TERM AND CONDITIONS

A great Home Chefs website

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder pertaining to electronic records.The Website and related Application for handheld devices are jointly referred to as the “Platform”.

Services provided by us

The primary purpose of the Platform is to connect the Home Chefs and the users. We are not providing any other services, of whatever nature to the users. Users acknowledge that the Company is not charging any consideration from the users to provide the services. As no consideration is charged from the users, there is no consumer-service provider relationship between users and the Company. The services are freely offered to the users and users are free to discontinue receiving services anytime they desire.

You acknowledge and agree that the form and nature of the Services which the Company provides, may require effecting certain changes in it, therefore, the Company reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

Acceptance to abide by these Terms

Please read the terms and conditions set out below carefully before ordering from this Platform. You agree to be bound by these terms and conditions upon ordering any food or services via the web, mobile web or through our mobile applications. You also accept and agree to be bound by the other terms, conditions and the Company policies as may be posted on the Platform from time to time.

Definitions

  • Agreement’ is a reference to these terms and conditions, the privacy policy, any order form and payment instructions provided to you;
  • ‘Privacy policy’ means the policy displayed on our Platform, which details how we collect and store your personal data;
  • ‘You’, ‘Your’ and ‘Yours’ are references to you, the person accessing our Platform and ordering products;
  • ‘Goods’ is a reference to any food preparation which we may offer for sale from our Platform;
  • ‘Food delivery’ is a reference to perishable goods and to any form of delivery service, and
  • ‘Website’ and ‘App’ are references to our website http:// or our mobile application through which we offer our goods and services.

Terms

  • NONAME DIGITAL PRIVATE LIMITED (hereinafter referred to as “Company”, “we”, “us”, or “our”) provides an online marketplace/App called Home Kouzina that connects individuals providing cooked cuisine from their respective residential location (“HomeChefs”) to users looking for home cooked meals (collectively, the “Services”). By using the Platform, you agree to comply with and be legally bound by these terms and conditions (“Terms”), whether or not you become a registered user of the Services.
  • These Terms govern your access to and use of the Application, Services and all content, and your participation in referral and other promotion programs undertaken by us from time to time (“Referral Programs”), and these terms of use constitute a binding legal agreement between you and the Company. Please read carefully these Terms and our Privacy Policy, which may be found here, and which is incorporated by reference into these Terms.If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Platform or Services.
  • These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Platform at http://homekouzina.com (the “Site” or “Website”) and any related mobile or software applications including but not limited to delivery of information via the Platform whether existing now or in the future that link to the Terms (collectively, the “Services”).
  • Please read these Terms carefully before you use the Services. If you do not agree to these Terms, you may not use the Services on the Platform and we request you to uninstall the App or discontinue the use of our service. By installing, downloading or even merely using the Platform, you shall be contracting with the Company and signify your acceptance to these Terms and other policies (including but not limited to the Privacy Policy) as posted on the Platform from time to time, which takes effect from the date you download, install or use the Services, and create a legally binding arrangement to abide by the same. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms including but not limited to privacy guidelines.

The Platform content is for order assistance only. The Company reserves the right to make modifications and corrections to any part of the Platform at any time without prior notice. The respective HomeChef shall ensure food quality and availability of menu.

Eligibility to use the services

  • You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
  • You declare that you are in compliance with all laws and regulations in the locality/state/country in which you live when you access and use the Services.
  • You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

We reserve the right to modify or change these Terms and other Company policies at any time by posting changes on the Platform.

Ordering

  • User agrees to take particular care while providing details and declare that such details are accurate and complete at the time of ordering.
  • You confirm that the credit/debit card details that you provide are of your own and that you have sufficient funds to make the payment.
  • Any goods and services purchased from our Platform are intended for your use only and not for resale.
    When ordering from our Platform you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to any third party.
  • Any order that you place with us is subject to product availability, delivery capacity and acceptance by us. When you place your order online, we will send you an auto-generated confirmation mail about the same. You must inform us immediately if any details are incorrect. If the product for which you placed the order is not available or if we are not able to your deliver to your location, we will inform you through a phone call or SMS.
  • The Company shall act only on confirmed orders i.e. upon receipt of entire payment

Transaction

  • We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you.
  • In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
  • Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
  • Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
  • When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

User Profiles and Submissions

Certain user profile information, including without limitation user name and location may be displayed to other users to facilitate user interaction (e.g., reviews) within the Platform and Services or address your request for our services.
Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. However, we do not control the policies and practices of any other third-party site or service which may interact with our Application and Services.

Transfers

  • The Company is a mere facilitator between the User and the HomeChef. The terms on the Platform are offered by HomeChef and agreed to between the User including price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
  • The Company may, however, offer support services to HomeChefs in respect to order fulfilment, payment collection, call centre, and other services. The user acknowledge that they are stranger to this arrangement and they have no claim whatsoever.
  • The Company does not make any representation or warranty as to the item-specifics such as quality, value, dietary contents) of any of the Home Chefs.
  • The Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between the user and HomeChefs on the Platform come into or take possession of any of the products or services offered by Home Chefs. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of the arrangement finalised between the users and Home Chefs.
  • The Company does not endorse any Members, home chefs, any Meals or any Member Content or any sale or service. In addition, although these Terms require Home Chefs/Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s/user purported identity. You are responsible for determining the identity and suitability of others who you contact via the Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members/users.
  • By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members/users or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from the Company with respect to such actions or omissions.
  • The Home Chefs are solely responsible for honouring any confirmed bookings and making available any dishes/service reserved through the platform.

Pricing

  • The prices for our Services, products and delivery, if any, will be as quoted on the Platform from time to time, except in cases of obvious error. Applicable taxes will be included at checkout. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on our Platform.
  • Payments must be made through any of a variety of methods such as credit or debit card, payment wallets, UPI etc. We reserve the right to change the available payment methods at any time. Cash on Delivery is not available as a payment method.
  • Although we make reasonable efforts to provide accurate pricing information and descriptions, pricing mistakes, typographical errors or mistakes regarding availability may occur. We reserve the right to correct such mistakes and errors.
  • We cannot guarantee that information displayed on the Platform is 100% accurate. If a product is listed at an incorrect price or the description is inaccurate, we have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In such circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

Refund

  • After you accept delivery from us, if you find the order stale or unfit for consumption, you may request for a credit redeemable through your account for the future purchase of equal value thereto (a “Credit”) or a refund within 12 hours of the delivery by sending an email to ask@homekouzina.com. The full refund option does not apply to orders larger than INR 2,500/- (Indian Rupees Two Thousand Five Hundred Only) and we reserve the right to reject requests deemed to be fraudulent.
  • The HomeChef acknowledges and agrees that the Company will use its best endeavours to ensure that the Platform is not misused by any User for the placement of erroneous/fraudulent Orders.
  • If you refuse delivery for any other reason, we will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount) by phone or e-mail. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you.
  • We usually provide refunds using the same method that you used to pay for your purchase.

Cancellation

  • If you decide to cancel your order, You must notify the Company within 20 minutes from your order confirmation, preferably by phone or email and quote your order number. We will not accept any cancellation requests after the mentioned cut off time.
  • The Company and the HomeChef does not allow conversion of plans from veg to non-veg or vice-versa.
  • We may cancel an order if the product is not available for reasons that are not within our control. We will notify you if this is the case and return any payment that you have made.
  • If the cancellation was made in time, we will refund or re-credit your debit or credit card with the full amount within 14 days.
  • In the unlikely event that we deliver a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If we can only do a partial delivery (a few items might be not available), we would inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.
  • Meal subscription plans have to be used during the period of validity. In case of the user not availing the meals during the specified period, the meals will lapse. Refund or extension of lapsed plans will not be possible. This is applicable to all subscriptions offered under Meal Plans by the Company.

Force Majeure

  • We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”).
  • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs, civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, regulations or restrictions of any government.
  • Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.

Information

  • You agree to provide us with accurate and complete information wherever and whenever we have requested information to provide delivery.
  • You authorize us to use, store or otherwise process your personal information in order to enable the delivery of food items to you and for marketing and credit control purposes. These purposes may include the disclosure of your 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 you or where this is required by law or in order to provide delivery of food items.
  • You are entitled to request a copy of the personal information we hold on you. Please contact us ask@homekouzina.com, if you wish to request this information.

Complaints

We take complaints very seriously and aim to address your concerns within 5 business days. All complaints should be sent to ask@homekouzina.com. The Customer Support Team can also be reached on +91 9315800389.

Limitation of Liability

  • Great care has been taken to ensure that the information available on thePlatform is correct and error free. We do not warrant that Platform use will be error-free or free of viruses or bugs or represent the full functionality, accuracy, reliability of the Platform.We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose or accuracy.
  • By accepting these terms of use, you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages ordered from us.

 

  • We disclaim any and all liability to you for the supply of the food items to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant items. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.
  • 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 you or your computer system via our Platform.
  • We shall not be held liable for any failure or delay in delivering food items where such failure arises as a result of any act or omission, which is covered as a Force Majeure event.
  • The consumables sold by HomeChef on the Platform are provided for private and domestic user only. Products are meant for consumption immediately after delivery. If users choose to store products and consumer later, it is the responsibility to of the user to store products at the right temperature. Also such products should be appropriately reheated before consumption.
  • Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from us.
  • In case the Company has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, the Company may cause the user to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, the Company reserves the right to seek compensation from any and all violators.
  • The Company will do everything in its capacity to maintain the quality of food supplied we supply. However, in the unlikely event of poor quality of food reported by a user, the Company customer support team will take the majority opinion of the users to whom the same food was delivered on the given day. If a wide spread quality issue exists, we will consider the issue and handle it accordingly.

Your Account Obligations

  • You may have to create an account in order to use some of the features offered by the platform, including without limitation to specific pages for Home Chefs on the Platform.
  • Use/storage of any personal information you provide to us during the account creation process is governed by our Privacy Policy.
  • You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
  • You are always and solely responsible for all activities that occur in your account.
  • You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action.
  • You may also be able to register to use the platform by logging into your account with your credentials from certain third-party social networking sites (e.g., Facebook, Gmail, LinkedIn etc).You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us.
  • You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
  • In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate.
  • You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or HomeChef listings except as otherwise authorized by us, or provide or use false information to obtain access to platform that you are not legally entitled to claim.
  • You acknowledge that any false claim may result in substantial losses or damage to The Company or third parties, for which you may be held liable and accountable.

Referrals

You agree to share your referral link with your own personal connections via email, your own social media accounts, and personal blogs where you are the primary content owner. Public distribution on sites where you are not the primary content owner is not allowed. We reserve the right to suspend your account and/or revoke any and all referral credits at any time if we believe that your credits were inappropriately earned. Credit will be automatically applied towards future deliveries and must be used within 30 days of issue.

Vouchers and Gift Cards

  • We may offer gift cards, discount promotions, referral credits and other types of vouchers (“Voucher”) which must be activated by online application in order for the holder to commence delivery of Products through a service.
  • There is no cash value to any discount or referral credit received through a promotional offer. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
  • Vouchers may be redeemed only through our Platform and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and any special conditions attached to the Voucher.
  • Vouchers are subject to the terms and conditions thereon. Unless otherwise explicitly stated, all promotional discounts may not be combined with any other offers.

Advertising

Part of the platform may contain advertising information or promotional material or other material submitted to the Company by third parties or Users. These advertisements may be targeted to the content of information stored on the platform, queries made through the platform or other information. The manner, mode and extent of advertising on the platform are subject to change without specific notice to you. You agree that the Company may place such advertising on the platform.

Responsibility for ensuring that content submitted for inclusion on the Platform, complies with applicable international and national law, is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. The Company will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Platform and mobile application.

External Links 

The Platform may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources.

Intellectual Property Ownership

All text, photographs, trademarks, logos, sounds, graphics, user interfaces, visual interfaces, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, expression, “look and feel” and arrangement of such Content, contained on the Platform is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.
You acknowledge and agree that the Platform, Services and Content, including all associated intellectual property rights is the exclusive property of the Company and its licensors. Except as expressly provided in these Terms, no part of the Platform and Content may be copied, reproduced, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted or distributed in any way (including “Mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our expressed prior consent.

User Content 

  • The User/HomeChef understands and consents to the use of their likeness, pictures, videos and details related to his product/her person in photographs and videos for the Company Platform, as well as in publicity concerning the same.
  • The Company shall have the sub-licensable and worldwide right to use such details, photographs, videos etc. in any legally permissible manner whatsoever.
  • The use may include, but is not limited to, editing, duplication, licensing, distribution and incorporation in other works, in whatever form (e.g. hard copy or electronic), such as posters, publications, web sites, films or videos, and their unrestricted use, without any obligation on the part of the Company to seek any further authorization.
  • The User/HomeChef understands and agrees that they will not be entitled to receive any consideration/payment/royalty/credit for the use of photograph/video/details related to their product or person pursuant to these Terms.
  • Any photograph or product or person, video or other details shared on the Platform created by the Company shall be the exclusive property of the Company and the Company may use it in any legally permissible manner, including but not limited to advertising, promotion.
    The rights/permissions granted through this agreement is irrevocable.

General Terms

  • Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
  • Entire Agreement and Waiver: The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
  • Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
  • Partnership or Agency: Acceptance of these terms and conditions merely amounts to acceptance for the purpose of use of the platform. None of the provisions of these Terms shall be deemed to constitute a partnership or agency or consumer or any specific legal relationship between you and the Company and you shall have no authority to bind the Company in any form or manner, whatsoever.
  • Governing Law: These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the exclusive jurisdiction of the courts at National Capital Territory of Delhi, India.
  • Indemnity: You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company or its third party due to or arising out of or in connection with your use of the Platform.
  • Disclaimer: We do not promise that the platform of any of its content or service of feature will be error-free or uninterrupted. We do not promise that use of our Platform shall result in any benefit to you or you will achieve specific results. The Platform is delivered on an as-is and as-available basis. All information provided on the website is subject to change without any notice. We don’t promise that any data downloaded from the site shall be free of viruses or contamination or destructive features. We deny any warranty of accuracy, non-infringement, fitness or usefulness of any feature of this website or content available therein.
  • Limitation of Relief: Your sole remedy/relief against the Company or any of the Platform content/feature/service is to stop using the platform. This limitation of relief is part of terms of use of this Platform.
  • Contact Us: Please contact us for any questions or comments or inquiries regarding this Platform on

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Phone:
Email:
Time: Mon – Sat (9:00 – 18:00)