Legal & Policies
MAGIC MOTATO — Commitment to transparency and your rights
Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://www.magicmotato.com, including the related mobile site and mobile application (hereinafter referred to as ‘Platform’).
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Platform Owner and these terms and conditions including the policies constitute Your binding obligations, with Platform Owner. These Terms of Use relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, ‘Services’).
Use of Platform & User Obligations
- To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account on the Platform.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose.
- Your use of our Services and the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements.
- The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents.
- You acknowledge that unauthorized use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws.
- You agree to pay us the charges associated with availing the Services.
- You agree not to use the Platform and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
Third Party Links & Indemnity
You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites. You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner for the Services.
Indemnification: You shall indemnify and hold harmless Platform Owner, its affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Force Majeure: Notwithstanding anything contained in these Terms of Use, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.
Privacy Policy
Introduction: This Privacy Policy describes how MAGIC MOTATO and its affiliates (collectively “MAGIC MOTATO, we, our, us”) collect, use, share, protect or otherwise process your information/ personal data through our website https://www.magicmotato.com/ (hereinafter referred to as Platform). By visiting this Platform, providing your information or availing any product/service offered on the Platform, you expressly agree to be bound by the terms and conditions of this Privacy Policy, the Terms of Use and the applicable service/product terms and conditions, and agree to be governed by the laws of India.
Collection of Information
We collect your personal data when you use our Platform, services or otherwise interact with us. This includes name, date of birth, address, telephone/mobile number, email ID, payment instrument information, and with your consent, biometric or facial features when you opt for specific features. We may track your behavior, preferences and transaction history. If you receive unsolicited communication seeking sensitive data like debit/credit card PIN, please report it immediately.
Usage of Personal Data
We use personal data to provide the services you request, assist sellers, enhance customer experience, resolve disputes, customize your experience, detect fraud, enforce our terms, and conduct marketing research. You may opt-out of marketing communications at any time.
Sharing & Disclosure
We may share your personal data internally within group entities, with sellers, business partners, logistics partners, payment issuers, and third-party service providers. We may also disclose to government or law enforcement agencies when required by law, to protect legal rights, or to enforce our policies.
Security Precautions
We adopt reasonable security practices to protect your personal data from unauthorized access. However, transmission over the internet is not completely secure, and you accept inherent risks. You are responsible for maintaining your login credentials.
Data Deletion and Retention
You have an option to delete your account via profile settings. Upon deletion, you lose access to your information. We may retain data if necessary to prevent fraud or for legitimate purposes, or in anonymized form for analytics. For assistance, contact our Grievance Officer.
Your Rights & Consent
You may access, rectify, and update your personal data through Platform functionalities. By using our Platform, you consent to collection and processing as per this Privacy Policy. You may withdraw consent by writing to our Grievance Officer, though withdrawal may affect service availability.
Refund & Cancellation Policy
This refund and cancellation policy outlines how you can cancel or seek a refund for a product / service that you have purchased through the Platform.
Cancellations
If you wish to cancel your order, please do so within one hour of placing it. Refunds for cancellations will be processed as long as the order has not been prepared or shipped. In case of any refunds approved by MAGIC MOTATO, it will take 5 days for the refund to be processed to you.
Damaged or Spoiled Goods
If you receive food items that are damaged or spoiled upon delivery, you are eligible for a full refund. Please provide photographic evidence of the condition of the items.
Incorrect Orders
If you receive an item that differs from your order confirmation, you can request a refund. Contact us within half an hour of receiving the incorrect item.
Return & Exchange Eligibility
We offer refund / exchange within the first half hour from the time of your delivery. If half hour have passed since your delivery, you will not be offered a return, exchange or refund of any kind. To be eligible: (i) purchased item should be unused and in the same condition as received, (ii) original packaging must be intact, (iii) items purchased on offer may not be eligible. Only defective or damaged items are replaced.
Certain categories of products may be exempted from returns or refunds, and such exceptions will be identified at the time of purchase. Once your returned product is received and inspected, we will notify you via email about approval or rejection.
Delivery Policy
The orders for the user are delivered through our delivery partners only. Orders are delivered as per customer defined time from the date of the order and/or payment or as per the delivery date agreed at the time of order confirmation and delivering of the foods, subject to delivery partner norms.
Platform Owner shall not be liable for any delay in delivery by the delivery partners. Delivery of all orders will be made to the address provided by the consumer at the time of order. Delivery of our services will be confirmed on your email ID as specified at the time of registration.
If there are any delivery cost(s) levied by the seller or the Platform Owner (as the case be), the same is not refundable, except in cases where entire order is canceled due to our error or proven damage.
Delivery Partner Norms & Updates
We strive to provide real-time order tracking. However, external factors such as weather, traffic, or unforeseen events may impact delivery times. In case of any significant delay, our customer support team will reach out to you.
For any delivery-related concerns, you may contact our support via the Platform’s help center. You agree that delivery confirmation through our partner’s system shall be considered proof of delivery.