SECTION A: GENERAL PROVISIONS

1.The App is an online marketplace offering food lovers who wish to order from the Walima ki Dawat Cloud Kitchen. Customers can also create personal profiles , communicate with other Walima ki Dawat users, rate their experiences and use such other Services available on the App from time to time.

3.Walima ki Dawat shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the Services available on the App.

4.Walima ki Dawat reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.

5.Walima ki Dawat relies on third party providers (such as network providers, data centers and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst Walima ki Dawat takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Walima ki Dawat does not warrant that the App services shall be uninterrupted or fault-free at all times. Walima ki Dawat therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of Walima ki Dawat’s service providers.

6.Walima ki Dawat uses third party payment handlers to process your payment. The third party payment gateway provides services for the issuing, use, and management of e-money. These services are offered on the App as a means of payment for Walima ki Dawat. By signing up to Walima ki Dawat (both as a Customer and Walima ki Dawat Partner ), you agree to be bound by the Terms and Conditions of the third party payment Gateway service provider.

7.Walima ki Dawat may be contacted at by email at info@flaplive.com

PRELIMINARY INFORMATION

1.By registering your details with Walima ki Dawat as a User, you warrant that:

2.1.1.you are legally capable of entering into binding contracts.

2.1.2.you are at least 18 years old and

2.1.3.you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services and purchase of Meals.

REGISTRATION

1.In order to use the Application services, you will need to complete the online registration form and set up an Account in Walima ki Dawat .

2.By registering your details and setting up an Account, you consent to Walima ki Dawat conducting verification and security procedures in respect of the information provided by you online.

3.You hereby warrant that the information provided by you to Walima ki Dawat is true, accurate and correct. You further warrant that you shall promptly notify Walima ki Dawat in the event of any changes to such information.

4.Upon the completion and submission of the online registration form on the App, you shall be sent a verification email to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Account By signing up you agree to the Terms of Use and Privacy Policy.

5.Upon registration, Walima ki Dawat will give you the opportunity to invite friends to join the App by emailing an invite (whereby you will be required to enter their email addresses), or by contacting friends through their Facebook profiles.

6.You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Walima ki Dawat , Walima ki Dawat reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Walima ki Dawat has any reason to believe you have breached any of the provisions set out herein.

REGISTRATION

7.Notwithstanding the foregoing, Walima ki Dawat reserves the right to:

3.7.1.accept or reject your application to register for any reason and

3.7.2.suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.

USER OBLIGATIONS

1.You agree that you are solely responsible and liable for all activities carried out by your use of the App.

2.You shall not submit to appear on the App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (User Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another Foodie or Walima ki Dawat Cloud Kitchen elsewhere on the App that, in Walima ki Dawat’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:

4.2.1.promote racism, hatred or physical harm of any kind against any group or individual

4.2.2.harass or advocate harassment of another person

4.2.3.display pornographic or sexually explicit material

4.2.4.promote any conduct that is abusive, threatening, obscene, defamatory or libelous

4.2.5.promote any illegal activities

4.2.6.provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses

4.2.7.promote or contain information that you know or believe to be inaccurate, false or misleading

4.2.8.engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Walima ki Dawat; or

4.2.9.infringe any rights of any third party.

3.You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Walima ki Dawat may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Walima ki Dawat , a non-exclusive, perpetual, irrevocable, worldwide license to do so.

4.You warrant and represent that you own or are licensed to use any and all patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all Intellectual Property Rights in all User Submissions that you make to the App as part of your use of the Services.

5.You hereby grant to Walima ki Dawat a non-exclusive, irrevocable license to make the User Submissions available to other Users of the App.

6.If you feel that any User Submission made by another User is objectionable, please contact Walima ki Dawat using the contact details set out on the App. Walima ki Dawat shall use its reasonable endeavors to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.

7.You further agree that at all times, you shall:

4.7.1.not use your Login Details with the intent of impersonating another person

4.7.2.not allow any other person to use your Login Details

4.7.3.not use the information presented on the App or provided to you by Walima ki Dawat for any commercial purposes

4.7.4.not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network

4.7.5.not infringe any rights of any third parties

4.7.6.contact Walima ki Dawat at info@flaplive.com immediately if you consider any User Submission posted by another User to breach any of the Terms herein

4.7.7.comply with all instructions and policies from Walima ki Dawat from time to time in respect of the use of the Platform, the Services and the App

4.7.8.co-operate with any reasonable security or other checks or requests for information made by Walima ki Dawat from time to time; and

4.7.9.use the information made available to you on the App and through the Services at your own risk.

8.In the event that you have a dispute with any other User of the App, you hereby release Walima ki Dawat from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

EXCLUSION OF WARRANTIES AND Walima ki Dawat’S LIMITATION OF LIABILITY

1.Subject to clause 5.4 and 5.5, if Walima ki Dawat fails to comply with these Terms, Walima ki Dawat shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Walima ki Dawat ‘s failure to comply with its obligations is not remedied as in this clause 5.1, then Walima ki Dawat shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred rupees (Rs 100.00).

2.Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Walima ki Dawat and to the maximum extent permitted by law, Walima ki Dawat excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.

3.Walima ki Dawat does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, Walima ki Dawat does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Meals, the Services and/or the App. Walima ki Dawat advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability.

4.Subject to clause 5.5, Walima ki Dawat shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:

5.4.1.Consequential, indirect or special losses

5.4.2.loss of profits, income or revenue

5.4.3.loss of savings or anticipated savings, interest or production

5.4.4.loss of business or business benefits

5.4.5.loss of contracts

5.4.6.loss of opportunity or expectations

5.4.7.loss of goodwill and/or reputation

5.4.8.loss of marketing and/or public relations time and/or opportunities

5.4.9.loss of data; or

5.4.10.loss of management or office time or any other losses however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5.Nothing in these Terms excludes or limits Walima ki Dawat liability for:

5.5.1.death or personal injury caused by its negligence

5.5.2.fraud or fraudulent misrepresentation; or

5.5.3.any other matter for which it would be illegal for Walima ki Dawat to exclude or attempt to exclude its liability.

6.Commentary and other materials posted on the App or provided by Walima ki Dawat are not intended to amount to advice on which reliance should be placed. Walima ki Dawat therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Walima ki Dawat shall remain solely with you.

7.Walima ki Dawat does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Walima ki Dawat therefore recommends that you take all safety precautions when contacting, socializing and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Users.

INTELLECTUAL PROPERTY RIGHTS

1.Walima ki Dawat and its licensors own all the intellectual property rights relating to the App, Services and Platform.

2.You are expressly prohibited from:

6.2.1.reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and

6.2.2.removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Walima ki Dawat or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Walima ki Dawat or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Walima ki Dawat.

6.2.3.Provided that Walima ki Dawat is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, Walima ki Dawatshall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Walima ki Dawat.

PRIVACY AND DATA PROTECTION

1.Walima ki Dawat complies with the Data Protection Act 1998 and all other successor legislation and regulations in the performance of its obligations under these Terms. Please click here to view Walima ki Dawat’s Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them. FORCE MAJEURE

1.Walima ki Dawat shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).

2.A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Walima ki Dawat’s reasonable control and includes in particular (without limitation) the following:

8.2.1.strikes, lock-outs or other industrial action

8.2.2.civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war

8.2.3.fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

8.2.4.impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

8.2.5.impossibility of the use of public or private telecommunications networks; and

8.2.6.the acts, decrees, legislation, regulations or restrictions of any government.

COMPLAINTS AND TERMINATION

1.If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by clicking on “Report Abuse” on the App or send Walima ki Dawat details of your complaint by using the “Contact Us” form available on the App. Walima ki Dawat will use its reasonable endeavors to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.

2.Walima ki Dawat may suspend or terminate your use of the Services and/or App if:

9.2.1.any of Walima ki Dawat’s third party communication network providers cease to make their services available to Walima ki Dawat for any reason

9.2.2.Walima ki Dawat believes you or someone using your login details has failed to comply with one or more of these Terms

9.2.3.Walima ki Dawat believes there has been fraudulent use, misuse or abuse of the Services

9.2.4.Walima ki Dawat believes you have provided any false, inaccurate or misleading information.

3.On termination, your access to the App shall cease and Walima ki Dawat may delete your Profile.

GENERAL

1.If Walima ki Dawat fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

2.A waiver by Walima ki Dawat of any default shall not constitute a waiver of any subsequent default.

3.No waiver by Walima ki Dawat of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

4.For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.

5.Walima ki Dawat reserves the right to use third party suppliers or subcontractors at any time and in any way in respect of the performance of its obligations under these Terms.

6.If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

7.These Terms and any document expressly referred to in them represent the entire agreement between you and Walima ki Dawat in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and Walima ki Dawat, whether oral or in writing.

8.You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Walima ki Dawat except as expressly set out in these Terms.

9.Walima ki Dawat may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than

7 (seven) day’s written notice, (which may be by email), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.

10.These Terms are governed by and construed in accordance with Indian law. The Courts of India shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside India, Indian law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If Indian law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

SECTION B- FOODIE/BUYER/CUSTOMER/CONSUMER – TERMS AND CONDITIONS

INTRODUCTION

1.Upon registration as a Foodie, and in consideration of your compliance with these terms and conditions, Walima ki Dawat will provide you with the Food Services as described on the App and in this section B. You are a Foodie if you submit Orders through the Platform.

BUYER SERVICES

1.Subject to clause 1.4 of Section A above, the Services will comprise of the following:

12.1.1.the facility to create a Profile page

12.1.2.the ability to search for Walima ki Dawat Cloud Kitchen and their Dishes who have registered with the App and have Meals available for Order

12.1.3.the ability to communicate with other Walima ki Dawat Cloud Kitchens using the App

12.1.4.the facility to review and rate the Walima ki Dawat Cloud Kitchens or their dishes

12.1.5.access to any other features and functionality for the Buyer Services provided by Walima ki Dawat from time to time.

2.You acknowledge and agree that all Orders are subject to acceptance by the Walima ki Dawat Cloud Kitchens. The contract for fulfillment of an Order is created between you and the Walima ki Dawat Cloud Kitchens, which will only be formed once you have received such acceptance from the Walima ki Dawat Cloud Kitchens. Walima ki Dawat is not responsible for either party’s performance under such a contract and Walima ki Dawat makes no guarantee that the obligations of either party under the contract will be fulfilled.

3.All Meals sold on the App are perishable, therefore cancellations or refunds may not be permitted by Walima ki Dawat

4.In Case of online payment done by the buyer and the order is not fulfilled by the Walima ki Dawat Cloud Kitchens for some reasons , the buyer can contact Walima ki Dawat for claiming the refund .In such cases , Walima ki Dawat will investigate the issue with the Walima ki Dawat Cloud Kitchens and if found reasonable , will initiate the refund to the buyer at its own discretion.

ADDITIONAL OBLIGATIONS AS A BUYER

1.You must at all times use the Buyer Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.

2.As a Buyer, you are responsible for:

13.2.1.ascertaining the identity of any Walima ki Dawat Cloud Kitchens

13.2.2.verifying the Price of any Meal, which you acknowledge may fluctuate from time to time and will be determined at the Walima ki Dawat’s sole discretion

13.2.3.ensuring , you have sufficient information relating to any health & safety risks, including ascertaining that the Walima ki Dawat Cloud Kitchens is, where applicable registered with their local environmental health department

13.2.4.any review or rating of Walima ki Dawat Cloud Kitchens to be fair, honest and reasonable

13.2.5.verification of all information provided by the Walima ki Dawat Cloud Kitchens in relation to any Meals provided, including the ingredients.

3.In using the Buyer Services, you must:

13.3.1.not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts

13.3.2.immediately notify Walima ki Dawat in the event you have any reason to believe or suspect that a Walima ki Dawat Cloud Kitchens or another Buyer has breached any of the terms under Section A or that any Walima ki Dawat Cloud Kitchens Profile is not genuine, or is false, inaccurate and/or incomplete.

CANCELLATIONS AND REFUNDS

1.You acknowledge that the legal right to cancel and obtain a refund under consumer legislation may not apply in respect of your Order. However, and unless expressly stated by a Walima ki Dawat Cloud Kitchens to the contrary, Walima ki Dawat operates the following cancellation and refund policy in respect of Orders (“Refund Policy”):

14.1.1.you may cancel your Order and obtain a refund of the Price, provided such cancellation is received by the Walima ki Dawat Cloud Kitchens in writing (including by e-mail), or by following the Walima ki Dawat Cloud Kitchens cancellation procedure, no later than twenty four (24) hours before the Order is scheduled for delivery ( FOR SUBSCRIPTION BASED ORDERS ) and within 3 minutes of placing the order for same day orders .

14.1.2.you may cancel your Order and obtain a 50% refund of the Price paid for the Order, provided such cancellation is received by the Walima ki Dawat Cloud Kitchens in writing (including by e-mail), or by following the Walima ki Dawat’s cancellation procedure, no later than twelve (12) hours before the Order is scheduled for delivery; and

14.1.3.you will not be entitled to any refund of the Price in the event you cancel an Order by providing the instruction to Walima ki Dawat with less than twelve (12) hours written notice (including by e-mail) before the Order is scheduled for delivery.

ADDITIONAL EXCLUSION OF WARRANTIES

1.You acknowledge and agree that the Foodie Services provided by Walima ki Dawat are limited to providing you with a forum to attempt to source and connect with Walima ki Dawat Cloud Kitchens. When you use the Foodie Services, Walima ki Dawat does not warrant or guarantee:

15.1.1.that you will find Meals suitable to your specific taste, dietary or other requirements

15.1.2.the status of any Walima ki Dawat Cloud Kitchen as a business or that they are compliant with any standards set by the Food Standards Agency

15.1.3.the premises used by a Walima ki Dawat Cloud Kitchens to prepare Meals are suitable for the cooking and preparing of Meals or, where applicable, registered with their local environmental health department

15.1.4.that the Walima ki Dawat Cloud Kitchens Profiles are genuine

15.1.5.that any information or documentation made available on a Walima ki Dawat Cloud Kitchens Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete

15.1.6.the identity of the Walima ki Dawat Cloud Kitchens using the App.

2.As a Buyer, you warrant that you will only purchase Meals for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell Meals to consumers.

3.Walima ki Dawat is not responsible in any way for the quality or delivery of any Meals by the Walima ki Dawat Cloud Kitchens. Such Meals are to be provided by the Walima ki Dawat Cloud Kitchens on terms and conditions as may be agreed between you and the Walima ki Dawat Cloud Kitchens.

4.In the event there is a dispute between you and any Walima ki Dawat Cloud Kitchens, or if the Meals provided by a Walima ki Dawat Cloud Kitchens are found not to be satisfactory standard or at all, you agree Walima ki Dawat is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Meals from a Walima ki Dawat Cloud Kitchens, and you release and hold harmless Walima ki Dawat from anything you may suffer or any liability in relation to such dispute.

REGISTRATION

1.In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Walima ki Dawat Cloud Kitchens may include additional verification requirements.

CHARGES AND PAYMENTS

1.All payments from Buyers made through the App shall be made via such payment processor as Walima ki Dawat may choose (“Payment Processor”) to Walima ki Dawat , who will remit to you:

18.1.1.the payments received from the Buyers in respect of the Order

18.1.2.less any fees charged by the Payment Processor; and

18.1.3.less our membership fees and other charges at the rate notified to you during the registration process within thirty (30) days of receipt of the applicable payment by Walima ki Dawat from the Payment Processor.

2.Where a buyer requests a refund, the Walima ki Dawat Cloud Kitchen /Walima ki Dawat shall comply with the Refund Policy set out in Section B or such other policy as the Walima ki Dawat Cloud Kitchen /Walima ki Dawat may notify the Buyers in writing. Where the Buyer is entitled to a refund under the Refund Policy, Walima ki Dawat shall refund the Sale Price less the membership & other fees to Walima ki Dawat immediately. Walima ki Dawat shall refund the Sale Price to the Buyers within 2-7 days of receipt of the Refund Money.

3.You shall pay all other fees and charges notified to you during the Walima ki Dawat Cloud Kitchen registration process . The Membership Fees shall be due and payable in accordance with the payment terms notified to you during registration. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.

ADDITIONAL EXCLUSION OF WARRANTIES

1.You acknowledge and agree that Walima ki Dawat only provides you with the facility to post and supply Meals to Buyers by providing you with the Online Walima ki Dawat Cloud Kitchen Services. Walima ki Dawat does not warrant, represent or guarantee that you will find any Buyers to deliver Meals to or achieve any specific results whatsoever.

2.You acknowledge and agree that using the Platform through the App may require registration as a business and a food hygiene & safety certificate. Your use and reliance on any information on the App shall be at your own risk and we shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. Walima ki Dawat shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the App.

3.You further agree that Walima ki Dawat does not vet or verify the identity of the Buyers posted on the App. Consequently, Walima ki Dawat does not warrant or guarantee:

19.3.1.the completeness, correctness and accuracy of any Buyers’ Profile

19.3.2.that any Orders made by Buyers are genuine

19.3.3.the identity of the Buyers using the App.

4.You further acknowledge that Walima ki Dawat has no control of and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Buyers on the App.

5.Walima ki Dawat provides the Online Home Food Services solely to connect you, the Walima ki Dawat Cloud Kitchen, with Buyers who may be seeking to Order Meals from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Buyers (including but not limited to the terms upon which you create and deliver Meals to Buyers). You, the Walima ki Dawat Cloud Kitchen, hereby indemnify Walima ki Dawat in full and on demand against all losses, damages, costs, claims and expenses that Walima ki Dawat incurs (including but not limited to such losses and damages incurred by Walima ki Dawat in respect of sickness, disease or death of any Buyers arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Meals provided to, Buyers.

THIRD-PARTY SERVICES AND CONTENT

We may display content, advertisements and promotions from third parties through our Services, in connection with delivery of the Meals or as part of the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Walima ki Dawat is not responsible or liable in any manner for such interactions or Third Party Content.

LIMITATION ON TIME TO COMMENCE ACTION, JURISDICTION AND ARBITRATION

You agree that any cause of action arising out of or related to these Terms and our Services must commence by you within one (1) year after the cause of action arose; otherwise, your ability to bring any case or cause or action against Walima ki Dawat shall be permanently barred. Nothing herein shall be deemed to limit the period during which Walima ki Dawat may bring any cause of action arising out of this Agreement against you. These Terms will be interpreted in accordance with the laws of …………….the and India , without regard to its conflict of law provisions. This Agreement shall inure to the benefit of each party and its successors, assigns and agents. Walima ki Dawat may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.

Binding Arbitration. Any dispute or claim between you and Walima ki Dawat, arising out of, or relating in any way to, the Terms, the Services, or your use of the Services (“Dispute”) shall be resolved exclusively by final, binding arbitration. By virtue of this Agreement you and Walima ki Dawat are each giving up the right to go to court and have any Dispute heard by a judge or jury.

The provisions of this Section shall constitute your and Walima ki Dawat's written agreement to arbitrate Disputes under the relevant Arbitration Act(“Agreement”). Any modification to this Agreement shall be in writing and signed by you and Walima ki Dawat. The arbitration will be administered by the Arbitrators appointed by the Walima ki Dawat management and conducted before a single arbitrator pursuant to the prevalent rules . The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. Payment of all filing, administration and arbitrator fees will be governed by the prevalent rules. All arbitrations are to be conducted in Jaipur , State of Rajasthan , India.

No Class Action Matters. You and Walima ki Dawat expressly agree that each shall bring any dispute, in any amount, against the other, in each other’s respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that all disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.