TERMS AND CONDITIONS (DELIVERY PARTNER)

TERMS OF USE

Welcome to HomeFooody (the “Platform” or “HomeFooody”).  This platform is owned & Operated by M/S HOMEFOOODY’ a company incorporated under the laws of India’ on 1^st August 2024’ having its registered officer at,

Registered office Mahendra hills, East Marredpally, Secunderabad 500026.

“Company/HomeFooody” which expression would mean and include its officers, successors and permitted assigns or “us” or “we”). The Platform is for purposes of connecting home chefs and users who wish to avail services of online food delivery. A customer can choose and place orders (” Orders”) from variety of products listed and offered for sale by various home chefs (” Merchant/s”), on the Platform and HomeFooody enables delivery of such orders at select localities of serviceable cities across India by using your services as a delivery partner (“Delivery Partner”). The Platform enables you to register as a Delivery Partner for enabling delivery of orders to a Customer in return for a commission payable to you by the Company (“Services”)

1. APPLICABILITY AND AMENDMENT OF TERMS

1.1 These terms and conditions of use (“Terms”) apply to all registered members and users of the Platform who wish to register themselves as a Delivery Partner (“Users”). We request you to carefully go through these before you decide to access this Platform or use the Services made available on the Platform. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Platform and your use of the Services.

1.2 Your use of the Platform or the Services will signify your acceptance of the Terms and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by these Terms and Privacy Policy, you may not access or otherwise use the Platform or the Services. We reserve the right to modify or terminate any portion of the Platform or the Services offered by the Company or amend the Terms for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these terms periodically.  Your continued use of the Platform or the Services will signify your acceptance of the amendments.

1.3 Nothing in the Terms should be construed to confer any rights to third party beneficiaries.

2. REGISTRATION AND ACCESS

2.1 If you wish to register as a Delivery Partner, you will have to register on the Platform and become a registered user. To register onto the Platform, you will have to provide certain information such as your name, contact information, business profile, content details, among other information as may be required by the Company. Following this an exclusive username and password will be created for you.  Please note that the Company shall register you as a Delivery Partner only upon submission of your KYC documents and successful verification thereof by the Company. In the event that the Company finds your KYC documents unsatisfactory, the Company reserves the right to reject your registration as a Delivery Partner at its sole discretion.

2.2 Registration is only a one time process and if you have been previously registered, you will login into your account using the same credentials as provided by you during the registration process. We request you to safeguard your password and your account and make sure that others do not have access to it.      It is your responsibility to keep your account information current.

2.3 When you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your account.  We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information accurate.

2.4 We reserve the right to refuse access to the Platform, to terminate accounts, remove or edit content including the list of products/services offered by the Merchants at our discretion.

2.5 We will try to make the Platform error-free. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.

3. PLATFORM CONTENT

3.1 All information provided by Users are self-declared and not verified by HomeFooody.

3.2 As a User You expressly understand and agree that:

(a) shall not use the Platform to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any Content that:

(b) belongs to another person and to which you do not have any right;

(c) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(d) Harms minors in any way;

(e) Infringes any patent, trademark, copyright or other proprietary rights;

(f) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) Impersonates another person;

(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Platform and/or the Services; and () threatens the unity, integrity, defence, security or sovereignty of our nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insults any other nation; is posted for any fraudulent purpose.

3.3 The information, content and materials on the Platform and / or Service is provided on an “as is” and “as available” basis.

3.4 The Company does not warrant that the functions contained in content, information and materials on the Platform and / or Service, including, without limitation any third party sites or services linked to the Platform and / or that the Service will be uninterrupted, timely or error-free.

3.5 Any material downloaded or otherwise obtained through the Platform are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system; and

3.6 Company cannot and will not assure you that other Platform users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you.

3.7 Your use of the Platform shall be subjected to the following restrictions:

(a) You may not modify any content of the Platform;

(b) You may not decompile, reverse engineer, or disassemble the content: or

(c) You may not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use the Platform in any manner that may be harmful to the operation of the Platform or its content.

4. REPRESENTATIONS AND WARRANTIES BY THE USERS

4.1 By using the Platform, you represent and warrant that:

(a) You are 18 years of age or older and that your use of the Platform will not violate any applicable law or regulation.

(b) You have a valid driving license, Vehicle Registration (RC), Aadhar Card & Insurance of the vehicle, free from traffic police fines & offences’ as required under the laws of India.

(c) You have not been suspended by any authority from using, handling or managing a two wheeler vehicle on the road.

(d) You have not been convicted of any crimes under applicable laws of India which impact or are related to your role as a Delivery Partner.

(e) The KYC documents provided by you are true, correct and not misleading in any manner whatsoever.

(f) All information provided on the Platform by you is true, factual and accurate and you agree to maintain the accuracy of such information. In the event of any change in the accuracy of the information, you agree to inform the Company about such changes.

5. INDEMNITY

5.1 You agree to indemnify and hold harmless the Company, its independent Merchants, Customers and their respective directors, officers, employees and agents (collectively, “HomeFooody Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any communication you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another User; (e) your conduct in connection with the platform(s).

5.2 In addition to being liable to the Company, You shall be liable to a Customer for any losses that may arise to the Customer out of the performance of your services as a Delivery Partner. You shall be responsible for the following’

(i) Food Spillage/Food Misplaced/ Food Packet Damaged’ which are chargeable to your account & will be deducted from your payable emoluments.

6. LIMITATION OF LIABILITY

6.1 You expressly understand that under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances.

6.2 To the fullest extent permitted by law, in no event will Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms, Company’s liability under these Terms shall in no event exceed the amounts received by the Company from You.

7. DELIVERY SERVICES

7.1 Upon successful registration as a Delivery Partner, You undertake that you shall deliver all orders within the prescribed time limits as mentioned on the Platform. Upon an Order being placed by a Customer, You shall be informed by way of notification on the Platform that you are required to deliver the Order to the Customer. We may call you on the telephone or mobile number provided to confirm the details of the order, the location of the Merchant and the Customer and the estimated delivery time. In the event that you do not respond to communication with HomeFooody, HomeFooody reserves the right to assign another Delivery Partner for such Order. In the event that HomeFooody is of the reasonable opinion that You are generally not responding to communication for delivery of Orders or your responses are often delayed, HomeFooody reserves the right to terminate your registration with immediate effect and clear any outstanding dues that may be payable by HomeFooody until the date of termination of Your services.

7.2 For the purpose of facilitating delivery of the Order, the Company shall share the pick-up address of the Home chef from where the Order shall be picked up and the address of delivery i.e. the address of the Customer. You agree that the usage of the personal information of the Customer is purely for the purpose of providing the Customer delivery services and under no circumstances whatsoever shall you share the personal information of the Customer with any third party. You agree that in the event you undertake any activity with respect to the personal information of the Customer which is unauthorized by the Company, You agree to indemnify the Company for any losses, liabilities and third party claims which may arise as a consequence of your actions.

7.3 You are, at all times expected to follow the applicable traffic rules while providing delivery services as a Delivery Personnel. Should you violate any traffic rules as a result of which an Order is delayed or cancelled by a Customer, the Company reserves the right to deduct the value of such order from the commission payable to you by the Company. The Company shall not be liable to pay for any fines or penalties which may arise out of your violation of the existent traffic rules.

7.4 From the time you pick up an Order from a Home Chef until the time of delivery of the Order to the Customer, You shall take all reasonable efforts to ensure that the Order is delivered in a condition in which it was provided to you. You shall check the packaging of the Order at the time of pick up from the Merchant and if You are of the opinion that the Order needs to be packaged differently owing to the nature of the Order, You may request the Merchant to re-pack the Order and if the Merchant refuses to re-package the Order, You shall contact the Company and inform the Company about the same.

7.5 At no time whatsoever shall you tamper with the Order. In the event that a Customer complains that an order has been tampered with and if HomeFooody reasonably believes that you have tampered with the order, HomeFooody reserves the right to terminate your registration as a Delivery Partner with immediate effect and claim the incurred monetary loss.

7.6 The commission payable to you as a Delivery Partner is dependent on the value of the Order.  Please note that the prices of products may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price by the Merchant may result in a change in the commission payable to You by HomeFooody.

7.7 As consideration for your services, you shall be entitled to a commission which shall be payable to you as a certain percentage of the value of each Order delivered by you. Your commission as a Delivery Partner l shall be remitted to your bank account at the end of every [week]. The rate of commission shall be as mutually agreed between you and the Company. However, the Company reserves the right to deduct any amounts not exceeding 100% of the commission in the event of your violation of these Terms of Use.

7.8 You are required to contact the Customer only through the Platform for the sole purposes of:

(a) In the event if the address provided to you is either wrong or you are unable to trace the address of the Customer;

(b) Informing the Customer about the unavailability of all or a part of the Order; or

(c) Any exigencies due to which the delivery services shall be delayed

7.9 You shall maintain proper speech and decorum with a Customer at all times and you shall not engage in any personal conversation or untoward conduct with a Customer, nor shall you engage in visiting the customers place without the purpose of delivering the order. Any complaints made by a Customer shall be taken up in the form of a disciplinary action by the Company and the Company reserves the right to initiate legal action against you.

7.10 You shall ensure that you enable tracking of the Order through the Platform and update the status of the Order at all times on the Platform in order for a Customer to efficiently track the status of each Order. In the event that you are unable to update the Platform for any reason which is solely attributable to the Platform, You shall immediately contact the Company and the Company shall take all reasonable efforts to rectify the operation of the Platform.

7.11 In the event that the Company requires you to use any marketing material with the delivery of the order, you agree to do so. This may include wearing an attire which is designed with the Company’s logo and trademark to enhance brand recognition of the Company or distributing pamphlets, visiting the client for advertisement purposes as advised by your team leader.

7.12 You acknowledge that you are not an employee of the Company and therefore, are not entitled to any benefits that an employee of the Company is entitled to. You agree and acknowledge that you are entitled to receive only the commission for your services as set out in this Agreement as a GIG Worker/Daily Wage Employee

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The design of this Platform and its content are the property of HomeFooody and are protected by copyright, trademark and other intellectual property laws. All information, Content, services and software displayed on, transmitted through, or used in connection with the HomeFooody Platform is owned by us. You may use the Content only through the HomeFooody Platform, and solely for your personal, non-commercial use.

8.2 You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission.

8.3 The display of any trade names, trademarks, service marks, logos or domain names on this Platform does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos or domain names.

9. TERMINATION

In the event you breach the Terms or in the event a Customer reports violation of any of their right as a result of your provision of Services, the Company reserves the right to suspend or terminate your access to the Platform with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your registration the Platform. Upon suspension or termination, your right to avail the Service and access to the Platform will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you. Your registration with the Platform shall be terminated with immediate effect in the event that                                                 (i) Your driving license is suspended or terminated by the authorities in India; or                                                          (ii) there are three violations by You of the Terms of Use in a month,                                                                      The Company reserves the right to terminate your registration at any time and for any reason by giving You a notice of 7 days. You may terminate your registration with the Platform by giving a notice of at least 30 days to the Company. Notwithstanding the reason of your termination, you shall be entitled to receive commissions payable to you by the Company until the date of termination subject to such deductions as may be required to be made in accordance with these Terms of Use.

10. APPLICABLE LAW

You agree that the interpretation of this Terms and the resolution of any disputes arising under these Terms will be governed by the laws of India.

ARBITRATION

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, or to your use of the Platform or the Service or information to which it gives access, will be determined by arbitration in the applicable country, before a sole arbitrator. Arbitration will be conducted in accordance with the laws of India. All proceedings of such arbitration, including, without limitation, any awards, will be in the English language. The award will be final and binding on the parties.

12. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

13. NOTICES

All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision: If to Company registered officer at,

Plot no: 61, Sanjeev Housing Society, Road no 1, Mahendra Hills, East Marredpally,  

Secunderabad, 500026, Telengana

If to you: at the email address provided by you to us when you registered on this Platform.

14. GRIEVANCE OFFICER

In accordance with the applicable laws made thereunder, the Grievance Officer for the purpose of your personal sensitive information as governed by the Company’s privacy policy can be reached at HomeFooody.com

15. WAIVER

No term of these Terms will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by the Company. Any consent by Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. COMPLETE UNDERSTANDING

These Terms contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms other than those contained or referenced in these Terms.

YOU HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE