Best food Ordering app
Terms of Use
These terms of use (the “Terms of Use”) govern your use of our website www.NightOwl.com (the “Website”) and our “NightOwl” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform.” Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading, or even merely using the Platform, you shall be contracting with NightOwl, and you signify your acceptance to this Terms of Use and other NightOwl policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform and create a legally binding arrangement to abide by the same.
The Platform is owned and operated by Riwaltech Private Limited, a private limited company incorporated under the Companies Act, 1956, and having its registered office at No.55, Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru – 560103, Karnataka, India. For the purpose of these Terms of Use, wherever the context so requires, “you”, “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms “NightOwl”, “we”, “us”, or “our” shall mean Riwaltech Private Limited.
NightOwl enables transactions on its Platform between participating restaurants/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from a variety of products and services listed and offered for sale by various merchants, including but not limited to restaurants, eateries, and grocery stores (“Merchant/s”), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
NightOwl enables the delivery of such Orders or completion of Tasks at select localities of serviceable cities across India (“Delivery Services”) by connecting third-party service providers, i.e., pick-up and delivery partners (“PDP”), who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as “Services.” For both Platform Services and Delivery Services, NightOwl is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.
PDPs are individual entrepreneurs engaged with NightOwl on a voluntary, non-exclusive, and principal-to-principal basis to provide the aforementioned services for a service fee. PDPs are independent contractors and are free to determine their timings of work. NightOwl does not exercise control on the PDPs, and the relationship between the PDPs and NightOwl is not that of an agent and principal or employee and employer.
For the pick-up and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants) a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors, including but not limited to distance covered, time taken, demand for delivery services/Tasks, real-time analysis of traffic and weather conditions, seasonal peaks, or such other parameters as may be 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 NightOwl policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself on such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other NightOwl policies and noting the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other NightOwl policies. As long as you comply with these Terms of Use, NightOwl 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 accept and agree to be bound by the other terms and conditions and NightOwl policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, and Notice and Take Down Policy) as may be posted on the Platform from time to time.
Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services, and after-sales services related to products and services. NightOwl does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. NightOwl may, however, offer support services to Merchants in respect to Order fulfillment, mode of payment, payment collection, call center support, and other ancillary services, pursuant to independent contracts executed by NightOwl with the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and NightOwl has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her shall constitute a separate contract for services between Merchants/Buyers and PDPs. NightOwl shall not be responsible for the services provided by PDP to Merchants/Buyers through the Platform. NightOwl may, however, offer support services to PDPs in respect of Order fulfillment, payment collection, call center support, and other ancillary services, pursuant to independent contracts executed by NightOwl with the PDPs.
NightOwl does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. NightOwl takes no responsibility for such offers.
NightOwl neither makes any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. NightOwl accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
NightOwl does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick-up and delivery services and Task completion services to the Merchants or Buyers, as the case may be.
NightOwl is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, and between Merchants/Buyers and PDP on the Platform. NightOwl cannot and does not guarantee that the concerned Buyers, Merchants, and PDPs will perform any transaction concluded on the Platform. NightOwl is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
NightOwl is operating an online marketplace and assumes the role of facilitator and does not at any point in time during any transaction between Buyer and Merchant and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall NightOwl hold any right, title, or interest over the products, nor shall NightOwl have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant and/or Buyer and PDP.
NightOwl is only providing a platform for communication, and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, NightOwl shall notify the same to the Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Similar to the above, NightOwl is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Merchants/Buyers with the PDP through the Platform. In case of complaints by the Merchants/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, NightOwl shall notify the same to the PDP and also assist Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretenses.
Account Registration
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 use 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 or making us subject to any usage limitations imposed by such third-party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available, and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Platform via your NightOwl Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your NightOwl Account on the Platform.
Please note that if a Third Party Account or associated service becomes unavailable, or our access to such Third Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your NightOwl Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one NightOwl Account and are not permitted to create multiple accounts. NightOwl reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
We reserve the right to suspend or terminate your NightOwl Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users, or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other NightOwl policies.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your NightOwl Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your NightOwl Account.
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.
Order Booking and Financial Terms
The Platform allows Buyers to place Orders, and upon acceptance of such Orders by the Merchants, NightOwl will, subject to the terms and conditions set out herein, facilitate the delivery of goods or services or completion of tasks through PDP.
NightOwl does not own, sell, or resell on its own such products offered by the Merchants, nor does it control the Merchants or the related services provided in connection therewith. The Buyer understands that any Order they place shall be subject to the terms and conditions set out in these Terms of Use, including but not limited to product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs.
As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed. However, upon the Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, the price to be paid, and the estimated delivery time. For this purpose, the Buyer will be required to share certain information with us, including but not limited to the Buyer’s (i) first and last name, (ii) mobile number, and (iii) email address. It shall be the Buyer’s sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and/or email to inform and confirm any changes in the Order, such as availability or unavailability, changes in Order, or changes in the price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that NightOwl reserves the right not to process the Buyer’s Order in the event the Buyer, Merchant, or PDP is unavailable on the phone or any other means of communication at the time we call you to confirm the Order. In such an event, the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to Orders or Services made on the Platform. You can pay by (i) credit card, debit card, or net banking; (ii) any other RBI-approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept, and agree that the payment facility provided by NightOwl is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, receiving payment on delivery, collection, and remittance facility for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the payment facility, NightOwl is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that NightOwl acts as the Merchant’s and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or PDP, your payment obligation to the Merchant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.
The Buyer agrees to pay for the total amount for the Order placed on the Platform. NightOwl will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to the Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with the Buyer’s Order, they will be asked to provide customary billing information such as name, billing address, and credit card information either to us or our third-party payment processor. The Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. The Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If the Buyer is directed to our third-party payment processor, they may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed, you will receive a confirmation email summarizing the confirmed booking.
The final tax bill will be issued by the Merchant and PDP (if registered for tax purposes) to the Buyer along with the Order, and NightOwl is merely collecting the payment on behalf of such Merchant and PDP. All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant and PDP. NightOwl holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant and the PDP.
The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant and are listed based on the Merchant’s information. Very rarely, prices may change at the time of placing the Order due to the Merchant changing the menu price without due intimation, and such price changes are at the sole discretion of the Merchant, attributed to various factors beyond control. Disclaimer: Prices on any product(s) as reflected on the Platform may, due to some technical issue, typographical error, or product information supplied by the Merchant, be incorrectly reflected, and in such an event, the Merchant may cancel the Buyer’s Order(s).
The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers, and in no event shall NightOwl be responsible.
The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and PDP. Therefore, NightOwl is not liable to charge or deposit any taxes applicable on such transactions.
Cancellations and Refunds
Please refer to the Cancellation and Refund Policy for the terms related to cancellations and refunds in relation to the usage of the NightOwl Platform for availing Services.
Terms of Service
The Buyer agrees and acknowledges that NightOwl shall not be responsible for:
The details of the menu and price list available on the Platform with respect to restaurant services, goods, or any other services are based on the information provided by the Merchants, and NightOwl shall not be responsible for any changes, cancellations, or unavailability.
Buyers and Merchants agree and acknowledge that NightOwl is not responsible for any liability arising out of delivery services provided by PDPs.
Buyers may not be able to avail Services if their delivery location is outside NightOwl’s current service area. NightOwl will inform the Buyer at the time of confirming the Order booking.
Buyer understands that the delivery time quoted during Order confirmation is an estimated timeframe and may vary based on information from PDPs and Merchants. NightOwl will not be responsible for any delivery delays.
Buyer understands that some Merchants handle their own delivery of goods and services to the Buyer and may charge for this service. NightOwl has no control over these delivery services, and any disputes arising from them shall be between the Buyer and the Merchant.
Buyer’s Order will be delivered only to the address designated at the time of placing the Order on the Platform. If the delivery address changes after the Order is placed, the Order may be cancelled, and the Buyer shall not be entitled to any refund. The delivery of goods and services to a new location will be subject to the PDP’s or NightOwl’s discretion.
The Buyer is responsible for providing adequate directions, information, and authorization to accept the delivery. If no delivery is made due to any act or omission attributable to the Buyer, the goods or services will be considered delivered, and the Buyer assumes all risk and responsibility without being entitled to a refund.
NightOwl’s liability ends once the Order is delivered to the Buyer, except in cases where the Merchant’s product liability remains.
No Endorsement
We do not endorse any Merchant listed on the Platform. While these Terms of Use require accurate information, we do not verify or confirm the purported identity of any Member or Merchant. We shall not be held responsible for any damage or harm resulting from your interactions with other Members, Merchants, or third parties.
By using the Services, you agree that any legal remedy or liability you seek for actions or omissions by other Members, Merchants, or third parties will be limited to a claim against the specific Member, Merchant, or third party who caused the harm. You agree not to attempt to impose liability on or seek any legal remedy from NightOwl regarding such actions or omissions.
Specific Terms for the Purchase of Pharmaceutical Products
Buyers may use the Platform to purchase various medicines and pharmaceutical products from authorized pharmacy stores. A valid medical prescription issued by a certified medical professional is required to purchase Prescription Drugs from the Merchant through the Platform. To proceed with an order for Prescription Drugs, the Buyer must upload a scanned copy of the valid prescription on the Platform. The Merchant will not process the order until a valid prescription is uploaded, and this prescription will be shared with the Merchant for verification. If the Merchant identifies any discrepancies in the prescription, the order may be rejected.
In addition to the uploaded prescription, the Buyer must present the original prescription at the time of delivery. The PDP will stamp the original prescription upon delivery. If the Buyer fails to provide the original prescription for stamping, the medicines will not be delivered.
The Buyer understands that NightOwl’s Platform serves solely as a technology facilitator, and all medicines and pharmaceutical products are sold by the Merchant. NightOwl is not responsible for any errors, omissions, or actions on the part of the Merchant.
The Buyer agrees not to reuse prescriptions for which medicines have already been dispensed. If a prescription is found to be reused, the order will be canceled immediately. NightOwl will not be held responsible for any adverse effects or harm resulting from such actions.
The Buyer confirms that they are fully aware of the indications, side effects, drug interactions, and consequences of missed doses or overdose of the medicines purchased through the Platform. The Buyer is encouraged to seek professional advice from a medical practitioner before purchasing or consuming any medication.
Both the Merchant and NightOwl may maintain a record of the prescriptions uploaded by the Buyers for verification purposes.
Please refer to the Cancellation and Refund Policy for details on cancellation and refund terms related to pharmaceutical product purchases.
Specific Terms for the Use of Platform for Availing Services of NightOwl Genie
The pick-up and drop-off services are offered solely between the Users and the PDP. NightOwl assumes the role of a facilitator and merely provides a Platform to facilitate pick-up and drop-off services between the PDP and Users. At no point will NightOwl be responsible or liable for any transactions or services offered by the PDP.
The PDP will provide services based on the instructions provided by the User. NightOwl has no control over or involvement in the offering or acceptance of such services.
The User agrees that all details regarding the items for pick-up or drop-off, as well as the pick-up and drop-off locations, are entered by the User on the Platform, and services will be performed based on the details provided. NightOwl will not be held responsible for any issues related to the Task performed by the PDP.
The User agrees not to request the pick-up or drop-off of items that are illegal, hazardous, dangerous, or prohibited under any law, statute, or regulation. This includes, but is not limited to, hazardous materials, dangerous goods, firearms, explosives, narcotics, perishable foodstuffs, high-value items, and more (refer to full list in original terms). NightOwl and the PDP reserve the right to deny service for prohibited or restricted items, and report any illegal activity to law enforcement authorities.
The User is responsible for sending items at their own risk and agrees not to send high-value items through the service. If high-value items are sent, it is the User’s responsibility to insure the items. NightOwl shall not be held liable for any loss or damage to such items during transit.
NightOwl and the PDP have the right to deny service for items that cannot be transferred due to volume or other limitations.
The User acknowledges that the recipient of the items must be available at the drop-off location at the communicated time. If the recipient is unavailable or refuses delivery, the User will receive a Non-acceptance Message. The User will be responsible for any additional costs associated with re-delivery and must pay for the re-transportation of the item. If payment is not made, NightOwl and the PDP may hold the item(s) until the re-delivery cost is paid.
In the event that the User does not take re-delivery of the item(s) in a reasonable time frame, particularly in the case of perishable goods, the User waives all claims to the item(s), and NightOwl and the PDP will not be liable for any loss or damage.
Please refer to the Cancellation and Refund Policy for the terms regarding cancellation and refunds when using the Platform for availing services.
User Terms & Conditions for NightOwl DineOut Services
This document is an electronic record in terms of the Information Technology Act, 2000, and the rules under it, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. The terms and conditions of use and privacy policy that apply to your access or use of NightOwl websites, mobile sites, and applications (collectively, the “Platform”) are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and may be accessed through the hyperlinks provided below on NightOwl Policies.
By accessing or using the Platform, its content, features, and services for making payments and availing offers (as defined below) as part of the NightOwl DineOut Services provided by NightOwl on its Platform (the “DineOut Services”), you will be subject to the terms, guidelines, and conditions applicable to DineOut Services (“T&C”). In this T&C, “NightOwl,” “we,” “us,” or “our” refers to NightOwl, a company providing the DineOut Services, and with whom you are entering into this agreement. For the purpose of this T&C, wherever the context so requires, “you” or “User” shall mean any natural or legal person who is offered by NightOwl to avail its NightOwl DineOut Services on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems.
This T&C incorporates NightOwl’s standard policies, procedures, and terms and conditions for use of the DineOut Services, including: (i) Terms of Use as provided under [https://www.nightowl.com/terms-and-conditions]; (ii) Privacy Policy as provided under [https://www.nightowl.com/privacy-policy]; (iii) and any other policies of NightOwl as may be referenced by name or by links in this T&C or otherwise detailed out in the Platform (collectively, the “NightOwl Policies”).
By accessing or using the DineOut Services or by clicking accept or agree to this T&C,
NightOwl may update, amend, or revise this T&C (including any NightOwl Policies) from time to time. You agree that you will review this T&C and other NightOwl Policies periodically. You are free to decide whether or not to accept a modified version of this T&C and other NightOwl Policies, but accepting this T&C and other NightOwl Policies, as modified, is required for you to continue using the DineOut Services. You may have to click accept or agree to show your acceptance of any modified version of this T&C. If you do not agree to the terms of this T&C or any modified version of this T&C, you must either not use such DineOut Services or terminate your use of the DineOut Services, in which case you will no longer have access to the DineOut Services. Except as otherwise expressly stated by NightOwl, any use of the DineOut Services or availing of certain Offers provided by NightOwl or the onboarded restaurant partners is subject to the version of the T&C in effect at the time of use.
NightOwl DineOut Services
Under the NightOwl DineOut Services, it allows its Users to avail certain offers/benefits from authorized restaurants onboarded by NightOwl on its Platform (“Restaurants”). Such offers can be availed by the User at the time of making payment through the Platform. Payment may be made through the Platform, and the User will be required to confirm with the restaurant that the payment has been cleared.
Upon Users availing the DineOut Services, whether or not as a subscribed member of NightOwl, you will be entitled to avail discounts and offers on the invoiced amount (as defined below) as determined by NightOwl and/or the Restaurant, and you shall pay the invoiced amount via the Platform, as further detailed under Clause 4 (Payment), in accordance with these T&C and other NightOwl Policies.
For the purpose of this T&C, Invoiced Amount shall mean the total amount set out in the bill/invoice raised by the Restaurants for food and beverages ordered by the User at the Restaurants, and shall include applicable taxes, service charge, and other charges as may be applicable. Any discounts applied shall be on the final invoice amount.
The User shall be permitted to access the DineOut Service across different devices using their respective NightOwl account credentials (i.e., username & password).
The offers or benefits shall be extended only if the User makes payment towards the invoiced amount (as defined above) raised by the Restaurants for food and beverages ordered by the User at the Restaurants via the NightOwl Platform.
NightOwl, at its own discretion, may impose certain conditional limits on the number of times such offers or benefits can be availed in a day by such User.
NightOwl, at its own discretion, may impose certain conditional limits on the number of times such offers or benefits can be availed in a day by such User.
Any offers for home delivery may differ from offers or benefits for dine-out.
NightOwl DineOut Services Restaurant Offers
NightOwl will provide DineOut Services to the User through its Platform for the purpose of assisting and offering our Users the ability to make payments and avail discounts and/or other offers/benefits (as applicable) at authorized third-party Restaurant(s), as duly onboarded by NightOwl.
Users with NightOwl DineOut Services will be entitled to avail certain offers and benefits on the invoiced amount, as determined by NightOwl and/or the Restaurant. You shall pay the invoiced amount via the Platform in accordance with these T&C and other NightOwl Policies.
However, we do not guarantee and are not responsible for the performance of the Restaurant (including their personnel or third parties at their premises), the dining services, quality of food or beverage, which are the sole responsibility of the Restaurant. NightOwl is therefore not responsible for the service, eligibility, or termination of the Restaurant. As provided above in these T&C, we may also terminate your use of the DineOut Services and/or your account upon your committing fraud of any kind with regards to your obligation to pay NightOwl or the Restaurant in full for services rendered.
We reserve the right to, at any time without notice, change the terms applicable to DineOut Services, including the value, validity, expiration period, and/or your ability to redeem existing offers or benefits.
Offers are applicable for dine-out only and cannot be used with delivery or take-away.
Prices may vary from the regular menu on special holidays. Please contact the Restaurant directly to confirm the menu on special holidays.
Liability Limitation: Notwithstanding anything otherwise set out herein, NightOwl shall in no manner be liable for any in-person interactions with the Restaurant as a result of the User’s experience at the Restaurant. NightOwl is only acting as a payment gateway platform and shall not be liable for any acts or omissions on the part of the Restaurant, including deficiency in service, quality of food, time taken to serve, or any other experience of the User.
Contact Us: You may write to us at legal@NightOwl.in for any further queries regarding the DineOut Services.
Depending on your city or place of residence, you may be able to avail only certain Offers provided by NightOwl and the relevant Restaurant partner, provided that you strictly comply with all the terms and conditions of NightOwl and the relevant Restaurant partner. For clarity, these Offers shall be subject to additional terms and conditions, such as the details of the Offer, their validity, etc. The terms of these Offers may be modified from time to time. Therefore, prior to availing any Offers, it is your responsibility to review the terms and conditions governing such Offers/benefits provided by NightOwl.
From time to time, NightOwl may run marketing and promotional campaigns offering various Offers and other promotional benefits to be used on the Platform.
General Conditions for Offers:
Offers may not be valid when used in conjunction with other promotions, discounts, or vouchers. Additional terms and conditions may apply to such Offers.
Unless otherwise stated, Offers can only be used on the NightOwl Platform.
Offers and discounts cannot, under any circumstances, be combined with other discounts at the Restaurant, such as (but not limited to) other restaurant promotions, credit card promotions, senior citizen discounts, kids’ meals, pre-discounted set meals, etc.
NightOwl reserves the right to void, discontinue, or reject the use of any Offer without prior notice.
NightOwl may exclude certain Restaurants from the use of Offers at any time without prior notice to you.
Specific Terms for Offers:
Upon ordering meals or beverages from the relevant Restaurants, the User shall make the necessary payments using the various payment methods available on the NightOwl Platform, in accordance with the Invoiced Amount raised by the Restaurants.
The User shall also be liable to pay any additional charges and/or applicable taxes that may apply to the transaction.
Upon fulfilling the payment of the Net Amount via the Platform, the User will be required to show the payment confirmation to the Restaurant or its authorized personnel, or at the relevant billing counter of the Restaurant, to confirm successful payment.
Communications from NightOwl: If you use our Platform and/or Services, NightOwl may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our Privacy Policy.
Personal Information: Users will be required to share certain personal information with NightOwl and/or the Restaurant, including but not limited to their name, phone number, and email address to avail of the Services. You hereby permit NightOwl to share such personal information with the Restaurant for confirming your booking and any other communication relating to the Services or promotions by the Restaurant. NightOwl will use these details in accordance with its Privacy Policy.
Technical Requirements: Use of the Services requires internet access through your mobile device. You are responsible for any mobile carrier data or text message charges incurred while using the Services, including notifications. In order to use text message-based services, you must maintain an active account with a carrier of electronic communications and may not use a prepaid cellular phone. NightOwl does not guarantee compatibility with all devices or support from all mobile carriers.
Modifications of Services: NightOwl reserves the right to modify the Services from time to time, including removing, adding, or modifying portions of the Services or these Terms and Conditions. NightOwl shall not be liable for any of these actions. If you object to any changes, your sole recourse is to cease using the Services. Continued use after changes indicates acknowledgment and acceptance of the new terms.
Intellectual Property Rights: The features, information, and materials provided through the Services are protected by intellectual property laws. All content provided by NightOwl or its partners, including text, images, and videos, is solely for your personal use. No license is granted for any other purpose, and unauthorized use constitutes a material breach of these Terms. NightOwl retains all rights to its content and trademarks.
Termination: NightOwl may suspend or terminate your access to the Services without notice or explanation. Suspensions or terminations may occur if you violate these Terms or any policies. After termination, you may or may not be granted permission to use the Services again. You may discontinue using the Services at any time, and NightOwl will have no liability for any content stored in your account.
Liability Limitations: Except as specified, NightOwl is not liable for any injuries, losses, claims, or damages, whether direct, special, exemplary, or consequential, related to the use of the Platform or Services. NightOwl is not an agent of any Restaurant for which a reservation is made.
Disclaimer of Warranties: The Services are provided “as is” without any warranties. NightOwl does not guarantee that the Services will be uninterrupted or error-free. It is not responsible for delays, interruptions, or issues beyond its control. These disclaimers apply to the maximum extent permitted by law.
Applicable Law & Dispute Resolution: These Terms shall be governed by the laws of India. All disputes will be subject to the exclusive jurisdiction of the courts of Rajasthan.
Third-Party Websites & Services: The Platform may contain links to third-party websites. NightOwl does not control these websites and assumes no liability for them. The inclusion of these links does not imply endorsement.
Release: Restaurants are responsible for their interactions with users. NightOwl is not liable for claims arising from these interactions. Users must resolve any disputes with Restaurants directly.
Severability: If any provision of this Agreement is found to be invalid, the remainder of the Agreement shall remain in full force.
Assignment: Users may not transfer or assign their rights or obligations under these Terms, but NightOwl may transfer them freely.
Waiver: Any delay or waiver by NightOwl in enforcing these Terms does not waive the right to enforce them later.
General:
Access to the Platform, Accuracy, and Security
We endeavour to make the Services available during Merchant or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error-free, free of viruses or other harmful components, or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data, or other property as a result of your download, installation, access to, or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate, or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may, at any time, at our sole discretion, reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
Relationship with Operators if the Platform is Accessed on Mobile Devices
In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed, or in any way linked to any platform operator, including, without limitation, Apple, Google, Android, or RIM Blackberry (each being an “Operator”).
Your download, installation, access to, or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and NightOwl only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third-party terms of agreement when using the Platform (e.g., you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
Disclaimers
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY 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 IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANT’S/ PDP’S SERVICES.
NIGHTOWL DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “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 HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED 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/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING 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 AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property
We are either the owner of 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, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
You recognize that NightOwl is the registered owner of the word mark ‘NightOwl’ and the logo, including but not limited to its variants (IPR), and shall not directly or indirectly, attack or assist another in attacking the validity of, or NightOwl’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR, you shall report the same at brand-protection@nightowl.in with all relevant information.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately 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 and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and 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 / or from third-party sites to the Platform, although we are under no obligation to do so.
Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Itanagar/Yupia, Arunachal Pradesh, India.
IP Notice and Take Down Policy
NightOwl has put in place an IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners can easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and Seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of a Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
Note: NightOwl does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, NightOwl is committed to ensuring that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to NightOwl.
Contact Us
Grievance Officer/Nodal Officer
In accordance with:
The name and contact details of the Grievance Officer/Nodal Officer are provided below:
Mr. Arun Cyril
Riwaltech Private Limited
Reg Office: G Sector, Opposite R K Mission Hospital
Email: admin@nightowl.in
Time: Monday – Friday (9:00 AM – 6:00 PM)
General Terms & Conditions
Membership Acceptance: We reserve the right to accept or refuse membership at our sole discretion.
Communication: We may send you an email or other communication related to NightOwl membership (regardless of any settings or preferences related to your NightOwl account).
Non-transferability: You may not transfer or assign your NightOwl membership or any NightOwl membership benefits, except as allowed in these Terms.
Membership Benefits: From time to time, we may choose, at our sole discretion, to add or remove NightOwl membership benefits.
Delivery Services: The delivery services shall always be provided by the PDP, and all other terms and conditions as enumerated in the Terms of Use are applicable as is.
City and Restaurant Availability: NightOwl reserves the right to offer this NightOwl membership in select cities and on select restaurants, at its sole discretion.
App-Only Membership: NightOwl membership feature is available only on the App.
Free Deliveries: Free deliveries are applicable only on food orders for participating restaurants and on Instamart Orders, subject to minimum order amounts as enumerated herein being met by you.
Device Limit: NightOwl membership can be used only on 2 devices at a time. NightOwl membership is priced for individual and personal usage. Having a 2-device limit reduces the instances of misuse. This will ensure that we are able to serve our members in the most optimal way while still maintaining fair usage within reasonable parameters, making the membership affordable for all consumers and sustainable for NightOwl.
Limitation of Liability
In addition to other limitations and exclusions in NightOwl‘s conditions of use and sale, in no event will we or our directors, officers, employees, agents, or other representatives 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 NightOwl. Our total liability, whether in contract, warranty, tort (including negligence), or otherwise, will not exceed the last membership fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive the cancellation or termination of your NightOwl membership.
All disputes related to this NightOwl membership will be subject to the exclusive jurisdiction of the courts of Rajasthan only.
These Terms and Conditions are co-extensive and concurrent with NightOwl‘s other Terms and Conditions and the Privacy Policy listed on this Platform. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this NightOwl membership and the same need not be expressly repeated herein.