The Grub Factory Pvt. Ltd.
Terms and Conditions
This document constitutes an electronic record under the provisions of the Information Technology Act, 2000, and any applicable rules and amendments thereto concerning electronic records. It is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of rules, regulations, privacy policy, and Terms of Use for accessing or utilizing the www.thegrubfactory.asia website and the Grub Factory application for mobile and handheld devices.
These Terms of Use (“Terms”) govern your access to and use of our website www.thegrubfactory.asia (the “Website”) and our mobile and handheld device application known as “Grub Factory” (the “App”). Collectively, the Website and the App are referred to as the “Platform”. Please review these Terms carefully before utilizing the services provided. If you do not agree to these Terms, please refrain from using the services on the Platform and uninstall the App. By installing, downloading, or merely using the Platform, you are entering into a contract with Grub Factory, indicating your acceptance of these Terms of Use and other Grub Factory policies (including, but not limited to, the Cancellation & Refund Policy, Privacy Policy, and Take Down Policy) as posted on the Platform and amended periodically. These Terms take effect upon your download, installation, or use of the Platform, creating a legally binding agreement to adhere to the same.
The Platform is owned and operated by Grub Factory Pvt. Ltd, a private limited company incorporated under the Companies Act, 2063, with its registered office located at Dhumbarahi Marg, Kathmandu, Nepal. In these Terms of Use, the terms “you”, “user”, or “User” refer to any natural or legal person engaging in transactions on the Platform by providing registration data while registering as a user on the Platform using any computer systems. The terms “Grub Factory”, “we”, “us”, or “our” denote Grub Factory Private Limited.
Grub Factory facilitates transactions on its Platform between participating restaurants/merchants and buyers, involving (a) prepared food and beverages, (b) consumer goods, and (c) other products and services (“Platform Services”). Buyers (“Buyer/s”) can select and place orders (“Orders”) from a range of products and services listed and offered for sale by various merchants, including but not limited to restaurants, eateries, and grocery stores (“Merchant/s”), on the Platform. Furthermore, Buyers can also place Orders to complete certain tasks on the Platform (“Tasks”).
Grub Factory facilitates the delivery of such Orders or the completion of Tasks in select localities of serviceable cities across Nepal (“Delivery Services”) by connecting third-party service providers, namely pick-up and delivery partners (“PDPs”), who are responsible for providing pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services collectively constitute the “Services”. In both cases of Platform Services and Delivery Services, Grub Factory functions solely as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.
Pick-up and delivery partners (PDPs) are individual entrepreneurs who collaborate with Grub Factory on a voluntary, non-exclusive, and principal-to-principal basis to provide the aforementioned services for a service fee. PDPs operate as independent contractors and have the freedom to set their work schedules. Grub Factory does not exert control over PDPs, and the relationship between PDPs and Grub Factory is not that of an agent and principal or employer and employee.
For pick-up and delivery services and the completion of Tasks, PDPs may charge users of the Platform (Buyers or Merchants) a service fee (inclusive of applicable taxes unless expressly stated otherwise). This fee is determined based on various factors, including but not limited to the distance covered, time taken, demand for delivery services/Tasks, real-time analysis of traffic and weather conditions, seasonal peaks, or other parameters as determined from time to time.
Amendments:
These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Grub Factory policies at any time by posting modified documents on the Platform and notifying you accordingly. It is your responsibility to stay updated on any such changes by accessing the updated documents. You are encouraged to regularly review the Terms of Use and other Grub Factory policies and take note of any amendments made on the Platform. Your continued use of the Services after any changes are posted signifies your acceptance of the amended Terms of Use and other Grub Factory policies.
As long as you adhere to these Terms of Use, Grub Factory grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also agree to be bound by any other terms and conditions and Grub Factory policies (including, but not limited to, the Cancellation & Refund Policy, Privacy Policy, and Notice and Take Down Policy) that may be posted on the Platform from time to time.
Use of Platform and Services:
All commercial and contractual terms are solely offered by and agreed upon between Buyers and Merchants regarding the products and services provided by the Merchants. These terms include, but are not limited to, pricing, applicable taxes, shipping costs, payment terms, delivery dates, warranties, and after-sales services. Grub Factory does not exert any control over, determine, advise on, or involve itself in the offering or acceptance of such commercial and contractual terms between Buyers and Merchants. However, Grub Factory may provide support services to Merchants concerning order fulfillment, payment methods, payment collection, call center support, and other related services, as per independent contracts executed by Grub Factory with the Merchants. The pricing of products and services offered by Merchants is determined solely by the Merchants themselves, and Grub Factory plays no role whatsoever in this determination process.
Upon acceptance of any Order or Task by PDPs, the pick-up and delivery services or Task completion services (as applicable) undertaken by them constitute a separate contract for services between Merchants/Buyers and PDPs. Grub Factory is not responsible for the services provided by PDPs to Merchants/Buyers through the Platform. Nonetheless, Grub Factory may offer support services to PDPs regarding order fulfillment, payment collection, call center support, and other ancillary services, pursuant to independent contracts executed by Grub Factory with the PDPs.
Grub Factory does not provide any representation or warranty regarding the item specifics (such as legal title, creditworthiness, identity, etc.) of any Merchants. Users are advised to independently verify the credibility of any specific Merchant they choose to engage with on the Platform and exercise their best judgment accordingly. All Merchant offers and third-party offers are subject to the respective terms and conditions of the parties involved. Grub Factory assumes no responsibility for such offers.
Grub Factory makes no representation or warranty regarding the specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or purchased on the Platform, nor does it implicitly or explicitly endorse or support the sale or purchase of any products or services on the Platform. Grub Factory assumes no liability for any errors or omissions, whether on its own behalf or that of third parties.
Furthermore, Grub Factory does not provide any representation or warranty concerning any aspect of the services provided by PDPs through the Platform, including but not limited to pick-up and delivery services and Task completion services for Merchants or Buyers.
Grub Factory is not liable for any non-performance or breach of contract between Buyers and Merchants, or between Merchants/Buyers and PDPs on the Platform. Grub Factory cannot guarantee that transactions concluded on the Platform will be executed satisfactorily by the involved Buyers, Merchants, and PDPs. Additionally, Grub Factory is not responsible for unsatisfactory performance, damages, or delays resulting from products that are out of stock, unavailable, or back-ordered.
Operating as an online marketplace, Grub Factory acts solely as a facilitator and does not, at any point during transactions between Buyers and Merchants and/or Buyers and PDPs on the Platform, take possession of any products or services offered by Merchants or PDPs. Grub Factory holds no right, title, or interest over the products and assumes no obligations or liabilities regarding the contracts entered into between Buyers and Merchants and/or Buyers and PDPs.
Grub Factory functions solely as a platform for communication, and it is understood that the contract for the sale of any products or services shall be strictly between the Merchant and the Buyer. In the event of complaints from the Buyer regarding efficacy, quality, or any other issues, Grub Factory will notify the Merchant and redirect the Buyer to the consumer call center of the Merchant. The Merchant is responsible for addressing Buyer complaints. If you raise a complaint about any Merchant accessed through our Platform, we will assist you to the best of our abilities by providing relevant information, such as Merchant details and specific Order information, to facilitate satisfactory resolution of the complaint.
Similarly, Grub Factory only serves as a platform for communication with PDPs and does not provide any pick-up, delivery, or Task completion services in relation to Orders placed by Merchants/Buyers on the Platform. Grub Factory merely facilitates Delivery Services by connecting Merchants/Buyers with PDPs through the Platform. In the event of complaints by Merchants/Buyers regarding deficiencies or lapses in delivery services or Task completion services provided by PDPs, Grub Factory will notify the PDP and assist Merchants/Buyers to the best of its abilities to achieve a satisfactory resolution.
As with the previous scenario, Grub Factory operates solely as a platform for communication with PDPs and does not offer any pick-up, delivery, or Task completion services concerning Orders placed by Merchants/Buyers on the Platform. Grub Factory’s role is to facilitate Delivery Services by linking Merchants/Buyers with PDPs via the Platform. If complaints arise from Merchants/Buyers regarding deficiencies or lapses in delivery services or Task completion services provided by PDPs, Grub Factory will notify the PDP and provide assistance to Merchants/Buyers to achieve a satisfactory resolution.
Please be aware that there are inherent risks involved in dealing with underage persons or individuals acting under false pretenses.
Grub Factory – Use of the Website and Apps (Android and iOS)
You acknowledge and agree that your use of the Platform is subject to the following binding principles:
You shall refrain from hosting, displaying, uploading, downloading, modifying, publishing, transmitting, updating, or sharing any information that:
– Belongs to another person without proper authorization;
– Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, related to money laundering or gambling, or otherwise unlawful in any manner whatsoever
– Is misleading or misrepresentative in any way;
– Is blatantly offensive to the online community, including sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm against any group or individual;
– Harasses or advocates harassment of another person;
– Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
– Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
– Infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number), or rights of publicity.
– Promotes illegal or unauthorized copies of copyrighted works belonging to another person (please refer to the “copyright complaint” section below for instructions on how to file a complaint regarding uploaded copyrighted material). This includes activities such as providing pirated computer programs or links to them, offering information to circumvent manufacturer-installed copy-protection devices, or sharing pirated music or links to pirated music files;
– Contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
– Includes material that exploits individuals in a sexual, violent, or otherwise inappropriate manner, or solicits personal information from anyone;
– Provides instructional information about illegal activities such as the creation or acquisition of illegal weapons, invasion of someone’s privacy, or the development or distribution of computer viruses;
– Features videos, photographs, or images of another person (whether a minor or an adult) without their consent;
– Attempts to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform. This also includes soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
– Engages in commercial activities and/or sales without our prior written consent, including but not limited to contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of products related to the Platform. Grub Factory’s prior written consent refers to a communication from Grub Factory’s Legal Department, specifically addressing and permitting the activity or conduct for which you seek authorization;
– Solicits gambling or engages in any gambling activity that is or could be construed as illegal;
– Interferes with another user’s use and enjoyment of the Platform or any third party’s use and enjoyment of similar services;
– Refers to any website or URL that, in our sole discretion, contains material inappropriate for the Platform or any other website, or content that would be prohibited or violates the letter or spirit of these Terms of Use;
– Harms minors in any way;
– Infringes any patent, trademark, copyright, or other intellectual property rights or third party’s trade secrets, or rights of publicity or privacy, or involves the sale of fraudulent, counterfeit, or stolen products.
– Violates any law currently in force;
– Deceives or misleads the addressees/users about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
– Impersonates another person;
– Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information;
– Threatens the unity, integrity, defense, security, or sovereignty of Nepal, friendly relations with foreign states, or public order, or incites the commission of any criminal offense, or obstructs the investigation of any offense, or insults any other nation;
– Is false, inaccurate, or misleading;
You are prohibited from directly or indirectly offering, attempting to offer, trading, or attempting to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline currently in force. Additionally, you shall not engage in any activity that creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
Furthermore, you shall refrain from using any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process. This includes accessing, acquiring, copying, or monitoring any portion of the Platform or any Content. You are also prohibited from reproducing or circumventing the navigational structure or presentation of the Platform or any Content to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Platform. We reserve the right to prohibit any such activity.
You are prohibited from attempting to gain unauthorized access to any portion or feature of the Platform, or to any other systems or networks connected to the Platform. This includes any server, computer, network, or services offered on or through the Platform, by engaging in activities such as hacking, “password mining,” or any other illegitimate means.
Furthermore, you shall refrain from probing, scanning, or testing the vulnerability of the Platform or any network connected to it. You must not breach the security or authentication measures implemented on the Platform or any associated network. It is also forbidden to engage in activities such as reverse look-up, tracing, or seeking to trace any information on any other user or visitor of the Platform. This includes any account on the Platform that is not owned by you. You must not exploit the Platform or any service or information made available through it in any way that aims to reveal information other than your own, including personal identification or information.
Additionally, you shall not make any negative, denigrating, or defamatory statements or comments about us, our brand name, or domain name, including the name “Grub Factory.” Nor should you engage in any conduct or action that might tarnish the image or reputation of Grub Factory or its Merchants on the platform. This includes actions that could tarnish or dilute any of Grub Factory’s trade or service marks, trade names, and/or goodwill associated with such marks. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Grub Factory’s systems or networks, or any systems or networks connected to Grub Factory.
You agree to refrain from using any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Platform or any ongoing transaction conducted on it, as well as any other person’s use of the Platform.
Manipulating identifiers, such as forging headers, to conceal the origin of any message or transmission sent to us through the Platform, or any service provided on it, is strictly prohibited. You are also prohibited from misrepresenting yourself as someone else or impersonating any other individual or entity.
Furthermore, you may not utilize the Platform or any content available on it for any purpose that violates the law or contravenes these Terms of Use. This includes soliciting the performance of illegal activities or engaging in any other activity that infringes upon the rights of Grub Factory and/or others.
You must consistently adhere to the applicable provisions, as periodically amended, including (a) the Information Technology Act, 2000 and its associated regulations; (b) all relevant domestic laws, regulations, and statutes (including any prevailing exchange control laws or regulations); and (c) international laws, foreign exchange regulations, statutes, ordinances, and regulations (inclusive of sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) governing your utilization of our services and your engagement in listing, purchasing, soliciting offers to purchase, and selling products or services. You are prohibited from conducting any transaction involving an item or service prohibited by the provisions of any applicable law, including prevailing exchange control laws or regulations.
To enable us to utilize the information provided by you without infringing upon your rights or contravening any laws, you consent to granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (across multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights you possess in your Information, in any media presently known or unknown, with respect to your Information. We pledge to utilize your information solely in accordance with these Terms of Use and the Privacy Policy applicable to the use of the Platform.
You are responsible for periodically providing accurate information concerning the products or services you intend to sell. In doing so, you affirm that all such information will be accurate in every aspect. You must refrain from exaggerating or overstating the attributes of such products or services to mislead other users in any manner.
You are prohibited from engaging in advertising or solicitation to other users of the Platform to buy or sell any products or services, including those related to those displayed on the Platform or related to us. This includes transmitting chain letters or unsolicited commercial or junk email to other users via the Platform. Any use of information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person without our prior explicit consent, violates these Terms of Use.
To safeguard our users from such advertising or solicitation, we reserve the right to limit the number of messages or emails a user may send to other users within any 24-hour period, as we deem appropriate in our sole discretion. You acknowledge that we retain the right at all times to disclose any information, including the identity of persons providing information or materials on the Platform, as necessary to comply with any law, regulation, or valid governmental request. This may involve disclosing information in connection with the investigation of alleged illegal activity, solicitation of illegal activity, or in response to a lawful court order or subpoena.
Moreover, we reserve the right to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, particularly those involving personal injury.
We reserve the right, without obligation, to monitor the materials posted on the Platform. Grub Factory retains the right to remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or the spirit or letter of these Terms of Use. However, it’s important to note that YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be aware that such Content posted does not necessarily reflect the views of Grub Factory. In no event shall Grub Factory assume or bear any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Platform.
By posting any Content, you represent and warrant that you possess all necessary rights in and to all Content you provide and all information it contains. Furthermore, you affirm that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your interactions with advertisers found on or through the Platform, including any transactions, payments, and delivery of products or services, are solely between you and the advertiser. Grub Factory bears no responsibility or liability for any loss or damage incurred as a result of such dealings or the presence of advertisers on the Platform.
It’s possible that other users, including unauthorized individuals or hackers, may post offensive or obscene materials on the Platform, exposing you to such content involuntarily. Additionally, others may obtain your personal information through your use of the Platform, potentially leading to harassment or harm. While we disapprove of such unauthorized uses, you acknowledge and agree that we are not responsible for the use of any personal information you publicly disclose or share with others on the Platform. Therefore, please exercise caution and discretion when sharing information on the Platform.
Grub Factory reserves the right to take necessary action and seek damages resulting from your involvement or participation, whether intentional or unintentional, in activities such as DoS/DDoS attacks, hacking, or penetration testing attempts without our prior consent or a mutual legal agreement.
Account Registration
You can access the Platform in three ways: by registering to create a Grub Factory Account and becoming a member, or by logging into your account using certain third-party social networking sites (SNS), such as Facebook. Each account created, whether directly with us or through an SNS, is subject to specific terms and conditions and is non-transferable. Membership is limited in scope and is strictly non-transferable.
As part of the Platform’s functionality, you can link your Grub Factory Account with Third Party Accounts in two ways: either by providing your Third Party Account login information directly through the Platform, or by allowing us access to your Third Party Account as permitted by the terms and conditions governing its use.
By linking your Third Party Account with Grub Factory, you confirm that you have the right to disclose your login information or grant us access to your Third Party Account without violating any terms and conditions set by the Third Party Account provider. This action does not incur any fees or usage limitations imposed by the third-party service providers on us.
By allowing us access to any Third Party Accounts, you acknowledge that we will retrieve, access, and store (if applicable) any content or information you have shared or stored in your Third Party Account (“SNS Content”), making it accessible on and through the Platform via your Grub Factory Account.
Unless explicitly stated otherwise in these Terms of Use, all SNS Content, if any, will be treated as your own content for all intents and purposes of these Terms of Use.
Depending on the Third Party Accounts you link, and subject to the privacy settings you have configured within those accounts, personally identifiable information you post on your Third Party Accounts may be accessible through your Grub Factory Account on the Platform.
Please be aware that if a Third Party Account becomes unavailable or our access to it is terminated by the third-party service provider, the corresponding SNS Content will no longer be accessible on or through the Platform.
Your Grub Factory Account will be created based on the personal information you provide to us directly or that we retrieve through SNS, as described above. You are allowed only one Grub Factory Account and are prohibited from creating multiple accounts. Grub Factory reserves the right to suspend multiple accounts without any liability for compensation if you create them on the Platform.
You are required to provide accurate, up-to-date, and complete information during the registration process and to ensure that it remains accurate, up-to-date, and complete by updating it as necessary.
We retain the right to suspend or terminate your Grub Factory Account and your access to the Services if: (i) any information provided during registration or thereafter is found to be inaccurate, outdated, or incomplete; (ii) your actions are deemed to pose legal liability for you, other users, or us; and/or (iii) you are found to be in violation of the Terms of Use or other Grub Factory policies.
It is your responsibility to protect your password. You agree not to share your password with any third party and acknowledge that you are solely responsible for any activities or actions undertaken using your Grub Factory Account, regardless of whether you have authorized them. Promptly inform us of any unauthorized use of your Grub Factory Account.
Goods and services purchased from the Platform are intended for personal use only. By making purchases, you confirm that they are not for resale, and you are not acting as an agent for other parties.
Order Booking and Financial Terms
The Platform enables Buyers to place Orders, which, upon acceptance by the Merchants, Grub Factory facilitates the delivery of goods or services, or completion of Tasks through PDPs, subject to the terms and conditions outlined herein.
Grub Factory neither owns nor directly sells the products offered by the Merchants, nor does it exert control over the Merchants or the associated services. Buyers acknowledge that any Order they place is subject to the terms and conditions detailed in these Terms of Use, including but not limited to product availability, delivery location serviceability, and the acceptance of Orders by Merchants or PDPs.
As a general practice, all Orders made on the Platform and Delivery Services are considered confirmed.
Upon successful completion of booking an Order, Grub Factory may contact the Buyer via telephone or mobile number provided to confirm Order details, including price and estimated delivery time. Buyer will need to share certain information with us, such as (i) first and last name, (ii) mobile number, and (iii) email address. It is the Buyer’s responsibility to ensure the accuracy of this information.
Furthermore, we may contact you via phone or email to notify and confirm any changes to the Order, such as availability, unavailability, or price adjustments as communicated by the Merchant. Please note that any changes or confirmations to the Order are considered final. Grub Factory reserves the right not to process the Buyer’s Order if the Buyer, Merchant, or PDP is unavailable for confirmation. In such cases, the provisions of the Cancellation and Refund Policy shall apply.
All payments made for Orders or Services on the Platform must be in Nepalese Rupees, the only currency accepted in Nepal. The Platform does not support transactions in any other currency. You can make payments using (i) credit cards, debit cards, or net banking; (ii) any other RBI-approved payment method available at the time of Order placement; or (iii) credit/debit cards or cash upon delivery.
It’s important to understand that Grub Factory’s payment facility is not a banking or financial service but merely a facilitator for electronic transactions. It provides an automated online payment system, as well as payment on delivery, collection, and remittance services using existing authorized banking infrastructure and credit card payment gateway networks. Grub Factory does not act as a trustee or in a fiduciary capacity regarding the transaction or the transaction price.
Buyers acknowledge and agree that Grub Factory serves as the payment agent for Merchants and PDPs, facilitating the acceptance of payments from Buyers/Merchants on behalf of the respective Merchant or PDP. When you make payments to us for amounts owed to the Merchant or PDP, your payment obligation to them is fulfilled, and we are responsible for remitting those amounts to the Merchant or PDP. It is strictly prohibited to make any payments directly to the Merchant for Order bookings or to the PDP for Order delivery or Task completion facilitated through the Platform.
Buyers agree to pay the total amount for Orders placed on the Platform. Grub Factory will collect the total amount according to these Terms of Use and the pricing terms specified in the relevant product or restaurant service listing for the particular Merchant, in addition to any applicable delivery fees for Delivery Services. Please be aware that we cannot control any fees charged by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
When placing an Order, Buyers will be prompted to provide standard billing details such as name, billing address, and credit card information, either directly to us or through our third-party payment processor. By placing an Order on the Platform, Buyers agree to settle the amount owed to us for the Order in accordance with these Terms, utilizing the payment methods outlined in clause VIII (6) above. Buyers hereby authorize the collection of these amounts by charging the credit card provided during the booking process, either directly by us or indirectly through a third-party online payment processor, or by utilizing one of the payment methods specified on the Platform. If directed to our third-party payment processor, Buyers may be subject to that third party’s terms and conditions governing the use of their service and their personal information handling practices. It is advisable to review such terms and conditions and privacy policy before utilizing the Platform services. Upon confirmation of the Order, Buyers will receive a confirmation email outlining the details of the confirmed booking.
The final tax bill will be provided by the Merchant and, if registered for tax purposes, by the PDP directly to the Buyer alongside the Order. Grub Factory acts solely as a payment collector on behalf of the Merchant and PDP in this regard. The determination of all applicable taxes and levies, including their rates and how they are applied to the bill, is the responsibility of the Merchant and PDP. Grub Factory bears no responsibility for the legal accuracy or validity of the taxation. Any legal issues arising from taxation shall be the sole responsibility of the Merchant and the PDP.
The prices displayed on the Platform, which may include packaging or handling charges, are set exclusively by the Merchant based on their own information. In rare instances, prices may change at the time of placing an Order if the Merchant alters the menu prices without prior notification. Such price changes are entirely at the discretion of the Merchant and may be influenced by various factors beyond their control.
To ensure the continual improvement and seamless operation of our platform, we may implement regular maintenance and upkeep. As part of this process, we may charge a nominal non-refundable fee from you, the Buyer, known as “platform fees.”
Disclaimer: Prices displayed for any product(s) on the Platform may occasionally be incorrect due to technical issues, typographical errors, or inaccuracies in the product information provided by the Merchant. In such cases, the Merchant reserves the right to cancel the Buyer’s Order(s).
The Merchant holds sole responsibility for providing any warranties or guarantees for the goods or services sold to Buyers. Grub Factory assumes no responsibility in this regard.
Transactions on our platform are bilateral agreements between the Merchant and the Buyer, and between the Merchant/Buyer and the PDP. Therefore, Grub Factory is not liable to charge or remit any taxes applicable to such transactions.
Cancellations and Refunds
Please refer to our Cancellation and Refund Policy for details regarding cancellation and refund terms when utilizing our platform to access services.
Terms of Service
The Buyer acknowledges and agrees that Grub Factory shall not be held responsible for:
– The quality of services or goods provided by the Merchants, including but not limited to the suitability of food Orders to meet your preferences and taste.
– Any dissatisfaction with the services or goods provided by the Merchants, or services rendered by PDPs, which may result in loss, harm, or damage to the Buyer.
– The availability or unavailability of specific items on the menu offered by the Merchant.
– Instances where the Merchant serves incorrect Orders.
– Product liability associated with goods provided by the Merchants.
The details of the menu and price list provided on the Platform for restaurant services, goods, or any other services are based on information provided by the Merchants. Grub Factory assumes no responsibility for any changes, cancellations, or unavailability.
Buyers and Merchants acknowledge that Grub Factory bears no liability for delivery services provided by PDPs.
Buyers may find that they are unable to access Services if their delivery location falls outside Grub Factory’s current service area. Grub Factory will notify the Buyer accordingly upon confirming their Order booking.
Buyers should note that the delivery time quoted during Order confirmation is an approximate estimate and may vary based on information obtained from PDPs and Merchants. Grub Factory disclaims responsibility for any delays in Order delivery.
Buyer acknowledges that certain Merchants offer delivery services for their goods and services, and may charge the Buyer accordingly. Grub Factory has no control over these delivery services, which are solely managed by the Merchant. Any disputes arising from such delivery services are to be resolved directly between the Buyer and the Merchant. Grub Factory assumes no responsibility and bears no liability for such delivery services.
Buyer’s Order will be delivered only to the address specified by the Buyer during the Order placement on the Platform. Any change in the delivery address reported by the PDP will result in Order cancellation, with no entitlement to refund for the Buyer. Delivery to an alternative location is subject to acceptance by the PDP or at the sole discretion of Grub Factory.
The Buyer is responsible for providing accurate directions, information, and authorizations to accept delivery. If delivery fails due to the Buyer’s actions or inactions, the goods or services will be deemed delivered to the Buyer, with all associated risks and responsibilities passing to the Buyer without eligibility for a refund.
Buyer understands that Grub Factory’s (including Merchant’s and PDP’s) liability ceases upon successful delivery of the Order, except in cases where the Merchant’s product liability applies.
Services provided:
You acknowledge and agree that Grub Factory shall not be held liable for any damages, losses, or claims incurred by you or any third party due to your failure to comply with the Terms of Use.
When making payments on the Platform, Buyer must provide credit or debit card details to approved payment gateways. Buyer warrants the accuracy and legality of the provided credit/debit card details, ensuring they are lawfully owned. Buyer shall not utilize credit/debit cards belonging to others.
Information provided by the Buyer will only be shared for fraud verifications or when required by law, regulation, or court order. Buyer is solely responsible for the security and confidentiality of their credit/debit card details. We absolve ourselves of any liability arising from unauthorized use of your credit/debit card.
Grub Factory does not provide refunds for goods or services purchased from a Merchant or PDP through the Platform, except in cases where an error directly attributable to Grub Factory occurs during the purchase.
We are committed to providing accurate information on the Platform, but in the rare event of an error, we reserve the right to contact you with further instructions at our discretion.
Your use of the Platform is undertaken at your own risk.
Buyer acknowledges and agrees that the Services will be available through the Platform only during the operating hours of the relevant Merchants and PDPs.
No Endorsement
We do not endorse any specific Merchant. While these Terms of Use require you to provide accurate information, we do not verify the purported identity of any Member. We cannot be held responsible for any damage or harm resulting from your interactions with other Members.
By utilizing the Services, you acknowledge that any legal action or liability you seek to pursue for actions or omissions of other Members, or third parties will be limited to those specific individuals who caused you harm. You agree not to hold us liable or seek legal recourse against us for such actions or omissions.
For specific terms regarding the use of the Platform for purchasing Pharmaceutical Products:
Buyers have the option to utilize the Platform for purchasing various medicines and pharmaceutical products from registered pharmacy stores, including Prescription Drugs. These medications necessitate a valid medical prescription issued by a qualified medical professional. To proceed with purchasing Prescription Drugs through the Platform, the Buyer must upload a scanned copy of the valid prescription.
The Order will only be processed by the Merchant once a valid prescription copy is uploaded on the Platform, which will subsequently be shared with the Merchant for verification. If any discrepancies are noted by the Merchant in the uploaded prescription, the Order may be rejected. Additionally, the Buyer must ensure the original prescription is available during the delivery of the Prescription Drugs.
During the delivery process, the Buyer is required to allow the delivery personnel to stamp the original prescription. Failure to provide the original prescription for stamping may result in the medications not being delivered.
Buyers acknowledge and accept that Grub Factory’s Platform serves solely as a technological intermediary, and the sale of medicines and pharmaceutical products is facilitated by the Merchant. Grub Factory shall not be held liable for any errors, omissions, or actions committed by the Merchant.
Buyers further agree not to reuse prescriptions for which drugs have already been dispensed. Any attempt to repeat the use of a prescription will result in immediate cancellation of the Order. Grub Factory bears no responsibility for any adverse effects or harm resulting from such actions.
Buyers confirm their full awareness of the indications, side effects, drug interactions, effects of missed doses, or overdose of the medicines ordered through the Platform. It is crucial to seek professional advice from a medical practitioner before purchasing or consuming any medicine.
The Merchant or Grub Factory may maintain a record of the prescriptions uploaded by the Buyers for reference purposes.
For cancellation and refund terms related to the usage of the Platform for availing Services, please consult the Cancellation and Refund Policy.
Specific Terms Regarding the Purchase of Cigarettes and Other Tobacco Products
Buyer acknowledges and agrees not to utilize the Platform for the purchase of cigarettes and other tobacco products if they are under the age of 18 years.
Upon delivery of cigarettes and/or other tobacco products, the PDP may request the Buyer to provide a valid age proof. Buyer agrees to furnish a valid age proof if requested for verification. If the Buyer is below the age of 18 years, the PDP shall cancel the Order. Additionally, Buyer shall refrain from placing Orders for loose cigarettes.
For details regarding cancellation and refund terms concerning the usage of the Platform for availing Services, please consult the Cancellation and Refund Policy.
Specific Terms Regarding the Purchase of Alcoholic Beverages
Eligibility to Utilize the Wine Shop Category on the Platform: By accessing the Wine Shop category on the Platform, the Buyer affirms that they are of legal drinking age in their state of domicile and/or where they are accessing the Platform. The Buyer further warrants that they have not been previously suspended or prohibited from accessing or otherwise availing the Services of the Platform.
Mandatory Age Verification and Know Your Customer (KYC) Process: The Buyer acknowledges and agrees to undergo a mandatory age and KYC verification process to access the Platform. It is incumbent upon the Buyer to furnish a valid and legible KYC document for verification purposes. Failure to provide such documentation will result in the Buyer being denied access to the Platform. The Buyer assumes sole liability for the accuracy of the KYC documents provided, and Grub Factory disclaims any liability in this regard. The collection of Buyer’s details and documents for verification shall be subject to our Privacy Policy.
One-Time Password (OTP) Requirement Upon Delivery: Upon placing an Order for alcoholic beverages, the Buyer will receive an OTP on their registered mobile number. The Buyer must furnish this OTP to the PDP during delivery to receive the Order of alcoholic beverages. Failure to provide the OTP to the PDP will result in cancellation of the Buyer’s Order without refund, and the products will not be delivered. The Buyer agrees not to share the OTP with any individual below the legal drinking age to collect delivery of their Order of alcoholic beverages.
Delivery Address Restrictions: The Buyer agrees and acknowledges that they shall not designate any public place, including but not limited to educational institutions, hospitals, or religious establishments, as the delivery address for their Order. Should the delivery address be identified as a public place, Grub Factory retains the right to promptly cancel the Order without any obligation to issue a refund.
For information regarding cancellation and refund terms pertaining to the use of the Platform for availing Services, please consult the Cancellation and Refund Policy.
Pick-up and Drop-off Services: The pick-up and drop-off services are exclusively offered and agreed upon by the Users and the PDP. Grub Factory functions solely as a facilitator, providing a Platform to streamline pick-up and drop-off services between Users and PDPs. Grub Factory assumes no responsibility or liability for any transactions or services rendered between Users and PDPs.
User-PDP Transactions: At no juncture does Grub Factory hold responsibility for, or involvement in, transactions between Users and PDPs. Grub Factory acts purely as a facilitator, offering a Platform for the coordination of pick-up and drop-off services.
Service Rendering by PDPs: The PDPs will render services strictly based on your instructions. Grub Factory does not exert control, offer advice, or participate in the decision-making process regarding the provision or acceptance of services by the PDPs.
User Responsibility: You acknowledge that the details of the items for pick-up and drop-off or concierge services, along with the pick-up and drop-off location, are provided or entered by you on the Platform. It is based on this information that the PDP will carry out the services and tasks. Grub Factory bears no responsibility for any issues related to the Task, as it is performed by the PDP according to your instructions and the details provided by you.
You agree and undertake not to request pick-up or drop-off of any items that are illegal, hazardous, dangerous, or otherwise restricted or prohibited under any statute, law, or regulation for transportation. This includes, but is not limited to, items classified as hazardous material, dangerous goods, or prohibited or restricted articles by organizations such as IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil Aviation Security), or other government or regulatory agencies.
Prohibited items include, but are not limited to, radio-active, incendiary, corrosive, or flammable substances, hazardous chemicals, explosives, firearms or parts thereof, ammunition, firecrackers, cyanides, precious metals and stones, currency of any nationality, securities, negotiable instruments in bearer form, antiques, works of art, lottery tickets, crockeries, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, hazardous or bio-medical waste, pornographic materials, perishable foodstuffs, fragile glassware, contraband, bottled alcoholic beverages or any intoxicant, infectious items, narcotics, and psychotropic substances.
Furthermore, you agree not to request pick-up or drop-off of items that require special transportation permits or licenses under applicable law, or items that exceed dimensions of 14*14 inches and weight beyond 12 kgs.
In the event that you request transportation of any illegal, unlawful, or prohibited items as mentioned above, or items otherwise restricted under applicable law, Grub Factory reserves the right to report such instances to law enforcement authorities.
During the transit of your items from the pick-up location to the drop-off location, or while undertaking concierge services, if police or other law enforcement agencies demand verification of the items, the PDP shall have the right to display the items to such authorities.
You agree and undertake to refrain from sending high-value items while using the Services through the Platform. If you choose to send any high-value items, it will be at your own risk, and Grub Factory shall not be held responsible for any loss or damage caused to such items. It is your sole responsibility to insure the items to cover the risk of loss or damage during transit, and Grub Factory shall not be liable for any such incidents.
Grub Factory and the PDP reserve the right to deny the performance of tasks where it is not possible for the PDP to transfer the items from the pick-up location to the drop-off location due to the large volume of the items.
You acknowledge and agree that the recipient of the item(s) must be available at the drop-off location at the communicated time for delivery. If the recipient is unavailable, refuses delivery, or cannot be located by the PDP, you will receive a notification via the app, SMS, and/or phone call (“Non-acceptance Message”). Upon receipt of the Non-acceptance Message, it is your responsibility to arrange for re-delivery of the item(s) to your location, at an additional cost communicated by Grub Factory.
If you refuse to pay for the re-transportation or re-delivery of the item(s) for which a Non-acceptance Message has been sent, you authorize Grub Factory and/or the PDP to retain the item(s) until payment is received. Failure to arrange for re-delivery within a reasonable time, especially for perishable or time-sensitive goods, constitutes a waiver of your claims to the item(s). You declare that Grub Factory or the PDP shall not be liable for any loss or damage to the item(s), whether direct or indirect, in such circumstances.
Please refer to the Cancellation and Refund Policy for terms regarding cancellation and refunds related to the use of the Platform for availing services.
Offers & benefits.
Depending on your city or place of residence, you may have access to specific Offers provided by Grub Factory and its partner Restaurants. To benefit from these Offers, it’s essential to adhere to all terms and conditions set forth by Grub Factory and the respective Restaurant partner. These Offers are subject to additional terms and conditions, including details and validity, which may be updated periodically. Therefore, it’s your responsibility to carefully review the terms and conditions associated with each Offer before availing them.
Grub Factory periodically conducts marketing and promotional campaigns, offering various Offers and promotional deals on the Platforms. These Offers may not be combinable with other promotions, discounts, or vouchers, unless stated otherwise. Additional terms and conditions may apply to these Offers.
Unless explicitly stated otherwise, Offers can only be redeemed through our Platforms.
Offers & discounts cannot be combined with any other discounts or promotions offered by the Restaurant, including but not limited to credit card promotions, senior citizen discounts, kids’ meals discounts, pre-discounted set meals, or any other ongoing promotions.
Grub Factory reserves the right to void, discontinue, or reject the use of any Offer without prior notice to the User.
Certain Restaurants may be excluded from the use of Offers at any time without prior notice.
The Offers:
– Can be redeemed at selected Restaurants only, and the list of eligible Restaurants may be updated periodically.
– May be changed or added over time. Users are advised to review the Offer terms and conditions provided by Grub Factory and/or the Restaurant before placing their order.
– Cannot be exchanged for cash.
– Are not valid for take away or delivery.
– Can only be availed in selected cities or authorized Restaurants.
– Can only be availed by Users who have subscribed to Grub Factory DineOut Services.
Payment:
Upon ordering meals or beverages from the relevant Restaurants, Users must make payments using the various payment mechanisms available on the Platform, in accordance with the Invoiced Amount raised by the Restaurants.
The User shall be responsible for any additional charges and applicable taxes associated with the transaction.
After completing the payment of the Net Amount through the Platform, you will need to present the payment confirmation to the Restaurant’s authorized personnel or at the relevant billing counter.
Other terms and conditions
Communication from Grub Factory: When you utilize our Platform and/or DineOut Services, Grub Factory may contact you through electronic means, such as email, text message/SMS, or mobile push notifications, as outlined in our privacy policy.
Personal Information: In order to access the DineOut Services, users are required to provide certain personal details to Grub Factory and/or the Restaurant, including but not limited to their name, phone number, and email address. By doing so, users authorize Grub Factory to share this personal information with the Restaurant for the purpose of confirming the user’s booking and/or facilitating other communications related to the DineOut Services or any promotions offered by the Restaurant. Grub Factory will handle these details in accordance with the Privacy Policy available here.
Technical Requirements: To utilize the DineOut Services, you must have access to the Internet via your mobile device. Any charges incurred from your mobile carrier for data usage or text messages related to the DineOut Services are your responsibility. To utilize text message-based services, you must maintain an active account with a carrier that supports electronic communications via mobile devices. Prepaid cellular phones may not be used to access text message services. Grub Factory cannot guarantee that the DineOut Services will be compatible with all devices or supported by all mobile carriers.
Modifications of DineOut Services: Grub Factory reserves the right to modify the DineOut Services at its discretion, without prior notice. This includes adding, removing, or modifying features of the DineOut Services, these T&C, or the participating Restaurants. Grub Factory bears no liability for such changes. If you disagree with any modifications, your only option is to discontinue using the DineOut Services. Continued use of the DineOut Services after such modifications indicates your acceptance of the changes and satisfaction with the Services.
Intellectual Property Rights and Grant of Rights to User: The features, information, and materials available through the DineOut Services are protected by various intellectual property laws, including copyright, trademark, and patent laws. All content provided through the DineOut Services, such as text, graphics, videos, and data (referred to as the Grub Factory Content), is made available to the User solely for the purpose of using the DineOut Services as permitted. Grub Factory or its partners or licensors own the Grub Factory Content, and it may be modified by Grub Factory at its discretion. Except as explicitly stated, no license is granted to the User for any other purpose, and any unauthorized use of the DineOut Services or Grub Factory Content constitutes a breach of this T&C. Grub Factory and its partners (including Restaurants) or licensors retain all rights to the DineOut Services and Grub Factory Content, including patents, trademarks, copyrights, trade secrets, and other intellectual property rights. This T&C does not grant any license, right, or interest in any trademarks owned by Grub Factory or third parties.
Applicability of other Grub Factory Policies: You agree that this T&C should be read together with other terms and conditions outlined in the Grub Factory Policies at all times.
Termination: Grub Factory reserves the right to suspend your access to any part or all of the DineOut Services, or to terminate this agreement immediately and without prior notice or explanation. This termination may occur if we believe you have violated any provision of this T&C, including any of the Grub Factory Policies. Following a suspension or termination, you may or may not be allowed to resume using the DineOut Services or to create a new Account. You acknowledge that Grub Factory will not be liable to you for any suspension or termination of this agreement, or for any consequences resulting from such actions. You retain the option to cease using the DineOut Services at any time. Furthermore, you understand that termination of your Account may result in the deletion of any content stored within it, for which Grub Factory assumes no liability whatsoever.
Liability Limitations: Except as expressly specified herein, Grub Factory shall not be liable for any injuries, losses, claims, or direct damages, or for any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages. Such damages may arise out of or be in any way connected with (1) this T&C (including any changes thereto), (2) any use of the Grub Factory Platform, DineOut Services, the Grub Factory Content, or the User Content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the Services), or (4) your visit to any restaurant or the performance, non-performance, conduct, or policies of any restaurant or merchant in connection with the Services.
Additionally, you specifically understand and agree that any third party directing you to the Grub Factory site by referral, link, or any other means is not liable to you for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the Services or the Grub Factory Content. Grub Factory is neither an agent of nor otherwise associated with any restaurant for which a user has made a reservation, claimed an offer or promotion, or paid a bill using the payment services.
If the disclaimer of direct damages above is not enforceable at law, except as otherwise expressly set forth in the Grub Factory Policies, you expressly agree that our liability to you (for any cause whatsoever and regardless of the form of the action) will not exceed the last fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your Grub Factory DineOut Services.
These T&C are concurrent with and incorporate all other Grub Factory Policies listed on their Platform. Therefore, all terms and conditions stated previously shall apply to this Grub Factory DineOut Services without the need for explicit repetition herein.
Both you and Grub Factory acknowledge that the disclaimers, exclusions, and limitations mentioned above are integral parts of this T&C and constitute a reasonable distribution of risk. Specifically, you acknowledge that Grub Factory would be unable to offer the DineOut Services to you except on these terms and agree that this T&C will remain in effect and applicable even if any limited remedy specified herein is deemed to have failed in its essential purpose.
Warranty Disclaimer: YOUR USE OF THE DINEOUT SERVICES IS UNDERTAKEN AT YOUR OWN RISK, AND GRUB FACTORY CANNOT GUARANTEE THAT THE DINEOUT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE DINEOUT SERVICES, ALL GRUB FACTORY CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE DINEOUT SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. GRUB FACTORY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. GRUB FACTORY DOES NOT WARRANT THAT YOUR USE OF THE DINEOUT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT GRUB FACTORY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE DINEOUT SERVICES FOR ACCURACY, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. GRUB FACTORY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF GRUB FACTORY. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Applicable Law & Dispute Resolution: These Terms and Conditions shall be governed by and construed in accordance with the laws of Nepal. Any dispute arising out of or related to the DineOut Services or Grub Factory DineOut Services shall be subject to the exclusive jurisdiction of the courts of Kathmandu.
Third-Party Websites, Applications, and Services: The DineOut Services may include hypertext links to websites and applications operated by parties other than Grub Factory, including onboarded Restaurants. These links are provided for your convenience and reference only. Grub Factory does not control these websites and is not responsible for their content. The inclusion of any such links does not imply endorsement by Grub Factory of the material on those websites or applications or any association with their operators. Grub Factory assumes no liability for any third-party websites, applications, or the content, features, products, or services available through them.
Release:Restaurants are solely responsible for their interactions with you, and any claims, injuries, illnesses, damages, liabilities, and costs (collectively, “Claims”) arising from your interaction with or visit to any Restaurant or merchant, or from any promotion, offer, product, or service of any Restaurant or Merchant. Users must address all disputes directly with Restaurants. To the fullest extent permitted by applicable law, you hereby release Grub Factory from any and all such Claims.
Severability: If any provision or portion thereof of this Agreement is found to be invalid under any applicable statute or rule of law, the remaining provisions of this Agreement shall remain in full force and effect. The invalid provision shall be deemed omitted, and the Agreement shall be interpreted to give effect to the parties’ intentions as closely as possible.
Assignment: This Agreement and the rights and obligations hereunder may not be transferred, assigned, or delegated by the User. However, Grub Factory may freely transfer, assign, or delegate its rights and obligations under this Agreement.
Waiver: Any waiver of any provision of this Agreement or delay in enforcing any right hereunder shall not be construed as a continuing waiver or create an expectation of non-enforcement. Each waiver shall be considered on a case-by-case basis and shall not affect the validity or enforceability of any other provision or right.
General:
Persons who are deemed “incompetent to contract” as per the Nepali Contract Act, 1872, including minors and undischarged insolvents, are not permitted to use the Platform. Only individuals who are 18 years of age or older are eligible to access the Platform and avail of its Services. If you are under 18 years of age and wish to download, install, access, or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Failure of your parents or legal guardian to agree to these terms requires you to discontinue use immediately. Grub Factory reserves the right to terminate your Membership and/or deny access to the platform if it becomes aware that you are under 18 years of age.
Upon choosing to use the Platform, you assume responsibility for safeguarding your user identification code, password, and any other provided information as part of our security procedures, ensuring their confidentiality and refraining from disclosing them to any third party. We retain the sole discretion to disable any user identification code or password in cases of non-compliance with these Terms of Use.
Our services are provided within select cities in Nepal, and we have adhered to applicable Nepali laws in offering the Platform and its content. Accessing the Platform from outside Nepal or our delivery zones is done entirely at your own risk. We make no representations regarding the availability or suitability of the Platform and its contents outside select cities. Should you choose to access or use the Platform from locations outside select cities, you do so at your own risk and are responsible for ensuring compliance with all applicable laws, regulations, and guidelines.
You are responsible for the use of the Services through your computer or mobile device and for ensuring that all persons accessing the Platform on your behalf are aware of and comply with these Terms of Use and Grub Factory policies.
You understand and agree that the Services do not include the provision of a computer, mobile device, or any other necessary equipment for access. You acknowledge that accessing the Platform requires internet connectivity and telecommunication links. Any costs incurred to access and utilize the Platform and its Services are your responsibility, and we shall not be liable for such costs under any circumstances.
By using the Platform, you grant permission to Grub Factory to send promotional SMS and emails, including those from allied partners. If you prefer not to receive promotional messages, please email support@thegrubfactory.asia to opt out.
Additionally, by using the Platform, you represent and warrant that:
– All registration information provided is truthful, lawful, and accurate, and you agree to maintain its accuracy.
– Your use of the Platform is solely for personal purposes, and you will not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including email messages, and for your interactions with other users.
– You will abide by all applicable local, state, national, and foreign laws, treaties, and regulations, including those related to data privacy, international communications, and the transmission of technical or personal data.
You agree not to submit, post, upload, distribute, or transmit any content that:
(a) is defamatory, abusive, harassing, insulting, threatening, or could be construed as stalking or an invasion of privacy;
(b) is bigoted, hateful, racially offensive, or otherwise discriminatory;
(c) is violent, vulgar, obscene, pornographic, or sexually explicit;
(d) is illegal or encourages illegal activity, or discusses illegal activities with the intent to commit them.
You confirm that you own all necessary licenses, consents, permissions, and rights to the content you submit, and no further payment, permission, or authorization is required from any other party to use, distribute, or exploit the content in accordance with these Terms of Use and Privacy Policy. This includes trademarks, copyrights, patents, trade secrets, privacy and publicity rights, and other proprietary rights contained in any content you submit.
You agree not to:
(a) use any services provided by the Platform for commercial purposes;
(b) advertise or sell any products or services, or solicit others, including contributions or donations, using any public forum for commercial purposes. If you wish to advertise a product or service, please contact contact@thegrubfactory.asia
You agree to use the Platform in a manner that is lawful and does not harm us or any other person or entity, as determined in our sole discretion.
You will refrain from posting, submitting, uploading, distributing, or otherwise transmitting any software or computer files that contain viruses or other harmful components, or that could impair or damage the Platform or any connected network, or interfere with any person or entity’s use or enjoyment of the Platform.
You will not access another person’s username, password, or other account information, nor use another person’s name, likeness, voice, image, or photograph to impersonate any individual or entity, or misrepresent your identity or affiliation with any person or entity.
You will abstain from engaging in antisocial, disruptive, or destructive behaviors, including activities commonly known as “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as understood and used on the Internet.
You agree not to discriminate against any Merchants, Buyers, or PDPs based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other metric deemed unlawful under applicable laws. Any credible proof of such discrimination, including refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, lawful or unlawful, may result in immediate termination of your access to the Platform. You acknowledge and waive any claims against us for such termination.
You agree not to delete or modify any content of the Platform, including legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, unless you own them or have express permission to modify them.
You will refrain from posting or contributing any information or data that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, or political, or that goes against our interests.
You shall not access the Platform without authority or use it in a manner that damages, interferes with, or disrupts any part of the Platform or the Platform software, or any equipment or network on which the Platform is stored, or any equipment of any third party.
You release and fully indemnify Grub Factory and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any actions of the Users of the Platform and specifically waive any claims that you may have under any applicable laws of Nepal. Despite our reasonable efforts, Grub Factory cannot take responsibility or control the information provided by other Users available on the Platform. You may encounter information from other Users that is offensive, harmful, inconsistent, inaccurate, or deceptive. Please exercise caution and practice safe trading when using the Platform.
Access to the Platform, Accuracy and security
We strive to maintain the availability of our Services during Merchant or PDP working hours. However, we cannot guarantee uninterrupted access to the Platform. We acknowledge that there may be occasional disruptions, delays, or errors, and we do not warrant that the Platform will be free from viruses or other harmful components, or that any defects will be corrected promptly.
Compatibility with all hardware and software cannot be assured. Therefore, we cannot be held liable for any damage to your equipment, software, data, or other property resulting from your use of the Platform. Additionally, we are not responsible for any actions taken by third parties.
The information provided on the Platform may not always be accurate or reliable. While we strive to ensure the correctness of the information, we do not warrant its accuracy.
We reserve the right to suspend or revoke access to the Platform, either temporarily or permanently, at our discretion and without prior notice. Suspended users must not attempt to register or use the Platform until reinstated by us.
If you access the Platform on a mobile device, please note that we are not associated with any platform operator, such as Apple, Google, Android, or RIM Blackberry. Your use of the Platform on a mobile device is also subject to the terms and conditions of the respective Operator.
You and we both recognize that these Terms of Use establish an agreement solely between you and Grub Factory, and not with any Operator. Accordingly, we, and not those Operators, bear sole responsibility for the Platform and its content, as outlined in these Terms of Use.
The license granted to you for the Platform is restricted to a non-transferable license permitting use of the Platform solely on a mobile device that you own or control, in accordance with these Terms of Use.
Grub Factory is solely accountable for providing any necessary maintenance and support services for the Platform as mandated by applicable law. It is understood that Operators are under no obligation to provide maintenance or support services for the Platform.
Both you and we acknowledge that any claims made by you or any third party concerning the Platform or your use and possession thereof, including, but not limited to, claims of non-conformity to legal or regulatory requirements, fall under our responsibility, not that of the relevant Operator.
In the event of any third-party claim alleging infringement of intellectual property rights due to your possession or use of the Platform, we, not the relevant Operator, assume sole responsibility for investigating, defending, settling, and resolving such claims of intellectual property infringement.
When using the Platform, you are obligated to adhere to any relevant third-party terms of agreement, ensuring that your usage aligns with agreements such as your mobile device agreement or any wireless data service agreement.
Both you and we acknowledge and affirm that the applicable Operator, along with its subsidiaries, are considered third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, the Operator will possess the right (and will be deemed to have accepted this right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
Disclaimers
THE PLATFORM UNDERGOES CONTINUOUS UPGRADES, AND CERTAIN FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL AT ALL TIMES.
DUE TO THE COMPLEXITIES INHERENT IN ELECTRONIC INFORMATION DISTRIBUTION AND THE LIMITATIONS ASSOCIATED WITH AGGREGATING INFORMATION FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM. CONSEQUENTLY, WE CANNOT GUARANTEE THE ACCURACY OF ALL POSTED INFORMATION.
WE EXPLICITLY DISCLAIM ANY LIABILITIES ARISING FROM UNAUTHORIZED USE OF CREDIT/DEBIT CARDS.
YOU ACKNOWLEDGE THE AVAILABILITY OF THIRD-PARTY SERVICES ON THE PLATFORM. WE MAY HAVE ESTABLISHED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY’S SERVICES, NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR RELATED TO SUCH THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR DEATH, INJURY, OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. BY USING THE PLATFORM, YOU WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US CONCERNING THIRD-PARTY SERVICES.
GRUB FACTORY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY VIOLATION OF APPLICABLE LAWS, INCLUDING LAWS GOVERNING THE PRODUCTS AND SERVICES OFFERED BY MERCHANTS OR PDPS.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM ARE PREPARED TO OFFER ACCURATE INFORMATION ON THE DISCUSSED SUBJECTS, IT IS UNDERSTOOD THAT WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ANY OTHER INFORMATION HEREIN. ADDITIONALLY, WE DO NOT ENDORSE ANY SERVICE DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREIN IS OFFERED “AS IS.” WE AND/OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS, OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREIN, NOR CAN IT BE RELIED UPON. USERS ARE ADVISED TO EXERCISE JUDGMENT BASED ON THEIR SPECIFIC CIRCUMSTANCES, USING, ADAPTING, MODIFYING, OR ALTERING SUGGESTIONS AS THEY SEE FIT. CONSEQUENTLY, WE AND OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, PARTNERS, AND EMPLOYEES ARE ABSOLVED FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURIES ARISING OUT OF OR RELATED TO THE INFORMATION PROVIDED ON THE PLATFORM. FURTHERMORE, NEITHER WE NOR OUR EMPLOYEES, AFFILIATES, AUTHORS, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE CONTENT HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY OR WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. THESE DAMAGES MAY RESULT FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual property
We either own the intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property in the Platform, including but not limited to the user interface, layout format, order placing process flow, and any content therein.
You acknowledge that Grub Factory is the registered owner of the word mark ‘Grub Factory’ and the logo, including but not limited to its variants (IPR), and agree not to directly or indirectly attack or assist another in attacking the validity of Grub Factory’s or its affiliates’ proprietary rights in the licensed marks or any registrations thereof. You also agree not to file any applications for the registration of similar marks, variations thereof, or any translations or transliterations thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware of any infringement of intellectual property rights, you shall report it to brand-protection@thegrubfactory.asia with all relevant information.
You may print one copy and download extracts of any page(s) from the Platform for your personal reference, and you may share material from the Platform with others within your organization.
You must not modify the paper or digital copies of any materials you print or download, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from accompanying text.
Using any part of the materials on the Platform for commercial purposes requires obtaining a license from us or our licensors.
If you print, copy, or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will immediately cease, and you must, at our option, return or destroy any copies of the materials you have made.
Treatment of information provided by you
We process information provided by you to us in accordance with our Privacy Policy.
Third Party Content
We cannot guarantee that other users will comply with the rules outlined in these Terms of Use or any other provisions, and you assume all risk of harm or injury resulting from any such lack of compliance.
When you access a link that leads away from the Platform, you enter a site not under our control, where different terms of use and Privacy Policy may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and from third-party sites to the Platform, although we are under no obligation to do so.
Severability
If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Use, and the remainder of the Terms of Use shall remain in full force and effect to the fullest extent permitted by applicable law.
Non-assignment
You are prohibited from assigning or transferring, or attempting to assign or transfer, the contract between you and us to any other individual or entity.
Governing law and dispute resolution
These Terms of Use are subject to the laws of Nepal. Any legal action, suit, or proceeding initiated to address matters arising from or relating to this Platform shall fall under the jurisdiction of the courts in Kathmandu, Nepal.
IP Notice and Take Down Policy
Grub Factory has established an Intellectual Property Notice and Take Down Policy (“Take Down Policy”) to enable intellectual property owners to easily report listings that infringe their rights. This ensures the prompt removal of infringing products from the site, safeguarding Buyer and Seller trust.
Only the intellectual property rights owner can utilize the Take Down Policy by submitting a Notice of infringement in the specified format. If you are not the rights owner, you can still assist by encouraging them to contact us directly. It’s important to note that Grub Factory does not verify whether Merchants have the right or authorization to sell their listed products or services. However, once an authorized representative of the rights owner properly reports infringement to Grub Factory, we are committed to swiftly addressing these issues to prevent any infringement upon third-party intellectual property rights.
Contact Us
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officeris provided below:
Mr. Gaurav Gurung
Grub Factory Private Limited
Reg Office: Dhumbarahi Marg, Kathmandu, Nepal.
Phone: +977 – 9802323292
Email: support@thegrubfactory.asia
Time: Monday – Friday (9:00 – 18:00)
Grub Factory One and Grub Factory One Lite Membership Program Specific Terms
Effective from 31st March 2024
These are the terms and conditions (“Terms”) governing the Grub Factory One or Grub Factory One Lite (“Grub Factory One or Grub Factory One Lite”) membership program offered by Grub Factory to its Users on the Platform. Please review these Terms carefully before subscribing to the Grub Factory One or Grub Factory One Lite Program. These Terms are subject to modification to comply with legal requirements.
Grub Factory One or Grub Factory One Lite Plans: (Please refer to your Grub Factory/App for plan details)
The distances from the restaurant location to the customer’s location will be determined based on Google Map driving directions data at the time of placing the Order. Grub Factory shall not be held responsible or liable for the accuracy or efficacy of such data.
Grub Factory One or Grub Factory One Lite benefits are applicable to orders above a certain amount. Please refer to the FAQs for more details.
Additional discounts specific to the Grub Factory One or Grub Factory One Lite Programme will apply to the discounted values of the food items after the application of any generally available coupons on the Platform.
Under Grub Factory One, users will enjoy no delivery fee on Bolt Mart orders above Rs 199. The number of free deliveries depends on the subscription.
Under Grub Factory One, users will receive a 10% discount on the applicable delivery fee for all Genie orders. With Grub Factory One Lite, users will receive a 10% discount on the applicable delivery fee for all Genie orders above Rs 60.
Subscription Fee, Payment and Activation:
Grub Factory will charge a membership fee, and you agree to pay such fee as determined by Grub Factory from time to time. You can subscribe to the Grub Factory One program or Grub Factory One Lite program using Credit Card, Debit Card, Net Banking, Grub Factory Money, and other available third-party payment options. However, the Cash on Delivery (COD) payment option can only be used to subscribe to the Grub Factory One program when combined with a placed Order. The subscription will be activated upon successful payment through the Grub Factory Platform.
If Grub Factory One or Grub Factory One Lite membership is purchased along with an Order and the Order is canceled, the membership will also be canceled, and the subscription amount will be refunded. Detailed FAQs can be accessed in the Help Section.
No Cancellation or Termination:
Once purchased, Grub Factory One or Grub Factory One Lite membership cannot be cancelled or terminated during the effective period of the membership.
Modification/Cancellation of Membership by Grub Factory:
Grub Factory reserves the right to cancel or modify your Grub Factory One or Grub Factory One Lite membership at its sole discretion without notice. In the event of such modification or cancellation, we will issue a prorated refund based on the number of full months remaining in your membership. However, we will not provide any refund for cancellation related to conduct that we determine, in our sole discretion, violates these Terms, the Privacy Policy, or any applicable law. This includes conduct that involves fraud, misuse of the membership, or is harmful to our interests, other users, participating restaurants, or any delivery executive. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.
Important notice:
These Terms are specific to Buyer Orders placed through Grub Factory on participating restaurants when you are a Grub Factory One or Grub Factory One Lite Member and do not supersede the Grub Factory Terms of Use unless explicitly stated here. We reserve the right to modify these Terms at any time without notice by posting changes on the Platform. It is your responsibility to stay updated on any changes by accessing them on the Platform. Your continued use of the Grub Factory One or Grub Factory One Lite Program after any changes are posted constitutes your acceptance of the amendments. These Terms are specific to Buyer Orders placed through Grub Factory on participating restaurants when you are a Grub Factory One or Grub Factory One Lite Member and do not supersede the Grub Factory Terms of Use unless explicitly stated here. We reserve the right to modify these Terms at any time without notice by posting changes on the Platform. It is your responsibility to stay updated on any changes by accessing them on the Platform. Your continued use of the Grub Factory One or Grub Factory One Lite Program after any changes are posted constitutes your acceptance of the amendments.
General Terms & Conditions:
We reserve the right to accept or refuse membership at our sole discretion.
We may send you email or other communications related to Grub Factory One or Grub Factory One Lite Membership, regardless of any settings or preferences related to your Grub Factory account.
You may not transfer or assign your Grub Factory One or Grub Factory One Lite Membership or any associated benefits, except as allowed in these Terms.
From time to time, we may choose, in our sole discretion, to add or remove Grub Factory One or Grub Factory One Lite Membership benefits.
The delivery services will always be provided by the PDP, and all other terms and conditions as outlined in the Terms of Use apply.
Grub Factory reserves the right to offer this Grub Factory One or Grub Factory One Lite Membership in select cities and at select restaurants, at its sole discretion.
The Grub Factory One or Grub Factory One Lite Membership feature is available only on the App.
Free deliveries are applicable only on food Orders for participating restaurants, Bolt Mart Orders, and Grub Factory Mall Orders, subject to meeting the minimum order amounts as specified under the relevant Platform Services interface.
Grub Factory One or Grub Factory One Lite membership can only be used on two devices at a time. The membership is priced for individual and personal usage. The two-device limit helps prevent misuse and ensures optimal service to our members while maintaining fair usage within reasonable parameters. This approach keeps the membership affordable for all consumers and sustainable for Grub Factory.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN GRUB FACTORY’S CONDITIONS OF USE AND SALE, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO GRUB FACTORY. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE CANCELLATION OR TERMINATION OF YOUR GRUB FACTORY ONE MEMBERSHIP.
All disputes related to this Grub Factory One Membership shall be subject to the exclusive jurisdiction of the courts of Bangalore.
These Terms and Conditions are co-extensive and concurrent with Grub Factory’s other Terms and Conditions and the Privacy Policy listed on this Platform. Therefore, all other Terms and Conditions listed hereinbefore shall also be applicable to this Grub Factory One Membership, and there is no need for them to be expressly repeated herein.
For more details on our sellers
List 1, List 2, List 3, List 4, List 5, List 6, List 7, List 8, List 9, List 10, List 11, List 12, List 13, List 14. (Information will include Name, Address, e-mail address of the restaurant)
Notice and Take Down Policy Template and Procedures
To report instances of intellectual property violations to Grub Factory, you must provide a written communication (via email or regular mail) containing the following information. Please note that you may be liable for damages, including costs and lawyer’s fees, if you materially misrepresent that material is infringing your intellectual property rights. Therefore, if you are unsure whether you are the proprietor of the intellectual property rights, we recommend consulting a lawyer before proceeding.
To expedite our processing of your request, please adhere to the following format:
1. Clearly identify the protected work that you believe has been infringed. This should include specific identification of the web page or individual posts, rather than entire sites. Posts must be referenced by either the dates on which they appear or by the permalink of the post. Provide the URL to the material infringing your intellectual property rights [URL of a website or URL to a post, along with title, date, and name of the author], or a link to the initial post containing sufficient data to locate it.
2. Identify the material that is claimed to be infringing or the subject of infringing activity, and specify the material to be removed or access to which is to be disabled. Additionally, provide information reasonably sufficient to allow Grub Factory to locate the material.
To expedite our handling of your request, please include the following information:
Please send the written communication to: grievances@thegrubfactory.asia
Format of notice of infringement:
To
Grub Factory Private Limited,
No. Dhumbarahi Marg, Kathmandu, Nepal.
I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named __________________ (” IP Owner”).
2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material claimed to be infringing.
3. I may be contacted at:
Name____________________________________________________________________________
Designation/Title & Company_________________________________________________________
Postal Address (with Pin code)________________________________________________________
Email Address (correspondence)_______________________________________________________
Telephone/Fax_____________________________________________________________________
I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.
Declared by < >______________________________
on < > ___________________________________ at < > ________
Truthfully,
Signature ________________________
Please note the following important points before submitting a request for intellectual property violation: (a) Please provide exact product IDs or URLs for efficient processing. Do not provide links to browse pages or search queries, as these contents are dynamic and may change over time. (b) Ensure your request is complete. Incomplete requests will not be considered. (c) Grub Factory’s response will involve removing or disabling access to the material claimed to be infringing. For detailed terms of use, please refer to our Platform’s Terms and Conditions at https://www.thegrubfactory.asia/terms-and-conditions.
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