Thank you for using NOHUNG. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website (https://nohung.com/) and any related mobile or software applications (“NOHUNG Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms.
These Terms are effective for all existing and future Kitchen/s including but without limitation to Kitchen having access to NOHUNG Website to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the NOHUNG Platform, you are agreeing to these Terms and concluding a legally binding contract (Contract) with NOHUNG Limited
The platform is owned and operated by NOHUNG, a Company incorporated under the Companies Act of 2013 with CIN U74900TG2021PTC150014, PAN HYDN10474C and its registered office located at 301, 1, Sri Lakshmi Apartment, 90/2/2/A, near Image hospitals, Czech Colony, HITEC City, Hyderabad, Telangana 500081.
- Agreement is a reference to these Terms and Conditions.
- Authorities means authorities, officials, employees etc. working for, Government of India or any State Government in India or local body.
- Customer means any person who uses Website to place orders for Meal.
- E mail: Email means email@example.com.
- Kitchen means any entity engaged with business of providing Meal and listed on NOHUNG Website.
- Meal” means any combination of food and/or beverage transferred by kitchen to Customer via the Nohung
- Nohung means a Company incorporated under the Companies Act of 2013 with CIN U74900TG2021PTC150014, PAN HYDN10474C and its head office located at 301, 1, Sri Lakshmi Apartment, 90/2/2/A, near Image hospitals, Czech Colony, HITEC City, Hyderabad, Telangana 500081.
- Order” means the placement of an order by the Customer with the Kitchen for the purchase of any meal via the Platform.
- Service” or “Services” is a reference to any service which we may supply and which you may request via our website;
- Website is a reference to our Website https://nohung.com/ or our mobile applications on which we offer our Goods or Services.
- Agreement to terms and conditions.
- Agreement to terms and conditions. By:
- an order through any of the NOHUNG Platforms;
ii. clicking to agree to these Terms on a website; or
iii. signing an agreement that includes, links to, or incorporates this Agreement, the Kitchen accepts and agrees to this Terms.
- Preamble: NOHUNG enables transactions on its Platform between participating restaurants/Kitchen and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, and grocery stores.
- Obligations of Nohung :
- to work with Kitchen/s on a Meal menu;
- to send orders via email to the Kitchen or any other mutually agreed mode;
- to use reasonable efforts to make advise the Kitchen/s quickly of any changes to orders that have been confirmed;
- to send any payments to the kitchen via bank transfer with an order summary on mutually agreed basis
- Obligations of Kitchen: The following detailed service parameters are the responsibility of the Kitchen/s :
- to mutually agree with Nohung on “Meal” that includes Meal descriptions, Meal cost to Kitchen, and Meal pricing at the Restaurant’s physical location, all of which may be changed from time to time if mutually agreed upon by the parties;
- to work with Nohung to setup the ability to receive orders via email, website, or any other mutually agreed mode ;
- to ensure that the meals are of standard quality, fit for human consumption and fully compliant with food safety laws and other laws and regulations of India;
- to confirm the ability to fulfill orders by email at no later than twenty-four (24) hours following receipt;
- to notify Nohung immediately by email at if issues arise that will affect or delay the order fulfillment;
- to fulfill and have complete orders ready within 10- 15 minutes of pickup time indicated by Nohung
- to label and package all orders according to the Nohung Brand Guidelines
- To clearly label all menu items with their corresponding dietary restrictions
(gluten-free, vegetarian, vegan or dairy-free, etc.);
- to use commercially reasonable efforts to engage in environmentally friendly
Practices, including packaging all orders using compostable or high-grade Recyclable materials;
- to use commercially reasonable efforts to work with NOHUNG in the Cross-marketing and promotional activities.
- to inform NOHUNG in writing by email of any concerns or discrepancies in connection with an order summary no less than 30 days from the statement date of such order summary.
- Assignment: The Terms stipulated herein shall not be assigned by the Kitchen and the Kitchen shall not be entitled to delegate any of its duties stipulated in the Terms to a third-party, except with prior written consent of NOHUNG.
- Amendment: Nohung may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of NOHUNG Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
- Licenses: It shall be the responsibility of Kitchen/s to obtain, apply, procure, or renew any license as required by law example fssai license, GST Registration etc.
- Payment: The Payment shall be:
- Paid by Nohung to the Kitchen within 2 working days of the completion of order and;
- Paid by Nohung by depositing in the registered bank account of the Kitchen by any mode Nohung deems fit and;
- Paid in Indian Rupees only.
- Taxes: The Kitchen shall be responsible for paying of any taxes, charges, surcharges, levies on fees for its operational purposes. Nohung reserves the right to retain any taxes, charges, surcharges, levies, duty or fee payable on any Meal by the Customer.
- Platform Fee: Nohung shall not charge any platform fee to the Kitchen for displaying its goods, Meal etc. on its website. However, Nohung reserves the right to determine the content that may be displayed on its website.
- Refund/Retain: The Kitchen acknowledges that in case the order is cancelled for any reason, Nohung reserves the right to retain payment, seek refund from Kitchen if payment already made or deduct the equivalent payment from an order in future. The Kitchen shall refund the Payment to Nohung within 48 hours of receiving the request for the same by Nohung.
- Intellectual Property Rights: Nohung shall own and retain all right, title and interest to its intellectual property, whether registered or not, including patents, inventions (whether or not patentable), trademarks, trade names, service marks, copyrights, software, source code, and any registrations and applications for registration of any of the foregoing and confidential and proprietary information including trade secrets
- Ratings. Kitchen acknowledges and agrees that, after receiving Meal, a customer may be prompted by the Nohung to provide a rating of such Meal and, and, at such Customer’s option, to provide comments or feedback related to the Customer’s experience with Kitchen, the relevant Meal(s) on the Platform. Kitchen acknowledges that the Feedback given by the Customer on the Platform is personal opinion of the Customer and in no way can be attributed to Nohung. Nohung reserves the right to use, share, and display Customer Feedback in any manner in connection with the business of Nohung without attribution to or approval of Kitchen. Nohung reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other Personal Data, violate any privacy laws and regulations or other Applicable Laws, or violate Nohung’s policies.
- Confidentiality: The kitchen acknowledges that in the ordinary course of engagement with the Nohung, it will be exposed to confidential information about the business of the Nohung and that of its employees, suppliers and customers which amounts to a trade secret, is confidential or is commercially sensitive and which may not be readily and legally available to any 3rd parties engaged in a similar business to that of the Nohung or to the general public and over which, if disclosed, would be liable to cause significant harm to the company. The kitchen shall not, except as required by law or a court order, use the commercial confidential information for any purpose whatsoever.
- Jurisdiction: All the disputes shall be exclusively subject to jurisdiction of territorial limits of Hyderabad, Telangana, India.
- Dispute Resolution: In event of any dispute, difference or question arising out of or in relation to breach of the Agreement, the same shall be governed by procedure of Arbitration and Conciliation Act of 1996 and that the jurisdiction of the civil courts shall be barred.
- Governing Laws: These Terms shall be construed in accordance with laws of India only.
- Arbitration: Any dispute between Nohung and kitchen/s shall be exclusively subject to Arbitration under the Arbitration and Conciliation Act of 1996. The seat and venue of the arbitration shall exclusively be Hyderabad, Telangana, India.
- Liability: The Nohung shall not be liable for any actions or omissions by the Kitchen or its affiliates or subsidiaries including deficiency in service, wrong delivery or order, quality of food, time is taken to prepare or deliver the order. The Kitchen undertakes to bear sole and full responsibility for any claim before any court, forum or tribunal.
- Indemnification: The Kitchen shall indemnify Nohung against all losses and expenses arising out of any proceeding bought by Nohung or a third party arising out of Kitchen ‘s breach of its obligations, representations, warranties or covenants under this agreement.
- Cancellation of order: The kitchen must acknowledge that any cancellation or attempted or purported cancellation of an Order shall amount to a breach of Kitchen's unconditional and irrevocable authorization in favour of the Nohung to place that order against the kitchen on Customer’s behalf (“Authorization Breach”).
In the event the Kitchen commits an Authorization Breach, the kitchen shall be liable to pay the liquidated damages of an amount equivalent to the order Value. The User must undertake to authorize Nohung to deduct or collect the amount payable as liquidating damages through such means as Platform may determine in its discretion, including without limitation, by deducting such amount from the payment made towards User’s next order.
- Termination: Either party shall have the right to terminate all or any part of this Agreement by giving the other party seven ( 07 ) days written notice.
- Effect of Termination: If this Agreement is terminated, Nohung may invoice the Merchant for Services performed Up to the date of termination of the Agreement. Further, Nohung reserves the right to terminate the contract without notice in case Kitchen is found in or charged of noncompliance with any law or requirement by the authorities.
- Severability: The invalidity or unenforceability of one or more Terms contained herein shall not affect the validity or enforceability of the remaining Terms. Any such invalidated or unenforceable Term shall be deemed severed from the Agreement and the remainder of the Agreement shall continue to be in full force and effect.
Disclaimer: Nohung makes it clear that it is not either a manufacturer or a seller or distributor of food or beverages but only places an order against the Kitchen on behalf of the Customer pursuant to the aforesaid contract and facilitate the sale and purchase of food and beverages between the two, under the contract for sale and purchase of food and beverages. (Meal).