Last Update: 11th Feb, 2016
This document is an electric record and does not require any physical / digital signature (As per Information Technology Act, 2000). It is published in accordance with provisions of Rule 3(1) of the IT Act Rules 2011.
The Platforms are completely owned & operated by GOOD FOOD FRIENDS (hereinafter referred to as “HOBBYCOOK”, “we”, “us”, “company” or “our”), a company based in Ahmedabad, Gujarat, India.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
ABOUT US & HOW IT WORKS
We are a service provider providing you an online platform to (a) order food items / meals online from the list of options made available by passionate food makers at home (“Vendors”); (b) pre-pay for your food order via banking channels, debit or credit card, wallet or gift card. WE DO NOT HAVE THE CASH-ON-DELIVERY (COD) OPTION AVAILABLE AS OF NOW.
We do not own, sell, furnish, provide, manage and/or control the Vendors or the related services provided in connection thereof.
Our responsibilities are limited to: (a) facilitating the availability & accessibility of the Platforms; and (b) serving as the limited agent of each Vendor for the purpose of accepting payments from you for your online food order and delivering your order at the designated address.
REGISTRATION & USAGE
It is absolutely free to register / access the Platforms. However, charges shall be applicable on the services rendered by us through the Platforms, including but not limiting it to the sale of food items / meals.
You may access the Platforms either by
(a) signing in as a guest; or
(b) registering to create an account (“HOBBYCOOK Account”) and become a member (“Member”).
You agree to provide accurate, current and complete information during the registration process and timely update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your HOBBYCOOK Account and your access to the Platforms if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HOBBYCOOK Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your HOBBYCOOK Account so that we can take necessary actions.
Items purchased from our Platforms are intended for your personal use / consumption and you represent that the same are not for resale or you are not acting as an agent for other parties.
ORDER, PAYMENT & OTHER TERMS
The Platforms allow you to select and place order(s) for food items / meals that we will deliver to you, subject to various terms and conditions mentioned herein.
As a general rule, all orders placed are treated as confirmed. However, sometime upon your successful placement of an order, we may call you on the mobile number provided to confirm the details of the order. For this purpose, you will be required to share certain information with us, including but not limited to (a) Full Name (b) Mobile Number; and (c) Email Address. It shall be your sole responsibility to bring to our attention any incorrect details.
In addition to the above, we may also contact you by phone and / or email to inform / confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and you will receive an email confirming the change in order. It is also clear that in the event you are unavailable / not reachable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.
You can pay (advance) online via banking channels, debit or credit card, wallet or gift card/voucher. WE DO NOT HAVE THE CASH-ON-DELIVERY (COD) OPTION AVAILABLE AS OF NOW.
You acknowledge that we are Limited Agent of the vendor for purpose of accepting payments from you on their behalf. Upon your payment of amounts to us, which are due to the Vendor, your payment obligation to the Vendor for such amounts is completed, and we are responsible for remitting such amounts, to the Vendor. YOU SHALL NOT, UNDER ANY CIRCUMSTANCES WHATSOEVER, MAKE ANY PAYMENT DIRECTLY TO THE VENDOR(S).
The company has the right to change or discontinue any or all promotional schemes at its discretion.
CANCELLATIONS & REFUNDS
As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancel your order in the following circumstances – (a) in the event of the designated address falling outside our delivery service area, or (b) failure to contact you by phone or email at the time of confirming the order booking, or (c) failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery, or (d) unavailability of all the items ordered by you at the time of booking the order; or (e) failure due to reasons beyond our control and/or attributable to the Vendor.
You shall be entitled to a refund only in the event of any of the following circumstances – (a) your order packaging has been severely tampered or damaged at the time of delivery, (b) us cancelling your order due to any of the above mentioned reasons; or (c) you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund amounts shall be credited to your account within 5 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
TERMS OF SERVICE
You agree and acknowledge that we shall not be responsible for – (a) The food items / meals provided by the Vendor including, but not limited to, serving of food orders suiting your requirements and needs; (b) The Vendor’s food items / meals or overall service not being up to your expectations or leading to any loss, harm or damage to you; (c) The availability or unavailability of certain items on the menu; or (d) The Vendor serving the incorrect orders.
The details of the menu and price list available on the Platforms are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.
You may not be able to access our Platforms if your delivery location is outside our delivery service area. We will keep you informed of the same at the time of confirming your order booking.
You understand that delivery period quoted (if any) to you, at the time of confirming the order or otherwise, is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
Your order will be only delivered to the address designated by you at the time of placing the order on the Platforms. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such items shall be deemed to have been delivered to you and all risk and responsibility in relation to such items shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
You also understand that our liability ends once your order has been delivered to you.
(a) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the items purchased from the Platforms.
(b) Each purchase on the Platforms shall contain necessary instructions for usage. You shall not be entitled to receive any credit, refund or cash back for the value of the items sold if you fail to redeem the items within the expiry date or in accordance with the terms therein.
(c) You agree and acknowledge that neither we nor the Vendor shall be liable in the event of you failing to adhere to the Terms.
(d) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit / debit card details to the approved payment gateways for availing the services. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit / debit card.
(e) If you use the Platforms, you do the same at your own risk.
We do not offer any refunds against items already purchased from the Platforms unless an error that can be directly attributed to us has occurred during the purchase of such items.
We constantly strive to provide you with accurate information on the Platforms. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
You agree that the services shall be provided by us only during our working hours and that of the relevant Vendors.
We do not endorse any Vendor or specific food item / meal nor place any guarantee as to its nature, price, quantity, quality, etc. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any of your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Platforms, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
If you choose to use the Platforms, it shall be your responsibility to treat your user identification code, password and any other piece of information that you may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms.
As we are providing services in the city of Ahmedabad, we have complied with applicable laws of India in developing the Platforms and making its content available to you. In the event the Platforms are accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platforms and its contents are available or otherwise suitable for use outside Ahmedabad. If you choose to access or use the Platforms from or in locations outside Ahmedabad, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.
You understand and agree that the use of the Platforms does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platforms requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platforms and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
By using the Platforms you represent and warrant that:-
(a) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information;
(b) Your use of the Platforms shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data;
(c) You will not submit, post, upload, or share any content that is:
(i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
(ii) bigoted, hateful, or racially or otherwise offensive;
(iii) violent, vulgar, obscene, pornographic or otherwise sexually explicit;
(iv) illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(e) You will not (i) use any services provided by the Platforms for commercial purposes of any kind, or (ii) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact email@example.com;
(f) You will not use the Platforms in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion;
(g) You will not submit, post, upload, or share any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platforms or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms;
(h) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
(i) You will not engage in any form of anti-social, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
(j) You will not delete or modify any content of the Platforms, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
(k) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, blasphemous, pedophilic, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
(l) You shall not access the Platforms without authority or use the Platforms in a manner that damages, interferes or disrupts – (i) any part of the Platforms or its software; or (ii) any equipment or any network on which the Platforms are stored or any equipment of any Third Party.
ACCESS & SECURITY
We endeavour to make the Platforms available to you during Vendor working hours. However, we do not represent that access to the Platforms will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platforms will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Platforms. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platforms will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platforms to you personally, or to all users temporarily or permanently at any time without notice.
Your download / installation, viewing / surfing, access to or use of the Platforms is also bound by these Terms.
We are solely responsible for providing any maintenance and support services with respect to the Platforms as required under applicable law. You and we acknowledge that a Mobile Manufacturer / Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platforms.
You and we acknowledge that we, not the relevant Manufacturer / Operator, are responsible for addressing any claims of you or any Third Party relating to the Platforms or your possession and/or use of the Platforms, including, but not limited to: (a) any claim that the Platforms fail to conform to any applicable legal or regulatory requirement; and (b) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any Third Party claim that the Platforms or your possession and use of the Platforms infringes that Third Party’s intellectual property rights, we, not the relevant Manufacturer / Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable Third Party terms of agreement when using the Platforms (e.g. you must ensure that your use of the Platforms is not in violation of your mobile device agreement or any wireless data service agreement).
THE PLATFORMS MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORMS OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORMS. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON OUR PLATFORMS. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.
WHILE THE MATERIALS PROVIDED ON THE PLATFORMS WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORMS. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH OUR PLATFORMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We are the owner or the licensee of all intellectual property rights in the Platforms, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. So you are prohibited from posting, reproducing, publishing, editing such content. In case you find any issue with content posted by us, kindly report the same to us via email (firstname.lastname@example.org) and we will look into the matter. We are under no obligation to remove such article and the final authority for the same lies with us.
You may print off one copy, and may download extracts, of any page(s) from the Platforms for your personal reference and you may draw the attention of others within your organization to material available on the Platforms.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platforms for commercial purposes without obtaining a license to do so from us or our licensors.
THIRD PARTY CONTENT
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Your use of the Platforms shall comply with all the applicable laws, including without limiting to:-
Foreign Exchange Management Act, 1999
Information and Technology Act, 2000
Prevention of Money Laundering Act, 2002
Foreign Contribution Regulation Act, 1976
Exchange Control Manual
Income Tax Act, 1961
Export Import Policy – GOI
In case of any dispute arising out of formation or interpretation of this Agreement shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes shall be the courts located in the city of Ahmedabad. Gujarat, India.
If you have any queries regarding this agreement or any other piece of information on our Platforms, you can email us at email@example.com.