terms & conditions
important
Please read these terms and conditions carefully. these terms contain provisions that limit liability, disclaim warranties, and affect your legal rights. by accessing or using the website, you agree to be bound by these terms.
Definitions
In these Terms, unless the context otherwise requires:
“Account” means an account created by a User to access certain features of the Website.
“Aggregator” means an independent third-party delivery service provider used by GIPL or its Restaurant to fulfil delivery of orders.
“Booking” means a reservation for dine-in at a Restaurant made via the Website.
“Content” means any text, images, video or other materials available on the Website.
“Order” means an instruction placed by a User (via an Aggregator or otherwise) to purchase food and beverage items from a Restaurant.
“Restaurant” means an Olive Garden outlet in India operated by GIPL or its franchisees.
“Services” means the Website, the functions, features, and any related services offered by GIPL via the Website.
“User”, “you” or “your” means any natural or legal person who accesses, browses, uses or places an Order/Booking on the Website.
Acceptance Of Terms
- By accessing, registering with or using the Website or any Services, you agree to be bound by these Terms, the Privacy Policy, and any other policies posted on the Website.
- If you do not agree to these Terms, you must immediately stop using the Website.
- GIPL reserves the right to modify, amend or update these Terms at any time. Material changes will be notified by posting on the Website or by other reasonable means. Your continued use of the Website after such changes constitutes acceptance of the revised Terms.
Eligibility
- The Website and Services are intended for individuals who are at least 18 (eighteen) years old and able to form legally binding contracts under applicable law. Minors may use the Website only under the supervision of a parent or legal guardian.
- The Services are offered only to users located in India. Accessing the Website from other jurisdictions is done at your own risk and you are responsible for compliance with local laws.
Reservations And Dine-In
- Bookings made via the Website are subject to availability and Restaurant policies. GIPL may impose cover charges or pre-payment requirements for certain time slots or events.
- Guests are requested to arrive at least 15 minutes prior to their reserved time. Late arrival may result in cancellation of the Booking at the Restaurant’s discretion.
- Offers, freebies or special promotions may be available only for pre-booked slots, for limited numbers of Guests and at participating Restaurants. Such offers are subject to the specific terms displayed at the time of booking.
- GIPL and the Restaurant reserve the right to refuse service, cancel Bookings or require identification for reasons including safety, misconduct, breach of policy, or operational constraints.
Delivery Via Third-Party Aggregators
- GIPL may offer delivery of Orders through independent third-party Aggregators. Aggregators are independent service providers and are not agents or employees of GIPL.
- GIPL’s responsibility for Orders placed via Aggregators is limited to preparation and packaging of the food and beverages in accordance with GIPL’s quality and hygiene standards.
- Delivery, pick-up, handling, tracking, timing and post-handover condition of Orders are the responsibility of the Aggregator. GIPL shall not be liable for any delays, loss, damage, or other issues arising from the Aggregator’s actions or omissions.
- In the event of complaints concerning delivery, you should in the first instance contact the Aggregator. GIPL will reasonably cooperate with Aggregators and Users to resolve legitimate quality or preparation issues.
Menu, Pricing And Taxes
- Menu descriptions, pictures, prices and item availability are provided for convenience and may vary by Restaurant. GIPL does not guarantee that all items will be available at all times.
- Prices shown on the Website are in Indian Rupees (INR) and indicate whether prices are inclusive or exclusive of Goods and Services Tax (GST). Where a price is shown exclusive of taxes, the applicable taxes will be added at checkout or on the bill.
- GIPL reserves the right to correct pricing errors, update prices, and withdraw menu items at any time. If an Order is placed at an incorrect price due to an error, GIPL may cancel the Order and notify you, offering a refund where applicable.
Payment, Refunds And Chargebacks
- Payments for Orders or cover charges may be processed via third-party payment gateways. Use of such payment services is subject to the payment provider’s terms.
- GIPL is not responsible for failures, delays or errors caused by third-party payment processors or your bank.
- Refunds will be processed in accordance with GIPL’s refund policy, applicable Restaurant policy and the Aggregator’s policy where relevant.
- If you dispute a legitimate charge with your bank and the bank charges back the amount, GIPL reserves the right to recover such amounts from you, and to suspend or terminate your Account.
offers, promotions and vouchers
- Offers, promotions and vouchers are valid only as specified and at participating Restaurants. Specific eligibility criteria will apply to each promotion.
- Offers cannot be combined with other promotions unless expressly stated. Offers are not transferable and cannot be redeemed for cash.
- GIPL reserves the right to modify, suspend or terminate any promotion at any time due to technical or operational reasons, suspected abuse, or fraud.
Allergens, Food Safety And Quality
- GIPL prepares food in shared kitchen environments. Cross-contact with allergens is possible. If you have food allergies, intolerances, or special dietary requirements you must inform the Restaurant or include such information in the Order or Booking notes.
- GIPL follows applicable food safety laws and FSSAI regulations. While GIPL endeavors to maintain the highest standards, it does not warrant that menu items are free from traces of allergens.
User Content, Reviews And Submissions
- Any content you post on the Website, including reviews, photos, suggestions or other Submissions, grants GIPL a worldwide, transferable, sublicensable, royalty-free, perpetual license to use, reproduce, modify, publish, translate and distribute such content in any media.
- You represent and warrant that any Submission is your original work and that you have the right to grant the above license. You must not post content that is defamatory, obscene, abusive, infringing, discriminatory or illegal.
- GIPL may remove or moderate any content that violates these Terms or applicable laws.
Ownership Of Intellectual Property
Gourmet Investments Private Limited (“GIPL”), operating under the brand name Olive Garden India, is the sole and exclusive owner/licensor of all intellectual property rights in and to the Website, its design, layout, underlying software, source code, content, graphics, text, audio-visual material, compilations, databases, look-and-feel, and any other material made available through the Website (collectively, the “Content”).
GIPL also exclusively owns or lawfully licenses all copyrights, trademarks, service marks, logos, trade names, trade dress, and other proprietary rights and goodwill associated with Olive Garden India and the Services (collectively, the “IP Rights”). These IP Rights are protected under the Copyright Act 1957, Trade Marks Act 1999, Information Technology Act 2000, and all other applicable intellectual-property and proprietary-rights laws in India and internationally.
The Services and Content constitute original works created through substantial time, skill, and investment and represent valuable intellectual property of GIPL and its licensors.
Restrictions On Use
You agree that, except as expressly permitted under these Terms, you shall not:
- copy, reproduce, republish, upload, post, publicly display, transmit, sell, rent, lease, modify, distribute, or create derivative works from the Content or any portion of the Services;
- use any framing, deep-linking, meta-tagging, or other techniques to enclose or conceal any trademark, logo, or proprietary information of GIPL;
- remove, conceal, or alter any copyright, trademark, or proprietary notices appearing on the Website or in the Content;
- use any trade name, trademark, service mark, logo, or domain name of Olive Garden India or GIPL in any manner likely to cause confusion or misrepresent affiliation, sponsorship, or endorsement; or
- use the Website or Content for any commercial purpose without GIPL’s prior written consent.
Any infringement or unauthorised use of the IP Rights will result in immediate termination of your access to the Services. It may subject you to civil and criminal liability under applicable laws. GIPL reserves the right to initiate legal proceedings to protect its rights and seek all available remedies.
Acknowledgement Of Proprietary Rights
- To the fullest extent permitted by law, the Website and Services are provided ‘as is’ and ‘as available’ without warranties of any kind, express or implied. GIPL disclaims all warranties including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
- GIPL shall not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profit, revenue, data or goodwill, arising out of or in connection with the use or inability to use the Website or Services.
- GIPL’s aggregate liability for direct damages arising out of or in connection with these Terms shall be limited to the total amount paid by you for the Order or Booking that gave rise to the claim during the 7 (seven) days preceding the claim.
Privacy And Data Protection
- GIPL processes personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and other applicable privacy laws. Our Privacy Policy (available on the Website) provides details about the categories of personal data we collect, the purposes of processing, data retention periods, data subject rights, and security measures.
- Data Subject Rights: You may (where applicable) access, correct, update or request deletion of your personal data, withdraw consent, and raise a grievance. Requests should be made via the Contact Us page or as specified in our Privacy Policy.
- Data Retention and Transfer: Personal data will be retained only as necessary. Cross-border transfers (if any) will be done in compliance with applicable laws and appropriate safeguards.
- Grievance Officer: For privacy-related complaints, you may contact GIPL’s feedback ID: feedback@gourmetinvestments.com
Disclaimer And Limitation Of Liability
- To the fullest extent permitted by law, the Website and Services are provided ‘as is’ and ‘as available’ without warranties of any kind, express or implied. GIPL disclaims all warranties including but not limited to merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
- GIPL shall not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profit, revenue, data or goodwill, arising out of or in connection with the use or inability to use the Website or Services.
- GIPL’s aggregate liability for direct damages arising out of or in connection with these Terms shall be limited to the total amount paid by you for the Order or Booking that gave rise to the claim during the 7 (seven) days preceding the claim.
Indemnity
You agree to indemnify and hold harmless GIPL, its officers, directors, employees and agents from and against any losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, violation of law, or any user content you submit.
Force Majeure
GIPL shall not be responsible or liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond GIPL’s reasonable control, including but not limited to acts of God, pandemics, government actions, strikes, power failures, telecommunications failures, internet outages, fire, flood or other natural disaster.
Suspension And Termination
- GIPL may suspend or terminate your access to the Website or Services at any time for violation of these Terms, fraudulent activity, or other conduct that GIPL believes is harmful to other Users or GIPL.
- Termination shall not affect accrued rights or obligations. Provisions which by their nature survive termination, including indemnity, limitation of liability and intellectual property clauses, shall survive.
Third-Party Links And Services
The Website may contain links to third-party websites, services or resources. GIPL is not responsible for the availability, content, products or services of such third-party sites, and inclusion of any link does not imply endorsement.
Your use of third-party services (including Aggregators or payment processors) is subject to their terms and privacy policies.
Dispute Resolution And Arbitration
- Informal Resolution: In the event of any dispute arising from or related to these Terms, the parties shall first attempt to resolve the dispute amicably by exchanging written notice of the dispute and attempting resolution within thirty (30) days.
Arbitration: If the dispute is not resolved informally within thirty (30) days, it shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Gurgaon, Haryana, India. The arbitration proceedings shall be conducted in English by a sole arbitrator appointed by mutual agreement or, failing agreement within 30 days, by the appointing authority as per the Act.
Relief: The arbitral award shall be final and binding. Subject to the arbitration clause, courts at Gurgaon shall have jurisdiction for enforcement and other ancillary proceedings.
Contact ID for grievances: feedback@gourmetinvestments.com
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Use of the Website is unauthorized in any jurisdiction that does not give effect to these Terms.
Amendments
GIPL reserves the right to amend or update these Terms at any time. Material changes will be posted on the Website with the date of update. Continued access or use of the Website after posting of changes constitutes acceptance of the updated Terms.
Contact And Grievance Redressal
For questions, disputes or grievances related to these Terms or the processing of personal data under the DPDP Act, you may contact feedback@gourmetinvestments.com. GIPL will endeavour to acknowledge and address grievances in accordance with applicable law.
Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any other policies posted on the Website, constitute the entire agreement between you and GIPL regarding the subject matter herein.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- No Waiver: Failure by GIPL to enforce any provision of these Terms shall not constitute a waiver of its right to do so in the future.