01. | USER/BUYER PROFILE: Users may create an account while using the MealBoat Platform; The initial account will come with default settings; however, Users are required to personalize their preferences from the settings section for a seamless and personalized notification experience. The Platform is available for individuals aged 18 years or older. | ||||||||||||||||||
02. | HOME CHEFS LISTING: MealBoat enables Home Chefs/Sellers to create their profile, list their food menus (with or without images) and offer food items/products and pricing on the Platform. The Platform is available for individuals aged 18 years or older. | ||||||||||||||||||
03. | ORDERING: MealBoat enables Users/Buyers to browse Home Chef profiles, food menus, and place orders for selected food items with the Home Chefs using the MealBoat Platform. The Users can browse, select and place orders from a variety of food items/products listed and offered for sale by various Home Chefs/Sellers on the Platform. The orders are placed by the User/Buyer directly with the Home Chef/Seller. | ||||||||||||||||||
04. | PRICE: The price of any food items/products will be listed by the Home Chefs on the Platform. Prices are liable to change at any time, but changes will not affect orders in respect of which a confirmation message is already sent to the User, save in the case of an obvious pricing mistake or error, in which event, the Home Chef will notify the User as soon as they can about the pricing issue. The Home Chef verifies prices as part of the order acceptance process. Delivery charges by the Home Chef / Seller may be additional. | ||||||||||||||||||
05. | PAYMENT: Users may pay for orders and the delivery charges directly to the Home Chefs. MealBoat does not participate in the payment process. | ||||||||||||||||||
06. | DELIVERY: MealBoat does not participate in the delivery of Orders. The Home Chefs/Sellers and the Users are solely responsible for arranging the delivery/pick up of the food/products ordered. The Home Chefs/Users are free to engage any pickup and delivery partners. Prior to ordering, Users MUST check if the Home Chef is delivering to their location. Home Chefs using the Platform do not deliver to all locations. If the Home Chef does not deliver to a specified area, please contact the Home Chef reg. alternate courier/pick up arrangements. MealBoat Platform may enable listing of delivery partners on its Platform for ease of delivery /pick up - However, MealBoat shall not be responsible for the services provided by such delivery platforms. | ||||||||||||||||||
07. | COMMUNICATIONS: MealBoat Platform enables communication between the Home Chefs/ Sellers and the Users/Buyers using messages. The same should be used by the Home Chefs and Users to create "customer delight" and reduce mismatch in expectations. | ||||||||||||||||||
08. | ORDER CANCELLATION - REFUND. Orders once accepted by the Home Chefs cannot becancelled. All cancellations, refunds are subject to the cancellation and refund policies of the Home Chefs. MealBoatshall not process any refunds. MealBoat reserves the right to cancel or modify an order where it appears that a User has engaged in fraudulent or inappropriate activity or if the order contains or resulted from a mistake or error. MealBoat also reserves the right to report fraudulent or inappropriate conduct to appropriate authorities at its discretion. | ||||||||||||||||||
09. | QUALITY CONTROL: Home Chefs /Sellers shall be responsible for quality of food/products provided through the Platform and guarantee that the customer experience is not compromised. MealBoat has no control over the quality or safety of the food items/products. | ||||||||||||||||||
10. | CAUTION: The food menu listed may or may not state the complete ingredients or represent allergens or food preparation standards through the Platform (such as food or beverages being nut-free, gluten-free, lactose-free or organic). MealBoat does not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the Home Chefs. Therefore, anyone with food allergies or specific preparation requirements, are strongly advised to contact the Home Chef directly to address such specific needs. MealBoat is not responsible for any omissions or lack of information concerning the food. | ||||||||||||||||||
11. | INTELLECTUAL PROPERTY: The MealBoat Platform includes information, software, text, graphics, images, sound recordings, audiovisual works, and other material of a proprietary nature. Such works must not be downloaded, used, reproduced, modified without the express written permission of MealBoat. | ||||||||||||||||||
12. | NO WARRANTY: MealBoat does not guarantee that the MealBoat Platform, its features will be free from error or uninterrupted, or that the website, app or servers are secure and free of viruses or bugs. The Content on the Platform are provided on an "as is" and "as available" basis without any warranties of any kind. MealBoat disclaims all warranties, except as explicitly provided under these Terms of Use. | ||||||||||||||||||
13. | LIABILITY: In no case shall MealBoat, its partners or its employees, be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of data, or other damages, whether based in contract, or in tort (including negligence). In no event shall MealBoat liability exceed the revenue received by MealBoat on the specific transaction in question. | ||||||||||||||||||
14. | INDEMNIFICATION: The User and the Home Chef agrees to defend, indemnify, and hold MealBoat and its partners, employees, harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from the User’s / Home Chef’s breach of these Terms of Use. | ||||||||||||||||||
15. | COMPLAINTS: The contract for sale of any of the food items/ products or services shallstrictly be between the Home Chef/Seller and the User/Buyer. In case of complaints pertaining to efficacy, quality, quantity or any other such issues, MealBoat shall notify the Home Chef/Seller and may also redirect the Users to the Home Chef/Seller. The Home Chef must address and resolve User complaints. Users can also document their feedback about such Home Chefs/Sellers through the Platform, if the User is able to prove any fraud or misrepresentation by a Seller. MealBoat reserves the right to suspend suchaccounts temporarily pending investigation or permanently. Any grievance or complaints related to the Platform or services provided by MealBoat may be addressed to admin@mealboat.com. | ||||||||||||||||||
16. | FORCE MAJEURE EVENTS: None of the parties shall be liable for any delay or non-performance of obligations for reasons arising from any cause beyond its control including, without limitation, any of the following: flood, fire, explosion or civil commotion, pandemic, Governmental actions. For the avoidance of doubt, nothing in clause shall excuse the Users from any payment obligations. | ||||||||||||||||||
17. | EXTERNAL SITES: The Platform may contain links to third-party websites. These links are provided solely as a convenience to Users and not as an endorsement of the content on such External Sites. | ||||||||||||||||||
18. | TERMINATION: MealBoat may at any time and for any reason, including but not limited to breach of the Terms of Use or the Privacy Policy, terminate or restrict or suspend a User’s/Home Chef’s access to the Platform, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, misuse, or improper use of the platform MealBoat may suspend an account immediately. Furthermore, Home Chefs account can be suspended or terminated for non-payment of MealBoat's charges. | ||||||||||||||||||
19. | LAW AND JURISDICTION: The Terms of Use shall be governed by the laws of India. The Courts in Bangalore shall have exclusive jurisdiction over any dispute. | ||||||||||||||||||
20. | WAIVER: Failure to act on or enforce any provision shall not be construed as a waiver. | ||||||||||||||||||
21. | CHANGES: MealBoat reserves the right to make changes, corrections, and/or improvements to the Platform/the Services/ remove a Home Chef/Seller and change the content at any time without notice. MealBoat can amend the Terms by posting the changes online under this Section. | ||||||||||||||||||
22. |
LEGAL NOTIFICATION: As per the Intermediary Guidelines - Users/Home Chefs/Sellers shall
not host, display, upload, download, modify, publish, transmit, update or share any
information/content on the Platform, which:
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