HoKitch® - Terms of Use

HoKitch® – Terms of Use

This new indigenous venture aims to connect home-based caterers and Merchants to their respective audience and enable them to explore and expand their business. HoKitch® is a fresh idea which aims to give a boost and a support platform to these home bases caterers i.e., the Food Partners so as to enable their consumers to relish and enjoy their food. It further connects Food Partners to Merchant Partners to source their ingredient, food supplies & packaging material. HoKitch® promises various other services and hence these terms of use to acquaint you with the same.

These Terms of Use is herewith published as per the requisites of the Information Technology Act, 2000 and such other applicable rules and therefore amounts to an electronic record.

Terms of Use

These terms of use (the “Terms of Use”) govern your use of our website www. HoKitch.com (the “Website”) and our “HoKitch®” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.

You are hereby requested to read these Terms of Use carefully before you use the services. You may not use the services on the Platform If you do not agree to these Terms of Use and we request you to uninstall the App or refrain from using the website. By installing, downloading or mere usage of the platform will be deemed as an acceptance of the present terms and conditions herein and other policies of “HoKitch®” as posted on the Platform and all further amendments made from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Application – Refers to the platform under the name of HoKitch® that acts as an aggregator between Food Partners and Consumers who would be consuming their products; and food partners to merchant partners for their food supplies.

The Service – Refers to providing the service of listing of food items by the Food Partners and food supplies by the Merchant Partners, ordering of the food items by the customer, ordering of food supplies by Food Partners, integrating the delivery of the food item& food supplies through a third-party Delivery Partner and collecting payments on behalf of the partners.

Food Partners– Classified as any partner listing their products on this platform and are home based chefs/caterers preparing and supplying food items to the Users of this app.

Merchants-classified as the suppliers of items required by the Food Partners for the purpose of preparation and delivery of the food items as the case may be.

Whereas, the said platform and its services can be used to identify and purchase  food items prepared by/listed by Food Partners from such Food Partners. The Food Items listed on the Platform are in accordance with the information provided by the Food Partners and the same can only be viewed by registered Users of the Platform.

Whereas, HoKitch® also enables transactions on its Platform between theFood Partnersand Users, by allowing the Users to place orders (“Orders”) from a variety of products listed and offered for sale by various Food Partners.

Whereas, HoKitch® also provides a Platform for the Food Partner(s) to connect toMerchant(s)for the food supplies and packaging materials and such other necessary supplies enabling them to procure raw materials required for the preparation and packing of the food item.

Whereas, HoKitch® also enables delivery of such Orders placed by the User by connecting third party service providers i.e. Delivery Partners who would provide their services i.e., the pick-up and delivery services. The Platform Services and Delivery Services are collectively referred to as “Services”. For both Platform Services and Delivery Services, HoKitch® is merely acting as an intermediary between the Food Partners, Users, Delivery Partners and Merchants.

Delivery Partners are individual entrepreneurs/proprietors engaged with HoKitch® on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services governed by a contract made therein. HoKitch® does not exercise control on the Delivery Partners and the relationship between the Delivery Partners and HoKitch® is not that of an agent and principal or employee and employer. The Delivery Partner is a third-party service provider extending their service of pick and delivery of the items as per the agreed terms between HoKitch® and the respective Delivery Partner.

For the pickup and delivery services, Delivery Partner may charge the Users of the Platform (User or Food Partners or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

Registration:

Registration is done by providing required information – Name, phone number, email address and any other information as request by HoKitch®.

HoKitch® shall have a right to display information such as feedback, ratings, reviews etc. provided by Users. Where such feedback, ratings, reviews etc. are defamatory, HoKitch® has the right to delete such feedback, ratings, reviews etc. based on its discretion. 

HoKitch® shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users ; if information provided by user is found to be inaccurate, untrue or incomplete HoKitch® has reasonable grounds to terminate the account and refuse any and all current or future use of the Platform.

HoKitch® reserves the right, at its sole discretion, to modify the application or service or to modify these terms including introduction of service fees at any time and without prior notice; In case of modification HoKitch® will provide Users with notice of the same; date of latest update will be mentioned; By continuing to use the application or service after posting of notification, Users indicate to be bound by modified terms.

Services and obligations:

The Food Partner/Merchant herein agrees to avail the services from HoKitch® and HoKitch® agrees to provide the services to the Food Partner/Merchant on the terms and conditions specified herein.

The Food Partner/Merchant agrees to pay a service fee in terms of the agreement between the respective Food Partner/Merchant and HoKitch®, chargeable by HoKitch®, for availing the services of the Platform including but not limited to the services hereinafter mentioned.

The Food Partner/Merchant must be a registered entity under the applicable laws and must thereby comply with the requisite norms, rules, regulations and conditions thereunder. The Food Partner/Merchant must abide by all applicable laws to gain and maintain the status as a legal entity on the Platform.

The Food Partner/Merchant/Delivery Partner undertakes to be solely responsible in the event of non-compliance with the applicable laws and for any legal complications that might follow as a result of the same. Accordingly, HoKitch® bears no responsibility, liability, obligation or responsibility for non-compliance with the relevant laws applicable on the part of the Food Partner/Merchant/Delivery Partner.

The Food Partner/Merchant/Delivery Partner must provide HoKitch® with accurate information including but not limited to the name, phone number, email address and any other information as requested by HoKitch®. HoKitch® shall in no way be responsible or liable for the accuracy or completeness of any information provided by the Food Partner/Merchant/Delivery Partner. In the event that the information provided by the Food Partner/Merchant/Delivery Partner is found to be inaccurate, untrue or incomplete HoKitch® has unfettered rights to refuse any and all current or future use of the HoKitch® Platform, unilaterally.

Whereas the HoKitch® Platform shall be made available to the Food Partner for the purpose of enlisting their food items by way of creating menus, setting a price for such food items, making it available to the Users, accepting the orders placed by the Users, for cancellation of the orders and for delivery of the food items to the Users and for such others services as per these terms of use along with the terms agreed therein between the respective Food Partner and HoKitch®. HoKitch® will make the Platform available to the Food Partner for the purpose of listing the food items prepared by the Food Partner herein by way of an inventory and make it available for ordering and/or pre-ordering to the Users.

The Food Partner/Merchant shall not offer items which are illegal, unlawful, expired and/or in violation of any relevant law applicable. The Food Partner/Merchant is solely responsible for the quality, safety and standard with regard to their food items, packaging and any other items ancillary to the food items including but not limited and similar to spoons, forks, etc.to be provided along with the food items.

The Food Partner shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging and delivery of the items.

The Food Partner/Merchant shall determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the items and shall be solely responsible to ensure that the item meets the set criteria when it is made available on the HoKitch® Platform. HoKitch® will not be responsible for any substandard items that do not meet the criteria and those in violation of applicable laws.

HoKitch® will not be responsible for any harm or damage resulting from interactions with the Food Partner or Merchant or Delivery Partner. HoKitch® only assumes the role of a digital facilitator between the Food Partner and Merchant, Delivery Partner and with the User. HoKitch® shall not have any obligations or liabilities in respect of any contract entered into between the Food Partner and Merchant and/or between the Food Partner and Delivery Partner and/or between the Food Partner and User and/or any third party thereof.

HoKitch® does not endorse or act as an insurer or contracting agent, or represent any Food Partner, Merchant, Delivery Partner or User or such other persons thereof.

Notwithstanding any clause or agreement to the contrary, HoKitch® reserves the right at any time and without prior notice to remove or disable access to any food item for any reason which in its sole discretion considers to be objectionable for any reason, in violation of terms or otherwise harmful to the Platform and/or services provided herein.

The Food Partner shall maintain the title to the items listed on the Platform in all circumstances till the same is delivered to the User. HoKitch® shall not hold any right, title or interest or come into or take possession of any of the items offered by the Food Partner/Merchant.

HoKitch® does not endorse any Food Partner or Merchant or Delivery Partner or User or confirm their identity to any party thereof.

Any costs or penalties levied on failure in honouring the commitment towards the orders will be borne by the Food Partner/Merchant. HoKitch® will not be party to or responsible for any such penalties or charges.

It shall be the sole obligation of the Food Partner/Merchant to honour any order confirmed/accepted by them on the Platform. HoKitch® will not be responsible for the performance of the obligations of the Food Partner/Merchant or any liability arising thereof.

In the event of cancellation of the order by Food Partner on the request of the User, the Food Partner is entitled to levy cancellation charges. HoKitch® reserves the right to deduct an agreed percentage of the cancellation charges levied thereunder, at the time of making the payment to the Food Partner, in lieu of facilitating the transaction via the Platform.

The Food Partner/Merchant shall be the ‘retailer’ or ‘seller’ of all items for the purpose of any indirect tax or any other statutory levies and the party responsible to collect and remit applicable indirect taxes. The Food Partner/Merchant undertake that all applicable taxes on the item(s) and delivery would be deposited by them with the Government Treasury/ Concerned Authority within stipulated timelines as per legal stipulations and requirements.

The Food Partners/Merchant are solely responsible for any issues relating to refunds or reimbursements in the event of:

  • Incorrect items/ substandard items/ discrepancy in items which is not compliance with the order received.
  • dissatisfaction with respect to the quality of items delivered
  • Undelivered items
  • Any such request by the User/Food Partner, as the case maybe, for refund for an item(s) (including, but not limited to, any costs associated with retrieving any such items, if applicable) for reasons that are considered by HoKitch® in its sole discretion as reasonable.

In such circumstances, HoKitch® may deduct refunds or any such charges from payment made to the Food Partner/Merchant

HoKitch® shall not make any payment for a disputed order. HoKitch® reserves the right to recover from Food Partner the amount paid to User as refund upto the order value.

The Food Partner/Merchant shall be liable for any losses arising directly out of the negligence or callousness of the Food Partner/Merchant

In case of complaints from the Users regarding an issue with the food item or such other issues, HoKitch® shall notify the same to the Food Partner and shall in such cases redirect the Users to the Food Partner. The Food Partner shall be solely responsible and bound to readdress and take action on the complaints. HoKitch® has the right to share with the Food Partner the relevant information including Food Partner details to enable resolution of the complaint. In the same interest, HoKitch® shall share with the User relevant information pertaining to the order along with the Food Partner.

The Food Partner/Merchant undertakes to refrain from offering any products or services which are illegal, unlawful, expired and in violation of applicable laws and policies. HoKitch® will not be liable for any damage or loss incurred by the Users in relation to the delivery of the Items and will follow reasonable guidance they provide regarding the delivery of the items.

Whereas the Food Partner/Merchant is solely responsible for quality, safety and delivery of the Items and shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging and delivery of the Items.

The Food Partner agrees to maintain title to all inventory until each item is delivered to Users. The Food Partner is responsible for all costs of the items. On receipt of an order on the platform, Food Partner will be notified by HoKitch® with details of the order as received. Upon receipt of the same, Food Partner will keep ready the product as required by User. In the event the specifications are not sufficient for the Food Partner to process any order, the Food Partner must seek further information as required.

HoKitch® reserves the right to reject renewal of subscription of Food Partner/Merchant based on its sole discretion for any reason deemed fit by HoKitch®.

Any additional service/new services which HoKitch® deems necessary for the assistance of Food Partner/Merchant shall be documented which shall become a part of this terms of use.

Use of the Website and App (Android and iOS)

HoKitch® as a platform facilitates the transactions between Food Partners and Users with regard to (a) prepared food and beverages and (b) consumer goods. (“Platform services”) and enables the Food Partner to connect to the Merchant for the necessary supplies and further enables the Food Partner/Merchant to connect to the third-party Delivery Partners for the delivery of the respective items. The aforementioned service is in the nature and form of providing the Users with the service of choosing from among different products offered by the various Food Partners whereby the said Users can choose and place orders (“orders”) from a variety of products listed and offered for sale on the platform.

HoKitch® being an online platform providing a marketplace for the User and the Food Partner acts strictly as a facilitator for the transactions between the User and the Food Partner. At no point of time, does HoKitch® or come into contact with or take possession of any food item ordered using the platform services. Accordingly, HoKitch® does not hold any liability, responsibility or obligation towards the User or anybody availing of the platform services provided herein. HoKitch® shall neither have any right, title or interest over any contract entered into between the User, Food Partner, Merchant or the Delivery Partner.

User/Food Partner/Merchant/Delivery Partner shall refrain from making or attempting to make any derogatory or defamatory or negative remarks about HoKitch®, its name or the Platform or its logo or its domain or commit any act that may tarnish our reputation or degrade the services provided by HoKitch®. Any such person involved in such act shall be liable to the loss, damage and injury caused to HoKitch®. Whereas the User/Food Partner/Merchant/Delivery Partner shall not access the Platform without authorisation or by hacking or by any illegal methods.

Whereas User/Food Partner/Merchant/Delivery Partner agree to grant HoKitch® the unfettered right to use the information voluntarily provided by you on the Platform for its use. HoKitch® assures you that such information shall be used only in accordance with the terms and conditions provided herein.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not host, display, upload, download, modify, publish, transmit, update or share any information which is illegal or unlawful in any manner whatsoever

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish any information that is pornographic or obscene or objectionable or sexually explicit in any manner whatsoever.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish any information that is defamatory or derogatory or slanderous or libellous to any person or community thereof.

Whereas User/Food Partner/Merchant/Delivery Partner shall not impersonate any other person or do anything to threaten to the national security and integrity and sovereignty of India

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish any information that outrages the modesty of a woman or amounts to indecent representation of a woman or violates the rights of a woman under the applicable laws of the Republic of India.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish any information that is criminally inciting or harasses or attempts to any person or abuses any person or community thereof or religiously incites any person to commit any offence punishable under the applicable laws of the country.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, use, post or publish without authorisation any other person’s copyrighted work or any other intellectual property ownership or rights.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish any information that is misleading or misrepresentative in any way;

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish or promote or add to any information that is racist  in nature or is paedophilic in nature.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not share, post or publish any information that amounts to spams or junk mails.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not resort to the Platform to buy any illegal weapons or for creating computer viruses or to procure any articles which is illegal or unlawful under the applicable laws of the country.

Whereas User/Food Partner/Merchant/Delivery Partner shall not utilize any information on or from the Platform for any commercial purposes without obtaining the necessary license or authorisation from HoKitch®.

Whereas User/Food Partner/Merchant/Delivery Partner shall not in any way commit any act or share, post or publish any information that is in violation of these Terms of Use.

Whereas Food Partner/Merchant shall not sell or offer to sell any counterfeited products or substandard products or any such products which could harm or hamper the health or cause wrongful death of the consumers of such products on the Platform. In the event of any such untoward incident, HoKitch® shall not be liable or responsible for the same.

Whereas the User/Food Partner/Merchant/Delivery Partner shall not seek or use or probe into the information provided by any person on the Platform or reveal such information to third parties without authorisation or breach the security of the Platform or exploit the features of the Platform to the wrongful benefit of any person.

Whereas User/Food Partner/Merchant/Delivery Partner shall not tamper with any messages on the Platform or any information displayed therefore alter or attempt to alter them without any authorisation. Persons engaged such acts shall be liable for the consequences thereof.

Users on the platform will be allowed to rate Food Partner; HoKitch® reserves the right to publish any ratings and reviews of Food Partner approved by them

Continuous bad ratings and reviews from Users could result in termination of services of Food Partner on HoKitch® platform.

In case of complaints from Users pertaining to item quality, or any other such issues, HoKitch® shall notify the same to the Food Partner and shall in some cases redirect the Users to the Food Partner.

Notwithstanding the clauses under these terms and conditions, HoKitch® reserves the right to prosecute any person in appropriate courts of law for the violation of law in addition to the breach of these terms and conditions and any unspecified, unliquidated and equitable damages, charges, fines arising thereby.

Terms with respect to orders placed by the Users:

Whereas the User will be subject to the terms and conditions laid out herein when orders are placed on the Platform. HoKitch® disclaims control over the products/ food items sold/offered to be sold by the Food Partner/Merchant. HoKitch® does not maintain title over the said products/food items or the services provided therein by the Food Partner/Merchant at any point of time whatsoever. In no manner whatsoever, HoKitch® shall sell or own any of the items offered by the Food Partner/ Merchant.

Whereas the orders placed by the Users are subject to approval or rejection of the same by the Food Partners. Changes in order proposed by Food Partners, dependent on availability must be confirmed by Users. Likewise, changes in the orders proposed by the Food Partner dependent on the availability must be confirmed by the Merchant.

Whereas the Users of the platform can make use of the same to place their orders and HoKitch® will facilitate the delivery of the food items which have been ordered by the Users through the third-party Delivery Partners, once the orders have been accepted by the Food Partner.

Financial Terms and Cancellation Terms:

HoKitch® will collect the payments on behalf of the Food Partner/ Merchant. The payments shall be made to the Food Partner/Merchants as per the agreed percentage terms. Any percentage of fee charged in respect of cancellation or refund shall be made to the Food Partner/Merchant as the case may be, at the time of making payment to the respective Food Partner/Merchant.

Cancellations by Users must be accepted by Food Partners; Charges for cancellation will be as per agreed terms therein between the Food Partner/Merchant and HoKitch® subject to time of cancellation; Refund or partial refund will be subject to the acceptance of cancellation by the Food Partner/Merchant. However, a cancellation charge is applicable as a penalty fee to any cancellation, irrespective of reason for cancellation.

Whereas the payments collected on behalf of the Food Partner/Merchants would be subject to tax deduction or collection at source in accordance with applicable Goods & Services (GST) laws and such applicable laws

Whereas the Food Partner/Merchant agrees to provide such documents and information necessary or as may be sought by a payment facilitator or bank to enlist the Food Partner/Merchant as a payee of HoKitch®. The Food Partner/Merchant agrees that for this purpose, information about the Food Partner/Merchant and information provided by the Food Partner/Merchant will be shared with a payment facilitator or bank.

Whereas the Platform facilitates only those payment made in the Indian Rupee and does not support payments made in any other international currencies.

Whereas payments made by Users can be made through debit or credit cards; HoKitch® provides payment gateways which are merely facilitators the said transactions and they are not banking or financial service providers. By merely providing payment facility, HoKitch® does not act as a fiduciary or a trustee for any payments with respect to any transaction taking place via the Platform.

In the event of cancellation of the order by the Users, the amount of refund shall be as determined by the Food Partner. However, cancellation fee pre-determined at HoKitch’s discretion will be chargeable. Cancellations are applicable only on pre-ordered food items with Food Partners / Merchants

In the event of cancellation of order by the User, it shall be the prerogative of the Food Partner to levy a cancellation charge on the User or not as deemed appropriate by the said Food Partner, taking into consideration the time of cancellation of the order by the User.

Food Partners are sole responsible to any issues related to refunds or reimbursements in the event of:

  • Incorrect items delivered to user / discrepancy in items or products which is not in accordance with the order received
  • User dissatisfaction of the quality of items or products delivered
  • Undelivered items
  • Any such Users request a refund for any Items (including, without limitation, any costs associated with retrieving any such Items, if applicable), for reasons that are considered by HoKitch® in its sole discretion as reasonable

HoKitch® may deduct refunds or any such charges from the payment made to Food Partner under these terms

HoKitch® shall not make any payment for a disputed order. HoKitch® reserves the right to recover from Food Partner, the amount paid to Users as refund up to the order value

Terms in respect of Delivery Services:

HoKitch® allows the Food Partner/Merchant to access the Platform to connect to third party Delivery Partner in order to access the on-demand logistics services provided by the Delivery Partner. In no circumstance whatsoever, HoKitch® shall not be responsible for any damage or loss caused during the delivery of the food item or product to the User or during the delivery of the supplies to the Food Partner.

Whereas HoKitch® only assumes the role of a facilitator and is not bound by any of the services provided by the Delivery Partner.

HoKitch® will notify the Food Partner/Merchant once a new order has been received. Upon receipt of such orders, the Food Partner/Merchant shall accept the order within the time specified and agreed thereunder, failing which the orders may be automatically cancelled.

HoKitch® shall not be responsible for any address which is incorrect or insufficiently provided by the User. Whereas the User undertakes to provide the correct address and sufficient information in order to ensure successful delivery of the item.

In the event of incorrect or insufficient information provided by the User for the delivery of the food item, the same shall be deemed to have been delivered and the User shall not be entitled to any refund for the same.

Whereas any changes in the delivery address must be intimated before the order is dispatched for delivery.

Whereas the delivery charges may vary according the distance between the pick-up point to delivery point, weather conditions and such other factors which may affect the distance and timings of delivery. HoKitch® shall not be responsible for the price fixed for delivery or for any fluctuations in such delivery charges thereof.

The “HoKitch® Platform” will be made available to the Food Partner/Merchant Partner to access on-demand logistic services by Delivery Partners. For the sake of clarity, neither HoKitch® nor its affiliates provide any delivery or logistics services, but HoKitch® provides a platform to connect with third party Delivery Partners for delivery services and to receive demand prediction, payment processing and related information services in connection with the sale of the Items.

HoKitch® will not have any obligation to deliver the Item(s) as a platform provider. For purposes of delivery of the Items, HoKitch® and the Delivery Partners shall operate (i) under cover of any approval, license or permission required to operate business at the Food Partner/Merchant Outlet and sell the Item(s) and (ii) under control of the Food Partner/Merchant, as their agent and not as an employee.

For the sake of clarity, Food Partner/Merchants through the services provided by Delivery Partners, are responsible for the delivery of Items and they maintain possession, control and care of the Items at all times. The Food Partner/Merchants shall have marketable legal right and title to sell the products or render the services.

User agrees that HoKitch’s liability ends once order has been delivered

Usability of the Platform, Representation and Warranties, Security of the Platform

HoKitch® as a facilitator of online service for the Food Partner hereby ensures that the Platform shall be available for Users to thereby avail the services provided by the Food Partner.

Whereas HoKitch® does not represent or warrant that the Platform will function uninterrupted. In the event of a virus attack or an unforeseen system failure or downtime in the Platform, HoKitch® shall not be liable for unavailability of the Platform.

Whereas in the event of clicking on any link that leaves the Platform, the site you will enter into is not controlled by HoKitch® and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that HoKitch® is not responsible for those sites. HoKitch® reserve the right to disable links to and / or from third-party sites to the Platform, although HoKitch® is under no obligation to do so.

However, HoKitch® strives to maintain the functionality of the Platform at its most usable condition at all times and circumstances. Whereas HoKitch® does not represent or warrant that any system failure or virus attack or any such errors that may arise will be rectified and corrected within any specific time.

Although HoKitch® is made available to all Android and iOS Users, HoKitch® does not guarantee that the Platform shall be compatible with all kinds of software and/or hardware. Whereas any damage or loss that may be caused to any person who downloads, installs and/or uses the Platform, HoKitch® shall not be held liable.

It shall be the sole authority of HoKitch® to remove a User from the Platform or suspend their use of the Platform for any reason as deemed fit by HoKitch®.

HoKitch® does not represent or warrant that any information displayed on its Platform will be correct or accurate or otherwise reliable.

Miscellaneous Terms

The use of the Platform and its services are intended for the usage and availment only for persons deemed to be competent under the provisions of the Indian Contract Act, 1872 and any other persons deemed incompetent to contract including minors, un-discharged insolvents etc. are not eligible to use the platform. User undertakes to have completed 18 years of age before agreeing to avail the services provided by the Platform. If you are under the age of 18 years, your parent or guardian must acknowledge and agree to these Terms of Use, failing which you shall immediately discontinue its use. HoKitch® reserves the right to terminate your membership upon coming to know any violation in this regard.

User undertakes to protect his password and account at all times once he agrees to use the Platform. In case of any damage or loss caused due to the negligence or carelessness of the User, HoKitch® shall not be liable.

HoKitch® does not confirm or have any bearing with the non-registration/possession of FSSAI licenses by Food Partners/Merchants

HoKitch® does not endorse any Food Partners/Merchants or any content listed by them; although Food Partners/Merchants on the platform require them to provide accurate information, HoKitch® does not attempt to confirm or confirm any Food Partners/Merchant’s identity. Users are responsible for determining the identity and suitability of Food Partners contacted via the application or service. Likewise, the Food Partners for determining the identity and suitability of Merchants contacted via the application or service.

HoKitch® will not be responsible for any harm or damage resulting from interactions with Food Partners or Delivery Partner.

By using the Platform, Users agree that any legal remedy or liability that they seek to obtain for actions or omissions of Food Partners will be limited to a claim against the particular Food Partners or third parties who caused harm, damage or loss –Users agrees not to attempt to impose liability on, or seek any legal remedy from HoKitch® with respect to such actions or omissions.

Payment for any orders with Food Partners will be collected at the time of confirmation or acceptance of orders

In circumstances when the User is eligible for a refund on his/her order, and when payments were made online (through Net-Banking, Credit/Debit, Wallets or some other online payment method), user will receive a refund to his/her account within 5-7 business working days, post acceptance of refund request. Any charges by the service provider will be deducted from the refunded amount.

Subject to compliance with the terms and conditions of these terms, HoKitch® grants Users a limited liability, non-exclusive, non-transferrable license, to

  • Access and view HoKitch® content solely for personal and non-commercial purposes and
  • Access and view Food Partner content to which Users have permitted access, solely for personal and non-commercial purpose; No rights to sublicense the license rights granted in this section

Disclaimers

HoKitch® disclaims all liability that may rise due to non- registration of Food Partners/ Merchants under the applicable laws of the State including but not limited to FSSAI Act and Rules made thereunder.

Whereas HoKitch® shall not be responsible or liable for the non-functionality of the Platform or any of the specifications therein due to any system failure or virus attack or errors or due to undone software upgradation.

Whereas HoKitch® shall not be liable for any of the services provided by third party partners/contractors on the Platform. In respect of such services, the relationship strictly is only between the user and the third-party service providers. User acknowledges that HoKitch® is merely a facilitator in this regard. Any damage or loss or injury that may be caused to Food Partner/Merchant/Delivery Partner/User shall not be the responsibility or liability of HoKitch®. No rights or claims shall be made against HoKitch® in this regard.

Whereas any errors or loss or damage caused due to use of third-party payment facilitators shall not be the liability of HoKitch®. Furthermore, in the event of any unauthorized use of any credit/debit cards or any unauthorized transaction on any payment gateway, HoKitch® shall not be liable or responsible for the same.

HoKitch® does not endorse any Merchant/Food Partner/User/Delivery Partner. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm if the same turns out to be false or wrong. We will not be responsible for any damage or harm resulting from your interactions with other Members.

HoKitch® disclaims all liability that may arise due to any violation of any applicable laws by any person who uses the Platform including but not limited to the User/Food Partner/ Merchant or Delivery Partner.

HoKitch® does not represent or warrant that any information displayed on its Platform will be correct or accurate or otherwise reliable. HoKitch® shall not be liable for any decisions made or any loss, damage or injury caused in pursuance of any information displayed on the Platform. Any information or responses or reviews or any such data made available on the Platform is best left to the judgment of the User and his interpretation thereof. HoKitch® shall not be liable or responsible in this regard.

Intellectual property

Whereas “M/s J Ventures” is the intellectual property owner of the word “HoKitch®” and its logo and its page layout and such other variants on the Platform displayed thereof. HoKitch® reserves the right to legally sue any person, natural or juridical, who infringes the intellectual property of HoKitch® or attempts to do the same. Any person who tries to steal or replicate or recreate or license or attack the Platform or its logo or name or instigate any person to do any of the acts afore mentioned, HoKitch® reserves the right to legally sue such persons and hold them liable for such illegal acts.

No person shall make use of the Platform itself or any information on the Platform for any commercial purpose unless permitted by HoKitch® by way of license.

Any person who extracts the information on the Platform or makes copies, paper print or digital copies or any other electronic or manual copies, of the Platform or any information displayed thereof in violation of the terms of use, shall be returned to HoKitch® or destroyed at the instance of HoKitch®.

Severability

In the event that any term and/or condition is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from this Terms of Use and shall be of no force and effect and this Terms of Use shall remain in full force and effect as if such term and/or condition had not originally been contained in this Terms of Use

Dispute Resolution, Jurisdiction and Governing Law

Whereas this Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to the conflict of laws principle.

If any dispute arises between the any person hereto during the subsistence of this Terms of Use or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any of the terms or regarding a question, the person disputing and HoKitch® shall strive to settle the same amicably. In the event of any claim, suit, petition or any legal proceeding initiated to resolve any matter or dispute arising out of the Terms of Use or arising out of the Platform shall be subject to the laws governing India and shall be subject to the jurisdiction of the Court of Bangalore.

Indemnification

The Food Partner/ Merchant shall indemnify and hold HoKitch® its affiliates, and each of its officers, directors, employees, shareholders, from and against any and all, damages, claims, suits, actions, judgments, losses, fees (including attorneys’ fees), costs and expenses arising out of or in relation to (i) any misrepresentation of facts, instances, communicated by the Food Partner/ Merchant to HoKitch; and/or (ii) any breach of any of the terms of Use  by the Food Partner/ Merchant (iii) any third-party claim for breach of any Applicable laws by the Food Partner/ Merchant; (iv) any third-party claim relating to a breach of obligations under the terms of Use; (v) any claim by third parties/ statutory authorities/ Users of HoKitch® Platform or any other person whosoever for violation of any laws, obligations, duties, or any terms of Use in providing the agreed services under these terms; (vi) any third party claims with regard to breach of any expected action or inaction due to which loss is caused to any third party, User of HoKitch® Platform or any other person whosoever.

Notwithstanding anything to the contrary whether in law, tort or contract or otherwise; HoKitch® shall not be liable for any indirect, special, punitive, consequential loss or damages and/or loss of profits caused to Food Partner/Merchant/User/Delivery Partner.

Non-assignment

The User/Food Partner/Merchant/Delivery Partner shall not assign or transfer or purport to assign or transfer the contract between them and HoKitch® to any other person.

Limitation Of Liability

The total, cumulative liability of HoKitch® shall not exceed the amount payable as agreed between the Food Partner/ Merchant and HoKitch®.

In no event shall HoKitch® be liable for any indirect, speculative, special, incidental, consequential, or punitive damages, any loss of use, loss of data, business interruptions, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages.  

HoKitch® shall not be liable for any issues that may arise between the Food Partner and the Merchant or Delivery Partner or the User as HoKitch® only assumes the role of facilitator between such parties.

Force Majeure

If and to the extent that a performance of HoKitch®, of any of its obligations under these Terms and Conditions, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, pandemics, epidemics or any other similar (each, a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered or delayed HoKitch® will be excused for such non-performance, hindrance delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues and HoKitch® continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. If HoKitch® performance is prevented, hindered or delayed by a Force Majeure Event will immediately notify the User/Food Partner/Merchant/Delivery Partner of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event.

Legal Advisors of HoKitch®-

Haranahalli Law Partners LLP Ms. Vidyashree.K.S and team (haranahallilaw.com)

For more Details

Contact HoKitch® at: info@hokitch.com