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Thank you for your interest in this application for your mobile device (the “App”) provided to you by Ha Ha Foodworks Pvt. Ltd. (“Happy Hakka,” “we,” “our” or “us”), and our website at www.happyhakka.com (the “Site”), as well as all related websites and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the App and Site, our “Service”). These Terms of Use (these “Terms”), as may updated from time to time, govern your access and use of the Service. These Terms are a legally binding contract between you and Happy Hakka regarding your access to and use of the Service. You may request a copy of these Terms by emailing us at info@happyhakka.com.

PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP OR OTHER PARTS OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SERVICE.

You acknowledge and agree that, as provided in greater detail in these Terms:
the App is licensed, not sold to you, and you may access and use the Service only as set forth in these Terms;

your access and use of the Service may be subject to separate third party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”) and the terms of Apple, Inc. (“Apple”), all of which are your sole responsibility;

you consent to the collection and use of your personally identifiable information and information about your location in accordance with the Ha Ha foodworks Pvt. Ltd. Privacy Policy, including without limitation the collection of location information;
the Service is provided “as is” without warranties of any kind and Happy Hakka’s liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the arbitration provisions below for additional details regarding your agreement to arbitrate any disputes with Happy Hakka;
the App requires access to the following services on your mobile device: internet;

if you are using the App on an iOS-based device, you agree to and acknowledge the “Special Terms Regarding Apple” set forth below.
Service Overview. The Service provides users of the App the ability to order freshly prepared food for delivery to users’ homes and businesses.

Eligibility. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) you have not previously been suspended or removed from the Service; (iii) you will provide wholly accurate information regarding your account and will comply with these Terms; and (iv) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Accounts and Registration.

Happy Hakka Account. To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, email address or other contact information, as well as your credit card number, phone number and delivery address). We do not store your credit card information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@happyhakka.com.

Third Party Accounts. In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. and Google Inc. (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Happy Hakka is not responsible for any act or omission of any Service Provider.

Cancellation Policy. Due to the nature of the Service, orders are considered final as soon as they are placed. That said, we do make exceptions on a case-by-case basis. If you would like to cancel an order, please e-mail us at info@happyhakka.com.

License to the App. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms (including without limitation payment of any applicable fees and compliance with all license restrictions), Happy Hakka grants you (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the App downloaded directly from Happy Hakka or from a legitimate marketplace (such as the Apple App Store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control; and (ii) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly display, or publicly perform the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the Service for any purpose other than a purpose for which the Service is expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Happy Hakka (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.

Access to the Service; Third Party Fees. Happy Hakka does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify Happy Hakka immediately to suspend the Service.

Termination of Use; Discontinuation of the Service

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Happy Hakka, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@Happy Hakka.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your access or use of the Service incurred prior to termination. If you or we terminate your account, you must immediately destroy all copies of the App and any part thereof.
Feedback

If you provide feedback to Happy Hakka regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Happy Hakka to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Happy Hakka a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, worldwide, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Privacy Policy

Please read the Happy Hakka Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Happy Hakka Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

Ownership; Proprietary Rights

The Service is owned and operated by Happy Hakka. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, App(s), services, and all other elements of the Service (the “Materials”) provided by Happy Hakka are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Happy Hakka or our third-party licensors. Except as expressly authorized by Happy Hakka, you may not make use of the Materials. Happy Hakka reserves all rights to the Materials not granted expressly in these Terms.
Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Happy Hakka and its affiliates and their respective officers, directors, employees, consultants, Service Providers and agents (collectively, the “Happy Hakka Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HAPPY HAKKA ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE HAPPY HAKKA ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HAPPY HAKKA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE, AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND HAPPY HAKKA, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability
IN NO EVENT WILL THE HAPPY HAKKA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE HAPPY HAKKA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE HAPPY HAKKA ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO HAPPY HAKKA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) Rs. 1000.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration

Generally. You and Happy Hakka agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HAPPY HAKKA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by registered mail (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Happy Hakka’s address for Notice is: Ha Ha Foodworks, C-456, Defence Colony New Delhi, India. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Happy Hakka may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Happy Hakka must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Happy Hakka will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Happy Hakka in settlement of the dispute prior to the arbitrator’s award; or (c) Rs10,000.00, whichever is greater.

Fees. If you commence arbitration in accordance with these Terms, Happy Hakka will reimburse you for your payment of the filing fee, unless your claim is for greater than Rs. 10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in New Delhi, India. No Class Actions. YOU AND HAPPY HAKKA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Happy Hakka agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. If Happy Hakka makes any future change to this arbitration provision (other than a change to Happy Hakka’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Happy Hakka’s address for Notice, in which case your account with Happy Hakka will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

Enforceability. If any of these arbitration provisions is found to be unenforceable or if the entirety of these arbitration provisions are found to be unenforceable, then the entirety of these arbitration provisions will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described under the paragraph entitled “Governing Law” will govern any action arising out of or related to these Terms.

Special Terms Regarding Apple
If you are downloaded the App from the Apple App Store or if you are using the App on an iOS-based device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. Your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple App Store. These Terms are between you and Happy Hakka only, not with Apple, and Apple is not responsible for the Service and the content thereof. These Terms are not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the Apple App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

General Terms
Additional Terms. Your access and use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect at the time the dispute arose.

Governing Law.
These Terms are governed by the laws of the State of Delhi , India without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Happy Hakka agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delhi, India for the purpose of litigating all such disputes. We operate the Service from our offices in Delhi, India, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Entire Agreement; Assignment; Headings; Enforceability; Survival. These Terms, together with the Happy Hakka Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Happy Hakka regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms are for convenience only and will not have any impact on the interpretation of particular provisions. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Contact Information. The Service is offered by Happy Hakka, located at Ha Ha Foodworks, C-456, Defence Colony, New Delhi -110024, India You may contact us by sending correspondence to the foregoing address or by emailing us at info@happyhakka.com .

 

REFUND/ RETURN/CANCELLATION POLICY

We do not offer refund, return or cancellation of orders once placed as products are of perishable nature. In case of any unforeseen issues at our end we will look at it on a case by case basis and will be happy to address them. It is our endeavour to keep our customers happy and satisfied at all times .