Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the YummJoy Home Food Application (“Application”) operated by YummJoy Ventures Private Limited (“YummJoy”). Through the “Sell Food” section of the Application, YummJoy allows certified home chefs (“Home Chef”) to create a page for their home kitchens and create a menu detailing the price and description of Products (as defined below) and to promote, market, sell and distribute Products within a specified territorial limit. Home Chef hereby accepts the limited services offered by YummJoy and shall utilize the Application for the limited purpose of selling the Products and as per the terms and conditions specified under this Terms (“Services”).
By installing, downloading or merely using the Application or accessing the Application through a URL, you shall be contracting with YummJoy and you signify your acceptance to these Terms and other policies as posted on the Application from time to time, which takes effect on the date on which you download, install or use the Application and create a legally binding arrangement to abide by the same. If you disagree with any part of the Terms then you do not have permission to use the Application and we request you to uninstall the Application.
YummJoy and Home Chef shall be collectively referred to as the “Parties” and individually as a “Party”.
a. “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, rule of law, order, decree, approval, directive, guidelines, policy, requirement, or other governmental restrictions or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any Governmental Authority whether in effect as of the date or thereafter, and in each case as amended.
b. “Buyer” shall refer to the end customers who place orders for food through the Application and to whom the Home Chef cater food.
c. “Home Food Application” is the application application developed by YummJoy which is downloaded and installed by Buyers or accessed through a URL in order to place orders for Products. Referred as “Application”, this has two sections, one is called as “Buy Food” and other is “Sell Food”.
d. Certified Home Chef shall refer to those home chefs who possess a valid Food registration certificate as necessitated by Government authorities to sell food.
e. “Buy Food” section is for the food buyer to browse through the various home kitchens /home food nearby and place order for the same by making payment.
f. “Sell Food” section is for the home chef to create the kitchen, food menu, food price, bank account and personal details that is required for the Chef to onboard and transact business.
g. “Products” shall refer to the home cooked food products prepared by the Home Chefs which shall include home cooked meals, home cooked snacks, homemade mixes, powders, pickles and beverages.
A. LICENSE TO USE THE SERVICES
Subject to the compliance with the Terms, YummJoy grants the Home Chef a non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to a mobile device, tablet and/or computer or to access YummJoy’s web application through a URL, and to access and use the Services, solely for the Home Chef’s own personal use. Home Chef may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or Services; (iv) make the functionality of the Application available to multiple users through any means; or (v) use the Application and/or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
a. In order to access, use or receive certain Services, Home Chef is required to create an account and register them self through the Application. When creating an account, Home Chef shall provide certain personal information about them self and establish a username and a password. The Application will synchronize the details provided with the Home Chef’s email address and phone number. Upon creating an account with YummJoy, Home Chef guarantees that the information provided to YummJoy is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the Home Chef’s account. The Home Chef’s enrolment on the Application is subject to YummJoy’s approval.
b. Home Chef is responsible for maintaining the confidentiality of his/her account and password, including but not limited to the restriction of access to the Home Chef’s computer and/or account. Home Chef agrees to accept responsibility for any and all activities, actions or inactions that occur under his/her account. Home Chef must notify YummJoy immediately upon becoming aware of any breach of security or unauthorized use of his/her account.
c. As username or name of the home kitchen, Home Chef may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the Home Chef, without appropriate authorization. Home Chef may not use as a username any name that is offensive, vulgar or obscene. Home Chef shall not use as a username, kitchen name or as their logo any names, words, phrases and pictures which hurts or is likely to hurt any religious beliefs and sentiments.
C. OWNERSHIP OF HOMECHEF’S CONTENT
Home Chefs are required to create a page and a catalogue to describe the details of the Products sold by them on the Application. Home Chef understands and accepts that he/she is solely responsible for the content including food menu, catalogues, pricing and other information which the Home Chef may upload on the Application. Home Chef represents and warrants that he/she is the sole author of the content, own, or otherwise control all of the rights of the content or have been granted explicit permission from the rights holder to submit the content; Home Chef’s content is truthful and accurate; and such content does not violate the guidelines and policies or any Applicable Laws. YummJoy disclaims any liability regarding the accuracy, authenticity or relevance of such content including any pictorial representations of the Products.
YummJoy provides the Services through the Application. The scope of Services provided by YummJoy includes the following:
a. YummJoy enables transactions between Buyers and Home Chefs dealing in sale of home cooked food and beverages, referred as Products in this document. YummJoy does not participate or intervene in the creation or modification of the menus or catalogues or in the pricing of the Products.
b. The Home Chef understands and agrees that YummJoy does not directly handle delivery of Products and it is the Home Chef’s sole responsibility to ensure that the Products are delivered to the Buyer. YummJoy merely enables integration of delivery service providers (“DSP”) through the Application which can be utilised by Home Chef’s to fulfil the delivery of orders, subject to the Home Chef allowing the option of “Delivery” on the Application. Home Chef has a choice to use own means to fulfil delivery or use the delivery service provider facilitated through application by YummJoy.
c. Home Chefs may allow any of the following options to enable delivery of Products: (i) “Pick-Up” whereby the Buyer shall be required to collect their orders from Home Chef’s location and (ii) “Delivery” whereby Home Chef shall arrange for delivery of order to the Buyer’s location. Home Chef may also allow both “Pick-Up” and “Delivery” in which case, the Buyer has the option to choose either of the options at their convenience. Before accepting an order, the Home Chef can choose to use own means of delivery or use the delivery support facilitated by YummJoy through the Application.
d. YummJoy allows integration of DSP on the Application and facilitates the Home Chefs to arrange for delivery of orders to Buyers. Such DSPs are not employees or agents of YummJoy but are independent service providers who operate on a non-exclusive basis to enable delivery of orders. For delivery services, the DSP will levy a service fee/delivery charge. If delivery is allowed by Home Chef for his/her kitchen or for a particular order, the Home Chef shall decide if delivery will be free of cost for the Buyer or if delivery charges are to be levied on the Buyer. In the event the Home Chef decides that delivery is not “free of cost”, then the Home Chef will include the delivery charges in the Application and the Buyer shall pay such delivery charges in addition to the cost of food. In case of free delivery, Buyer’s order value will not include delivery charges.
e. YummJoy shall not be responsible for the service offered by DSP but may assist the Home Chefs and Buyers in respect of order fulfilment, payments, customer support, etc. YummJoy shall not in any manner be liable for the action or inactions of the DSP.
f. All commercial terms entered into and agreed between Buyers and Home Chefs are offered by Home Chefs without the intervention of YummJoy. YummJoy does not control, advice or involve itself in in offering or accepting of the commercial terms.
4. HOME CHEF’S OBLIGATIONS
a. Home Chefs are required to create a page, menu and a catalogue to describe the details of the Products sold by them on the Application. While creating the menu, Home Chefs may have to answer a questionnaire to provide more accurate details of the Products. Home Chef shall update the food list, menu and catalogue on the Application frequently and only the Products which may be serviced to the Buyers will be displayed on the Application. If any Product is unavailable or cannot be serviced or prepared within the confirmed time, it shall be clearly marked as “unavailable” on the menu. Such details shall be made available to the Buyers in the Buy Food section of the Application.
b. The Home Chef shall provide complete and accurate description of the Products including the price, quantity, etc. If the Products contain any items or ingredients that may cause allergies and health risks such as glutenous cereal, dairy products, eggs and its by products, nuts, shellfish/crustaceans, soy, mustard, etc must be clearly mentioned in the Product description.
c. In the event a Buyer requires any modifications to the order or place any special requests, the Buyer may directly connect with the Home Chef via an undisclosed phone number /toll free number displayed on the Application. However, the conversation between the Home Chef and Buyer shall be limited to the orders and its modifications. Home Chef shall not solicit the Buyer for promotional purposes or personal gains. Such calls between the Home Chef and the Buyer will be recorded for quality and business purpose.
d. Home Chef may allow YummJoy to share the Home Chef’s photograph and name in YummJoy’s social media platforms for marketing and promotion of the Application.
e. Home Chef shall allow YummJoy’s staff to inspect the food preparation centres and kitchen via an unscheduled video call or personal site inspection. Such calls can be made frequently by YummJoy to check the cleanliness and hygiene practices of Home Chef and to confirm that it is in fact the Home Chef that is preparing the orders and not by any third party.
f. Home Chef hereby provides a written assurance to YummJoy that all of the ingredients and supplies used by Home Chef are of the highest quality and are conforming to all standards prescribed under Applicable Law.
g. Home Chef shall ensure that all the orders are packed and delivered in spill-proof containers of good quality. Home Chef shall adhere to guidelines issued by appropriate authorities with regard to use of packaging materials, use of banned substances or restricted substances, etc. Home Chef acknowledges and agrees that YummJoy plays no role in deciding or enforcing the packaging standards and practices for Home Chefs.
h. Home Chef shall upload pictures of their home, building and the home kitchen while creating a profile on the Application.
i. Home Chef shall conduct themselves with utmost professionalism and dedication to their trade and service. In the event Home Chefs defaults this obligation, YummJoy may initiate appropriate actions against the Home Chef which may result in termination of the Terms of Service.
5. ACCEPTANCE, CANCELLATION OF ORDERS AND REFUNDS
a. The Home Chef may either choose to accept or reject the new order placed by a Buyer. In the event, the Home Chef accepts an order request, the Buyer is indicated that the order is “Accepted”. However, if the Home Chef rejects an order request, the Buyer is informed that the order is “Rejected”. In the event the Home Chef rejects the order, the full order value shall be refunded to the Buyer.
b. After the order is “Accepted” by the Home Chef, the Buyer still reserves the option to request a cancellation of the accepted order. If the Home Chef accepts the Buyer’s request for cancellation, the Buyer is indicated that the order is “Cancelled”. In such an event, it is the discretion of Home Chef to decide whether full refund can be processed or partial refund depending on the work already put into preparing the order and accordingly the total refund value will be processed and communicated to the Buyer. If the Home Chef rejects the Buyer’s request for cancellation, the Buyer is indicated that the order remains “Accepted”.
c. Home Chef can cancel a Buyer’s order at any stage, except when status is “Delivered”. In such an event the Home Chef has cancelled an order at his/her own accord, the full order value shall be refunded to the Buyer. Home Chef shall, under no circumstances, accept an order when he/she has insufficient means or facilities to service an order or are incapacitated to service an order.
6. PAYMENTS AND COMMISSION
a. YummJoy reserves the right to impose and collect a percentage of order value as YummJoy’s commission. For each successful order placed, YummJoy’s payment gateway will make the payment for the total order value less YummJoy commission directly to Home Chef’s bank account within the designated banking business days.
b. Home Chef agrees and acknowledges that he/she is entitled to receive the total order value less YummJoy’s commission and taxes, as applicable. Total order constitutes the cost of food plus delivery charges, if applicable.
YummJoy reserves the right to receive commission for the Services from Home Chefs. Commission will be charged only on the food value of the order excluding delivery charges. YummJoy’s commission is presently fixed at 10% plus GST (ten percent) of the order value. This commission percentage is subject to change from time to time. Any change in commission percentage will be communicated by YummJoy to Home Chefs via email and through the Application.
7. LINKS TO OTHER WEB SITES
a.The Application may contain links to third party web sites or services that are not owned or controlled by YummJoy. YummJoy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. YummJoy does not warrant the offerings of any of these entities/individuals or their websites.
b. Home Chef acknowledges and agrees that YummJoy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
c. YummJoy strongly advises the Home Chef to read the terms and conditions and privacy policies of any third-party web sites or services that a Home Chef visits.
YummJoy reserves the right to modify the Application or Services. In the event of any modifications, Home Chefs will receive an alert on their email address. Home Chef is required to update themselves on the latest modifications and updates to the Application and the Services. If the Home Chef does not accept the modified terms under the Application and Services, he/she may convey to YummJoy his/her intention to terminate the engagement and cease to use the Application with immediate effect.
a. YummJoy may terminate this Terms and suspend Home Chef’s account and bar access to the Application and Services immediately, without prior notice or liability, under YummJoy’s sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
b. Home Chef may terminate this Terms and their account on the Application providing a prior written notice of 30 days YummJoy. Consequently, Home Chef’s license to the Application shall terminate forthwith.
c. YummJoy may without prejudice to its other rights or remedies, terminate this Terms by providing fifteen (15) days’ notice in the event of breach of any of the Terms by the Home Chef and failure to rectify the same within the said notice period of fifteen (15) days.
d. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.REPRESENTATIONS AND WARRANTIES
a.Home Chef hereby represents and warrants that they:
b. Home Chef further represents and warrants that:
c. All the information provided by Home Chef through and in relation to the Application are valid, true and correct and shall remain valid, true and correct throughout the use of the Application by Home Chef.
d. YummJoy does not make any representation or warranties as to the specifications, quality and quantity of the Products listed by Home Chef on the Application.
e. YummJoy does not make any representation or warranties as to the legal title, credit worthiness or identity of Buyers and DSPs. Home Chef is advised to confirm the bona fides prior to accepting the order through the Application. YummJoy accepts no liability for the errors, acts and omissions of such Buyers and DSPs.
f. YummJoy does not make any representation or warranties with respect to the services provided by DSPs. YummJoy accepts no liability for the errors, acts and omissions of such DSPs.
g. YummJoy, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application and Services will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application and Services will meet the requirements.
Home Chef agrees to defend, indemnify and hold harmless YummJoy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Home Chef’s use and access of the Application and Services, by Home Chef or any person using the Home Chef’s account and password, and/or b) a breach of the Terms of Service, and/or c) Home Chef’s interaction with Buyers and DSPs.
12. LIMITATION OF LIABILITY
In no event shall YummJoy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, loss of data, use of the Application and/or Service, loss of goodwill, Services interruption, or other intangible losses. Further, YummJoy shall not be liable directly or indirectly for any loss or damage resulting from (i) Home Chef’s access to or use of or inability to access or use the Application and/or Services; (ii) any conduct or content of any third party used with respect to the Application and/or Service; (iii) any content obtained from the Services; (iv) unauthorized access, use or alteration of Home Chef’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not YummJoy has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; and (v) any bodily injury, death or disablement caused by the use of Services provided using this Application including consumption of the items ordered using the Application and or Services.
In no event shall the total liability of YummJoy exceed INR 1000 (Rupees One Thousand Only) in connection with the Terms of Service or use of the Application and/or Services.
13. INTELLECTUAL PROPERTY
The Services, Application and YummJoy’s brand name are protected by copyright, trademark, and other laws of India. YummJoy and its licensors exclusively own all right, title and interest in and to the Services and Application including all associated intellectual property rights. Home Chef shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or Services.
If Home Chef chooses to use the Application, they do so at their sole risk. Home Chef’s use of the Application and Services is at their sole risk. The Services is provided on an “AS IS” and “AS AVAILABLE” basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions. The Courts of Bangalore shall have exclusive jurisdiction with regard to any disputes between Home Chef and YummJoy.
YummJoy’s failure to enforce any right or provision of this Terms of Service will not be considered a waiver of those rights. If any provision of this Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of the Terms of Service will remain in effect.
17. ENTIRE AGREEMENT
If you have any questions about the Terms, or about YummJoy in general, please contact firstname.lastname@example.org