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Home Chef/Vendor/Merchant Terms of Use

“Mealawe Home Chef” is a mobile application that provides an online marketplace that connects Home Chefs who want to sell meals to users looking for meals. Mealawe Home Chef mobile application is designed, developed & conceptualized by CLIMBING SEEDS PRIVATE LIMITED.

CLIMBING SEEDS PRIVATE LIMITED is a company, located at C506, Kalash society, Mankar Wadi Road, Kasar Amboli, Pirangut, Taluka – Mulshi, Pune, Maharashtra – 412115. All rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of CLIMBING SEEDS PRIVATE LIMITED (together with its subsidiaries and other affiliates hereinafter referred to as “Us”, “We” or “Company”).

Mealawe may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Mealawe Home Chef mobile application and any related software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).

Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the Application. By installing, downloading, or even merely using the Platform, you shall be contracting with Mealawe and signify your acceptance to the Terms of Use and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Platform is at your own risk, including the risk of data theft, virus attack, or that you might be exposed to content that is objectionable, or otherwise inappropriate.

“Users/Buyers” means a person who has signed up and is registered with Mealawe for the use or potential use/purchase of the Goods/Services.

“Vendor/Home Chef/Merchants” means a food and beverage supplier or business or establishment having sole responsibility for providing food and beverage services registered with Mealawe.

“Meals” means home food and beverages i.e. Indian Cuisine, Bakery Items, Pickles, Juices, etc. prepared by Home Chef who are registered on Mealawe Home Chef application.

References to Home Chef shall include such party’s successors, employees, permitted assignees, and any persons deriving title under it.

Mealawe enables delivery of Meal/Food Orders or completion of Tasks at select localities serviceable across Pune (“Delivery Services“) by connecting third-party service providers i.e. pick-up and delivery partners who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as “Services“. For both Platform Services and Delivery Services, Mealawe is merely acting as an intermediary between the Merchants and Buyers and/or pick-up & delivery partners and Buyers/Merchants.

Pick-up & delivery partners are individual entrepreneurs engaged with Mealawe on a voluntary, non-exclusive, and principal to principal basis to provide the aforementioned services for a service fee. Pick-up & delivery partners are independent contractors and are free to determine their timings of work. Mealawe does not exercise control over the pick-up & delivery partners and the relationship between the Pick-up & delivery partners and Mealawe is not that of an agent and principal or employee and employer. 

For the pickup and delivery services and completing the Tasks, pick-up & delivery partners may charge the users of the Platform (Buyers 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/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

The Terms and Conditions, hereinafter referred to as “The Agreement”  may be amended from time to time and is a legal contract between Home Chef and Mealawe.

Terms & Conditions

By using the Mealawe Home Chef mobile application, Home Chefs are accepting the below-specified Terms of Use-

  1. Home Chef is responsible for informing Mealawe if they are unable to take orders due to prior commitments, sickness, holidays, etc. Home Chef is required to update their leave dates on the website through their personal admin system.
  2. All commercial/contractual terms are offered by Home Chef and agreed to, is between Users and Home Chef alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Mealawe does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and Home Chefs. Payment will be received by Mealawe and Mealawe will transfer the payment to Home Chef after deducting commission.
  3. In case of any copyright infringement due to photographs uploaded by Home Chefs on their profile, liability will lie on Home Chefs and not on Mealawe. Any information provided by the Home Chef including photos, menu items, profile descriptions, etc. can be used by Mealawe for various purposes, including business development, promotions, etc.
  4. The Home Chefs are solely responsible for honoring any confirmed bookings and making available any dishes/service reserved through the platform. If you, as a Mealawe buyer, choose to enter into a transaction with a Home Chefs for the booking of a Meal, you agree and understand that you will be required to enter into an agreement with the Home Chefs and you agree to accept any terms, conditions, rules, and restrictions associated with such Meal imposed by the Home Chefs. You acknowledge and agree that you, and not Mealawe, will be responsible for performing the obligations of any such agreements, and we are not a party to such agreements and disclaim all liability arising from or related to any such agreements.The Home Chefs are solely responsible for the preparation and timely delivery of food (as per terms specified on their profile) as well as for maintaining quality and hygiene. Mealawe will not be responsible or liable for the quantity or quality of meals delivered.
  5. The Home Chef by being on the platform acknowledges and agrees that a substantial portion of the compensation will be paid to Mealawe for making the mobile application available to the Home Chef is collected as a commission on the money you receive for orders to the clients. Therefore, once you identify or are identified by any party through the mobile application, you must inform Mealaweof such an order and pay the commission for work arising directly or indirectly with that party or arising out of your relationship with that party.
  6. If delivery is being done by Home Chefs or if the Customer is picking up the food from the Home Chef, then Home Chef will not be responsible for collecting payments from Customers and will not be liable therefore for loss that may occur due to non-payment on behalf of customers, if any.
  7. Mealawe will not be responsible for any health damages or sickness caused due to the food delivered by the Home Chefs. In addition, although these Terms require Home Chefs/Users to provide accurate information, we do not attempt to confirm and do not confirm any Member’s/user purported identity. You are responsible for determining the identity and suitability of others who you contact via the Application and Services. By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members/users or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Mealawe with respect to such actions or omissions.
  8. The Home Chef will follow the basic hygiene and safety requirements as laid down by the FSSAI. If they fail to do so, the Home Chef may be asked for a refund of the full order value to the client.
  9. Mealawe will send regular reminders to Home Chefs for the said commission and will be liable to cancel their registrations upon non-payment to Mealawe.
  10. Mealawe will monitor Home Chefs closely, using Customer feedback provided in any form to Mealawe, and will remove and block Home Chefs if they are unable to comply with Mealawe standards and/or tarnish our reputation. (A Home Chefs will be blocked from the application if the average user rating falls below 2.5 out of 5.0. The rating will be calculated on the basis of customer feedback and reviews and a minimum of 50 customer reviews are required)
  11. Mealawe is not responsible for any liability, if any, that may arise from the misuse of the shared information, if any, or from the consumption of any food and beverages prepared by a Home Chef.
  12. The Home Chefs cannot, under any circumstances, place orders on their own profiles.
  13. Neither party, be it the Customer, Mealawe or the Home Chef shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: an act of God, governmental act, war, fire, flood, explosion or civil commotion.
  14. Home Chefs are legally obliged to add Mealawe branding to all orders that have been forwarded to them by Mealawe.
  15. For corporate orders, the payments will be made as per the corporate’s payment cycle.
  16. All Home Chefs must complete the KYC formalities with Mealawe. No payments will be made to Home Chefs who have not completed their KYC formalities.
  17. If a Home Chef does not accept/reject online placed food order within 5 minutes, Mealawe will send an automated call to Home Chef’s registered mobile number through third party calling services.

Disclosure

    We may disclose to third party services certain personally identifiable information listed below –

    • Information you provide us such as name, email, mobile phone number
    • Information we collect as you access and use our service, including device information, location, and network carrier

    This information is shared with third-party service providers so that we can –

    • Personalize the mobile application for you
    • Perform behavioral analytics

    User Registration

    Mealawe may collect your personal information –

    • when you register an account
    • when you purchase services on the Application
    • when you participate in contests, competitions, questionnaires, and surveys
    • when you contact us
    • when you provide certain content to Mealawe, for example, testimonials and customer reviews
    • from third-party sources, for example, credit checking agencies.

    Mealawe may use your personal information for –

    • registering your account with Mealawe
    • for fulfilling orders
    • for responding to your queries
    • for improving your experience and providing you with information about our services, special offers, and promotions.

    Mealawe will only share your information with its carefully selected third-party Partners for necessary business administration, customer delivery, marketing, operational and analytical purposes.

    Mealawe may also share your information with third parties for the purpose of data analysis, quality assurance including fraud prevention.

    Mealawe uses leading technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of your information through collection, storage, and disclosure. Such measures include maintaining a secure encryption-based transmission system, intrusion detection, and prevention software and virus software in respect of your information.

    Privacy Policy

    You represent that you have read understood and agreed to Mealawe Privacy Policy. Please note that Mealawe may disclose information about you to third parties or government authorities if Mealawe believes that such disclosure is reasonably necessary to –

    • take action regarding suspected illegal activities;
    • enforce or apply our Terms and Privacy Policy;
    • comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal processes/notice served on us;
    • protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

    Cancellation Policy

    Refer “refunds & cancelation” policy section.

    User/Buyer Terms & Conditions

    “Mealawe” is a mobile application that provides an online marketplace that connects users who want to order meals. Mealawe mobile application is designed, developed & conceptualized by CLIMBING SEEDS PRIVATE LIMITED.

    CLIMBING SEEDS PRIVATE LIMITED is a company, located at C506, Kalash society, Mankar Wadi Road, Kasar Amboli, Pirangut, Taluka – Mulshi, Pune, Maharashtra – 412115. All rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of CLIMBING SEEDS PRIVATE LIMITED (together with its subsidiaries and other affiliates hereinafter referred to as “Us”, “We” or “Company”).

    Mealawe may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

    These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Mealawe mobile application and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).

    Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading, or even merely using the Platform, you shall be contracting with Mealawe and signify your acceptance to the Terms of Use and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Platform is at your own risk, including the risk of data theft, virus attack, or that you might be exposed to content that is objectionable, or otherwise inappropriate.

    “Users/Buyers” means a person who has signed up and is registered with Mealawe for the use or potential use/purchase of the Goods / Services.

    “Vendor/Home Chef/Merchants” means a food and beverage supplier or business or establishment having sole responsibility for providing food and beverage services registered with Mealawe.

    “Meals” means home food and beverages i.e. Indian Cuisine, Bakery Items, Pickles, Juices, etc. prepared by the Home chef who is registered on the application.

    Mealawe enables delivery of Meal/Food Orders or completion of Tasks at select localities serviceable across Pune (“Delivery Services“) by connecting third-party service providers i.e. pick-up and delivery partners who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as “Services“. For both Platform Services and Delivery Services, Mealawe is merely acting as an intermediary between the Merchants and Users/Buyers and/or pick-up & delivery partners and Buyers/Merchants.

    Pick-up & delivery partners are individual entrepreneurs engaged with Mealawe on a voluntary, non-exclusive, and principal to principal basis to provide the aforementioned services for a service fee. Pick-up & delivery partners are independent contractors and are free to determine their timings of work. Mealawe does not exercise control over the pick-up & delivery partners and the relationship between the Pick-up & delivery partners and Mealawe is not that of an agent and principal or employee and employer. 

    For the pickup and delivery services and completing the Tasks, pick-up & delivery partners may charge the users of the Platform (Buyers 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/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

    Eligibility to Use the Services

    You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You further declare that you are in compliance with all laws and regulations in the locality/state/country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

    Registration

    You may have to create an account in order to use some of the features offered by the platform, including without limitation to specific pages for Home Chefs on the Platform. Use/storage of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You are always and solely responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. In creating an account, you represent to us that all information provided to us in such a process is true, accurate, and correct and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or Home Chef listings except as otherwise authorized by us, or provide or use false information to obtain access to the platform that you are not legally entitled to claim. You acknowledge that any false claim may result in substantial losses or damage to Mealawe or third parties, for which you may be held liable and accountable.

    There are 2 types of orders that can be given by users-

    1. Daily Order – Here food order is placed on a daily basis which is instant during breakfast, lunch, high tea, or dinner time.
    2. Advance Order – Here food orders can be placed a maximum of 2 days in advance.

    Terms of Use

    By using Mealawe mobile application, Users are accepting the below-specified Terms of Use-

    1. All commercial/contractual terms are offered by Home Chef and agreed to, is between Buyers and Home Chefs alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Mealawe does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Home chefs.
    2. Once a Customer places an order on Mealawe mobile application, the Home Chef must confirm the order, whereby he/she commits to the details of said placed order. Mealawe will not be liable for any discrepancies that may arise thereafter.
    3. Mealawe will not be responsible for any loss incurred by Customers due to any actions of the Home Chefs including the non-performance of the orders.
    4. We disclaim any and all liability to the Customer for the supply of the Food Delivery, Goods, and Services to the fullest extent permissible under applicable law. This does not affect the Customer’s statutory rights as a consumer.
    5. The User/Buyer agrees and acknowledges that Mealawe shall not be responsible for: The services or goods provided by the Vendors including but not limited to serving of food Orders suiting your requirements and taste; The Vendor’s services or goods, or services provided by pick-up & delivery partners not being up to Buyer expectations or leading to any loss, harm or damage to him/her; The availability or unavailability of certain items on the menu; The Vendor serving the incorrect Orders; or Product liability of goods provided by Vendors.
    6. The images and descriptions that are available against menu items on the platform do not represent the actual dish preparation. Acutal delivered food item might differ in visual representation, description, etc. The user must keep it in mind while ordering any food item on Mealawe platform.
    7. The details of the menu and price list available on the Platform with respect to home kitchen services, goods or any other services are based on the information provided by the Vendors/Merchants and Mealawe shall not be responsible for any change or cancellation or unavailability.
    8. Buyers and Merchants agree and acknowledge that Mealawe is not responsible for any liability arising out of delivery services provided by pick-up & delivery partners to them.
    9. Buyers may not be able to avail Services if their delivery location is outside Mealawe’s current scope of Service. Mealawe will keep the Buyer informed of the same at the time of confirming his/her Order booking.
    10. Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from pick-up & delivery partners and Merchants. Mealawe will not be responsible for any delay in the delivery of an Order.
    11. Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be canceled in the event of any change of the address as informed by the pick-up & delivery partners and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the pick-up & delivery partners or sole discretion of Mealawe.
    12. The Buyer shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
    13. The Buyer understands that Mealawe’s (including Merchant’s and pick-up & delivery partner’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists.
    14. If you use the Platform, you do the same at your own risk.
    15. Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and pick-up & delivery partners.

    Cancellation Policy

    Refer “refunds & cancelation” policy section.

    Privacy Policy

    Mealawe collects personal information from you when you order goods or services from Mealawe website. Mealawe also collects information when you complete any customer survey.

    Information that Mealawe collects from you is used to process your order and to manage your account. Mealawe may also use your information to email you about other products or services that Mealawe thinks may be of interest to you.

    You represent that you have read understood and agreed to Mealawe Privacy Policy. Please note that Mealawe may disclose information about you to third parties or government authorities if Mealawe believe that such disclosure is reasonably necessary to

    • take action regarding suspected illegal activities;
    • enforce or apply our Terms and Privacy Policy;
    • comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal processes/notice served on us; or
    • protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

    Jurisdiction of Law

    In case of any dispute regarding the privacy policy of Mealawe, an arbitrator shall be appointed to ascertain the rights and liabilities of the parties.

    You further accept that all disputes are subject to laws applicable in the State of Maharashtra, India, and subject to jurisdictions of courts in the State of Maharashtra, India only.

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