FOODISM

Terms and Conditions

Here you will find Foodism's Terms and Conditions. Please, read carefully. If you have any questions, don't hesitate to contact us.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of the Application and the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Foodism.xyz Private Limited, proprietor and owner of “Foodism” (hereafter referred to as ”Foodism”, "we", "us", or "our" and includes group companies, intermediaries, subsidiary companies and affiliates) provides an online platform that connects homechefs who want to provide homemade food and customers who want to order from these home chefs (collectively, the “Services”), which Services are accessible at https://foodism.xyz/ and any other websites/applications through which Foodism makes the Services available (collectively, the “Site”). All references herein to “User”, “your” or “you” refer to any person participating as a user of the Site who is not participating as a Home Chef (“Chef”).

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and constitute a binding legal agreement between you and Foodism. Please read carefully these Terms and our Privacy Policy. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

THESE TERMS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME. BY CONTINUING TO ACCESS OR USE THE SITE OR SERVICES AFTER WE HAVE POSTED A MODIFICATION ON THE SITE OR HAVE PROVIDED YOU WITH NOTICE OF A MODIFICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY THE MODIFIED TERMS. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE SITE AND SERVICES.

Eligibility:-

The site and services are intended solely for persons aged 18 or older. By accessing or using the site or services you represent and warrant that you are 18 or older. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of 18 are not using the Website. In the event that it comes to our knowledge that a person under the age of 18 is using the site, we will prohibit and block such member from accessing the site and will make all efforts to promptly delete any Personal Information (as defined in our Privacy Policy) with regard to such member. Foodism will not be liable for any loss or damage arising from the unauthorized access to or use of your site or services. Upon termination for any reason, Foodism will disable and/or delete your Account at it’s own discretion.

Foodism Marketplace:-

Foodism Marketplace is a platform for home chefs, hobbyist cooks, kitchen gardeners and food enthusiasts, to come together and share their common love for cooking, eating and food and enables Chefs to provide Food Services for sale to Users through the Marketplace and to arrange for the delivery of meals or food items to Users through several delivery mechanisms provided either by the Chefs or by Foodism.  Foodism Marketplace and Site include certain features and functionalities to facilitate Chefs’ sales of food services, which features may include, without limitation, food service listings, search functions, Chef biographies, user reviews, order-taking functions, payment processing mechanisms, delivery system interfaces, and other features, at the sole discretion of Foodism.

Users hereby understand and acknowledge that Foodism is merely a platform-provider for home chefs and food enthusiast to enable them to list their products and sell them. Foodism itself plays no role in the listings on the website that may be listed by the home chefs for further sale by them.

As between Foodism and you, Foodism’s role is solely (a) to facilitate the availability of the Site for Chefs and Users, and (b) to collect payment from Users.

Users hereby understand and acknowledge that Foodism cannot and does not control the preparation of any food items/services, the ingredients used, the condition, perishability, legality, or suitability of any food services or the kitchens in which they are prepared. Food services may be prepared in kitchens that are not subject to regulation or inspection by any central, state or local government authorities. Foodism is not responsible for and disclaims all liability related to any food hygiene or quality offered for sale through the Site. Accordingly, any purchase and consumption of food services by you are made at your own risk and Foodism is a mere platform to connect Chefs and end users.

Order Placement:-

Once you have selected the food item you wish to order from the home chef, you will have to submit the order. Please note it is important that you check that the information entered is correct and free of any errors. On receipt of the payment, order processing will begin and we will send notification by SMS or e-mail that payment has been received and the order is being processed.

Order confirmation can take a few minutes. Since Foodism plays no role in the services provided by the home chefs, if a specific order cannot be delivered for any reason, Foodism will not be under any obligation to provide options or arrange food from some other Chef. In such a case if you wish to cancel the order, Foodism will cancel the order and the payment will be refunded.

Where any payment made is not authorized, you will be returned to the previous page on the Website and we shall not be obliged to provide the services. Please note that once you have made the order and payment has been authorized you will not be able to cancel your order nor will you be entitled to a refund. You may be able to cancel the placed order after 2 minutes of payment if the payment gateway so allows.

Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to 2-45 (two to forty five) days to be deducted from your bank account.

Pricing of the Products:-

Since Foodism merely acts as a platform to enable the sales of the products prepared by Home chefs, the pricing is decided solely by the Hone Chefs. The prices for the products and delivery, if any, will be as quoted on this website from time to time. Applicable taxes will be included at checkout. The prices may be subject to change from time to time.

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the website is 100% accurate. If a Product is listed at an incorrect price or a product description is inaccurate, we have the right, in our sole discretion, please be informed that it has either been informed in the manner to us by the Home Chef/s or there has been a typographical error on our part.

No Endorsement:-

Foodism does not endorse any home chefs, the content, the meals or any other information or products listed by the Home Chef from time-to-time. Furthermore, our terms of service require every user to register and provide actual and accurate information, however, we do not attempt to confirm and do not confirm any user/member’s purported identity. Before your interaction as a user or your usage of the website and the services, you will be responsible for determining the identity and suitability of others who you contact via the website and services.

Content Posted by Users:-

We may even provide a social-media forum and other interaction platform options; however, we will never be responsible for the identity of the user who you choose to interact with. In no way will we be responsible for any damage or harm of any nature, resulting from your interaction/s with other users/members or home chefs. By using the website and services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular users/members or home chefs and you agree not to impose any liability on or seek legal remedy from Foodism with respect to such actions or omissions.

Product Description:-

We make reasonable efforts to display, as accurately as possible, the colors of the products as shared with us by the Home Chefs. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of Products you see when viewing the website will be accurate.

Availability & Delivery :-

Your order will be fulfilled by the delivery date provided in the confirmation or, if no delivery date is stated, then as informed to you by the Home Chef from whom you have ordered the product/s, absent the occurrence of a Force Majeure Event. You further understand and acknowledge that Foodism plays no role in determining the availability or facilitating the delivery of the product/s as it solely depends on the Home Chef.

No responsibility is taken by Foodism in case of late delivery, non-availability, booking of products, charges of the products, cancellation and refund by the home chef under any circumstances.

Food Safety Considerations:-

You are responsible for the safe handling of all Products made available through our website, mobile applications or blogs and other media (“Home Chef media”) upon delivery. We recommend immediately inspecting all products you receive from the home chef/s for any damage or other issues, and to determine freshness upon delivery. We do not claim any responsibility for packing and sending shipping containers with insulated liners and gel packs etc. in an effort to ensure products are reached safely to you. Every home chef has a different policy of packing products and you are advised to check the same before placing any order so as to be aware of how the products will be delivered to you.

Therefore, upon receiving your ordered items, you should always promptly inspect your delivery to confirm that the meal ingredients are not otherwise damaged. In case of any issue with the order, you are required to directly connect to the home chef from whom you ordered the desired items and get the issue resolved as Foodism plays no role in it.

You acknowledge that while home chef takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other products offered in connection with the home chef service to contain some or all of those allergens. In addition, due to the variable nature of ingredient availability, nutritional information provided by home chef may differ from other nutritional information, the understanding of which is your sole responsibility and we disclaim all liability for any such allergic reactions or problems that may occur on consumption of products delivered to you by home chefs from our platform. If you suspect that you have an allergic reaction or other adverse health event, you are advised to immediately contact your health care provider.

User Conduct:-

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the website/application and availing of services. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through our website/application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:

i. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

iv. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

v. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

vi. impersonates any person or entity, including any of our employees or representatives.

Third-Party Links:-

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Foodism is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Foodism of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Some commercials, advertisements and/or sponsored links, whether within or beside the Website may be integrated. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and Foodism makes no warranties or representations as to such advertisements, whether or not Foodism has control over such advertisements. Foodism, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto.

Risk and Title:-

On receipt of the products ordered by you, ownership and the risk of loss passes to you. Following delivery, you, and not Home Chef, are solely responsible for the proper and safe washing, preparation, storage and cooking of the products. By ordering any products, you agree to use them at your own risk.

Intellectual Property Rights:-

The Site, Services and content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Site, Services and content, including all associated intellectual property rights, are the exclusive property of Foodism and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Foodism used on or in connection with the Site, Services, and content may be trademarks or registered trademarks of Foodism or other parties. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Services, and content are used for identification purposes only and may be the property of their respective owners. As a Chef, Guest or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Services and content, related to Trademark & Branding Guidelines.

Indemnity:-

You agree to indemnify and hold harmless, without objection, Foodism, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from your use of the site and services or breach of the terms; arising out of or in any way connected with your access to or use of the Site, Services, content or your violation of these Terms; your content; your interaction with any other user, booking of any food order or the use, condition or consumption of any food item/s ordered from Foodism by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a consumption, booking or use of any food item so ordered through the Foodism platform.

Liability:-

YOU ACKNOWLEDGE AND AGREE THAT NEITHER FOODISM NOR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, AND/OR IT’S RELATED CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, AND/OR IT’S RELATED CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR BOOKING OF ANY ORDER VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FOODISM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN SUM, IN NO EVENT SHALL FOODISM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR/AND LOSSES OR/AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO FOODISM, IF ANY, THAT IS RELATED TO THE CAUSE OF ACTION.

Disclaimer:-

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.

WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT FOODISM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY HOME CHEF, INCLUDING, BUT NOT LIMITED TO, SERVICE PROVIDERS, COOKS OR MEMBERS. THE APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED"AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

FOODISM MAKES NO WARRANTY REGARDING THE QUANTITY, QUALITY, SUITABILITY OF ANY MEALS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY,TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOODISM OR THROUGH THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, WILLCREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USERS OR HOME CHEFS. YOU UNDERSTAND THAT FOODISM DOES NOT MAKE ANY ATTEMPT TO VERIFY THESTATEMENTS OF USERS OF THE WEBSITE OR SERVICES.

YOU AGREE TO TAKE REASONABLEPRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATEOR INTERACT AS A RESULT OF YOUR USE OF THE EBSITE OR SERVICES, INCLUDING,BUT NOT LIMITED TO, HOME CHEFS AND OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND AGREE THAT FOODISM WILL NEVER BE LIABLE FOR ANY SUCH INTERACTIONS OR MEETINGS.

Feedback:-

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at help@foodism.xyz or through the "Contact" section of the website. You acknowledge and agree that all feedback will be the sole and exclusive property of Foodism and you hereby irrevocably assign to Foodism and agree to irrevocably assign to Foodism all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

If you come across any Chef or User who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to Foodism at help@foodism.xyz.

Entire Agreement:-

The terms of service, conditions, policies and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

Termination:-

We may terminate or suspend access to our website/application and/or our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if we observe any breach of our terms of service, policies etc. Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services. All the provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.

Force Majeure:-

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control which will be considered as a Force Majeure event. A Force Majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, without limitation, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure event/s continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure event.

Waiver & Severability:-

The failure of Foodism to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Foodism. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an Arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Dispute Resolution, Governing Law & Jurisdiction:-

These Terms of Service are governed by the laws of India. The courts in Ahmedabad, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Service. Unless you have entered into an additional agreement with Foodism that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Foodism which cannot be resolved amicably or by mediation shall be conclusively resolved by a sole Arbitrator appointed by Foodism. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you.

These Terms of Service will be interpreted in accordance with the laws of India. You and we agree to submit to the personal jurisdiction of the court of Ahmedabad for any claim or matter arising out of these Terms of Service.

Contact Us:-

Please contact us for any questions or comments, including all inquiries related to services and usage regarding this Site.

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