for or remitted payment through Hungerista Hungerista platform.

"Effective Date" means the date Merchant registers for a merchant account with Hungerista.

"Hungerista Application" means mobile application providing access to Hungerista Hungerista platform.

"Merchant Services" means list of services offered by Merchants to the End Users.

"Order" means an End User scheduling an reservation/booking, purchasing a voucher, purchasing a package of Services, or purchasing a membership entitling Consumer to Merchant Services or discounts on Merchant Services; and, for certain Merchants, taking payment for the Merchant Services from the user through the Hungerista Hungerista platform.

"Payment Services" refers to all credit or debit card processing services, including charging, refunding, reversing, and adjusting transactions as well as all pay-outs, reimbursements and disbursements provided by Hungerista and its Payment Processors.

"Hungerista Platform" refers collectively to Hungerista Application, Hungerista websites, any links contained within or otherwise available through external hyperlinks within Hungerista Application, Hungerista websites, not including the third party links.

Hungerista is an integral part of the Hungerista Marketplace solution provided to Merchants. It is a comprehensive online booking and customer records management tool, including appointments for their clients. Hungerista allows merchants to place, accept, conclude, keep records of and manage products and services provided.

 Merchants with active Hungerista account can upgrade to The Services to promote their services among Hungerista community. Consumers who signed up to Hungerista can make and edit appointments to Merchants directly through Hungerista Marketplace.

Merchants using Hungerista may have their business and Merchant Services listed in the Hungerista Marketplace by default, but they may delist their profile from the Hungerista Marketplace at any time through Hungerista account settings.

Hungerista users authorize Hungerista and the merchants  to use Merchant's.       Hungerista Dashboard details for the following purposes:

  • List Services.  List all the offers, discounts, services, latest updates and combos/packages to attract the customers from the medium of Hungerista platform.
  • Client Marketing. Hungerista may access Merchant client contact information in order to market to those clients on the merchant's behalf. Merchant has the access to all the booking records and can use this user data to promote one’s brands and offers but is not allowed to manipulate the user in some other offer than booked one.
  • Customer Data. Certain Hungerista features may require importing customer data including customer names, appointment history, past services purchased, historical revenue and customer contact information such as email and phone number. By approving this Merchant Agreement, you allow Hungerista to import and use this data on Hungerista Marketplace.

 

"Refund" refers to any transaction reversed by Merchant, or in some cases, the Client or Hungerista.

"Service Fee" means a fee charged by Hungerista to Merchants for the use of The Services.

"The Services" mean services provided by Hungerista Network Private Limited to Consumers through Hungerista Hungerista platform and to Merchants through Hungerista platform.

Your Account: You are required to create an account with Hungerista through the Hungerista platform (“Account”) in order to use the Reservation Services with true, accurate, latest, and complete data about yourself on the Hungerista registration form (“Registration Data”).

 

COMMUNICATION

 

  • Hungerista may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications. 
  • Hungerista allows merchants and users to communicate with each other by providing their contact details which is subjected to our privacy policy and the merchant and the user are expected to use that information solely for the purpose of confirming the reservation or feedback and not contacting for any other purpose than this. Any kind of illegal and offensive communication by the merchant or the user will be subjected to legal actions as per the law allows. The merchant and the user are expected to protect and keep confidential users’ personal information in order to safeguard them from any possible harm.
  • Hungerista is not responsible for any of the user’s or merchant’s behaviour during the time of availing services by the merchant. However, Hungerista stands against any misconduct with the user or merchant by any party and is determined to support the victim in any way possible. Any merchant or user found to be guilty of misconduct will be blacklisted from the hungerista platform and is not liable to any action against Hungerista.

 

SERVICES AND DISCOUNT

 

It is expected that services claimed, discounts offered or any service provided by the merchants are true, authentic to the best of the merchant’s knowledge. Within the duration limit of expiry date of the services, offers and discounts merchant can’t deny from providing them to the user, which otherwise may be challenged by the user legally. Hungerista discourage such actions by the merchant and keeps the right of blacklisting the merchant. Merchant only, is responsible for providing such information and Hungerista has no liability in case any merchant is found not following this term.

Unrealistic exaggeration of the services, offers and discounts by the merchant resulting in inability to provide these is liable to complaints by user against merchant and merchant has a duty to provide possible and appropriate financial or other reimbursements to the user.

User agrees to provide authentic information about oneself to avail services through and access hungerista platform. If a user is found to be providing fraudulent information or using the hungerista platform in a deceiving way hungerista can blacklist and take legal actions against the defaulter to safeguard other parties from harm. The user, according to the law, might have to reimburse the damages.

 

Orders

(a) Hungerista Marketplace has been designed to streamline and simplify the process of appointment bookings. It allows Merchants present their offer, hold extensive communication with own clients and use different promotion features to maximise own revenue. End Users and Consumers can review, book, rebook or cancel appointments through Hungerista Website or Hungerista Application.

(b) When a Consumer books an Order on Hungerista Marketplace, details of the Merchant Services will be sent to the Consumer and Merchant by Hungerista electronically. The Consumer may then execute the Order for Services from the Merchant.

(c) Merchant is considered the seller of the Merchant Services described in the Order, while Hungerista is solely responsible for promoting these Merchant Services.

 

RESPONSIBILITY

 

Hungerista is not responsible for any of the content provided by the second or the third parties on the hungerista platform. In any case of conflicts relating to the violation of terms and conditions of usage and services by the second and third parties Hungerista is not liable to any legal action. However, we will provide assistance and help to resolve the issues between parties in conflict, as required and applicable by the law. We are determined to follow the laws of terms and any infringement will be dealt with legal action.

(a) Merchant agrees to provide all information and materials as may be reasonably required by Hungerista in connection with its transactions conducted on, through or as a result of use of Hungerista Marketplace. Hungerista has the right to suspend or terminate any Merchant’s account if the Merchant fails to provide the required information and materials.

(b) Merchant shall honour all Orders that are scheduled using Hungerista. Merchant must honour the terms, including any listed Appointment Time.

(c) Merchant is solely responsible for supplying all Merchant Services specified in the Order. Merchant is responsible for accurately listing any applicable Expiration Date for each Order. If Merchant omits an Expiration Date for the Order, Merchant shall accept the Order at any time. Additionally, Merchant shall honour Orders beyond their stated expiration dates as may be required under applicable law.

(d) If a Consumer only receives Merchant Services that are less than the value of the amount paid for the Order, Merchant shall issue a credit note and process a refund in the amount equal to the difference between the value of the service and the payment. Merchant may not impose any extra or additional fees or charges that contradict or otherwise limit the terms of any Order.

 

RESERVATION CANCELLATION

 

Once a merchant accepts a booking, the merchant can’t cancel the booking until and unless the merchant has contacted the concerned user(s), informed them and has the consent of concerned party. In violation of this, merchant may have to extend a financial or non-financial apology to the user, if demanded by the concerned party and as applicable and seemed appropriate by the law.

 

“YOUR ACCOUNT” INFORMATION

 

You are solely responsible for updating your information and maintaining the confidentiality of your Account. You agree to immediately notify Hungerista of any unauthorized use of your Account or any other breach of security. Any fake or fraudulent information provided by you, resulting in any potential harm to any of the parties defined above or someone other, will be subject to possible legal action.

 

CONTENT

 

Unless otherwise explicitly stated all the content on hungerista platform put by us (“Hungerista Content”) is the copyright and intellectual property of Hungerista and you are not allowed to use “Hungerista Content” in any way without our prior consent. However, you are allowed to use this information for your personal and non-commercial use. Violation of this term will be subject to applicable law governed by Indian jurisdiction.

Both merchants and users are prohibited to offer or use Hungerista Content to and for third parties. Such actions are considered illegal and will be subject to legal actions.

 

LOYAL CUSTOMER PLAN

 

  • All the discounts offered on successive visits under the Loyal Customer plan will be provided by the merchant as per it’s wish and Hungerista is not responsible for any changes made by the merchant.
  • The discounts offered by the merchant under the Loyal Customer Plan are subject to changes without any prior notice and Hungerista has no responsibility relating to the amount of discount under this plan. Merchant is expected to provide authentic discount details to the best of his knowledge. Merchant can’t deny user the discount as given, at the time of booking under this plan. Appropriate actions will be taken by us in case of violation of this term.
  • Maximum discount possible under this plan will be capped by a maximum discount amount. The maximum discount amount and related terms and conditions will be described by the merchant on his description page. Users are advised to go through the description before raising any issues regarding the discount under this plan.
  • The discount offered under this plan will be applied on the total amount or bill calculated after applying the other discounts as given by the merchant on his deal/offer only if the offers can be clubbed.

SECURITY AND PRIVACY

 

The use of content and information on the hungerista platform shared by any of the parties is subject to our privacy policy. To check our privacy policy go here.

 

HUNGERISTA PAY

 

  • ‘Hungerista pay’ option for one click online payment can be used only on selective service providers who are using this feature. Such merchants will be highlighted always by a disclaimer with the tag HUNGERISTA PAY.
  • Hungerista pay is one step solution for online payment. After you have made a reservation,
    1. Just visit the merchant and enjoy!
    2. Ask the merchant that you are paying through Hungerista Pay.
    3. Soon you will receive a ‘pay now’ option on your profile, adjacent to the respective booking/reservation.
    4. As you click on the “pay now” option there will be a message with all the bill and reservation details which you can tally with the service provider.
    5. After you are sure of the bill invoice just click on the pay button and that’s it.
    6. There is no need to worry about the hassles of online payment.
  • The bill amount to the merchant will be transferred after levying a commission of 10% within 15 days of bill generation.
  • Merchant agrees to provide all the necessary bank information and bill records to assist the process.

 

PAYOUTS

(a) Merchants will receive payouts to the designated Reserve Account and Bank Account in the amount of the transaction charged less Service Fee, any other Hungerista fee (Total Remittance Amount), or other withholding as described above. The payouts will be made to Merchant’s bank account you provide in your Hungerista registration. The actual timing of the transfers to your bank account of the settling funds will be subject to the Payout Schedule as defined below.

(b) Payout Schedule. Payout schedule refers to the time it takes for us to initiate a deposit to your bank account for funds due to you from the Payment Services. For settled transactions due to you, Hungerista will initiate transfer of funds (less any applicable Service Fee, Cashbacks, and other funds owed to us for any reason) in accordance with the Payout Schedule.

(c) The funds should normally be credited to your bank account within 15 days of us initiating the payout. Hungerista is not responsible for any action taken by the institution holding your bank account that may result in some or all of the funds not being credited to your Bank Account or not being made available to you in your bank account, or for any delays imposed by your bank or our Payment Processor. Hungerista and our Payment Processor reserves the right to change the Payout Schedule from time to time, or suspend payouts to your Bank Account.

 

ONLINE PAYMENT

 

Until and unless explicitly stated, we are not taking any online payment from the user. All the financial transactions between the user and merchant through hungerista pay will be subject to Hungerista pay Terms. Hungerista doesn’t facilitate any offline transaction between merchant and user and thus holds no responsibility regarding this issue. For refunds please refer to our refund policy.

 

MAGIC COINS

  • Cashback will be provided in the form of magic coins.
  • 100% cashback will only be provided to the first booking from every new sign up, up to maximum Rs.1000.
  • Further cashbacks will be provided according to the company policies and coupons provided by hungerista which will be updated on the hungerista platform from time to time. For new offers keep checking the websites and app.
  • Cashback will be provided and used only on Bookings/reservations done through Hungerista platform.
  • Cashback will be redeemed only after confirming and cross-checking the bill details.
  • All the cashback will be provided in the form of “Magic Coins” that can be used only for the online payments through ‘Hungerista Pay’.
  • A maximum of 10 % of the total bill up-to the limit of 50% of toal ‘Magic Coins’ can be used by the user for onetime payment. The rest of the money has to be paid by the user through mobile wallets or debit/credit cards.
  • Cashback can be used for only maximum 3 bookings/reservations in one day. Cashback can be used at the same service provider for maximum three times in a month.
  • Magic Coins can be used only on those service providers that are listed and using the Hungerista Pay feature. It completely depends upon the discretion of the merchant whether it provides the facility of Hungerista pay or not.
  • Magic Coins can be used by only one user at the time of payment. Facility of bill splitting is not valid on cashback usage.
  • No two promocodes can be combined for onetime payment. Promocodes can’t be clubbed with Hungerista cash. You can either use promo/ coupon codes or Hungerista cash.
  • For valid offers and promocodes keep checking the hungerista platform constantly. Offers and promocodes may change anytime without any prior information.
  •  

HELICOPTER RIDE

 

  • The selection will be done through a random lucky draw with an equal chance for the winner to get selected. However, the procedure of selection remains as per the wish and comfortable of the Hungerista team.
  • The lucky draw will happen only after there has been at least 50 applications for the free helicopter ride, i.e. 50 users have voluntarily filled the application form for a free helicopter ride.
  • One will only be eligible for considering a potential winner for the free helicopter ride only and only if the user has booked a coupon/offer, via hungerista platform the merchant and availed the services. Pending bookings won’t make you eligible for the lucky draw.
  • The offer may be withdrawn by the Hungerista team anytime without any prior notice. For updates keep checking the hungerista platform and our latest offers.
  • You have the complete freedom to quit the ride whenever you want or are unsure about it.
  • You will have to agree to the terms and conditions, follow the security precautions and procedures of the helicopter ride service provider, failure to which leads to cancellation of the ride.

TERMINATION OR SUSPENSION

(a) Should you discontinue use of Hungerista or otherwise suspend or cancel your Hungerista account, we will immediately discontinue your access to the Payment Services. You agree to complete all pending transactions or outstanding appointments (or notify End Users of cancellation) and stop accepting new transactions through Hungerista, as applicable. Any funds due to you will be paid out to you subject to the terms of your payout schedule and any applicable withholding.

(b) Termination does not relieve you of your obligations as defined in this Agreement and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this Agreement, including but not limited to Cashbacks, Fees, Refunds, reversals, or Investigations.

 (d) Failure to pay any fees to Hungerista including Service Fees, or accruing any balance owed to Hungerista for Payment Services may result in the suspension of your account. Hungerista may disallow your access to any services provided at our discretion until any balances owed are paid in full.

 

GRABBED BOOKING

 

A booking by the user will be considered grabbed only if he/she has materialised the booking. Until that, a booking is not considered grabbed and user is not entitled to avail any benefits based on grabbed bookings such as Customer Loyalty Plan.

 

In case of any doubt about terms and conditions terms and conditions, you may approach us at support@hungerista.com. 

 

In case of any infringement or breach of terms and conditions, you may approach us at support@hungerista.com.