Scope of Services
We are a “home food” service provider providing you an online platform to
Order home food online from the list of dishes cooked by home chefs available on the Platform;
Facilitate payments for the services accessed by you through a payment method made available on the website. You may make payments either at the time the food is delivered to you i.e. Cash on Delivery or by making pre-paid payments through the use of Credit Card or Debit Card.
We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Home Chefs or the related services provided in connection thereof.
Our responsibilities are limited to: (i) facilitating the availability of the Platform; and (ii) serving as the limited agent of each Home Chef for the purpose of accepting payments from you for your online food order and delivering your order.(hereinafter referred to as “Services”)
As we are providing services in Goa, we have complied with applicable laws of India in making the Services and its content available to you. In the event the Services is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Goa. If you choose to access or use the Services from locations outside Goa, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, by-laws, licenses, registrations, permits, authorisations, rules and guidelines.
Acceptance of Terms
Account Registration and use of the Services
You may access the Services either as (a) a guest using ‘Skip and Explore’; or (b) as a Customer by registering on the Platform by completing all the Steps necessary for registration. For the purpose of registration, you may be required to provide relevant information which includes your name, Mobile Number, Email Address or Residential Address.
For your Use of the Services provided on the Platform, we will register your mobile number and other personal information you provide to us during registration of your account. If you choose to use the Services, it shall be your responsibility to treat your verification code and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity (“Third Party”) other than us.
You agree to provide accurate, current and complete information during the registration process and also undertake to update such information as and when required to ensure that such information is accurate, complete and up-to-date.
We reserve the right to suspend or terminate your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your mobile and associated mobile number. You will immediately notify us of any unauthorized use of your Goa Home Food Account.
Goods and services purchased from the Services are intended for your personal use and consumption and you represent that the same are not for resale or you are not acting as an agent for other parties.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree to receive promotional SMS’s from Goa Home Food or allied partners. In case you wish to opt out of receiving promotional SMS’s please send an email to email@example.com.
Personal Information and Cookies
What will we do with your personal information?
We at Goa Home Food are committed to protecting and ensuring your privacy. Only authorised employees within the company have access to user’s details and information & are prohibited from using this information for any personal or commercial use.
We are an ISO 27001 company and Client records are regarded as confidential and will not be divulged to any third party, other than to appropriate authorities, only if legally required. We will not sell, share, or rent your personal information to any third party.
Bookings and Payments
The Services allows you to order home food and we will, subject to the terms and conditions set out herein, deliver the same to you.
As a general rule, all food orders made are treated as confirmed. Should you wish to retract your order, you should contact our Customer Care immediately, and Goa Home Food reasonably endeavor to affect such retraction. You will not be able to retract your order via the App, or after the Order is confirmed. You will not be able to change your order after placing it but may be able to retract it (subject to the above) and place a new one.
Placing Food in your Cart on the App without completing the purchase cycle does not constitute an order for Food, and as such, Food may be removed from the Cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Goa Home Food liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
While placing an order you shall be required to provide certain details, including without limitation, (i) the first and last name (ii) mobile number; and (iii) delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Goa Home Food’s terms and privacy policies.
In addition to the foregoing, we may also contact you by phone to inform and confirm any change in the order, due to unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and you will receive an SMS confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.
You can pay by credit card or debit card or net banking at the time of booking an order or you can pay by cash at the time of delivery.
You acknowledge and agree that we act as the Home Chef’s payment agent for the limited purpose of accepting payments from you on behalf of the Home Chef. Upon your payment of amounts to us via the website, mobile app or delivery agent, which are due to the Home Chef, your payment obligation to the Home Chef for such amounts is completed, and we are responsible for remitting such amounts, to the Home Chef. You shall not, under any circumstances whatsoever, make any payment directly to the Home Chef.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilised or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of your credit/ debit card.
You agree that where either the Home Chef or Goa Home Food is undertaking delivery of an Order, Goa Home Food is authorized to collect an additional charge for the delivery service ("Delivery Charge"). The Delivery charge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, demand during peak hours. Goa Home Food will use reasonable efforts to inform you of the Delivery Charge that may apply to you, provided you will be responsible for Delivery Charge incurred for your Order regardless of your awareness of such a Delivery Charge.
The Delivery of the Food will only be done to the Delivery Address provided at the time of order. In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds. If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made.
Cancellations and Refund
As a general rule, orders will be Confirmed within 10 minutes of receiving them.
You shall not be entitled to cancel your order once you have received confirmation of the same. i.e. Only orders that are “Pending Confirmation” can be cancelled.
Orders can be cancelled via the app using the below steps:
i. Navigate to “My Orders” screen using the Order icon in Title bar or from the navigation drawer.
ii. Click on an order that is “Pending Confirmation” to navigate to Order Details screen.
iii. Click on the “Cancel Order” button.
iv. Enter reason for cancellation in the comments box and click on Yes.
However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancel your order in the following circumstance:
i. in the event of the designated address following outside the delivery zone offered by us
ii. failure to contact you by phone at the time of confirming the order booking
iii. failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery or
iv. unavailability of all the items ordered by you at the time of booking the order or
v. failure due to reasons beyond our control or attributable to the Home Chef.
You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Services and only in the event of any of the following circumstances:
(i) your order packaging has been tampered or damaged at the time of delivery;
(ii) us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone at the time of confirming the order booking; or (C) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or (D) unavailability of all the items ordered by you at the time of booking the order; or (E) failure due to reasons beyond our control or attributable to the Home Chef.
(iii) you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking. Our decision on refunds shall be at our sole discretion and shall be final and binding.
All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
In case of payment at the time of delivery, you will not be required to pay for: (a) orders where the packaging has been tampered or damaged by us; or (b) wrong order being delivered; or (c) items missing from your order at the time of delivery.
We do not endorse any Home Chef. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any your purported identity.
Applicable Law and Jurisdiction
The terms of Service shall be governed by the laws of India. If any dispute, difference or question may at any time arise between the parties, the same shall be subject to the jurisdiction of the Courts at Goa, India.
Access to the Services, Accuracy and security
We endeavour to make the Platform and Services available during Home Chef working hours. However, we do not represent that accessto the Services will be uninterrupted, timely, error free, free of viruses or other harmful components.
We may update and change our app from time to time to reflect changes to our products, our users’ needs and our business priorities. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons.
We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services. You should use your own virus protection software.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice.
Relationship with operators if the Services is accessed on mobile devices
In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.
We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable Third-Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
Limitation of Liability
You agree and acknowledge that we shall not be responsible for:
(a) The services or goods provided by the Home Chef including, but not limited, serving of food orders suiting your requirements and needs;
(b) The Home Chef’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
(c) The availability or unavailability of certain items on the menu; or
(d) The Home Chef serving the incorrect orders.
The liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made here under shall solely rest with the Home Chefs.
You or any person instructed by you shall not use food purchased via the Goa Home Food Platform for resale.
You may not be able to avail our Services if your delivery location is outside our current scope of Service.
The details of the menu and price list available on the Services are based on the information provided by the Home Chefs.
It is your responsibility to review the ingredients used (displayed on Dish Description) when preparing the Food. We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.
Please note that some of the food may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Goa Home Food shall not be liable in the event food ordered by you does not meet your dietary and/or any other requirements and restrictions.
Food will be pre-packed by the home chef and delivered by a delivery agent. For the purpose of clarity, Pre-Packed Foods shall mean the food and beverages items which are placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
Your order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorisations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
You understand that our liability ends once your order has been delivered to you.
You agree that the Services shall be provided by us only during the working hours of the relevant home Chefs.
We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
Representations and Warranties
By using the Services you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Services shall be solely for your personal use and you shall not authorise others to use your account, including your profile or mobile number and that you are solely responsible for all content published or displayed through your mobile number and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact firstname.lastname@example.org.
You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.
You will not use another person’s name, or other information, likeness, voice or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is storedstored, or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our app will cease immediately.
You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a) any part of the Services or the Services software; or
(b) any equipment or any network on which the Services is stored or any equipment of any Third Party.
It is the sole responsibility of the participating home chef to honour your order, and the Platform is only a conduit between you and the Home chef. We shall not be liable for any acts or omissions on part of the Home chef including deficiency in service, wrong delivery of order, quality of food, time taken to prepare, deliver of the order, etc.
However, we want you to be content with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the App. We will communicate your complaint to the relevant Home Chef or Delivery Partner as may be necessary.
Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order; You will be required to share the proof of the same before any resolution can be provided. You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Home chef on a best-efforts basis.
You may contact us on email@example.com / +91 7264943000. Our registered address is FO/2, 4th Floor, Rukmini Towers, Near Tilak Maidan, F.L. Gomes Road, Vasco-Da-Gama, Goa – 403802.
We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Platform or our website for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORISED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.
WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR HOME CHEF ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FORGOING, OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED THE AMOUNT PAID BY YOU WITH RESPECT TO YOUR ORDER THAT GAVE RISE TO THE CAUSE OF ACTION.