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TERMS AND CONDITIONS (CUSTOMER)

 

Last updated on 24th July 2023

 

These terms and conditions (“Terms") govern the use of BookMyChef made

available on our website through https://bookmychef.app/ (hereinafter referred to

as “Website”), and BookMyChef mobile application “BookMyChef"; (hereinafter

referred to as “App”), (Website and App are hereinafter collectively referred to as

“Platform”). The company IdeaDeck Innovations Private Limited incorporated

under the Companies Act 2013, having its registered office at Flat No. 104, 1-

65/25/15, P.No.3, Guttala Begumpet, Hyderabad, Rangareddi, Telangana-500081,

India (hereinafter referred to as “Company”) is the sole and exclusive owner of

the brand BookMyChef and the Platform, which is owned and registered solely and

exclusively in its name.

These Terms and any additional terms published on the Platform from time to time

together constitute and represent the whole agreement and understanding

between the Company and the users visiting, registering and/or using (hereinafter

referred to as “Customer(s)”) the services provided through the Platform. By

visiting, using, or interacting with the Platform in any manner whatsoever,

Customers unconditionally accept, without limitation or qualification, to be bound

by these Terms.

Notwithstanding anything contained herein, if the Customer breaches the Terms,

privacy policy or any other rules or policies including any additional terms or

policies issued by the Company from time to time, then the Company reserves the

right to take any legal or other appropriate action including but not limited to

denying or revoking the Customer’s access to the Platform, or referral to the

appropriate authorities.

These Terms constitute as an electronic record in terms of “Information and

Technology Act, 2000” (as may be amended, modified, re-enacted, consolidated

or replaced from time to time) and rules formulated thereunder as applicable and

the amended provisions pertaining to electronic records in various statutes and

regulations as amended by the Information and Technology Act, 2000 and is

generated by a computer system and does not require any physical or digital

signatures.

Minors, undischarged insolvent, and those who are incompetent to contract under

the Indian Contract Act, 1872, will not be able to access the Platform or avail the

 

Services. Any minor who intends to use or contribute to the Platform must do so

through his or her legal guardian or parents, as required by law.

The Company reserves the right to change these Terms, at its sole discretion, in

any manner and at any time without furnishing prior notice to the Customers. The

Customers acknowledge that it is their sole responsibility to read, understand,

review, and check all updates to these Terms from time to time. Customer’s

continued use of the Platform will be deemed acceptance of any changes to the

Terms.

1. SERVICES

a) The Company agrees to provide the Customers with services including all the

Platform’s features, applications, services, technologies and software

(“Services”) which have been deployed to provide a platform for the

Customer to browse, book and avail chefs and various on-demand services

and related services that will be available to the Customer to choose from

(hereinafter referred to as “Service Partner(s)”).

b) The Platform can be used to facilitate the searching and payment for booking

a Service Partner. The Platform can be explored as an unregistered

Customer, however, if the Customer wishes to hire a Service partner for

either a personal or a corporate event (hereinafter collectively referred to as

“Event”), the Customer must first register to create an account on the

Platform.

c) The Customers shall further be entitled to utilize the Platform through which

Services can be availed by the Customers, however, such access and

entitlement of the Customer to use the Platform shall be subject to the terms

and conditions stipulated under these Terms.

d) The Company reserves the right to disable the Services currently available

on the Platform and/or enable new services on the Platform. Services

provided on the Platform will not be restricted and will be subject to change

from time to time.

e) The Customer understands that any booking by the Customer shall be

subject to the terms and conditions set out in these Terms including, but not

limited to, Service Partner’s availability, delivery location serviceability, and

acceptance of bookings by Service Partners.

 

f) As a part of effective provision of Services and quality control purposes, the

Company may request reviews from Customers about the Service Partners

and Customers agree and acknowledge that Service Partners may provide

reviews about the Customers to the Company. Customers must not

knowingly provide false, inaccurate, or misleading information in respect of

the reviews. Reviews will be used by the Company for quality control

purposes and to determine whether Customers and Service Partners are

appropriate users of the Platform. If the Company determines at its sole

discretion that the Customer is not an appropriate user, the Company

reserves the right to cancel the Customer’s registration and remove him/her

from the Platform.

 

2. CUSTOMER REGISTRATION AND MEMBERSHIP

a) The Customer acknowledges and agrees that in order to register to use the

Platform, the Customer is obligated to provide the Company with true and

accurate personal information, including but not limited to, their full name,

email address, mobile number, username and a password.

b) An account will be created for the Customers’ use based upon the information

provided by them. The Customer hereby agrees to provide accurate, current

and complete information during the registration process and to update such

information to keep it accurate, current and complete. The Company

reserves the right to suspend or terminate the Customer’s account and their

access to the Platform if any information provided during the registration

process or thereafter proves to be inaccurate, not current or incomplete.

c) The Customers are solely responsible for safeguarding their registered

accounts. Customers agree that they will not disclose their password to any

third party and that the Customers will take sole responsibility for any

activities or actions under their respective accounts. The Customers are

advised to immediately notify the Company of any authorized use of their

account.

d) A registered Customer can further purchase memberships through the

Platform to avail exclusive benefits including, but not limited to, special offers

and discounts, delivery of ingredients, additional assistance etc.

 

e) Customers are required to provide their financial information including, without

limitation, bank account and credit/debit card details to become a member

with the Platform.

 

3. BOOKING METHOD

a) The Customers can book 1 (one) or multiple Service Partners of their choice

from the plethora of on-demand Services available on the Platform, for one or

multiple Events on the same day or different days.

b) The Customer can book the service up to 24 (twenty-four) hours prior to the

scheduled Event, however the acceptance of such booking solely depends

on the availability of Service Partners. It is recommended by the Company to

book a Service Partner at least 5 (five) days or more prior to the Event.

c) The Customer can select one or more cuisines of their liking for the Service

Partners to prepare at the Event and additionally select ingredients for the

same. The Platform will provide estimation of the ingredients required which

is only suggestive but not definitive. The ingredients are derived as per the

selected cuisine. The Customers may also list down their concerns such as

their allergies and any other requirements, at the time of booking, to be kept

in mind for preparing the food, provided that the requested requirements are

acceptable to the Company and the Service Partner.

d) The Customers shall either be allocated a Service Partner by the Platform or

may get the option to book a Service Partner of their choice as per the

availability on the Platform.

e) The Customer shall be required to confirm that he/she has or will provide

extra kitchen equipment if multiple Service Partners are booked. The

Customer shall be suggested the equipment required for that particular

booking. The Customer is responsible to ensure they have the required

equipment for the Service Partner to perform their services.

f) A single Service Partner can prepare a limited number of items at the Event

and can only serve up to 12-15 people at a time. For an Event catering to a

large group of people, it is suggested that Customers book multiple Service

Partners provided there is additional kitchen equipment for multiple Service

 

Partners to work with. The Customers are to ensure that they have the

required equipment and space required prior to booking a Service Partner.

g) The Customer can communicate with the selected Service Partner after the

booking is confirmed via the Platform.

h) The Customers agree that as a condition precedent for booking a Service

Partner for an Event through the Platform, the Customer shall provide the

Company with all such information as may be requested by the Company.

i) The Customer shall provide the location and the type of Event the Service

Partner is being booked for and shall further provide any other related

information required by the Company in order to complete the booking.

j) Customers will also have the opportunity to add further services, subject to

availability, such as a team of servers, bartenders or helpers to the same

booking or make a separate new booking altogether for the additional

services.

k) The Customers shall receive a confirmation email specifying the details once

the payment in furtherance to the booking is successfully received. Such

Customers are advised to verify the details and inform customer care

immediately in case of any discrepancy in the booking details.

l) Once confirmed, the Customer cannot change the location of the Event. In

case there is a change in the selected location, please reach out to customer

care at least 24 (twenty-four) hours before. There is no guarantee that the

Services shall be available at the changed location.

m) In case the preparation of food requires special equipment, it shall be the

Customer’s responsibility to provide such equipment. Once the booking is

accepted it is understood that the Customer has all the required tools and

equipment. The Customer is hence requested to choose a menu only if

he/she has the required equipment/ingredients.

n) The Customers shall receive a final confirmation email once the selected

Service Partner accepts such booking as per their availability.

o) Once confirmed, the Customer cannot change the selected menu and/or

cuisine. However, the Customers shall have an option to connect with the

 

Service Partner on the Platform in order to propose alternative options for the

menu to be prepared. If feasible, the Service Partner will communicate the

same and shall confirm the new menu. In the event the Service Partner fails

to respond, Customers may raise their concerns with customer care.

 

4. FEE AND PAYMENT TERMS

a) It is accepted by the Customers that the Company shall be entitled to receive a

consideration for any special membership provided to the Customers on the

Platform.

b) The Company shall levy a fee, subject to alterations from time to time, against

the bookings of a Service Partner (hereinafter referred to as “Fee”).

c) Customers will be prompted to complete their payment in order to confirm the

booking. The Fee along with the additional charges (charges levied on

additional ingredients and requirements) will be levied by the Company at the

time the Customer will book the Service Partner on the Platform.

d) Cash payment upon completion or payment after service may not always be

an option for payment. If it is available, it is agreed that the Customer must

pay both the additional charges and Fee to the Service Partner.

e) Service Partner’s charges may vary as per the geographical area and may

increase substantially during high demand season.

f) Additional charges shall be levied on additional ingredients and requirements

laid down as per the choice of cuisine selected by the Customer for the

Service Partner.

g) Any subsequent requests or bookings for additional services such as a team of

servers, bartenders or helpers etc.., as and when provided by the Platform at

their sole discretion, will be added to the final Fee levied from the Customer

at the time of payment.

h) In the event there arises any issue or discrepancy with the payment, the

Customer is advised to raise the issue with respect to any such discrepancy

within 7 (seven) days from the date of payment, post which the Company

shall not be obligated to resolve any such issue or discrepancy and it will be

deemed to have been accepted by the Customer.

 

i) Notwithstanding anything contained herein clause 4, the Company reserves

the absolute right to change, alter, modify, and replace the terms in the

above-mentioned clause from time to time, and may at its sole discretion

alter the payment method such as partial payment, advance payment, one-

time membership fee etc.

j) The Company may, as part of providing Services, encourage the Customers to

participate in the Company’s promotional deals and offers. The following

terms and conditions apply to all offers and promotional deals, unless

otherwise stated. By accepting any such offer, the Customers agree to be

bound by the following additional terms:

(i) The Company reserves the right to send promotional deals to

Customers, subject to applicable laws.

(ii) Based on the personal information provided by the Customers, the

Company may furnish the Customers (by email or otherwise) with

details regarding the Company’s offers, promotional deals and

marketing communications, as further described in the Company’s

Privacy Policy at https://bookmychef.app/privacy_policy.html

and in compliance with applicable laws.

(iii) Promotional offers are intended for the addressed recipient only

and cannot be transferred. If Customers are not the intended

recipient, then the offer is null and void.

(iv) The Company may request further information from the Customers

if Customer wishes to participate in the Company’s promotional

deals and offers. Participation in these promotions is completely

voluntary and Customers have the choice to decline such

participation in any offer.

5. REFUNDS AND CANCELLATION

Customers are requested to visit our Refund Policy for details and procedure

about refunds and cancellation, available at

https://bookmychef.app/refund_policy.html

 

6. OBLIGATIONS OF THE CUSTOMER

a) The Customers hereby agree that, at all times during the subsistence of

these Terms, they:

(i) are solely responsible and liable for all activities carried out on the

Platform through their account;

(ii) are solely responsible and liable for all activities carried out at the

Event;

(iii) are above 18 (eighteen) years of age. For availing bartender

services, the age limit is 21 (twenty-one) years and above.

(iv) are solely responsible to obtain the necessary licenses as per

applicable laws such as liquor license, public performance license

etc. for their Event;

(v) shall ensure that all equipment required by the Service Partner to

prepare food at the Event are fully functional and have gas and/or

electricity supply;

(vi) shall ensure that whenever opted for or required, all ingredients

are ready by the time of the Service Partner’s arrival;

(vii) shall abide by the Company policies and guidelines;

(viii) shall not engage, promote or provide instructional information

about any illegal conduct or activity. Customers are prohibited to

use the Event venue for any criminal, immoral or illegal purpose.

This includes, without limitation, storing or distributing racist or

illegal pornographic material, selling or dealing in any illegal or

controlled drugs or storing or handling stolen goods or vehicles;

(ix) shall not hold liable the Company or the Service Partner for any

liability of any kind incurred by the Customer in connection with

any third-party criminal investigations of any kind directly and

proximately arising out of the breach of the Terms or out of non-

compliance with applicable laws of India;

 

(x) shall not suppress or misrepresent any information related to the

Services being rendered by the Company;

(xi) shall comply with all applicable laws of India;

(xii) shall treat the Service Partner with dignity and ensure his/her

safety until he/she is at the Event location;

(xiii) shall not encourage/force the Service Partner to participate in any

unlawful activities.

(xiv) shall be present at the time of the arrival of the Service Partner. If

the Service Partner is unable to reach or contact the Customer

which results in non-performance of services by the Service

Partner, then neither the Company nor the Service Partner shall

be held liable for the non-performance and Fee paid for such

booking shall not be refunded.

 

b) Customers agree not to host, display, upload, modify, publish, transmit, store,

use, update or share any information that:

(i) belongs to another person and to which the Customer does not

have any right;

(ii) is defamatory, obscene, pornographic, pedophilic, invasive of

another’s privacy, including bodily privacy, insulting, or harassing

on the basis of gender, libelous, racially or ethnically

objectionable, relating or encouraging money laundering or

gambling, or otherwise inconsistent with or contrary to the laws in

force;

(iii) is harmful to child;

(iv) infringes any patent, trademark, copyright, or other proprietary

rights;

(v) violates any law for the time being in force;

(vi) deceives or misleads the addressee about the origin of the

message or knowingly and intentionally communicates any

information which is patently false or misleading in nature but may

reasonably be perceived as a fact;

(vii) impersonates another person;

(viii) threatens the unity, integrity, defense, security or sovereignty of

India, friendly relations with foreign States, or public order, or

causes incitement to the commission of any cognizable offence or

prevents investigation of any offence or is insulting other nation;

(ix) contains software virus or any other computer code, file or

program designed to interrupt, destroy, or limit the functionality of

any computer resource;

(x) is patently false and untrue, and is written or published in any

form, with the intent to mislead or harass a person, entity, or

agency for financial gain or to cause any injury to any person;

(xi) violates any content policies of the Company;

(xii) transmit any trojan horses, worms, time bombs, or other computer

programming routines or any code of a destructive nature that may

damage, interfere, or attempt to interfere with, intercept, the

normal operation of the Platform, or take any action that imposes

an unreasonable load on our computer equipment, or that

infringes upon the rights of a third party; and

(xiii) use any deep-link; page-scrape; robot; spider; or other

automatic device, program, algorithm or methodology, or any

similar or equivalent manual process, to access, acquire, copy or

monitor any portion of the Platform, Services, or any content, or in

any way reproduce or circumvent the navigational structure or

presentation of the Platform, Services, to obtain or attempt to

obtain any materials, documents or information through any

means not purposely made available through the Platform.

 

COMPANY UPON VIOLATION OF THE ABOVE-MENTIONED PROHIBITIONS

WILL REMOVE THE ACCOUNT OF THAT CUSTOMER AND WILL UNDERTAKE

EVERY LEGAL ACTION AVAILABLE TO THE COMPANY.

 

7. RIGHTS AND OBLIGATIONS OF THE COMPANY

a) The Company reserves the right to:

 

(i) monitor and review any information transmitted or received;

(ii) censor, edit, remove or prohibit the transmission or receipt of any

information that the Company deems inappropriate or in violation

of these Terms;

(iii) remove and disable Customers’ account with or without any

notice, on account of identification of breach of these Terms,

harmful or illegal conduct, misuse etc.;

(iv) modify, suspend or terminate, permanently or temporarily, the

access to the Platform and its services or any portion thereof at

any time, without notice, for general maintenance or for any other

reason that may deem fit to the Company.

b) The Company shall not be held responsible for the following:

 

(i) any loss incurred by Customers due to any adverse actions of the

Service Partners including without limitation non-performance and

untimely preparation of food;

(ii) any concerns or illness caused due to allergies or related health

conditions after consumption of the food prepared by the Service

Partners as it’s the responsibility of the Customer to inform the

Service Partner beforehand regarding any allergy of any type of

food or ingredients;

(iii) any liability, if any, that may arise from the misuse of the shared

information, if any, or from the consumption of any food and/or

beverages prepared by the Service Partner.

(iv) any damage to the Customer’s property, equipment, items etc

caused by the Service Partner during the service rendered by

them.

8. PRIVACY POLICY

 

The Customers agree that, at all times during the subsistence of these Terms, it

shall maintain appropriate records relating to the Services and transactions

covered under these Terms and shall allow the Company to collect, record, store

and review all such records and information about the Customer (learn more in the

Privacy Policy at https://bookmychef.app/privacy_policy.html) in order to

provide Services that are better, safer and more secure. The Company provides

ways to interact across the Platform and the Services and has designed a system

to achieve a seamless and consistent Customer experience.

 

9. THIRD PARTY ADVERTISEMENTS AND LINKS

a) The Company may provide links to other websites and online resources,

including payment gateways. The Company does not take responsibility or

endorse the content of those websites and are not liable for their availability

or for any loss or damage incurred by the use or non-use of such websites.

The Company does not assume or accept any liability or responsibility for

any of the content that may be contained in any third-party sites which may

be active or available on the Platform. Customers should always read the

terms and conditions and privacy policy of a third-party website before using

it.

b) The Customer agrees that terms and policies of third-party websites are not

under the Company’s control and the Customer acknowledges that once they

leave the Platform, the Customer shall be governed by the terms and policies

of the site accessed/used by the Customer.

 

10. TERMS OF SERVICE

a) The Platform may allow Customers to post, upload, publish, display, transmit,

or submit comments, reviews, suggestions, feedback, ideas or other content

on or through the Platform.

b) As part of the effective provision of the Services and quality control purposes,

the Company may request reviews from the Customer about the Services

and the Service Partners operating through the Platform. Customers must

not knowingly provide false, inaccurate or misleading information in respect

of the reviews.

 

c) The Customers own all intellectual property rights (or have obtained all

necessary authorizations) in all such reviews, photos, comments etc. posted

on the Platform and grant the relevant licenses of such content to the

Company under these Terms.

d) If the Customer avails the Services from the Company through the Platform,

the following conditions apply (in addition to, and to the extent these

conditions are consistent with, any terms or conditions relating to the

Services appearing elsewhere on the Company’s Platform):

(i) Services available on the Platform are subject to change at any

time without notice. Few of the Services may not be available

immediately.

(ii) Where the services offered through this Platform are supplied by

third parties, the Company remains solely an ordering intermediary

and is not responsible for the delivery of those services.

(iii) Unless otherwise expressed in these Terms, the Fee excludes any

applicable taxes and ancillary charges.

 

11. INTELLECTUAL PROPERTY RIGHTS

The Company alone (and its licensors, where applicable) shall own all exclusive

right, title and interest, including all related intellectual property rights, in and to the

Platform technology, the content, the Services and any suggestions, ideas,

enhancement requests, feedback, modifications, recommendations or other

information provided by the Customers or any other party relating to the Services.

These Terms are not a sale and does not transfer to the Customer any rights of

ownership in or related to the Services, the Platform, or the intellectual property

rights owned by the Company. The Company name and logo are trademarks of

the Company or third parties, and no right or license is granted to use them.

 

12. TERMINATION OF CUSTOMER ACCOUNT

a) These Terms are effective as soon as the Customer visits and uses the

Platform and will continue till they remove their account from the Platform.

 

b) The Company can refuse to provide or stop providing all or part of the

Services to the Customers (including terminating or disabling Customer’s

access to the Platform) immediately to protect the Company’s community or

Services, or if the Customer creates risk or legal exposure for the Company,

violate these Terms or Company policies, or where the Company is permitted

or required to do so by law.

c) The Company can additionally terminate or change the Services, terminate a

customer’s account or stop providing all or part of the Services if the

Company believes that doing so is reasonably necessary to avoid or mitigate

adverse legal or regulatory impacts on the Company.

d) If the Customer breaches any of the terms or prohibitions provided under

these Terms, or violates any other applicable law, the Company may, at its

discretion: (a) terminate the Customer’s account immediately, with or without

advance written notice; (b) suspend, delete, or limit access to the Customer’s

account (and any other accounts they control); and (c) to the extent permitted

by applicable law, retain any amounts payable to Customer (which they

forfeit). If Company deletes the Customer’s account for breach, they may

only re-register at the sole discretion of the Company.

e) If the Customer believes that their account has been terminated in error, or

the Customer wishes to disable or permanently delete their account, the

Customer can raise a request to do so at reachus@bookmychef.online

 

13. LICENSE TO THE PLATFORM

Subject to the Customers complying with each of these Terms and all policies

published on the Platform, the Company, hereby, grants to the Customers a

limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive

right to access and use the Platform to access the Services, in accordance with

these Terms, solely for personal reasons and not for resale or to provide services

to third parties. The Customers agree to use the Platform only for its intended

purpose, in an authorized manner, and in compliance with all privacy, data

protection, intellectual property, and other applicable laws.

 

14. CUSTOMERS’ ACCOUNT

 

Customer’s account is non-transferrable and may not be sold, traded, combined,

or otherwise shared with any other person. Upon suspension or termination of

Customer’s account, the Company reserves the right to remove or delete

Customer’s information that is available with the Company, including but not

limited to the account information. The restriction, suspension or termination of

Customer’s account or access to the Platform pursuant to this section will be

without prejudice to any rights which the Company may have against the

Customer in respect of breach of these Terms.

Further, if required by applicable law or by a court order or by other enforcement

authorities and/ or agencies or if the Company in its sole discretion considers the

disclosure of such information necessary or appropriate, the Company will disclose

the Customer’s identity and other details, provided to the Company and in

conformity with the Privacy Policy at

https://bookmychef.app/privacy_policy.html

 

15. DISCLAIMER AND WARRANTIES

a) The Services provided are “as is” and “as available” and the Company cannot

guarantee that it will be safe and secure or will work perfectly all the time. TO

THE EXTENT PERMITTED BY LAW, THE COMPANY ALSO DISCLAIM

ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE

IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY

QUALITY, FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE

PLATFORM AND/OR ITS CONTENT AND/OR ANY WEBSITE TO WHICH

IT IS LINKED ARE HEREBY TO THE FULLEST EXTENT PERMITTED BY

LAW EXCLUDED. NO REPRESENTATIONS OR WARRANTIES ARE

GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE

INFORMATION PROVIDED ON THE PLATFORM, OR ANY WEBSITE TO

WHICH IT IS LINKED.

b) The Customer agrees that the Company shall not be held liable for any lost

profits, revenues, information, or data, or consequential, special, indirect,

exemplary, punitive or incidental damages arising out of or related to these

Terms or inability to use the Platform or any of its contents and Services

provided to the Customer.

 

c) While the Platform strives to provide accurate information about Services and

charges, pricing errors may occur from time to time.

d) The Customer hereby accepts full responsibility for any consequences that

may arise from his/her use of the Services and expressly agree and

acknowledge that the Company shall have absolutely no liability in this

regard.

e) No advice or information, whether oral or written, obtained by the Customer

from the Company shall create any warranty that is not expressly stated in

the terms.

f) By using the Platform, Customers acknowledge that while the Company takes

every reasonable action to make sure that the Services remain fully

functional and up-to-date, interruptions may still happen for many reasons

including routine maintenance, as may be required for effective functioning of

the Platform. Customer understands and acknowledges that the Services

could be interrupted, suspended, or terminated due to any reason

whatsoever, without any fault of the Company and therefore the Company

shall not be held liable in any manner whatsoever, for any loss to any

Customer due to such interruption, suspension, or termination of Services.

g) Customers understand and agree that the Company is not responsible or

liable for any act or action of the Customer while availing the Services and

the Company is just acting as an intermediary between the Service Partner

and the Customer.

h) The Company shall not be, directly or indirectly, held responsible for any

decision or consequences of any decision taken on the basis of Service

Partner descriptions and other information provided on the Platform as the

same is intended for information and marketing purposes and, whilst

displayed in good faith, the Company will not in any circumstances accept

responsibility for their accuracy. It is the responsibility of the prospective

Customer to satisfy themselves as to the accuracy of any Service Partner

descriptions displayed and the responsibility of the Service Partner to ensure

the accuracy and integrity of service descriptions provided on the Platform.

The responsibility for the final decision would rest solely with the Customer.

 

16. INDEMNIFICATION

 

The Customers agree to indemnify, defend and hold harmless the Company

and/or their Platform or its affiliates, directors, representatives, employees and

contractors harmless from any losses, liabilities, claims, demands, costs and

expenses, including reasonable solicitor’s fees, arising out of the following:

Any breach or non-performance of any representation, warranty or obligation to be

performed by the Customer pursuant to these Terms;

a) Violation of any law or rights of a third party by the Customer;

b) Customer’s use of the Platform.

 

17. FORCE MAJEURE

Under no circumstances will the Company be held liable for any delay or failure in

performance due in whole or in part to any acts of nature, labor disputes, strikes,

acts of god, floods, lightning, severe weather, shortages of materials, rationing,

lockdown, pandemic or epidemic, inducement of any virus, trojan or other

disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility

or communication failures, earthquakes, war, revolution, acts of terrorism, civil

commotion, acts of public enemies, blockade, embargo or any law, order,

proclamation, regulation, ordinance, demand or requirement having legal effect of

any government or any judicial authority or representative of any such

government, or any other act whatsoever, whether similar or dissimilar to those

referred to in this clause beyond the Company’s reasonable control. If a force

majeure event takes place that affects the performance of the Company’s

obligations under these Terms, such obligations under these terms shall be

suspended for the duration of the force majeure event.

 

18. GRIEVANCE REDRESSAL MECHANISM

In case a customer has any queries pertaining to the use of the Platform and/or

the Services under these Terms, the Customer can direct all their queries by

contacting the Company’s support services via email at

hello@bookmychef.app

 

In the event the Customer has any grievances, complaints and requests regarding

these Terms and other policies published by the Company, such Customer can

raise a complaint via email at hello@bookmychef.app

(“Grievance Officer”). The Grievance Officer shall acknowledge and resolve the

complaint within the prescribed period as per the applicable laws. However, it may

take the Company longer than the same if the request is particularly complex or

the Customer has made a number of requests. In such a case, the Company shall

notify the respective Customer and keep him/her updated with the process.

In case of complaints from the Customer pertaining to efficacy, quality, or any

other such issues, the Company shall notify the same to Service Partner and the

Service Partner shall be liable for redressing Customer’s complaints. In the event

that the Customer raises any complaint against a Service Partner accessed using

our Platform, the Company shall assist the Customer to the best of our abilities by

providing relevant information to the Customer, such as details of the Service

Partner and the specific booking to which the complaint relates, to enable

satisfactory resolution of the complaint

 

19. CONTACT US

If Customers need to contact the Company for anything, they may write to the

Company at hello@bookmychef.online

 

20. MISCELLANEOUS

a) Amendment

The Company may amend these Terms from time to time and will post such

amendments on the Platform. If the Customer objects to any amendment to these

Terms, the Customer should terminate these Terms. In the event the Customer

continues to use the Platform after the effective date of any amendment, the

Customer will be deemed to have agreed to and accepted any modifications set

forth in the amendment.

b) Assignment

The Customer shall not be entitled to assign, transfer, or pledge to a third party or

its Affiliates, or create any encumbrance whatsoever, over any of its rights and

obligations under these Terms without the written consent of the Company.

Further, the Company shall always retain the right to assign the Services provided

by it under these Terms for such remaining period of the Terms, to any of its

chosen subsidiaries, affiliates, associated and there would be no new Terms

between the new acquirer and Customer for the Services provided under these

Terms.

c) Severability

If any part, provision, covenant, or condition of these Terms is held, by a court or

regulatory body of competent jurisdiction to be invalid, void, or unenforceable, the

rest of the Terms shall remain in full force and effect and shall in no way affect the

validity or enforceability of the remaining provisions of these Terms.

d) Communications

When the Customer uses the Platform or sends emails, other data, information or

communication to the Company, the Customer agrees and understands that it is

communicating with the Company through electronic records and Customer

consents to receive communications via electronic records from the Company

periodically or as and when required. The Company may communicate with the

Customer by email, SMS, push notifications or any other mode of communication,

electronic or otherwise and Customer hereby consents to receive communications

in all such forms.

e) Waiver

No delay or omission by either party to exercise any right or power it has under

this Terms shall impair or be construed as a waiver of such right or power. A

waiver by any party of any breach or covenant shall not be construed to be a

waiver of any succeeding breach or any other covenant. All waivers must be in

writing and signed by the party waiving its rights.

f) Relationship between Parties

Nothing contained in these Terms will be construed to create the relationship of

employer and employee, principal and agent or any other fiduciary relationship.

Neither party will have authority to contract for or bind the other in any manner

whatsoever.

g) Customer warranties

 

By creating an account on the Platform and availing the Services provided, the

Customers warrant and accept that: (a) they possess the authority to create a

binding legal obligation, on behalf of themselves; (b) all the information that they

provide to us is only about themselves and that all of such information is accurate,

true, current, and complete; (c) they shall always comply with these Terms; (d)

they shall remain responsible for the use of their accounts and shall safeguard

their account’s username and password.

h) Breach of these Terms

Customer’s account is non-transferrable and may not be sold, traded, combined,

or otherwise shared with any other person. If any Customer violates any of these

Terms, the Company may terminate the account in our sole discretion, either with

or without notice. In case, the Company terminates the Customer’s account, the

Company will forfeit all the information provided by the Customer through the use

of Platform.

Upon suspension or termination of a Customer's account on the Platform, the

Company reserves the right to remove or delete Customer’s information that is

available with the Company. The restriction, suspension or termination of

Customer’s account or access to the Platform pursuant to this section will be

without prejudice to any rights which the Company may have against the

Customer due to the breach of these Terms. Further, if required by applicable law,

by a court order or by other enforcement authorities and/ or agencies or if the

Company in its sole discretion considers the disclosure of such information

necessary or appropriate, the Company shall disclose your identity and other

related information, as required.

i) Governing Law and Jurisdiction

If Customer considers there to be a disagreement for the Services provided by the

Company, Customer may contact us at hello@bookmychef.online. These

Terms and policies that are available on the Platform shall be governed by and

construed in accordance with the laws of India. The Company shall not be held

liable for any dispute arising out of any communication led through/on the

Company’s Platform between any two Customers using the Platform or between

any Customer and Service Partner. Customer’s use of the Platform is not

permitted in any jurisdiction that does not give effect to all provisions of the Terms,

including without limitation, this section.

 

Disclaimer: The Company may amend these Terms at any time without any prior

intimation to the Customers. By continuing to use the Platform, the Customers

consent to the amended terms of this Terms.

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