This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
For the purpose of these Privacy Policies, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits our platform, either just for the purpose of browsing www.skykitchen.co.in (our “Website”) website or the SkyKitchen app to buy our product. The term “We”, “Us” , “Our” shall refer and mean SkyKitchen Food Tech Private Limited.
“Platform” shall mean our website, mobile application(s), social media accounts, aggregators’ listing and any third party that is employed by us.
“App(s)” shall mean customer and/or delivery applications for mobile and includes the SkyKitchen App and the Comet App used by our delivery personnel.
“Device” shall mean a desktop computer, laptop computer, tablet, mobile phone, smart watch or any such other electronic equipment which is used to access our Platform or is used to receive information from the Platform.
“Wallet” shall mean the wallet which SkyKitchen operates called SkyDrops - the members’ exclusive loyalty program on its website and mobile application. Each membership account is associated with the members’s email address; provided to us while signing up. All transactional and promotional emails will be sent to the provided email address only.
SkyDrops is operated as a closed wallet and cannot be used for transactions beyond the purview of SkyKitchen Food Tech Private Limited. One SkyDrops point is valued at Re.1/- upon redemption and is valid for a period of 3 years from the date of credit. In case, the member decides to delete his/her membership, the existing SkyDrops in his/her account will be void and shall not be refundable/transferable.
“Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, epidemic, Act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, pandemic, acts of government, computer hacking, unauthorised access to your Device or storage, crashes, breach of security and encryption.
“Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number and email address disclosed by you in relation to the services available on the Platform.
“Personally Identifiable Information” refers to the data related to the following:
(III) Financial information such as bank account or credit/debit card or any other payment instrument like mobile wallets, United Payment Interface (UPI) etc.
(IV) Physical and mental health condition
(V) Sexual orientation
(VI) Relationship status
(VII) Medical records and history
(VIII) Biometric information
(IX) Professional details
(X) Any of the information received under above clauses by the body corporate which is stored and processed under lawful contract, for providing service or otherwise.
“Third Party” refers to any person or entity other than you or us.
SECTION 1 - WHAT INFORMATION WE COLLECT
Personal Data: We collect personal data from you when you voluntarily provide such information, such as when you contact us to place an order for our products or to inquire about any information or respond to one of our services or action items.
Personally Identifiable Information (PII) provided by you in relation to the use of the Platform: In order for us to enable successful delivery of your order to you, we collect your personal information as may be required for the purposes connected thereto when you place an order on the Platform.
We may be required to disclose such personal information to Third Parties, solely in connection with purchase, sale and delivery of your order in accordance with the terms and conditions stipulated by such Third Party.
We use the details provided by you during the transaction to ensure that orders are successfully delivered on time, and to keep you informed on the status of your order.
SkyKitchen Food Tech Private Limited will not be held liable for any loss of PII by any Third Party, although we ensure that any such data, if and when required, is shared in an encrypted file.
Personally Identifiable Information (PII) provided by you in relation to the registration process: In order to provide you a safe, efficient, smooth and customised experience and in order to take complete advantage of certain features available on the Platform including but not limited to, public forums, accessing or uploading reviews or taking part in surveys, you will be required to complete an online registration form which will provide us with PII. In the event you register with us, you will also be asked to choose an user identity and password in order to identify yourself during future uses of the Platform.
You can also register on the Platform by logging into online accounts you may already have with Third Party social networking sites (SNS) for example but not limited to Facebook, Instagram, Gmail; each such account a Third Party Account, via our Platform as described below. As part of the functionality of the Platform, you may link your account with Third Party Accounts, by either:
(I) Providing your Third Party Account login information on the Platform, or
(II) Allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including but not limited to, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees, compensation or making us subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Platform, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorise us to access by authorising the SNS to provide such data) from your Third Party Accounts and use that information to create your SkyKitchen account and profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts,we will access, make available and store (if applicable and as permitted by the SNS and authorised by you) the information in your Third Party Accounts so that it is available on and through your account on the Platform. If there is information about your network or “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those people, may also depend on the privacy settings such people have with the applicable SNS.
We also collect certain additional information that is not PII, which you provide as part of registration and the administration and personalisation of your account profile.
In connection with facilitating this service, we will receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content/One Time Password of the SMS message etc.
When you use our services, we collect information about you in the following general categories:
The cookies used by us are listed as follows for your information to opt-out of cookies or not.
_session_id, unique token, sessional - Allows us to store information about your session like referrer, landing page etc.
Provider’s internal stats tracker - Records the number of visits
_secure_session_id, unique token, sessional storefront_digest, unique token, indefinite - Analyzes if the current visitor has a password protected access.
Your payment details
Your IP address
Any other personal information which you give us in connection with the services
Others: In addition to the cookies, we may also collect information to enable us to understand you better so that we can improve (I) your user experience; (2) to assist our customer service and technical support personnel; and (3) put processes in place to prevent fraud and unlawful use. In an effort to make the Platform effective and improve the Platform, certain information may be collected each time you access the Platform. Such information may be saved, in server logs in an encrypted form which may not identify you personally and in turn not qualify as PII. Such information or data may include, but shall not be limited to, IP address, your server details, duration of your visit, date, time or purpose of your visit. In addition to cookies, we use web beacons, ad tags, pixels to advertise as part of the Platform. The above mentioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates to enhance and grow the user experience in relation to the Platform.
URLs: In general, you can browse our website www.skykitchen.co.in and customer mobile App(s) without telling us who you are or without revealing any PPI about yourself. Once you allow us to access your information, you are not anonymous to us. Wherever possible, we indicate which fields are required and which fields are optional. You always have the option to not grant us permission to access your information; for the fields that are optional. We may automatically track certain information about you, based on your online behaviour on the Platform. We use this information to conduct internal research on our users’ demographics, interest, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include, the URL that you just came from (whether this URL is on the Platform or otherwise), which URL you next go to (whether this URL is on the Platform or otherwise), your browser information, and your IP address.
Payment Information: If you transact with us, we collect some additional information, such as a billing address, a credit/debit card number and/or other payment instrument details and tracking information from cheques or money orders.
Collection of Sensitive Financial Data: SkyKitchen Food Tech Private Limited does not collect or store sensitive financial data or information as part of our services on the Platform.
SECTION 2: WHAT DO WE DO WITH YOUR INFORMATION
2.1 We use personal information to provide the delivery of Our products to you. To the extent, We use your personal information to market to you. We use your personal information to resolve disputes, troubleshoot problems, help promote a safe transaction, collect money, measure consumer interest in Our products, inform you about online and offline offers, products and updates; customise your experience; detect and protect Us against error, fraud, and other criminal activity; enforce Our terms and conditions; and as otherwise described to You at the time of collection.
2.2 In Our efforts to continually improve Our products offerings, We collect and analyse demographic and profile data about Our User’s activity on the Platform. We identify and use your IP address to help diagnose issues with Our server, and to administer the Platform. You IP address is also used to help identify You and to gather broad demographic information.
SECTION 3: CONSENT
3.1 When You provide Us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is deemed that You have consented to the use of your personal information by Us to carry out the transaction as requested.
3.2 In the course of the business, if your personal information is required for any secondary reason, We shall specify the reason for requiring such information. Upon such a request, You shall have the option to refrain from revealing such information.
3.3 If after You consent, either impliedly or expressly, for your personal information to be used by Us, You change your mind, You may withdraw your consent for Us to contact You, for the continued collection, use or disclosure of your information, at any time. Such withdrawal of consent shall be communicated to Us either through an email at firstname.lastname@example.org or by contacting Us at our corporate office in Bhubaneswar.
SECTION 4: Disclosure of Personal Information
4.1 We may share personal information with Our other corporate entities, partners, vendors and affiliates to detect and prevent identity theft, fraud, and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Platform; and to facilitate joint or co-branded services where such services are provided by more than one market to You as a result of such sharing unless You explicitly opt-in.
SECTION 5: PAYMENT PLATFORMS
5.1 All direct payments gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
5.2 PCI-DSS requirements help ensure the secure handling of credit card information by Us as well as Our partners.
SECTION 6: THIRD-PARTY SERVICES
6.1 We may engage the services of third parties to help us serve Our customers better. In general, the third party service providers engaged by Us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to Us.
6.2 However, certain third party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information We are required to provide to them for your purchase related transactions and We recommend that You read their privacy policies so you can understand the manner in which your personal information will be handled by these third party service providers.
6.3 In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you, us or both of us. So if you elect to proceed with a transaction that involves the services of a third party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
6.5 When you click on third party links on Our website, we are not responsible for the privacy practices of other sites or for the loss or consequential damage that may be caused to you, and hence encourage You to read their Privacy Policies.
SECTION 7: SECURITY
7.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
7.2 Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 8: AGE OF CONSENT
8.1 By using this site, You represent that You are at least the age of majority in your state or province of residence and you have allowed Us the consent to allow any of your minor dependents to use this site.
8.2 You also confirm that your registered mobile number provided by you to access and transact on Our platform is legally owned by you.
9.2 If SkyKitchen Food Tech Private Limited is fully or partially acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell products to You.
LAST REVISION: 25-01-2021
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.skykitchen.co.in (the "Website"), SkyKitchen Food Tech Private Limited ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. SkyKitchen Food Tech Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. SkyKitchen Food Tech Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. SkyKitchen Food Tech Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with SkyKitchen Food Tech Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer: This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct SkyKitchen Food Tech Private Limited sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations SkyKitchen Food Tech Private Limited and its designated in house or third party call team(s).
Opt Out Procedure: We provide two easy ways to opt out from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, by sending an email to email@example.com with the subject line as “Unsubscribe”.
Proprietary Rights: SkyKitchen Food Tech Private Limited has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by SkyKitchen Food Tech Private Limited. SkyKitchen Food Tech Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
GST and Other Charges: When you purchase any Products, you will be responsible for paying the applicable Goods and Services Tax alongside any additional charges (if any) like Delivery Fee, Special Fee etc.
II. WEBSITE AND MOBILE APPLICATION
Content; Intellectual Property; Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. SkyKitchen Food Tech Private Limited does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that SkyKitchen Food Tech Private Limited does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. SkyKitchen Food Tech Private Limited does not endorse the contents on any such third-party websites. SkyKitchen Food Tech Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: SkyKitchen Food Tech Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from SkyKitchen Food Tech Private Limited or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Platform, you hereby grant SkyKitchen Food Tech Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. SkyKitchen Food Tech Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. SkyKitchen Food Tech Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. SkyKitchen Food Tech Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content SkyKitchen Food Tech Private Limited deems objectionable.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SkyKitchen Food Tech Private Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKYKITCHEN FOOD TECH PRIVATE LIMITED MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
SKYKITCHEN FOOD TECH PRIVATE LIMITED IN ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
SKYKITCHEN FOOD TECH PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless SkyKitchen Food Tech Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to SkyKitchen Food Tech Private Limited. When SkyKitchen Food Tech Private Limited is threatened with suit or sued by a third party, SkyKitchen Food Tech Private Limited may seek written assurances from you concerning your promise to indemnify SkyKitchen Food Tech Private Limited; your failure to provide such assurances may be considered by SkyKitchen Food Tech Private Limited to be a material breach of this Agreement. SkyKitchen Food Tech Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of SkyKitchen Food Tech Private Limited choice at its expense. SkyKitchen Food Tech Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SkyKitchen Food Tech Private Limited against any claim, but you must receive SkyKitchen Food Tech Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. REFUND POLICY
At SkyKitchen, guest satisfaction is paramount. This refund policy is primarily applicable on orders placed on our website and mobile applications only.
Please consider the following points to learn in detail about our Refund Policy:
Delivery periods quoted at the time of ordering are approximates only and may vary. Food will be delivered to the address as intimated by you while ordering.In case there is reasonable delay, we will call in advance and notify you. SkyKitchen will not be liable for loss caused to you by late delivery in situations when there is a change in delivery address, modifications in the dishes are requested etc. after the order has been placed. Of course, We will ensure that you receive your order as quickly as possible.
In case of a late delivery due to unforeseen factors like rain, hailstorm, accidents, traffic disruption, Act of God etc. SkyKitchen will not be liable for loss caused to you by late delivery in such a case.
Refunds, if at all applicable, beyond and above the aforementioned reasons, would be permitted at the sole discretion of SkyKitchen and any such refunds will be processed to the original source of payment within 7-10 working days.
Order once placed can be cancelled only within 5 minutes of order confirmation by placing a call on our helpline number 91+9459452020;
we can’t consider cancellation requests on email or any other channel. We won’t be able to cancel the order or make changes to the order after the stipulated time of five minutes.
You must ensure that at the time of delivery of food, adequate arrangements, including access where necessary, are in place for the safe and contactless delivery of your order. SkyKitchen cannot be held liable for any damage, cost or expense incurred to such an order, as a result of a failure to provide adequate access, instructions or arrangements for delivery.
VIII. SKYKITCHEN WALLET -
SkyKitchen operates the members’ exclusive loyalty wallet called ‘SkyDrops’ on its website and mobile applications. Each membership account is associated with the members’s email address and mobile number; provided to us while signing up. All transactional and promotional emails will be sent to the provided email address/number.
SkyDrops is operated as a closed, cashback wallet and cannot be used for transactions beyond the purview of SkyKitchen Food Tech Private Limited.
One SkyDrops point is valued at Re.1/- upon redemption and is valid for a period of 3 years from the date of credit. In case, the member decides to delete his/her membership, the existing SkyDrops in his/her account will be void and shall not be refundable/transferable.
Members can earn SkyDrops under the following methods:
Online Ordering: Members will earn 10 SkyDrops for every transaction worth Rs.100 when ordering from our website and mobile applications. This transactional value or the total order value will be inclusive of GST delivery charges, redeemed SkyDrops points or any other charges etc. Members will not earn any SkyDrops when ordering from our food aggregators’ channels.
Referrals: Existing and new members can earn up to 100 SkyDrops for each referral they make. A new member must download and place an order within 4 hours from the referral link shared by an existing member. After successful delivery of the order, both members will be awarded upto 100 SkyDrops each. The referral program and the earning threshold is governed at the sole discretion of SkyKitchen.
Refunds: On the sole discretion of SkyKitchen, if members are entitled for refunds, then the amount equivalent of the SkyDrops used for that particular order, will be credited back to the wallet as SkyDrops.
For example, a member places an order worth Rs.500 using
100 SkyDrops (worth Rs.100) and pays the remaining Rs.400 with Debit card and this order is cancelled, then Rs.400 will be refunded to the bank, while 100 SkyDrops will be credited to the member's wallet.
Simply put, refunds are always credited to the original payment source.
3. SkyDrops are not awarded for purchase of any of our products from physical retail stores. Since party/corporate/bulk orders come with highly discounted and customised rates, SkyDrops are not credited in such cases.
4. SkyKitchen Food Tech Pvt. Ltd. reserves the right to credit, debit and operate the member’s account and shall make changes to the arrangement as and when required. Any change related to the earning ratio via online ordering will be notified to members via email.
IX. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
X . GENERAL
Force Majeure: SkyKitchen Food Tech Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, pandemic, act of God, war, terrorism, armed conflict, labor strike, lockdown, or boycott.
Cessation of Operation: SkyKitchen Food Tech Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and SkyKitchen Food Tech Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of SkyKitchen Food Tech Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: SkyKitchen Food Tech Private Limited and all its properties are headquartered in Bhubaneswar, Odisha. This Agreement will be governed by the laws of the State of Odisha, without regard to its conflict of law principles to the contrary. Neither you nor SkyKitchen Food Tech Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Odisha. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: SkyKitchen Food Tech Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and SkyKitchen Food Tech Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, SkyKitchen Food Tech Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until SkyKitchen Food Tech Private Limited chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: SkyKitchen Food Tech Private Limited makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. SkyKitchen Food Tech Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.