ABOUT US:  

• Pimento is a Trademark (under registration)  of  Dhruv Food Industry Pvt. Ltd., a company incorporated under The Companies Act, 2013 having CIN: U55109WB2018PTC229364

• We are incorporated as an association / club of Indian Home Chef’s (Pimento Admins) with the object to add to the joy and happiness of Indian festivities and / or occasions by providing healthy and delicious Home food and at the same time financially empowering India’s baking talent.

• Pimento aims to provide Home bases food items as per your specifications, your expectations at your place on your time

Definitions: 

• Delivery Partner :- Delivery Partner means the Channel Partner of Pimento ,including its business partners ,who has been assigned the duty to deliver the products at customer’s specified address

• Final Price :- Final Price means the Net Transaction Value paid / payable for the order and is inclusive of all costs like Delivery, Packing , customisation and applicable taxes.

• Products:- Products means various food items

• “You”:- refers to the person accessing this website and ordering any goods or services from the wwebsite or from any other channel provided by Pimento

• Website :- refers to https://pimento.n

•  “we”, “us”, “our”, and  are references to Pimento

TERMS OF USE FOR CUSTOMER (Placing an Order):  

• Customer shall register on the website in the manner specified in Para “Account Registration with Website” in order to be eligible to place an order.

• The Customer shall request to order products from a Pimento Admin’s by clicking on ‘Place Order’ tab on the Pimento Admin’s list provided on page on the website. It shall constitute an unconditional and irrevocable authorization issued in favor of Pimento website to place online orders for products against the Pimento Admin’s on Customer’s behalf.

• An order, once placed on behalf of Customer through website and accepted by a Pimento Admin , subject to acceptance by delivery partner in case of Delivery, constitutes a contract of sale of goods under the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 or any successor legislation between the Pimento and Pimento Admin and Pimento and Customer. Whereby you agree to pay final price of the order to Pimento.

• The Customer must warrant that while placing an order the details like contact number, delivery address, etc. are accurate and correct. By providing these details, the Customer expresses his/her acceptance of terms and conditions and privacy policies.

•  The Customer shall be charged a delivery fee for delivery of the order by the Delivery Partner. The Customer must agree that the Delivery Partner is authorized to collect final price of order in case of COD Deliveries,. The Delivery Charges may vary from, order to order, which may be determined on multiple factors such as order value, demand during peak hours, etc. In case of Non COD orders, the final price shall be paid to Pimento for Confirmation of order placed.

• The confirmed order may be delayed or cancelled due to any natural / unavoidable circumstances.

• Pimento reserves the right to make available alternative order / order from alternative Pimento Admin in case of any sudden breakdown. Such alternatives shall be made available only after proper intimation to you. Provided the delivery breakdown may even result into non delivery of order.

• Customer shall make payment of only Final Price to delivery partner in case of COD orders. Any payment as tip or otherwise above final price is not our responsibility. 

• Customer understands that customised order falls under only vegetarian and / or eggetarian food category. Pimento prohibits order for Non veg food items.

CANCELLATION OF ORDER

• The Customer must acknowledge that any cancellation or attempted or purported cancellation of an Order shall amount to a breach of Customer’s unconditional and irrevocable authorization in favour of the Pimento. 

• In the event the Customer commits an Authorization Breach, the Customer shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. The Customer must undertake to authorize Pimento to deduct or collect the amount payable as liquidating damages, including without limitation, by deducting such amount from the payment made towards Customer’s next order.

• The all replacements/ refunds/ or any other resolution will be done with Pimento permission only. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to the Customer in the form of credits, the refund amount will reflect in Customer’s account based on respective bank policies.

ACCOUNT REGISTRATION ON THE WEBSITE

• One shall have the access to the website and register to create an account for and become a member; or shall be able register to himself join by logging into your account with certain third-party social networking sites (” SNS”) (including, but not limited to, Facebook); each such account, a ” Third Party Account”, via our Platform.

• ii. The Membership is limited for the purpose and is subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, one shall be able to may link Pimento  Account with Third-Party Accounts, by either:

i.  Providing your Third Party Account login information to us through the Platform; or

ii. Allowing us to access their Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

iii. The Customer shall represent that you are entitled to disclose your Third Party Account login information to us and/or grant the Platform access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating them to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

iv. By granting us access to any Third Party Accounts, the  Platform shall be able to access, make available and store (if applicable) any content or information that the Customer shall provide to and stored in your Third-Party Account so that it is available on the Platform Account. Unless otherwise specified in these Terms of Use, all provided information if any will be considered to be your content for all purposes of these Terms of Use.

v. Depending on the Third-Party Accounts, the Customer shall choose, and subject to the privacy settings that the Customer has set in such Third-Party Account shall be personally identifiable information that you post to your Third-Party Accounts will be available on and through your  Account on the Platform.

vi. Every Customer shall have access to only one account and shall not be permitted to create multiple accounts. On finding multiple accounts of any Customer,   the Platform reserves the right to suspend such multiple accounts without being liable for any compensation.

vii.  Every Customer shall provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

viii. The Platform shall   reserve the right to suspend or terminate your  Account and your access to the Services in the event ;

a)  if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete;

b) if it is believed that a Customer’s actions may cause legal liability for Pimento or Its associated business partners or  the Customer; or for both.

c) if the Customer is found to be non- compliant with the Terms of Use.

ix) Every Customer shall be responsible for safeguarding his/her password. The Customer shall not disclose his/her password to any third party and it will be their sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

PAYMENTS & REFUNDS

I. Refunds

• The Customer shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:

1.    The order packaging has been tampered or damaged at the time of delivery;

2. The Pimento cancels the order due to:

(a) Your delivery location following outside our designated delivery zones;

(b) Failure to contact you by phone or email at the time of confirming the order booking; or

(c) Failure to contact you by phone or email at the time of confirming the order booking, or

B) The decision on refunds shall be at the sole discretion of Pimento and shall be final and binding.

C) All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.

II.  PAYMENTS: 

• In case of payment at the time of delivery, the Customer shall not be required to pay for:

a) Wrong order being delivered; or

b) Items missing from your order at the time of delivery.

COMPLAINTS / GRIEVANCES:

In case of any complaints/ grievances  you may contact the Grievance cell   @ 

OTHER TERMS & CONDITIONS  

• Statutory Compliances by Pimento Admins: The Customer acknowledges that Pimento bears no responsibility for the compliance with statutory rules, regulations, and licenses by the Pimento Admins. 

• Limitation of Liability: Pimento shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Pimento Admins. Pimento in no manner is liable to the member if Pimento Admin temporarily or permanently shuts down its operations. Pimento will only take care of claims/liabilities arising out of offers/membership plans advertised by itself solely.

• Assignment: Pimento may assign its right obligations under these terms and conditions to any of its affiliates or any third party at any time.

Disclaimer of warranties, limitation of liability and indemnification:

Disclaimer of warranties: the Customer must acknowledge and agree that the Services are provided “as is” and “as available” and that the use of the Services shall be at the risk of Customer. To the fullest extent permitted by applicable law, Pimento, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries and licensee (“Pimento Parties”) disclaims warranties, express or implied, in connection with the Services including mobile apps and Customer’s use of them. To the fullest extent permitted by applicable law, Pimento parties makes no warranties or representations that the Services have been or will be provided with due skill, care and diligence or about the accuracy or completeness of the Services content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury of property damage, of any nature, whatsoever, resulting from Customer’s access to and use of the services, (iii) any unauthorized access to or use of  server and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Services, through the action of an third party,(v) any loss of Customer’s data or Content from the Services and/or, (vii) an errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.

vi) Any material downloaded or otherwise obtained through the use of the Services is done at Customer’s own discretion and risk and the Customer will be solely responsible for any damages to Customer’s computer system or other device or loss of data that results from the download of any such materials. The Pimento Parties will not be a party to or in any way be responsible for monitoring any transaction between the Customer and third-party providers of products or services.

vii) Advertisement : 

The Customer must agree to the advertisements that may be placed by the  Platform on the Service as some of the Services are supported by advertising revenue and may display advertisements and promotions. Pimento will not be responsible or liable for any errors or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser(s) on the platform and mobile application.

viii) Limitation of liability: 

To the fullest extent permitted by applicable law, in no event shall Pimento be liable to Customer for any damages resulting from aforementioned points no. (i) to (vii) including but not limited to liability arising out of the (i) disclosure of information pursuant to these terms or Pimento’s Privacy Policy; (ii) if the Customer fails to keep his/her password or account details secure and confidential, and/or (iii) loss or damage which may be incurred by the Customer, including but not limited to loss or damage as a result of reliance placed by the Customer on the completeness, accuracy or existence of any advertising, or a result of any relationship or transaction between the Customer and any advertiser or sponsor whose advertising appears on the Services, and/or delay or failure in performance resulting from causes beyond Pimento’s reasonable control. In no event shall the Pimento Parties be liable to the Customer for indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however, caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

ix) Indemnification: 

The Customer agree to indemnify, defend, and hold harmless the Pimento Parties from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with (i) Customer’s Content (ii) Customer’s unauthorized use of the Services or products or services included or advertised in the Services (iii) Customer’s access to Service (iv) Customer’s violation of any rights of another (v) Customer’s breach of terms and conditions including but not limited to, any infringement by the Customer of the copyright or intellectual property rights of any third party. The Pimento retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against the Pimento. The Pimento reserve the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify Pimento and the Customer agree to cooperate with Pimento’s defense of these claims. Pimento will use reasonable efforts to notify the Customer of any such claim, action or proceeding upon becoming aware of it.

The Customer can delete his/her account at any time contacting the Pimento via contact us link at the bottom of every page. The Pimento may terminate Customer’s use of the Services and deny access to the Services in Pimento’s sole discretion for any reason or no reason, including Customer’s: (i) violation of terms and conditions of this Agreement (ii) lack of use of the Services. The Customer must agree that any termination of Customer’s access to the Services may be effected without prior notice and acknowledge and agree that Pimento may immediately deactivate or delete the account and all related information and/or bar any further access to Customer’s account or the Services. Further, the Customer must agree that Pimento shall not be liable to the Customer or any third party for the discontinuation or termination of Customer’s access to the Services.

xi) Addendum: 

The Pimento should be at the liberty vary or amend or change or update the terms and conditions, from time to time entirely at its own discretion. The Customer shall be responsible for checking the terms and conditions from time to time and ensure continued compliance with the said terms and conditions. Customer’s usage of WEBSITE shall be deemed as express acceptance to such amended/changed terms and the Customer agrees to be bound by such changed/amended Terms and Conditions. The Customer may be required to install certain upgrades or updates to the software in order to continue access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the term and conditions shall be considered part of the Services.

xii) Other terms:

Such as Interpretation, Waiver, Entire Agreement, Severability, Partnership Agency, etc. Governing Law, Jurisdiction, Dispute Resolution, etc. shall form part of this Agreement.