Deliciousness at Your Doorstep
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
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.