Terms And Conditions

By making a purchase or accessing the Website of Biryani By Kilo ('Restaurant') parent company Sky Gate Hospitality Pvt. Ltd., you agree to the following Terms and Conditions. It is your own responsibility to ensure that you are fully aware of all of these Terms and Conditions when making a purchase on biryanibykilo.com ('Website').

TERMS OF USE

Please read the following terms and conditions very carefully as your use of Biryani By Kilo website biryanibykilo.com and services offered by Biryani By Kilo are subject to your acceptance of and compliance with the following terms and conditions.

By browsing, accessing, subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the services. In these terms, references to 'Website' shall mean the Biryani By Kilo website, 'you', 'user' shall mean the end user accessing the Website, its contents and using the services offered through Biryani By Kilo, 'Service Providers' mean independent third party service providers, and 'we', 'us'; and 'our' shall mean Biryani By Kilo and its affiliates.

Biryani By Kilo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms, Biryani By Kilo grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the website and services offered by Biryani By Kilo.

USER ACCOUNT AND REGISTRATION TERMS

Registering at Biryani By Kilo is free service and you will receive a username and password upon completing the website's registration process or completing a transaction. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account.

You agree to
(a) Immediately notify Biryani By Kilo of any unauthorized use of your account or any other breach of security, and (b) Ensure that you exit from your account at the end of each session. Biryani By Kilo cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Biryani By Kilo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Biryani By Kilo has the right to indefinitely suspend or terminate or block access of your membership with Biryani By Kilo and refuse to provide you with access to the website. If you are a non registered user you agree that upon reviewing the order at the website a user account will be auto created for you and the access to the same will be communicated to your email address provided.

COMMUNICATIONS

When you use the website or send emails or other data, information or communication to Biryani By Kilo, you agree and understand that you are communicating with Biryani By Kilo through electronic records and you consent to receive communications via electronic records from Biryani By Kilo periodically, as and when required. Biryani By Kilo may communicate with you by email, sms, telephone or by such other mode of communication, electronic or otherwise. Your use of the website entitles you to receive periodic communication regarding Biryani By Kilo services through email, sms, telephone or by such other mode of communication, electronic or otherwise. If you wish to not receive periodic informational communication from Biryani By Kilo you can unsubscribe to the communication through your account settings or you can visit this link LINK

ACCEPTANCE OF PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Biryani By Kilo in respect of the website. The user further consents that the terms and contents of such a Privacy Policy are acceptable to him.

USER CONDUCT & RULES

Terms of Use

You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within Biryani By Kilo. You will indemnify, defend and hold harmless Biryani By Kilo and its owner, licensee, affiliates, and their respective officers, directors and employees from and against any and all liabilities, claims, costs and damages, (including legal fees and disbursements in connection therewith and interest chargeable thereon) result from any breach of this Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party.

GOVERNING LAW

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.

GENERAL:

Restaurant is owned by Biryani By Kilo ('We/Us'). We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the Website and it shall be your responsibility to read the Terms and Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.

You agree to

(a) Immediately notify Biryani By Kilo of any unauthorized use of your account or any other breach of security, and

(b) Ensure that you exit from your account at the end of each session. Biryani By Kilo cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Biryani By Kilo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Biryani By Kilo has the right to indefinitely suspend or terminate or block access of your membership with Biryani By Kilo and refuse to provide you with access to the website.

If you are a non registered user you agree that upon reviewing the order at the website a user account will be auto created for you and the access to the same will be communicated to your email address provided.

YOUR INFORMATION:

PERSONAL INFORMATION: We collect personally identifiable information that you may voluntarily provide on online forums, which may include user details, feedbacks, comments, online surveys etc. This aforementioned personally identifiable information (Personal Information) collected on our Website can include your name, company name, address, telephone number, email addresses. All information shared by you on our Website is treated as confidential and is kept secure.

NECESSARY INFORMATION: Please note that we only store necessary information required to make a purchase through our Website and we take care not to disclose your Personal Information to any third party without your consent. During the time of signing up, you have the option of opting in for our newsletters, future offers etc. Signing up for this service would entitle us to save your Personal Information for the intended purposes only.

ONLINE PAYMENT: If you chose to pay online through various methods allowed by our Website, we assure you that we do not save any information related to your credit/debit cards or passwords. All the information you provide is processed through a secure server.

USING THE WEBSITE:

1. Products and services displayed on the Website do not constitute an offer to sell. Orders placed by you are offers to purchase particular product under these Terms and Conditions at the price specified (including delivery and other charges).

2. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.

3. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.

4. You agree not to access the Website through any other interface than provided by us to you.

5. You agree that your use of the Website is a limited license granted by us. We reserves a right to discontinue your account without providing you any reason thereof.

6. You agree that you are solely responsible for your account details and to keep your password secure. If you suspect any misuse through your account, you are required to inform us in writing immediately.

PRIVACY POLICY:

Our Privacy Policy has been presented in detail on our Website. Please review our Privacy Policy before signing up for using our Website. Our Privacy Policy would allow you to fully understand our practices.

PRICES:

All Prices declared on the Website are exclusive of taxes. Please verify the total payable amount during checkout before placing the order. Our prices are liable to change anytime without notifying you. You shall be responsible for full payment of the order received by you. All charges payable shall be displayed on the Website, no extra charges would be application for these services.

PAYMENT:

You are allowed to choose between various payments options while placing an order on the Website. You agree to use your own debit/credit card or bank details for transaction. We would not be responsible for misuse of your card if all the security checks are verified. You agree that the methods of payment may be updated from time to time on the Website. You agree to review the same and use our Website and suitable payment option accordingly.

Refund Processing Timelines

For any payment fail or cancel orders refunds may take up to 5 - 7 Business days

DELIVERY OF YOUR ORDER:

The logistics of delivery shall be handled by us. At the time of placing an order, an estimated time of delivery depending on your location would also be shared with you along with a contact number for tracking status of your order. Please note that we work our best to ensure that you receive your order as fast as we can but sometimes due to external factors like traffic, strikes etc., your order might take a while longer.

CANCELLATION AND CHANGES:

Please note that all orders shall be considered confirmed unless you cancel the order before it is dispatched to you. You need to call us in order to cancel your order or to change your order before its dispatch. There are no cancellation charges if you cancel your order in the given timelines. All the communications will be shared with you on your registered mobile number or email id.

COMPLAINTS AND REFUND:

You can contact us at the phone number provided to you while placing the specific order or email us at with complete details of the complaint encountered by you. We shall try to fix the issue amicably.

However if there is any legal dispute, then such dispute shall be handled by a sole arbitrator appointed by us under Arbitration and Conciliation Act, 1996. The language of Arbitration shall be English only and the location shall be Gurgaon.

LICENSE:

You agree that your usage of the Website is a limited license to place an order using the Website. This license is to access the Website for personal use. You are not authorized to modify or download any portion of the Website without written consent of us. You do not have commercial license to use this Website. No part of this Website shall be used by you for any commercial purpose without written consent from us.

INTELLECTUAL PROPERTY RIGHTS:

We, our logo and content displayed on our Website is exclusive intellectual property of ours. We have copyright over its unique software and compilation used in working of this Website. You shall not reproduce any portion of the Website for any use, whether commercial or personal, without express written consent from us.

No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of us and our affiliates without our express written consent.

Meta-tags: You may not use any metatags or any other 'hidden text' utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us to you forthwith and would further attract legal action against the violator.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:

1. Nature of content: You may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.

2. False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.

3. Rights Granted: If you post content or submit material, you grant us a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant us and our affiliate sites and sub-license the right to use the name that you submit in connection with such content.

4. Right Owned: You represent and warrant that you own all the rights or otherwise or control of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify us or our affiliate for all claims resulting from the content you supply.

We reserve the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party on their Website.

PRODUCT DESCRIPTION

We and our affiliates attempt to be as accurate as possible. However, we make no warranties that the product description and any other content of its Website is accurate, complete, reliable, current and error free.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.

GOVERNING LAW AND JURISDICTION:

These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at New Delhi, India shall have jurisdiction, to the exclusion of all other courts.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

1. This Website is provided by us on an 'as is' and 'as available' basis.

2. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products shown on this Website. You expressly agree that your use of this Website is at your sole risk.

3. To the full extent permissible by applicable law, we disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

4. The images shown on Website are only indicative in nature & the actual product may vary in size, colour etc.

5. We do not warrant that the Website, its servers, or email sent from them are free of virus or other harmful components. We will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

 

Payment Terms

Privacy Policy

All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

Biryani by Kilo parent company Sky Gate Hospitality Pvt. Ltd. is committed to respecting the privacy of every person who shares information with BBK. Your privacy is important to us and we strive to take reasonable care and protection of the information we receive from you, the User. In this regard, we adhere to the various governing laws in India and internationally, including the General Data Protection Regulations 2018 of the European Union (“GDPR”). This Privacy Policy (“Privacy Policy”) applies to the collection, storage, processing, disclosure and transfer of your Personal Information (defined below) as per the above mentioned laws, particularly when you use the website of https://www.biryanibykilo.com/ (“Website”) operated by BBK for any information or services (“Services”). The terms ‘You’ or ‘Your’ refer to you as the User (registered or unregistered) of the Website and/or Services and the terms ‘We’, ‘Us” and ‘Our’ refer to Biryani by Kilo.

1. ACCESS

We collect Your Personal Information directly from You, from third-parties and automatically through the Our Website and APP. This Personal Information, for instance, would relate to the type of device You are using, the time that You have logged on to Our Website, Your IP address and other Personal Information as listed in Clause 4 below. You may access the Personal Information shared by You with Us, in the manner given below. You can further choose to share additional Personal Information with Us, by writing to Us on Our below mentioned email id. We keep in mind that the Personal Information shared by You is accessible to You. You can write to Us on the below mentioned email id in Clause 15.1.

2. CONSENT

1. By choosing the Opt-In option on the Website and thereafter, by providing Us Your personal information or availing services of BBK or by making use of the facilities provided by the Website, it is agreed by You that You have, freely consented to the collection, storage, processing, disclosure and transfer of Your Personal Information in accordance with the provisions of this Privacy Policy, GDPR and any amendments thereof.

2. You acknowledge that You have provided Your Personal Information out of your free will and after understanding how it will be used. You also consent that the collection, storage, processing, disclosure and transfer of any Personal Information shall not cause any wrongful loss to You, if it is done in accordance with the provisions of this Privacy Policy. However, we shall not be liable for any loss that may happen to you owing to the provision of wrongful Personal Information by You.

3. CONTROL OVER YOUR PERSONAL INFORMATION

1. You have the right to withdraw Your consent at any point, provided such withdrawal of the consent is intimated to us in writing through an email at contact@biryanibykilo.com requesting the same. If You wish to rectify the Personal Information that we may have collected to offer You personalized services and offers, as per Clause 12 of this Policy, you may write to the Grievance Officer, as mentioned under Clause 15.1 of this Policy, citing the reason for such rectification of Personal Information.

2. Once You withdraw Your Consent to share the Personal Information collected by Us, We shall have the option not to fulfill the purposes for which the said Personal Information was sought and We may restrict you from using our Services or the Website.

3 EU Users can also write to us at the email address mentioned below in Clause 15.1 of this Privacy Policy to exercise their rights as per the GDPR.

4. CHANGES TO THE PRIVACY POLICY

1 We may update this Privacy Policy from time to time with or without advance notice. There is a tab at the end of the Privacy Policy which indicates when the Privacy Policy was last updated.

5. PERSONAL INFORMATION COLLECTED

The kinds of information that We collect about You include but are not limited to the following:

Full Name

Gender

Address (including city, country and pin/postal code)

Phone number/mobile number

Email address

6. HOW WE COLLECT PERSONAL INFORMATION

The methods by which we collect your Personal Information include but are not limited to the following:

By filling the app and website sign-up form,

When You use the features on Our Website and app.

When you provide access to any other website.

By the use of cookies (more fully detailed in Clause 9 of this Privacy Policy).

7. USE OF PERSONAL INFORMATION

Your Personal Information may be used for various purposes including but not limited to the following:

To provide effective Services

To operate and improve the Website, app and/or our Services;

To perform studies, research and analysis for improving Our information, analysis, services and technologies; and ensuring that the content displayed are customized to Your interests and preferences;

To contact You via phone, SMS, WhatsApp or email for order information, technical issues, deals and offers and other announcements;

To send promotional mailings from Us or any of Our channel partners via SMS, WhatsApp, email.

To advertise products and services of BBK and third parties;

To transfer information about You if we are acquired by or merged with another company;

To share with our business partners for provision of specific services you have ordered so as to enable them to provide effective services to You;

To administer or otherwise carry out Our obligations in relation to any agreement You have with us;

To build your profile on the Website;

To respond to subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims; and

To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms of Use, breach of Our agreement with you or as otherwise required by law,

To aggregate Personal Information for research, statistical analysis and business intelligence purposes, and to sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates, (referred to as “Purpose(s)”)

8. SHARING AND TRANSFERRING OF PERSONAL INFORMATION

1. Once you have freely consented to share your Personal Information with us, You authorize us to exchange, transfer, share, part with all or any of Your Personal Information, across borders and from Your country to any other countries across the world with the Cloud Service Provider and Our affiliates / agents / third party service providers / partners / banks and financial institutions or any other persons, for the Purposes specified under this Policy or as may be required by applicable law.

2. You acknowledge that some countries where we may transfer Your Personal Information may not have data protection laws that are as stringent as the laws of Your own country. You acknowledge that it is adequate that when BBK transfers Your Personal Information to any other entity within or outside Your country of residence, BBK will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

9. USE OF COOKIES

We may store temporary or permanent ‘cookies’ on your computer. You can erase or choose to block these cookies from your computer. You can configure your computer's browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you have turned cookies off, you may be prevented from using certain features of the Website. In the course of serving advertisements or optimizing services to its Users, BBK may allow authorized third parties to place or recognize a unique cookie on the User’s browser/device. BBK does not store personally identifiable information in the cookies. Further, BBK does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on Your computer, collect data or solicit personal information from You, for which BBK is not responsible or liable. BBK encourages You to read the privacy policies of all external sites.

10. SECURITY

1. The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures including role-based access, password protection, encryption etc. to ensure that the Personal Information collected is secure. We restrict access to your Personal Information to Our and Our affiliates’ employees, agents, third party service providers, partners, and agencies on a need to know basis and in relation to the Purposes as specified above in this Policy.

2. While We will endeavor to take all reasonable and appropriate steps to keep secure any information which We hold about You and prevent unauthorized access, You acknowledge that the internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by Us in relation to your Personal Information.

11. THIRD PARTY REFERENCES AND LINKS

1. During Your interactions with Us, it may happen that We provide/include reference to third parties, and/or links and hyperlinks of third party websites. It may also happen that you include links and hyperlinks of third party websites. The reference of such third parties or listing of such third party external sites (by You or by Us) does not imply endorsement of such party or site by BBK. Such third parties and third party sites are governed by their own terms and conditions. We do not make any representations regarding the availability and performance of any of the third parties or third party sites. We are not responsible for the content, terms of use, privacy policies and practices of such third party websites.

2. Do-not-track requests There is no standard for how online service should respond to “Do Not Track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services. Therefore, we do not honor “Do Not Track” signals. As standards develop, we will revisit this issue and update this notice if our practices change.

12. RECTIFICATION/CORRECTION OF PERSONAL INFORMATION

1. If You need to update or correct your Personal Information, you may send updates and corrections to us at contact@biryanibykilo.com and we will take all reasonable efforts to incorporate the changes within a reasonable period of time.

13. COMPLIANCE WITH LAWS

You are not allowed to use the services of the Website & APP if any of the terms of this Privacy Policy are not in accordance with the applicable laws of your country.

14. TERM OF STORAGE OF PERSONAL INFORMATION

1. BBK shall store Your Personal Information at least for a period of three years from the last date of use of the Services or Website or for such period as may be required by law.

15. GRIEVANCE OFFICER

1. We have appointed a Grievance Officer to address any concerns or grievances that You may have regarding the processing of Your Personal Information. If you have any such grievances, please write to our Grievance Officer at grievance contact@biryanibykilo.com and Our officer will attempt to resolve Your issues in a timely manner.

Terms and Conditions

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of India.

India is our country of domicile.

Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

Method of Payment

We accept payments online using Visa and MasterCard credit/debit card in Indian Rupees.

Delivery/Shipment Policy

biryanibykilo.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of India.

Multiple shipments/delivery may result in multiple postings to the cardholder's monthly statement.

Refund & Cancellation Policy

Refunds will be done only through the Original Mode of Payment.