“Diner” or “Diners” refers to any party who is allowed to view and order the Goods/Food or Services listed on the Eat Social.
“Food” means any perishable substance that people eat or drink which is prepared by any of the listed Home Chefs (at the premises of the Chef) for the Diner.
"Food Delivery" is a reference to perishable goods and to any form of delivery service provided by Home Chefs at its sole responsibility for delivery of Food at such premises as intimated by the Diner.
"Goods" is a reference to any goods, food or service, which we may offer for sale from Eat Social from time to time;
The usage “He” / “ His” would include “She”/“Her” and vice versa.
“Home Chef” or “Home Chefs” is any party who list(s) their Goods/Food or Services offering on Eat Social.
“Order” means any order placed for Food / Goods or Services through the Eat Social Mobile Application, Website, Phone or any other means.
"Service" or "Services" is a reference to any service which we may render / which You may request via Eat Social;
"Use" or "Using" means to access, view, download, upload, or any other legal Use or otherwise benefit from using the Eat Social.
“User” or “Users” refers to any party using Eat Social as Home Chef or Diner or as both, within India.
“User’s Content” means any content, including any text, data, information or other material, that You may upload, transmit or store using the functionality of the Eat Social.
"Verified Home Chef" or “Verified Home Chefs” is a Home Chef, who has requested for and undergone Eat Social Home Chef Evaluation Process and is listed with such status of pre-evaluation, grading and verification on the Eat Social mobile applications and the Website. A “Verified Home Chef” may also be a “Diner” of Eat Social.
"We", "us", "our", and "Eat Social" are references to the Company;
"You", "Your" and "Yours" are references to You the person accessing or using the Eat Social and ordering any Goods or Services from the Eat Social or from any other channel provided by Eat Social for his own purpose or on behalf of someone else and includes any legal entity.
Eat Social mobile applications and the Website may have a visual differentiation between Goods/Food or services listed by Verified Home Chefs and those by Home Chefs.
Unless stated otherwise, the term “Home Chef” refers to both “Home Chef” and “Verified Home Chef”.
Usage of Service
Eat Social provides a means for the User, subject to acceptance of Terms and at Eat Social’s sole discretion, to create the “User Account”. Eat Social may require User to provide phone number, and address as part of the creation of the account or anytime later. We solely reserve the right to accept or reject application made by User for having User Account without obligation of explanation. We reserve the right to store, evaluate, analyse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that Eat Social shall always have the right to close the User Account without any prior notice for any reasons whatsoever it may be.
Any person who accesses this Eat Social mobile application, the Website or services through phone is presumed to be legally capable of entering into a legal contract either on their own or through their parents or guardian and has understood and accepted the Terms.
Rule of Conduct
Eat Social shall facilitate the User to list or order Food/Goods or Service online by Using the Eat Social mobile application and/or the Website. You acknowledge, agree that You have complete responsibility while ordering and Your discretion is required while Using the Eat Social mobile applications or the Website.
The Eat Social mobile applications and/or the Website shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal Use and for no other purposes. User’s Use of the Eat Social is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the Eat Social mobile applications and/or the Website for which action User shall be responsible and liable to Eat Social and any other third party,if any.
These Terms contain the entire understanding and agreement between User and Eat Social and supersedes any and all prior or inconsistent understandings relating to Eat Social Service and Your Use of Eat Social Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and Your Use of Eat Social Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the Eat Social Service, and, for the purposes of any and all legal or equitable actions, You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Bangalore, Karnataka, India and You will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
Users outside India shall not be using Eat Social for any purpose.
Ordering by User (Diner)
Any contract for the supply of Food/Goods or Services from Eat Social is between Diner and the Home Chef. Eat Social is not involved in the service agreement between Diner and Home Chef. You agree to take particular care when providing us with Your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the payment credentials (credit or debit card details) that You provide are of Your own and that You have sufficient funds to make the payment.
Food, Good and Services ordered through the Website or through the Eat Social mobile applications are intended for Your Use only and You warrant that any Goods purchased by You are not for resale and that You are only a User.
Please note that some of the Food/Goods or Service listed on Eat Social by Home Chefs may not be suitable for certain age ranges, for certain individual, or individual with some allergies and food sensitivity. It is Your responsibility that You check the details with the Home Chef about Food/Goods and Service, ingredients, environment of preparation, any specific information which could affect You and make sure what You are ordering is suitable for You and the intended recipients and Eat Social will be neither be responsible nor liable for the action or omission of Home Chef and/or You.
When ordering from the Eat Social Website or Mobile App You may be required to provide an e-mail address, phone number, Facebook or Google+ account details and password. You must ensure that You keep the combination of these details secure and do not provide this information to any third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss You may suffer when a third party procures unauthorized access to any data You provide when accessing or ordering from the Website.
You understand that, if the ordered Goods/Food or Service fulfillment is within the capacity of the Home Chef, the Home Chef will accept the contract and confirm it to User. If the details of the order are complete and correct, and possible to fulfill in permit-able time duration then it should be confirmed by Home Chef.
When You place Your order, we may contact You on phone, send You an email or SMS to confirm that we have received it. This email or SMS confirmation will be produced automatically so that You have confirmation of Your order details. You must inform us immediately if any details are incorrect. If the Goods/Food or Service for which You placed the order is not available, or Home Chef is not able to fulfill or not able to deliver to Your location, You will be informed. You understand and acknowledge that in unforeseen events or Force Majeure events, we may not be able to reach and/or communicate with You about the unavailability or non-delivery.
Order Fulfillment (by Home Chef)
Any contract for the supply of Food/Goods or Services from Eat Social is between Diner and the Home Chef and fulfillment is sole responsibility of the Home Chef. Eat Social is not involved in the service agreement between Diner and Home Chef. As a Home Chef, you agree to take particular care when taking the orders, details about the user preferences and warrant the details are taken accurately and complete, also warrant that you provide the food or service to User as per the order by the user.
When taking the order from the Eat Social Website or Mobile App You may be required to provide an e-mail address, phone number, Facebook or Google+ account details and password. You must ensure that You keep the combination of these details secure and do not provide this information to any third party.
You have to provide the details about your bank account, digital wallet or other payment methods to Eat Social for invoicing purpose. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of the payment secure, but in the absence of negligence on our part we cannot be held liable for any loss You may suffer when a third party procures unauthorized access to any data You provide when accessing or ordering from the Website.
As a Home Chef, You understand that, the fulfillment of the ordered Goods/Food or Service is your responsibility. You shall accept the order and confirm it to User as soon as you receive the intimation about the order. If the details of the order are not complete, not correct, or due to unavoidable circumstances it is not possible to fulfill the order in permit-able time duration then immediately inform Eat Social.
If delivery is done by the Home Chef or its delivery partners, it is the Home Chef’s sole responsibility to provide delivery in a timely manner. If order is to be picked up by the user then also it is Home Chef’s responsibility to prepare the Food or item in timely manner and keep it ready for pick up.
Price and Payment for the Order
The membership of the Website and Eat Social mobile applications is free of cost and this includes the browsing of the Website and the downloading, installing and browsing the Eat Social mobile applications. However, charges shall be applicable on the services rendered by us through our website and/or Eat Social mobile applications, including without limitation the goods, food items and services being made available through Eat Social.
All prices listed on the Eat Social for Goods/Food or Services are correct at the time of publication and decided by us or Home Chefs or jointly. We also reserve the right to alter the Goods/Food or Services available for sale on the Eat Social, decide the prices for Goods/Food or Services and to stop listing Home Chefs, Goods/Food or Services.
The total price for Food, Goods or Services ordered, including delivery charges, service charges of Eat Social to User(s) and other charges, will be displayed on the Website and/or Eat Social mobile applications with or without breakup when You place Your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the Website or mobile applications, by online payment, e.g. credit, debit card or bank transfers.
If You choose online payment, You must pay for Your order before it is delivered or picked up. To ensure that shopping online is secure, Your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is You placing the order.
Settlement and Earning
Eat Social reserves the right to deduct the service charges and other reasonable charges before releasing the payment to Home Chef. In case payment is done directly to Home Chef (cash-on-delivery or cash-on-pickup) then Home Chef agrees to pay the service charges and any other charges payable to Eat Social as defined by Eat Social from time to time. Mode of the transaction shall be defined by Eat Social and may be subject to change over time. Service charges shall be defined by Eat Social and may be subject to change over time
You are responsible for any income tax/service tax or other expenses for the earning through services provided by Eat Social. Eat Social is not responsible for any direct or indirect expenses or compliance requirement due to the usage of Eat Social service for You.
Pickup and Delivery
Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by You at the time of ordering.
If You agreed for pickup for the Goods, then it is Your responsibility to pick up the goods on agreed time duration from agreed location between You and Home Chef. We are not responsible for location of pickup, time of pickup and readiness of Your goods at agreed time.
In case of no show for pickup, You are still liable to pay for the order and failure to do so may, without prejudice to any other action, result in to blockage of the Eat Social services for You.
When delivery is done by us or a third party delivery partner assigned by us, we will give great care to deliver in a timely manner. We take no responsibility for late delivery for reasons beyond our control.
All transit risk in the Goods and the Food Delivery and Pickup shall pass to You.
If You fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery or pickup, or we/Home Chef are unable to deliver at the nominated time due to Your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to You and all risk and responsibility in relation to such goods shall pass to You. Any storage, insurance and other costs which we incur as a result of the your action or failure, it will be Your responsibility and You shall indemnify us in full for the same.
You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
Eat Social and Home Chefs, who will prepare Your order, will try our best to deliver the product to You at the place of delivery/pick-up requested by You in Your order within the time confirmed and will aim to inform You if they expect that they are unable to meet the estimated delivery time or arrange for the pickup.
Home Chefs and Eat Social shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or pickup.
You understand and accept that it might not be possible for us or Home Chefs to deliver to some locations. If this is the case, we will inform You using the contact details that You provide to us when You make Your order for option of pickup or arrange for cancellation of the order.
Generally cancellation is not entertained due to short period of daily orders. If You wish You may notify Home Chef directly. If the Home Chef accepts Your cancellation, Home Chef may refund You directly. Eat Social is not responsible for the refund in case of cancellation.
Chefs can refuse cancellation, e.g. because preparation of Food has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already prepared and/or dispatched.
In the unlikely event that the Home Chef prepares or delivers a wrong item, You have the right to reject the delivery of the wrong item and You shall be fully refunded for the missing item. If we can only do a partial delivery (a few items might be not available), we would inform You or propose a replacement for missing items. You have the right to refuse a partial order before receiving and get a refund.
We or Home Chef may cancel a contract if the product is not available for any reason. We will notify You if this is the case and return any payment that You have made.
Rating and Feedback
Eat Social Uses the information received through feedback and other information about profile of the Home Chefs and Diners to derive the information Useable by all the Users of the Eat Social and indicative rating. Eat Social does not endorse any indicative rating and do not have any opinion, recommendation, or advice expressed due to rating, and Eat Social expressly disclaims any and all liability in connection with all feedback and indicative rating.
Where we have requested information from You to provide Food Delivery, Goods or Services You agree to provide us with accurate and complete information.
You authorize us to Use, store or otherwise process Your personal information in order to provide the Food Delivery, Goods or Services to You and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of Your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to You or where this is required by law or in order to provide the Food Delivery, Goods or Service to You.
Personal Information and Privacy
User understands and acknowledges that by choosing Eat Social You have allowed Eat Social to Use Your personal information.
User understands, acknowledges and agrees that although Eat Social provides appropriate firewalls and protections, the Eat Social is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Eat Social is required to disclose Your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Eat Social Service and/or any particular User(s), Eat Social will disclose it without obtaining prior permission from You. You authorize us to disclose Your personal information.
We take complaints very seriously and aim to respond to Your complaints. All complaints should be addressed to firstname.lastname@example.org.
You are a restricted user of the Website and/or Eat Social mobile applications.
You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website and/or Eat Social mobile applications. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and/or Eat Social mobile applications is not permitted.
You agree not to access (or attempt to access) the Website and/or Eat Social mobile applications and/or the materials or Services by any means other than through the interface that is provided by us. The use of deep-link, 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or Eat Social mobile applications, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and/or Eat Social mobile applications is specifically banned. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website and/or Eat Social mobile applications. Further, You may report to us about such allegedly offensive content.
In places where the Website and Eat Social mobile applications allows you to post or upload data/information, "You" undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, "You" undertake not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others or Eat Social.
Engage in any activity that interferes with or disrupts access to the Website and/or Eat Social mobile applications or the Services or the servers and networks which are connected to the Website and/or Eat Social mobile applications.
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
Post any file that infringes the copyright, patent or trademark of other legal entities.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or Eat Social mobile applications or another's computer.
Probe, scan or test the vulnerability of the Website or Eat Social mobile applications or any network connected to the Website or Eat Social mobile applications, or breach the security or authentication measures on the Website or Eat Social mobile applications or any network connected to the Website or Eat Social mobile applications. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and/or Eat Social mobile applications, or any other customer of the website and/or Eat Social mobile applications, including any User Account not owned by You, to its source; or exploit the Service or information made available or offered by Eat Social, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and/or Eat Social mobile applications.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or Eat Social mobile applications, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites and/or Eat Social mobile applications or any affiliated or linked sites.
Collect or store data about other users from the Website and/or Eat Social mobile applications.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
Violate any applicable laws or regulations for the time being in force within or outside India.
Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
Disclaimer and Limitations of Liability
The Eat Social services and all contents, materials and posting are made available on an “AS IS” and “AS AVAILABLE” basis, without any representation or warranty of any kind, express or implied. Great care has been taken to ensure that the information available on Eat Social mobile applications and the Website and Eat Social is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that Use of the Website, mobile applications and Eat Social will be error free or fit for purpose, timely, that defects will be corrected, or that the Website, mobile applications or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Eat Social and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
We disclaim any and all liability to You for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect Your statutory rights as a consumer. If we are found liable for any loss or damage to You such liability is limited to the amount You have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to You, howsoever arising.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to You or Your computer or phone system via our Website or Mobile applications.
We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction,acts of third parties, causes beyond reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
If we or Home Chefs have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to You by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
Eat Social is a social platform and content on the platform and content on the Eat Social mobile application and/or website include the content generated by the user of the Eat Social mobile application and/or website. If you believe some Eat Social user is posting your copyrighted work without your permission, you may wish to inform us. Eat Social shall not be held liable for user generated content on Eat Social mobile applications and/or website.
The products sold by us are provided for private domestic and consumer Use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the Use of the Website or for any products or services purchased from us.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from You is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
In the event Eat Social has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Eat Social may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Eat Social reserves the right to seek compensation from any and all violators.
We have done everything in our capacity to recommend procedure and periodic checks to maintain the quality of food supplied by Home Chefs. However in the unlikely event of Poor Quality of Food reported by the customer, Eat Social customer support team will take a majority opinion of the customers whom the same food was delivered on the given day and if a widespread quality issue exists, we will consider the issue and handle accordingly.
Photographs, videos and text provided on the Eat Social mobile applications and/or the Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel. The goods and services displayed in photographs, videos and text or advertisements may have variations in colours, tastes, looks, feel, etc. when compared to the delivered goods or services.
You agree to indemnify, defend and hold Eat Social and TNF Technologies Pvt Ltd, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by You, or due to Your activities related to the Eat Social, whether by Use of User Account or otherwise.
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE EAT SOCIAL AND ANY SERVICES OF EAT SOCIAL. YOU MUST ACCEPT AND ABIDE BY THIS TERM IF YOU USE EAT SOCIAL MOBILE APPLICATION, WEB SITE OR SERVICE THROUGH PHONE OR ANY OTHER FORM.
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