Deliciousness at Your Doorstep
TERMS AND CONDITIONS ( SERVICE PARTNER)
Last updated on 24th July, 2023
These terms and conditions (“Terms”) govern the use of BookMyChef website www.bookmychef.online(hereinafter referred to as “Website”), and BookMyChef mobile application www.bookmychef.app(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 brandBookMyChef 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 “User(s)”) the services provided through the Platform. By visiting, using, or interacting with the Platform in any manner whatsoever, Users unconditionally accept, without limitation or qualification, to be bound by these Terms.
Notwithstanding anything contained herein, if the User 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 User’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 Users. The Users acknowledge that it is their sole responsibility to read, understand, review, and check all updates to these Terms from time to time. User’s continued use of the Platform will be deemed acceptance of any changes to the Terms.
1. SERVICES
1.1 The Company agrees to provide the Users with services including all the Platform’s features, applications, services, technologies, and software (“Platform Services”) which have been deployed to provide a platform for the Users to render services as a chef and various other on-demand services pertaining to hospitality and event management (hereinafter referred to as “Service Partner(s)”) that will be available for the end customers to choose from.
1.2 The Platform can be used to sign up and register as a Service Partner. If the User wishes to sign up as a Service Partner on the Platform to be able to prepare food or provide hospitality or event management services for Customers (defined hereinafter) for either a personal or a corporate event (hereinafter collectively referred to as “Event”), the User must first register to create an account on the Platform.
1.3 The Users once registered as a Service Partner on the Platform shall be able to provide their services pertaining to preparation of food or other services as per the booking received by the Customer via the Platform (“Service Partner Services”).
1.4 These Service Partner Services shall be rendered to the customers registered with the Company who place an order and book a Service Partner for an Event (“Customer(s)”).
1.5 The User shall further be entitled to utilize the Platform through which Service Partner Services can be delivered to the Customers of the Platform, however, such access and entitlement of the Service Partner to use the Platform shall be subject to the terms and conditions stipulated under these Terms.
1.6 The Service Partner agrees that he/she shall be engaged by the Company solely for providing Service Partner Services as enumerated herein post registration on the Platform.
1.7 The Service Partner agrees that nothing contained in these Terms will be construed to create a relationship of an employer and an employee, principal and an agent or any other fiduciary relationship between the Service Partner and the Company.
2. USER REGISTRATION AND MEMBERSHIP
2.1 The User acknowledges and agrees that in order to register to use the Platform, the User 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.
2.2 The User may register to use the Platform subject to their acceptance of these Terms and all other policies published by the Company on the Platform from time to time.
2.3 The User shall further provide profile descriptions in addition to their personal information which shall include professional details, work profile, photos, industry experience, identity proof, specialization, and expertise in a specific cuisine, if any, for the purpose of uploading such information for the Customers to view on the Platform.
2.4 An account will be created for the Users’ use based upon the information provided by them. The User 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 User’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.
2.5 The Users are solely responsible for safeguarding their registered accounts. Users agree that they will not disclose their password to any third party and that the Users will take sole responsibility for any activities or actions under their respective accounts. The Users are advised to immediately notify the Company of any unauthorized use of their account.
2.6 Users agree that registering as a Service Partner on the Platform does not guarantee any fixed bookings or income. The frequency of bookings received depends on the Service Partner’s skill set and demand for it in their respective region.
3. BOOKINGS
3.1 The Customer selects a date, time, location and menu for an Event, makes a payment and completes the booking. A service partner will be allocated based on availability on the date of the event. The Service Partner will be notified about the booking which needs to be accepted and confirmed by the selected Service Partner within the specified time.
3.2 The Service Partner shall receive a booking confirmation on the Platform from the Customers which shall entail details specifying the date, time, location, cuisine, choice of chef, ingredients, number of guests, cooking instructions, type of event, decoration requirements and other related information, as the case may be. (“Booking Details”).
3.3 If the Service Partner is available on the requested day and time of the Event, then the Service Partner shall accept such booking on the Platform within 2 (two) hours of receiving the booking confirmation from the Customer. The service opportunity will be broadcasted to all the suitable Service Partners and whoever accepts the booking first will be confirmed.
3.4 Once the Service Partner accepts the booking, the Platform will provide the Customer and the Service Partner certain user information, including without limitation first name, service location and contact information. The Service Partner may communicate with the Customer via the Platform for any clarification and to ensure that the required equipment and ingredients are available at the location of the Event in order to execute the Service Partner’s Services efficiently.
3.5 The Service Partner, at the Event location, shall ensure that all the required equipment and ingredients as notified to the Customer are available and if available, shall initiate the Service Partner Services, after verifying the OTP from the Customer, as per the instructions and concerns provided by the Customers in the Booking Details.
3.6 The Service Partner shall be required to inform the Company once the food is prepared and the services are completed as per the Booking Details and before leaving the location of the Event (“Completed Booking”) via the Platform or through any other medium of communication agreed between the Company and the Service Partner from time to time. The Service Partner shall be required to obtain OTP from the Customer for the Completed booking before leaving the Event location and shall provide such OTP on the Platform when prompted.
3.7 It is the Service Partner’s responsibility to clean the Event location before leaving the Customer’s premises.
3.8 It is the Service Partner’s responsibility to handle the Customer’s or the Company’s equipment with utmost care as if it was their own and in a professional manner.
3.9 The Service Partner is advised to get full insurance cover for any unforeseen events that may take place at the Event location.
3.10 The Service Partner may also provide feedback on the Customer and raise concerns, if any, via the Platform for the Company to take reasonable action against the said Customer and prevent the same situation to occur in future.
3.11 The Service Partner hereby accepts and acknowledges that he/she may be booked at a short notice of 4 (four) hours prior to the Event for providing Service Partner Services to the Customer.
3.12 The Service Partner hereby agrees to notify and update their account on the Platform regularly of his/her availability to provide Service Partner Services.
3.13 The Service Partner shall notify the Company at least 2 (two) days prior to his/ her unavailability for providing Service Partner Services along with the reason for such non availability. However, continued unavailability of the Service Partner for more than 2 (two) days in a month decreases his/her chance of getting leads for providing Service Partner Services through the Platform.
3.14 The Service Partner hereby acknowledges and agrees that the Company is only acting as an intermediary between the Service Partner and the Customer and any claim arising out of the engagement between the Service Partner and the Customer specifically in relation to any default on part of the Service Partner or Customer will be at the sole responsibility of the respective defaulter and the Company shall not be held liable to the Customer or the Service Partner for any reason whatsoever.
3.15 In case the preparation of food requires special equipment, it shall be the Service Partner’s responsibility to ensure that such equipment is made available by the Customer before the Service Partner arrives at the Event location.
3.16 Each Service Partner is eligible to have their own service kit which will be provided by the Company against a deposit/cash transfer. The Service Partner must keep the kit clean and wash/clean them properly after each use. The kit should be used only for the gigs given by the Company.
3.17 The kit provided to the Service Partner will have to be returned to the company in decent condition without any damage (wear and tear is acceptable) in case the Service Partner decides to stop its services and requests his/her deposit back.
3.18 Service Partners shall be entitled to refuse to prepare food and provide their services if the Customer has not provided a safe, clean and appropriate location for them, or if they behave towards the Service Partner in a manner which is discourteous, disrespectful, abusive or otherwise inappropriate.
4. SERVICE PARTNER CONDUCT
4.1 Before arriving at the Customer’s location, Service Partner is required to inform the Customer beforehand about their estimated time of arrival.
4.2 Some locations may have a no shoe policy and hence the Service Partner is required to confirm before entering the premises about all such requirements and be mindful of the same while performing the Service Partner Services.
4.3 Service Partner shall ask to be introduced to one Point of Contact (“POC”) who shall be a person the Service Partner can contact to reconfirm the menu, expected service time, allergies, number of guests and any related concerns.
4.4 Service Partner is required to ensure that the food prepared is as per the Customer’s requirements like spice levels, palate, allergies etc. and is required to incorporate any inputs given by the Customer.
4.5 Check and ensure all equipment, kitchen, ingredients and other essentials are available at the location and ready to use. In case anything is missing, notify the Customer immediately of the unavailability and its impact on the service.
4.6 Check the expiration date on all ingredients and examine its freshness. Check (smell / taste) ingredients when in doubt.
4.7 Start the service after obtaining Start OTP from the guest and be alert of all the surroundings. Let the client know your status 30 (thirty) minutes prior to the service time.
4.8 Serve the Customers at the time mentioned and make sure to take feedback from the Customer post the first course.
4.9 Seal packages after they are opened and refrigerate uneaten food to avoid wastage. Inform the Customer if there is surplus food.
4.10 Maintain the temperature of the food prepared. Hot food should have an internal temperature of 600C/1400F. Refrigerate fresh food (e.g., meat, fish, poultry, milk and milk alternatives) right after they are bought or received. Cold food must be kept at 40C/400F or less. Place a thermometer in each refrigerator and check temperatures to ensure that food is kept at a proper temperature of 40C/400F or less.
4.11 Post completion of every Service Partner Services, ensure that all tools provided in the service kit are washed, cleaned, and dried. Ensure that the knives are sharpened, that all tools are in designated slots and are safe to carry.
4.12 Service Partners are required to wear the entire uniform provided by the Company and are to ensure that it is clean and fresh for every service.
4.13 Always keep the service kit organized and well maintained. Report any losses and damages immediately. Service Partners are required to hold onto the damaged equipment and not discard the same.
5. DOs and DON’Ts for the Service Partner
DOs
1. Always arrive in a chef jacket that is spotless, ironed, and presentable.
2. Aprons should be clean and must be worn as per standards.
3. Kitchen cloth should be clean and always keep a spare of the same.
4. Chef clogs need to be kept clean, washed or wiped after every service.
5. Wear a fresh pair of socks for every service.
6. Service Partner should be well groomed with trimmed and clean nails, clean shaven or neatly trimmed beard.
7. Wear a hair net when required.
8. Hands should be washed before preparing food and after using the washroom, sneezing, coughing, or blowing nose.
9. Wear gloves if there is a cut or burn on your hands.
10. Keep raw food away from cooked or ready to eat food.
11. Keep toxic and poisonous substances separate from food and out of reach of children.
12. Keep the chef kit in a safe place and out of reach of children.
13. Use only as many utensils as required. Leave all the used utensils in the pot wash, clean and leave to dry.
14. Tie and keep aside all garbage bags.
15. Make sure all equipment used is put away safely, ovens are switched off, gas is turned off and no equipment is plugged in.
16. Show the Customer the space, the left-over ingredients and food, take approval and end service.
17. Always keep the Customer in the loop about everything. No surprises for them
18. Wash cutting boards and knives in hot soapy water. Rinse and sanitize utensils after cutting up raw meat, poultry, and fish and before using the utensils to prepare other food.
19. Always leave the kitchen clean and sanitized.
20. Thaw food in the refrigerator, microwave oven, or under cold running water.
DON’Ts
1. Long hair should not be kept open.
2. Don’t use excessive make up or products used on face/hair.
3. Overpowering fragrances should not be used.
4. Avoid touching your own hair, face or other parts of the body with your own hands while preparing the food.
5. Do not handle food directly while wearing a bandage.
6. Avoid using hand sanitizers as they do not replace good handwashing practices.
7. Do not pile on dishes or make the kitchen look extremely messy
8. Do not leave spillages, trims, or waste unattended to. Clean up immediately and discard any wastage as soon as possible.
9. Do not thaw food on the kitchen counter.
6. FEE AND PAYMENT TERMS
6.1 While signing up on the Platform, the Service Partner will be required to quote their expected remuneration per event. The Company reserves the right to accept or reject the quoted expectation and, in that case, shall offer the Service Partner an opportunity to reevaluate their pricing.
6.2 It is accepted by the Company that in lieu of the Service Partner Services, the Service Partner shall be entitled to receive a monetary consideration for a Completed Booking (hereinafter referred to as “Fee”).
6.3 The Fee shall be payable to the Service Partner within a period of 3 (three) days from the Completed Booking, in pursuant to a valid acceptance of the Completed Booking provided by the Customer.
6.4 The Fee shall be payable by way of credit in the Service Partner’s bank account, details of which will be provided by the Service Partner during registration.
6.5 It is accepted and acknowledged that for the Service Partner Services, the Company shall retain a percentage of the Fee as commission for providing leads through the Platform.
6.6 In the event that the Service Partner provides an inactive bank account on the Platform, the Service Partner will not hold the Company liable for not receiving the Fee. The Service Partner is solely responsible for periodically updating his or her bank account information on the Platform.
6.7 The Service Partner agrees that he/she shall not be entitled to receive the Fee in the event of any kind of failure to provide the Service Partner Services as per the Booking Details. The Company reserves the right to withhold the payment of Fee and recover all costs incurred by the Company due to non-compliance of the Booking Details by the Service Partner.
6.8 The Fee payable by the Company is exclusive of taxes. The Service Partner shall be liable for paying his/her own taxes payable under the applicable laws.
6.9 The Service Partner agrees that he/she will bear all costs including travel, set up, loading and unloading and all other incidental charges.
6.10 In the event there arises any issue or discrepancy with the payment, the Service Partner 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 Service Partner.
6.11 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 etc.
6.12 The Company may, as part of providing Platform Services, encourage the Users 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 Users agree to be bound by the following additional terms:
(i) The Company reserves the right to send promotional deals to Users, subject to applicable laws.
(ii) Based on the personal information provided by the Users, the Company may furnish the Users (by email or otherwise) with details regarding the Company’s offers, promotional deals and marketing communications, as further described in the Company’s Privacy Policyhttps://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 Users are not the intended recipient, then the offer is null and void.
(iv) The Company may request further information from the Users if the User wishes to participate in the Company’s promotional deals and offers. Participation in these promotions is completely voluntary and Users have the choice to decline such participation in any offer.
7. SERVICE PARTNER TRAINING
7.1 The Company may, from time to time, conduct training and upskilling sessions for the Service Partners. The Company may, at its discretion, block the profile of the Service Partners who fail to attend such sessions when called upon.
8. MINIMUM AVERAGE RATING
8.1 In order to attain continued access to the Platform, each Service Partner must maintain an average rating by Customers that exceeds the minimum average acceptable rating established by the Company for the serviceable territory, as may be updated from time to time by the Company in its sole discretion (“Minimum Average Rating”). In the event a Service Partner’s average rating falls below the Minimum Average Rating, the Company will notify and may provide the Service Partner, in its discretion, a limited period of time to raise his or her average rating above the Minimum Average Rating. If such Service Partner does not increase his or her average rating above the Minimum Average Rating within the time period allowed (if any), the Company reserves the right to deactivate access to the Platform.
8.2 The Service Partner shall be provided with a set of Standard Operating Procedures (SOPs) from the Company, and it is mandatory that the Service Partner strictly follows them without fail. The Service Partners acknowledge that it is their sole responsibility to read, understand, review, and check all updates to these SOPs from time to time.
8.3 The chances of a Service Partner receiving a booking is higher when his/her ratings are good and above the Minimum Average Rating.
8.4 Ratings are given by the Customer who have availed the Service Partner Services.
9. REFUNDS AND CANCELLATION
Users are requested to visit our Refund Policy for details and procedure about refunds and cancellation, available at https://bookmychef.app/refund_policy.html
10. OBLIGATIONS OF THE USER
10.1 The Users 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;
(ii) are solely responsible and liable for all activities carried out at the Event;
(iii) shall treat all Customers with courtesy and respect, and shall provide them with safe, clean and quality food as per the Booking Details;
(iv) must prepare the food in conformity with the Booking Details and is required to provide the best of his/her efforts;
(v) are solely responsible to obtain the necessary licenses as per applicable laws in order to render Service Partner Services;
(vi) shall abide by the Company policies and guidelines;
(vii) shall not engage, promote or provide instructional information about any illegal conduct or activity. Users 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;
(viii) shall not hold liable the Company for any liability of any kind incurred by the Service Partner 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;
(ix) shall not suppress or misrepresent any information related to the Platform Services being rendered by the Company;
(x) shall comply with all applicable laws of India;
(xi) shall not contact any Customer or use any Customer’s personal information for any other reason other than that of providing Service Partner Services as enumerated in these Terms;
(xii) have never been convicted of commission of a criminal offense nor are presently the subject of a complaint or indictment charging commission of a criminal offense;
(xiii) shall maintain high standards of professionalism, service and courtesy;
(xiv) shall maintain the Company’s goodwill or reputation through their Service Partner Services;
(xv) shall wear the Company’s aprons and t-shirts only when providing Service Partner Services and ensure that they are used in a dignified manner.
10.2 Users 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 User 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 offense or prevents investigation of any offense 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 USER AND WILL UNDERTAKE EVERY LEGAL ACTION AVAILABLE TO THE COMPANY.
11. RIGHTS AND OBLIGATIONS OF THE COMPANY
11.1 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 Users’ 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.
11.2 The Company shall not be held responsible for the following:
(i) any loss incurred by Service Partners due to any actions of the Customers including, without limitation, unavailability of proper equipment, location or misinformation;
(ii) any concerns or illness caused to the Customers due to allergies or related health conditions after consumption of the food prepared by the Service Partners;
(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 liability in any manner for any obligations that have not been explicitly stated in these Terms;
12. PRIVACY POLICY
The Users agree that, at all times during the subsistence of these Terms, it shall maintain appropriate records relating to the Platform 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 User (learn more in the https://bookmychef.app/privacy_policy.html) in order to provide Platform Services that are better, safer and more secure. The Company provides ways to interact across the Platform and the Platform Services and has designed a system to achieve a seamless and consistent User experience.
13. THIRD PARTY ADVERTISEMENTS AND LINKS
13.1 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. Users should always read the terms and conditions and privacy policy of a third-party website before using it.
13.2 The User agrees that terms and policies of third-party websites are not under the Company’s control and the User acknowledges that once they leave the Platform, the User shall be governed by the terms and policies of the site accessed/used by the User.
14. TERMS OF SERVICE
14.1 The Platform may allow registered Users to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas or other content on or through the Platform.
14.2 As part of the effective provision of the Platform Services and quality control purposes, the Company may request reviews from the Service Partner about the Platform Services and the Customers catered to through the Platform. Service Partner must not knowingly provide false, inaccurate or misleading information in respect of the reviews.
14.3 The Users 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.
14.4 If the User avails the Platform 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 Platform Services appearing elsewhere on the Company’s Platform):
(i) Platform Services available on the Platform are subject to change at any time without notice. Few of the Platform 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.
14.5 The Company reserves the right to disable the Platform Services currently available on the Platform and/or enable new services on the Platform. Platform Services provided will not be restricted and will be subject to change from time to time.
14.6 By using the Platform, Users acknowledge that while the Company takes every reasonable action to make sure that the Platform 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. User understands and acknowledges that the Platform 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 User due to such interruption, suspension, or termination of Platform Services.
14.7 Users understand and agree that the Company is not responsible or liable for any act or action of the User while availing the Platform Services and the Company is just acting as an intermediary between the Service Partner and the Customer.
14.8 Service Partner agrees and shall ensure that if they do not wish to or are unable to provide Service Partner Services for a specific period of time, such Service Partner shall log off from the Platform.
14.9 Service Partner acknowledges and agrees that each Service Partner may be subject to certain background checks from time to time in order to be eligible to provide Service Partner Services through the Platform.
14.10 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, Booking Details 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 Customers and Service Partner to satisfy themselves as to the accuracy of any Service Partner descriptions and Booking Details displayed respectively 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 and the Service Partner.
15. 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 Platform Services and any suggestions, ideas, enhancement requests, feedback, modifications, recommendations or other information provided by the Users or any other party relating to the Platform Services. These Terms are not a sale and does not transfer to the User any rights of ownership in or related to the Platform 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.
16. TERMINATION OF USER ACCOUNT
16.1 These Terms are effective as soon as the User visits and uses the Platform and will continue till they remove their account from the Platform.
16.2 The Company can refuse to provide or stop providing all or part of the Platform Services to the Users (including terminating or disabling User’s access to the Platform) immediately to protect the Company’s community or Platform Services, or if the User 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.
16.3 The Company can additionally terminate or change the Platform Services, terminate a User’s account or stop providing all or part of the Platform Services if the Company believes that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on the Company.
16.4 If the User 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 User’s account immediately, with or without advance written notice; (b) suspend, delete, or limit access to the User’s account (and any other accounts they control); and (c) to the extent permitted by applicable law, retain any amounts payable to Service Partners (which they forfeit). If Company deletes the User’s account for breach, they may only re-register at the sole discretion of the Company.
16.5 If the User believes that their account has been terminated in error, or the User wishes to disable or permanently delete their account, the User can raise a request to do so at hello@bookmychef.online.
17. LICENSE TO THE PLATFORM
Subject to the Users complying with each of these Terms and all policies published on the Platform, the Company, hereby, grants to the Users a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Platform to access the Platform Services, in accordance with these Terms, solely for personal reasons and not for resale or to provide services to third parties. The Users 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.
18. USERS’ ACCOUNT
User’s account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. Upon suspension or termination of User’s account, the Company reserves the right to remove or delete User’s information that is available with the Company, including but not limited to the account information. The restriction, suspension or termination of User’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 User 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 User’s identity and other details, provided to the Company and in conformity with the Privacy Policy. https://bookmychef.app/privacy_policy.html
19. DISCLAIMER AND WARRANTIES
19.1 The Platform 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.
19.2 The User 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 Platform Services provided to the User.
20. INDEMNIFICATION
The Users 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:
(i) Any breach or non-performance of any representation, warranty or obligation to be performed by the User pursuant to these Terms;
(ii) Violation of any law or rights of a third party by the User;
(iii) User’s use of the Platform.
21. 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, 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.
22. GRIEVANCE REDRESSAL MECHANISM
In case a User has any queries pertaining to the use of the Platform and/or the Platform Services under these Terms, the User can direct all their queries by contacting the Company’s support services via email at hello@bookmychef.online
In the event the User has any grievances, complaints and requests regarding these Terms and other policies published by the Company, such User can raise a complaint via email at hello@bookmychef.online (“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 User has made a number of requests. In such a case, the Company shall notify the respective User 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.
In case of complaints against the Customers by the Service Partner pertaining to behavior, activities at the Event, or any other such issues, the Company shall take reasonable action against the Customer as deemed fit by the Company including, without limitation, termination of account and any legal remedial action if required.
23. CONTACT US
If Users need to contact the Company for anything related to the Platform Services, they may write to the Company at hello@bookmychef.online
24. MISCELLANEOUS
24.1 Amendment
The Company may amend these Terms from time to time and will post such amendments on the Platform. If the User objects to any amendment to these Terms, the User should terminate these Terms and stop using the Platform. In the event the User continues to use the Platform after the effective date of any amendment, the User will be deemed to have agreed to and accepted any modifications set forth in the amendment.
24.2 Assignment
The User 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 Platform 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 User for the Platform Services provided under these Terms.
24.3 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.
24.4 Communications
When the User uses the Platform or sends emails, other data, information or communication to the Company, the User agrees and understands that it is communicating with the Company through electronic records and User consents to receive communications via electronic records from the Company periodically or as and when required. The Company may communicate with the User by email, SMS, push notifications or any other mode of communication, electronic or otherwise and User hereby consents to receive communications in all such forms.
24.5 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.
24.6 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.
24.7 User warranties
By creating an account on the Platform and availing the Platform Services provided, the Users 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.
24.8 Breach of these Terms
If any User 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 User’s account, the Company will forfeit all the information provided by the User through the use of Platform.
Upon suspension or termination of User’s account on the Platform, the Company reserves the right to remove or delete User’s information that is available with the Company. The restriction, suspension or termination of User’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 User 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 the User’s identity and other related information, as required.
24.9 Governing Law and Jurisdiction
If User considers there to be a disagreement for the Platform Services provided by the Company, User 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 Users using the Platform or between any Customer and Service Partner. User’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 Users. By continuing to use the Platform, the Users consent to the amended terms of this Terms.