Terms of Service

1. Acceptance of Terms

By accessing or using the SMANN website or mobile application (the "Platform"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Tribetayling Private Limited ("SMANN", "we", "our", or "us"). If you do not agree to these Terms, please do not use the Platform.

We reserve the right to modify these Terms at any time. Continued use of the Platform following notification of changes constitutes acceptance of the revised Terms.

2. Platform Description & Nature of Service

SMANN is an intermediary e-commerce marketplace facilitating the discovery and delivery of food and other items from local businesses to end customers. SMANN acts solely as an intermediary technology platform connecting buyers, sellers (restaurants, cloud kitchens, retailers), and independent delivery service providers.

SMANN DOES NOT PROVIDE LOGISTICS SERVICES. LOGISTICS AND DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYEES OR AGENTS OF SMANN.

SMANN is not a party to any transaction between users and third-party sellers or delivery partners. We do not own, prepare, package, or deliver any food or products listed on the Platform.

3. Eligibility

You must be at least 18 years of age to create an account and use the Platform. By using the Platform, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement. Use of the Platform by persons under 18 is permitted only with verifiable parental or guardian consent.

4. User Accounts & Responsibilities

When you register for an account, you agree to:

• Provide accurate, current, and complete registration information.
• Maintain and promptly update your account information.
• Keep your password confidential and not share it with any third party.
• Be solely responsible for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

SMANN reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or unlawful activity.

5. Permitted & Prohibited Use

You agree to use the Platform only for lawful purposes. You must not:

• Post, upload, or transmit any content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Infringe any intellectual property rights, privacy rights, or other rights of any person or entity.
• Use the Platform to transmit unsolicited commercial communications (spam).
• Attempt to gain unauthorized access to any part of the Platform or its infrastructure.
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Platform without our express written consent.
• Misrepresent your identity or affiliation with any person or entity.
• Engage in any activity that disrupts or interferes with the Platform's operations.

6. Orders, Payments & Cancellations

All orders placed through the Platform are subject to acceptance by the relevant restaurant, vendor, or service provider. SMANN does not guarantee the availability of any item listed. Prices displayed are set by vendors and may change without notice.

Payment is processed through secure third-party payment gateways. SMANN does not store your full payment card details. Cancellation and refund policies are governed by the policies of the respective vendor and applicable law. SMANN facilitates dispute resolution but makes no guarantees of refunds or replacements.

7. Delivery & Third-Party Services

Delivery services are performed by independent third-party delivery partners. SMANN provides the technology to facilitate connection between customers and delivery partners but is not responsible for:

• Delayed, missed, or failed deliveries caused by traffic, weather, or other external factors.
• The quality, safety, or condition of food or products upon delivery.
• Actions or omissions of independent delivery partners.

Estimated delivery times are indicative only and are not guaranteed. SMANN disclaims liability for any losses arising from delivery delays or failures.

8. Intellectual Property

All content on the Platform, including text, graphics, logos, images, and software, is the property of SMANN or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes.

By submitting content to the Platform (reviews, photos, feedback), you grant SMANN a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, and display such content across our Platform and marketing materials.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SMANN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMANN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your use of or inability to use the Platform.
• Any conduct or content of third parties on the Platform.
• Any food, products, or services obtained through the Platform.
• Unauthorized access to or alteration of your data.

In no event shall SMANN's total liability to you exceed the amount paid by you, if any, for accessing the Platform in the three months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless SMANN and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, violation of these Terms, or infringement of any third-party rights.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

You agree to first attempt to resolve any dispute informally by contacting SMANN. If not resolved within 30 days, the dispute shall proceed to the courts as described above.

13. Termination

SMANN reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for any reason including violation of these Terms. Upon termination, all licenses granted to you will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, and limitations of liability.

14. Grievance Officer & Contact

For any grievances, queries, or concerns relating to these Terms, please contact: