1.1 We are BostonDabba.com, a brand of Dabba on Wheels Inc., unless otherwise stated.
1.2 By ordering any Goods or Services from our Website, by phone, or by our mobile applications the user agrees to be bound by these Terms and Conditions.
2.3 "Participating restaurant" implies to 'The Pongal', a restaurant located at 786 Boston Road (Route 3A), Billerica, MA 01821, which shall bear the sole responsibility of the food items ordered on our Website.
2.4 "User", "you" and "your" are references to the person accessing our Website and ordering any Goods or Services from the Website or from any other channel provided by Dabba on Wheels Inc.
2.5 "We", "us", "our", and "BostonDabba" are references to the company Dabba on Wheels Inc.
2.6 "Goods” refer to the food or any other goods which we may offer for sale from our Website from time to time.
2.7 "Services" is a reference to the ‘ordering’, ‘payment’ and ‘delivery’ services which we undertake to supply on requests of the users via our Website.
3. Prices & Menu Items
3.1 Information regarding the price, description and availability contained on our website has been provided by participating restaurants. The prices displayed on our website are, to the best of our knowledge, the same as those of the participating restaurants at the time of order. Prices and availability may change without notice. Images of items depicted on the website may not representative of items delivered.
4. Ordering and Terms of Purchase
4.1 Any contract for the delivery of food from this Website is between the user and BostonDabba.
4.2 The user agrees to take precise care while providing us with their details and warrant that these details are accurate and complete at the time of ordering.
4.3 The user also warrants that the credit or debit card details that they provide on the website are their own credit or debit cards and that the same has sufficient funds to make the payment.
4.4 The food delivered from this Website are intended for the personal use of the users and the user warrants that the same is not for resale.
4.5 BostonDabba will take all reasonable care, in so far as it is in our power to do so, to keep the details of the user’s order and payment secure, but in the absence of negligence on our part BostonDabba cannot be held liable for any loss the user may suffer if a third party procures unauthorized access to any data provided while accessing or ordering from the Website.
4.6 Any order that is placed with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When an order is placed online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically to confirm the order details. Once we have sent the confirmation email we will check availability and delivery capacity. If the food delivery is not available or if there is no delivery capacity, the user will be informed of the same by text message (SMS)or phone call.
4.7 The confirmation of the food delivery will be sent over by text message (SMS). The confirmation message will specify delivery details including the approximate delivery time, the place of delivery or the pick-up point and confirm the price of the food delivery.
4.8 All prices for delivery by BostonDabba listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.
4.9 The total price for food, including delivery charges and other charges, will be displayed on the Website when the user places the order. Full payment must be made for all Goods dispatched. Payment can be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
5.1 Delivery time quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address that was designated by the user at the time of ordering.
5.2 If the user is not present at the place of delivery or the pick-up point within the designated time, they will forfeit their right for a refund.
5.3 If the food delivery is delayed beyond 30 minutes from the designated delivery time, the user will have the right to request a credit for delivery on an alternate day.
5.4 All risk with the food that was delivered shall pass to the user upon delivery.
5.5 The user must ensure that at the time of food delivery adequate arrangements, including access where necessary, are in place for a safe delivery. BostonDabba cannot be held liable for any damage, cost or expense incurred to such goods or premises where it arises as a result of a failure to provide adequate access or arrangements for delivery.
5.6 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform the user using the contact details and arrange for cancellation of the order or delivery to an alternative delivery address.
6.1 An order can only be cancelled up to 4 hours before the delivery time. With such cancellations, only a credit will be issued.
6.2 BostonDabba will not be able to refund any order, which has been already dispatched.
6.3 BostonDabba may cancel an order if the food is not available for any reason. We will notify the user if this is the case and return any payment that has already been made. We will refund or re-credit the user’s debit or credit card with the full amount within 14 days.
6.4 In the unlikely event that a wrong food item is delivered, user has the right to reject the delivery of the wrong item and shall be fully refunded.
7. Limitation of Liability
7.1 Great care has been taken to ensure that the information available on the Website is correct and error free. We apologize for any errors or omissions that may have occurred. Defects if any will be corrected in a timely manner, We cannot warrant that use of the Website will be error free or fit for purpose or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether expressed or implied, relating to fitness for purpose, or accuracy.
7.3 We disclaim any and all liability to the user for the food delivery to the fullest extent permissible under applicable law. This does not affect the user’s statutory rights as a consumer. If we are found liable for any loss or damage, such liability is limited to the amount paid for the relevant Goods. BostonDabba cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, howsoever arising. This limitation of liability does apply to personal injury or death arising as a direct result of the user’s negligence.
7.4 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to the user’s computer system via our Website.
7.5 We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
7.6 BostonDabba has taken all reasonable steps to prevent Internet fraud and ensure any data collected from the user is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
7.7 Offers are subject to BostonDabba’s discretion and may be withdrawn at any time and without notice.
8.1 For all requested information on the Website, the user agrees to provide us with accurate and complete information.
8.2 The user authorizes BostonDabba to use, store or otherwise process their personal information in order to provide the food delivery and for marketing and other purposes which may include the disclosure of personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to the user or where this is required by law or in order to provide the food delivery.
8.3 We take complaints very seriously and aim to respond to the complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org
8.4 All prices are in US$
8.5 We may subcontract any part of the food delivery from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without notification of the same to the user.
8.6 We may alter or vary the Terms and Conditions at any time without notice to the user.
8.7 In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
8.8 If any term or condition of the Terms and Conditions shall be deemed invalid, illegal or unenforceable, the user hereby agrees that such term or condition shall be deemed to be deleted and the remainder shall continue in force without such term or condition.
8.9 These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Massachusetts, The user hereto submits to the exclusive jurisdiction of the courts of Boston.
8.10 No delay or failure on our part to enforce our rights or remedies shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.