PICKFOO PRIVATE LIMITED — Governing Use of the Pickfoo App & Website
Terms & Conditions
Effective Date: 1 May 2025 | Last Updated: 5 May 2025
1. Introduction & Acceptance
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Pickfoo Private Limited ("Pickfoo", "we", "us", or "our"), a company incorporated under the laws of India, with its registered office at Mananthavady, Wayanad, Kerala.
By downloading, installing, accessing, or using the Pickfoo mobile application or website (collectively, the "Platform"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.
These Terms apply to all categories of users of the Platform, including:
- Customers placing food orders ("Customers")
- Restaurant and food business partners listing their menus on Pickfoo ("Restaurant Partners")
- Delivery personnel fulfilling orders ("Delivery Partners")
Pickfoo reserves the right to amend these Terms at any time. Continued use of the Platform after any changes constitutes acceptance of the revised Terms. We will notify users of material changes via the app or registered email.
2. Eligibility & Account Registration
2.1 Eligibility
To use the Pickfoo Platform, you must:
- Be at least 18 years of age, or have the consent of a parent or legal guardian
- Be a resident of India
- Have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872
- Not be prohibited from using the Platform under applicable law
2.2 Account Registration
You must create an account to place orders or access certain features. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your login credentials confidential and not share them with any third party
- Notify us immediately at contact@pickfoo.in if you suspect unauthorised access to your account
You are solely responsible for all activity that occurs under your account. Pickfoo shall not be liable for any loss or damage arising from your failure to maintain account security.
2.3 Social Sign-In
You may register or log in using third-party social accounts (e.g., Google, Facebook). By doing so, you authorise Pickfoo to access certain information from those platforms as permitted by your privacy settings on those services. Your use of social sign-in is also governed by the terms of the respective third-party platform.
3. The Pickfoo Platform & Services
3.1 Nature of Services
Pickfoo is a technology-enabled food delivery marketplace that connects Customers with Restaurant Partners and Delivery Partners. Pickfoo acts as an intermediary platform and is not itself a food manufacturer or restaurant. The actual sale of food items is a transaction between the Customer and the Restaurant Partner.
3.2 Service Availability
The Platform and its services are available only in areas where Pickfoo operates. We reserve the right to:
- Modify, suspend, or discontinue any part of the Platform at any time without prior notice
- Restrict access to certain features or geographic areas
- Limit the number of orders accepted during peak periods or adverse weather conditions
3.3 Restaurant Partner Listings
Menu items, prices, availability, preparation times, and restaurant details displayed on the Platform are provided by Restaurant Partners. Pickfoo does not independently verify the accuracy of all such information. We endeavour to keep listings updated but cannot guarantee that all information is current at all times.
4. Placing Orders
4.1 Order Process
When you place an order on Pickfoo:
- You are making an offer to purchase the selected items from the Restaurant Partner
- The order is confirmed once you receive an in-app or email confirmation
- Pickfoo will transmit your order to the Restaurant Partner for preparation
- A Delivery Partner will be assigned to collect and deliver your order
4.2 Minimum Order Value
Each Restaurant Partner may set a minimum order value that must be met before an order can be placed. The applicable minimum order value will be displayed on the restaurant's page prior to checkout.
4.3 Order Accuracy
You are responsible for reviewing your order carefully before confirming it. Once an order is confirmed and accepted by the Restaurant Partner, modifications may not be possible. Please contact our support team immediately at contact@pickfoo.in if you notice an error.
4.4 Delivery Time
Estimated delivery times displayed on the Platform are indicative only and may vary due to factors including but not limited to traffic conditions, weather, order volume, and restaurant preparation time. Pickfoo does not guarantee delivery within any specific timeframe.
5. Delivery
5.1 Delivery Fee
A delivery fee is charged on each order. The fee is calculated dynamically based on the distance between the restaurant and your delivery address and will be clearly displayed at checkout before you confirm your order. The delivery fee is subject to change and may vary based on demand, time of day, and location.
5.2 Delivery Address
You are responsible for providing a complete, accurate, and accessible delivery address. Pickfoo and our Delivery Partners are not liable for failed or delayed deliveries resulting from incorrect or incomplete address information provided by you.
5.3 Undeliverable Orders
If a Delivery Partner is unable to contact you or locate your address after reasonable attempts, the order may be marked as undeliverable. In such cases, refunds will be handled in accordance with our Cancellation & Refund Policy in Section 7. Pickfoo reserves the right to recover delivery costs for undeliverable orders caused by Customer error.
5.4 Contact-Free Delivery
Where you select a contact-free or safe drop delivery option, you acknowledge that Pickfoo and the Delivery Partner shall not be liable for any loss or damage to the order once it has been left at the designated location.
6. Payments
6.1 Accepted Payment Methods
Pickfoo accepts the following payment methods:
- Online payments via debit cards, credit cards, UPI, net banking, and other methods supported by our payment gateway partners (including Razorpay or PayU)
- Pickfoo Wallet credits earned through promotions, referrals, or refunds
6.2 Payment Processing
All online payments are processed by third-party payment gateway providers. Pickfoo does not store your card or bank account details on its servers. By making a payment, you agree to the terms of the applicable payment gateway. Pickfoo is not responsible for errors or failures caused by the payment gateway.
6.3 Pickfoo Wallet
Pickfoo may offer a digital wallet ("Pickfoo Wallet") to store credits earned through promotions, referrals, cashback, or refunds. The following conditions apply to the Wallet:
- Wallet credits have no cash value and cannot be withdrawn or transferred to a bank account
- Credits may have an expiry date, which will be communicated to you at the time of crediting
- Wallet credits can only be used for orders on the Pickfoo Platform
- Pickfoo reserves the right to modify, suspend, or terminate the Wallet feature at any time
- Credits obtained through fraudulent means will be forfeited without notice
6.4 Pricing & Taxes
All prices displayed on the Platform are in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise. Pickfoo reserves the right to change prices at any time. The price applicable to your order will be the price displayed at the time of checkout.
6.5 Failed Transactions
If a payment fails after an order is placed, the order will not be confirmed. In rare cases where an amount is debited but the order is not confirmed, the amount will be refunded to the original payment method within 5–7 business days, subject to the policies of your bank or payment provider.
7. Cancellation & Refund Policy
7.1 Cancellation by Customer
You may cancel an order before it is accepted and preparation has begun by the Restaurant Partner. Once a Restaurant Partner has accepted and begun preparing your order, cancellation may not be possible. Cancellation eligibility will be indicated in the app at the time of your request.
7.2 Cancellation by Pickfoo or Restaurant Partner
Pickfoo or a Restaurant Partner may cancel an order in circumstances including:
- The ordered item(s) are unavailable
- The delivery address is outside our serviceable area
- The Restaurant Partner is unable to fulfil the order due to operational reasons
- Suspected fraudulent or invalid order
In such cases, you will receive a full refund to your original payment method or Pickfoo Wallet, as applicable.
7.3 Refund Policy
Refunds at Pickfoo are handled on a partial basis depending on the nature of the issue. The following guidelines apply:
- Wrong item delivered: Partial or full refund, or replacement, at Pickfoo's discretion
- Missing items in order: Refund for the missing item(s) only
- Poor food quality or packaging issue: Partial refund or Wallet credit, subject to review
- Order not delivered: Full refund to original payment method or Wallet
- Delayed delivery beyond a reasonable threshold: Partial refund or compensation credit, at Pickfoo's discretion
- Customer change of mind after preparation has begun: No refund applicable
All refund requests must be raised within 24 hours of the order delivery time through the app or by contacting contact@pickfoo.in. Requests submitted after this period may not be considered. Pickfoo's decision on refunds is final. For more detail, see our Refund Policy.
7.4 Refund Processing Time
Approved refunds will be processed within 5–7 business days to the original payment method, or immediately to your Pickfoo Wallet if you choose that option.
8. Promotional Codes & Loyalty Credits
8.1 Promotional Codes
Pickfoo may issue promotional codes ("Promo Codes") offering discounts or other benefits. Promo Codes are subject to the following conditions:
- Each Promo Code is valid for a limited time and may be subject to a minimum order value
- Promo Codes can only be applied at checkout and cannot be applied retrospectively
- Only one Promo Code may be applied per order unless otherwise stated
- Promo Codes are non-transferable and have no cash value
- Pickfoo reserves the right to withdraw or modify any Promo Code at any time without notice
- Any attempt to misuse, duplicate, or fraudulently obtain Promo Codes will result in account suspension
8.2 Loyalty Credits & Referral Programme
Pickfoo may offer a loyalty or referral programme through which you can earn Wallet credits. Participation in any such programme is subject to its specific terms as communicated in the app. Pickfoo reserves the right to modify or discontinue the programme at any time. Credits earned through referrals will be issued only upon the successful completion of the referred user's first qualifying order.
9. Restaurant Partner Obligations
Restaurant Partners who list their services on Pickfoo agree to:
- Provide accurate and up-to-date menu information, including item descriptions, prices, allergen information, and availability
- Prepare food in accordance with applicable Food Safety and Standards Authority of India (FSSAI) regulations and maintain all required licences
- Accept and fulfil orders in a timely manner
- Maintain hygiene and food safety standards as required by law
- Not misrepresent the quality, quantity, or nature of food items listed
- Cooperate with Pickfoo in resolving Customer complaints related to their orders
Pickfoo reserves the right to suspend or remove any Restaurant Partner from the Platform for non-compliance with these obligations or our partner agreements.
10. Delivery Partner Obligations
Delivery Partners operating on the Pickfoo Platform agree to:
- Maintain a valid driving licence, vehicle registration, and insurance as applicable
- Handle all orders with care to ensure food arrives in good condition
- Behave professionally and respectfully towards Customers and Restaurant Partners
- Comply with all applicable traffic laws and road safety regulations
- Not carry additional passengers or goods during an active delivery
- Report any accidents, incidents, or disputes to Pickfoo immediately
Delivery Partners are independent contractors and not employees of Pickfoo. Pickfoo is not liable for the acts or omissions of Delivery Partners beyond what is expressly provided in these Terms.
11. Prohibited Conduct
Users of the Platform must not:
- Provide false, misleading, or fraudulent information during registration or ordering
- Use the Platform for any unlawful purpose or in violation of applicable Indian law
- Harass, abuse, or threaten Pickfoo staff, Delivery Partners, or Restaurant Partners
- Attempt to gain unauthorised access to the Platform or other users' accounts
- Reverse engineer, copy, or reproduce any part of the Platform without written consent
- Post or transmit any content that is defamatory, obscene, or harmful
- Manipulate ratings, reviews, or feedback through dishonest means
- Use automated tools, bots, or scripts to interact with the Platform
- Exploit promotions or referral programmes in a manner not intended by Pickfoo
Violation of these prohibitions may result in immediate account suspension, termination, and/or legal action as appropriate.
12. Intellectual Property
All content on the Pickfoo Platform, including but not limited to the Pickfoo name and logo, app design, graphics, text, software, and user interface elements, is the exclusive property of Pickfoo Private Limited or its licensors and is protected by applicable Indian and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for personal, non-commercial purposes in accordance with these Terms. You must not:
- Reproduce, distribute, modify, or create derivative works of any Platform content
- Use Pickfoo's trademarks, logos, or branding without prior written permission
- Frame or mirror any part of the Platform on another website or application
13. Limitation of Liability & Disclaimers
13.1 Platform "As Is"
The Pickfoo Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or uninterrupted availability.
13.2 Limitation of Liability
To the maximum extent permitted by applicable law, Pickfoo shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Food quality, hygiene, or safety issues arising from Restaurant Partner preparation
- Delays caused by traffic, weather, or other circumstances beyond our control
- Losses arising from unauthorised access to your account due to your failure to maintain security
- Interruptions, errors, or failures in third-party payment services
Our total aggregate liability to you for any claim arising out of or in connection with the Platform shall not exceed the total amount paid by you for the specific order giving rise to the claim.
13.3 Indemnification
You agree to indemnify, defend, and hold harmless Pickfoo, its directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any third-party rights.
14. Grievance Redressal
In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, Pickfoo has designated a Grievance Officer to address user complaints:
Grievance Officer
Pickfoo Private Limited
Mananthavady, Wayanad, Kerala, India
Email: contact@pickfoo.in
We will acknowledge your grievance within 48 hours and endeavour to resolve it within 30 days of receipt.
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any services provided by Pickfoo shall first be attempted to be resolved through good-faith negotiation.
If a dispute cannot be resolved through negotiation within 30 days, it shall be subject to the exclusive jurisdiction of the courts at Wayanad, Kerala, India.
16. Termination of Account
Pickfoo reserves the right to suspend or permanently terminate your account and access to the Platform at any time, with or without notice, for reasons including but not limited to:
- Breach of any provision of these Terms
- Fraudulent activity or misuse of the Platform
- Non-payment or repeated chargebacks
- Conduct that is harmful to other users, partners, or Pickfoo
You may also delete your account at any time through the app settings or by contacting us at contact@pickfoo.in. Upon account deletion, your personal data will be handled in accordance with our Privacy Policy.
17. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pickfoo regarding your use of the Platform.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure by Pickfoo to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Pickfoo may assign its rights without restriction.
- Force Majeure: Pickfoo shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, government actions, internet outages, or pandemics.
- Language: These Terms are written in English. In the event of any conflict with a translated version, the English version shall prevail.
18. Contact Us
For any questions, concerns, or feedback regarding these Terms and Conditions, please reach out to us:
Pickfoo Private Limited
Mananthavady, Wayanad, Kerala, India
Email: contact@pickfoo.in
By using the Pickfoo Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.