Terms and Conditions

ChefCities.com

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Use for access or usage of www.chefcities.com website and handheld devices.

TERMS OF USE

If you do not agree to any of the following terms and conditions you are requested to stop using this website immediately

This platform is a partnership incorporated under the partnership act, 1932.

SERVICE AND REGISTRATION

We will provide a platform to place an order with a Seller for an item of your choice (example: Cake) on the Website, along that we provide the seller with delivery services.

As part of the Service, we will process all the payments relating to the order and, where required, liaise with the Seller on your behalf in accordance with this document.

We warrant that the Service will be provided by us using reasonable care and skill.

At the time of registration, the Company shall collect the following personally identifiable information about you: Name – including first and last name and contact number

While placing an order the Company shall collect information regarding delivery information.

We provide access to the Service on a temporary basis, and we reserve the right to withdraw the Service without notice.

We will not be liable if for any reason the Service is unavailable at any time or for any period.

INTELLECTUAL PROPERTY

We own or are the licensee to the copyright and other intellectual property rights in the Service, including the Website and the materials published on the Website.

No use of the information is permitted.

Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without an express written consent of the Company.

No part of the trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company can be used. Any such unauthorized use can lead to legal action.

CONTRACT WITH SELLER

We have been instructed by the seller as their agent to conclude the Contract of Sale with the Client and accept, refund and process all payments relating to the sale of their items via the Website.

For any avoidance of doubt, we are not a party to any Contract of Sale. We have no control over, the information on the Website relating to the items or the Sellers, or the actions or omissions of any Seller relating to the Contract of Sale. We cannot be held liable for any such breach of contract between the Seller and the Client.

The legal contract of the sale of items purchased via ChefCities is between the customer and the seller from whom the customer places the order and such Contract of Sale shall comprise these terms, the description given on the Website for the item and you agree to be bound by all such provisions.

When a customer enters into a contract with the seller there is also a contract formed with ChefCities solely for the purpose of payment of commission and providing delivery services to the seller.

We only act as an intermediary and have the right to be paid a specified commission on every order placed on the website.

A client will be liable to be sued for breach of contract if he/she does not complete payment or directly contacts the seller via our website with the sole intention of not paying commission.

ORDERS

All information about ingredients of the product has been provided by the seller is uploaded by us and we are in no way responsible for incorrect information provided by the seller.

If in case of doubt you have any concerns regarding allergens please contact ChefCities before placing an order with the seller. We will contact the seller on your behalf and solve your query. We will in no way be responsible if the product delivered by the seller is not in compliance with the customer’s request.

All goods selected by a customer are added to the cart. From the cart the customer may place his/her order.

A customer is not allowed to place orders from two different sellers and will be notified of the same.

Once we have received your Order, we will submit it to your chosen Seller and you will receive an order confirmation on the website itself to confirm that your Order has been received and is being processed. Unless otherwise stated, your Order must allow at least 1 clear working days (not including bank holidays) for the Seller to bake your order (for instance if you want the order to be delivered on a Friday, you must submit your Order on Tuesday allowing the Seller Wednesday and Thursday to bake).

If a seller is unable to fulfil your order you will be informed about it through the website or via a phone call. As soon as we are informed that the seller is unable to fulfil the order we will inform the seller. The sellers cannot be held liable for any cancellation as they are not party to the contract between client and seller.

Once an order is placed you may not cancel it. However if you wish to cancel it you may contact us on +91 9967866352 and we will attempt to contact the seller regarding the cancellation. We do not guarantee that the seller will accept this cancellation. ChefCities will inno way be responsible or liable for a refund in this scenario.

We are in no way liable if there is any harm caused by the seller’s product to the client.

IMAGES AND LOGO

All the images and logos on the site are uploaded by Chefcities and is therefore the intellectual property of the company.

The images or logos cannot be used for any purpose without the written consent of the company.

The use of any logo or images without the written consent will be liable to face legal action.

DELIVERY

Neither we nor the Seller will not guarantee that an Order will be delivered on the delivery date/within the time you have selected but we and the Seller will do our best to ensure that the Order is delivered on time.

Neither we nor the Seller can accept any responsibility or liability arising from late delivery of your order.

If no one is present at the delivery address the seller will keep the product till its shelf life. If the seller disposes the product in this scenario the customer will not be entitled to a refund.

Neither we nor the Seller shall be liable for any delay or failure in the delivery of the items that is caused by your failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the items including erroneous address, lack of permission to enter or refusal of the order.

PAYMENT

The price of the product will not include delivery charge. Delivery charge will be shown on the checkout page.

It is always possible that, despite our and the Seller’s best efforts, some of the items may be incorrectly priced.

If the product’s price at your checkout page is incorrect, we will contact you to confirm the correct price before the Seller starts processing your order.

If the corrected price is not favourable to you, you may choose not to go ahead with the order. You will not be charged for this order.

You may pay the price for the product via UPI or via your debit/credit cards or any other means offered by our payment gateway.

If after placing an order the seller is unable to cook the product due to unforeseen circumstances you will not be charged for the product and will be informed about the cancellation.

DISCLAIMER

We try to accurately display all the ingredients of the product but it is the sellers responsibility to provide us this information accurately.

We are not responsible for any information provided by the seller inaccurately.

Items may vary slightly from their pictures.

The images of the item on the Website are uploaded by the Sellers and are for illustrative purposes only.

Your order may vary slightly from those images as each one is homemade.

Neither we nor the Seller guarantee that the order that is delivered to the Recipient will be identical to the item in the photograph.

Product packaging may vary. The packaging of the order may vary. The Seller will undertake pack each item in a secure and hygienic manner.

We do not give any undertaking, assurance or warranty about the Sellers on the Website and we disclaim any such undertakings, assurances or warranties.

WARRANTIES AND LIABILITIES

To the extremist extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

The Service is provided on an “as is” basis and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.

To the fullest extent we disclaim all liability and responsibility relating to all products on the website.

Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation (only contractual in Ind), for death or personal injury resulting from our negligence or the negligence of our agents or employees (purely tortious in Ind OR is criminal which will also lie on the Seller) or for any other liability that cannot be limited or excluded by law. Nothing in these Terms affects your statutory rights. (was already there – not statutorily needed in India).

Our total liability to you in respect of all losses arising under or in connection with your use, or inability to use any part of the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the value of the Order or Rs. 1000, whichever is the lower.

TERMINATION

Termination of these terms will occur only if you stop using the website

We may terminate your account if it is believed that your actions may cause legal liability for you, other users or the company or if you are found non-compliant with the Terms and conditions.

Your account may also be terminated for posting any information or data that may be obscene, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

FEEDBACK

Any material you provide in connection with the Service will be considered non-confidential and non-proprietary and may be made viewable to the public on the Website. This will include any comments, feedback or ratings you submit in relation to a Seller.

We reserve our right to remove objectionable reviews and ratings.

You agree to indemnify us against any and all losses, damages and claims incurred by or made against us by a Seller or any other third party in connection with any review, feedback or ratings you have posted or uploaded to the Website.

The reviews of other people are only the opinion of the reviewer.

We accept no responsibility for any reviews, ratings or feedback posted on the website or the opinions expressed within them relating to any seller.

Accordingly we accept no liability to any person arising from any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

IMPORTANT TERMS

If a court finds any part of this contract illegal or unconstitutional only that part of the contract will be null and void, rest of the terms shall still be valid.

We reserve the right to transfer this agreement to someone else.

We reserve the right to transfer our rights and obligations under these terms to another organisation.

The customer’s consent is required to transfer their rights to someone else. The customer can only transfer his rights to another person if we agree to this in writing.

Which laws apply to the contract between you and us and where you may bring legal proceedings. These terms are governed by Indian law. You and we both agree to that the courts of India will have an exclusive jurisdiction.

You have read and accept the Delivery Policy as well and the Refund Policy.

Seller terms and Conditions

This is a contract made in Mumbai, Maharashtra, India on this between ChefCities and the home chef that herein will be referred as the seller.

In this document the words ‘you’ and ‘seller’ refer to you the home chef and the words ‘we’ , ‘us’, ‘our’ and ‘ours’ refers to ChefCities.

You give us the right to contact you via any medium suitable. We may contact you to gather detailed information regarding the ingredients used in your product or alike.

You as a seller agree to take full responsibility of requesting for delivery from our delivery partners by clicking on the ‘Request for delivery’ option provided on your orders page. Failure in doing so may result in a penalty.

During delivery you are not permitted to provide your contact details in your packaging as a part of the delivery without our written approval. We may provide you with stickers or cards of ChefCities which you are required to put in or stick on to your packaging. If you as a seller are unable to complete delivery of a product due to fault of the customer then you have the right to dispose of the product only after expiry of it’s shelf life and the customer will not be entitled to a refund. If a customer does not respond or does not meet the seller at his address the seller will retain the product till its shelf life and then dispose of it. ChefCities is in no way liable for failure of fulfilment of delivery or any kind of delay in delivery .ChefCities is not responsible for any damage caused to the product during delivery.

If the customer does not accept the product due to any damage caused during delivery then neither ChefCities nor the customer will be liable to pay any amount to the seller.

You are required to contact our customer service if you intend to be a seller on the website. It is your responsibility to have or obtain all documents that are required by law to sell your products from home. In the event of absence of such documents ChefCities can in no way be held liable.

After registering you will need to share pictures, logo, pricing and ingredients used in the product. The images and logo sent to us by you must not contain any contact details and ChefCities has the right to use those images and logos for promotional and other business purposes. These images and logo must not be an infringement. In case of any infringement, ChefCities will not be liable in any way for this infringement.

As ChefCities acts as an intermediary we reserve the right to receive a commission on every order placed on the website. The commision ammount will be communicated to you by a representative of ChefCities.This commission is subject to change in the future and its non-acceptance will lead to immediate termination of your store on the website.

The price paid by the customer will be transferred to you after ChefCities’s commission.

You will be sued for breach of contract if you engage directly with a customer with the intention of not paying commission.

Every order’s price must be determined by including the taxes payable by the seller, we will not be liable for payment of taxes which you have to pay on any order received from us.

You are responsible to provide ChefCities accurate and complete information on pricing, ingredients, allergy warnings and other allied information. We will not be responsible if the information provided by you is inaccurate or incomplete. You will be required to clear any doubts that we present to you on behalf of the customer. Any health concerns that arise to the customer due to consuming your products will be the sole responsibility of the seller and ChefCities will not be held liable in any way.

You are responsible for keeping the area of cooking clean and maintaining all hygiene standards required. It is also your responsibility to provide a safe and clean package to the customer for the product ordered.

ChefCities also provides FSSAI registration services only. ChefCities will only register you on your behalf and we do not give any guarantee regarding acceptance of registration. The registration amount paid to us will be non-refundable.

It will be your responsibility to keep your cooking area and it’s surroundings clean and sanitised in case of a FSSAI inspection. You may also be required to visit the FSSAI’s office with the required documents.

ChefCities reserves the right to receive payment in any method suitable and any transactional charges arising due to the same will be covered by the company.

When an order is received, you will be notified about that order via SMS and all the details regarding the order will be provided at ChefCities.com. You will also be required to share details regarding your address.

If you receive an order and are unable to accept it due to unforeseen circumstances you need to contact us at the earliest, in this scenario the entire amount will be refunded to the customer and you will not receive any payment for that particular order. You will also be charged a penalty of 20% on that order in this case.

The customer is not entitled by a way of right to cancel or amend their order or to a refund of the price they have paid. However, the customer may contact ChefCities and we will attempt to contact or communicate with you. You are not obligated to accept cancellation or alteration of the order and will not be penalised for the same by the company or the customer.

This contract will be terminated once you stop selling your products on the company’s website or any other platform provided by ChefCities.

We will not be responsible for any harm arising from a customer that you as the seller have contacted with from this website.

This contract is subject to change and you will be updated of the same. Non-acceptance of these changes will lead to immediate termination of your account on ChefCities.com .