Bhookle Tech Pvt Ltd Terms & Conditions

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Bhookle — Terms of Use — v01 — Jan 2022

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.bhookle.com website and Bhookle application for mobile and handheld devices.

Terms of Use

1. These terms of use (the “Terms of Use”) govern your use of our website www.bhookle.com (the “Website”) and our “Bhookle” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. 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 Bhookle and you signify your acceptance to this Terms of Use and other Bhookle policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

2. The Platform is owned and operated by Bhookle Tech Pvt Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at 24 Maharajapuram Santhanam Salai, T. Nagar, Chennai 600017, Tamil Nadu, India. For these Terms of Use, wherever the context so requires, “you”, “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms “Bhookle”, “we”, “us” or “our” shall mean Bhookle Tech Private Limited.

3. Bhookle enables transactions on its Platform between participating Home Chefs/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and © other products and services (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from a variety of products and services listed and offered for sale by various Home Chefs including but not limited to the Home Chefs, eateries, and grocery stores (“Merchant/s”), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).

4. Bhookle enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India (“Delivery Services”) by connecting third party service providers i.e., pick-up and delivery partners (“PDP”) 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 or Home Chefs). The Platform Services and Delivery Services are collectively referred to as “Services”. For both Platform Services and Delivery Services, Bhookle is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants. PDPs are individual entrepreneurs engaged with Bhookle on a voluntary, non-exclusive, and principal to principal basis to provide services for service fee. PDPs are independent contractors and are free to determine their timings of work. PDPs can also be subcontracted as a Third-Party service for which Bhookle will partner with other companies to achieve logistic support. Bhookle does not exercise control on the PDPs and the relationship between the PDPs and Bhookle is not that of an agent and principal or employee and employer.

5. For the pickup and delivery services and completing the Tasks, PDPs 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. As of Jan 2023, Bhookle will be collecting a commission fee of 20% of the “transaction cost” i.e. the amount payable to the Home Chefs for a given order that’s not inclusive of shipping or delivery or packaging, and the remaining 80% of the transaction cost will be credited to the Home Chefs within 3–5 business days. These commission rates are subject to revision only upon notice to Home Chefs.

Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Bhookle policies at any time by posting modified documents on the Platform and/or notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Bhookle policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Bhookle policies. As long as you comply with these Terms of Use, Bhookle grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Bhookle policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

Use of Platform and Services

1. All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Bhookle 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 Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and Bhookle has no role to play in such determination of price in any way whatsoever.

2. Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Bhookle and PDPs. Bhookle shall not be responsible for the services provided by PDP to Merchants/Buyers through the Platform other than for payment of fees charged by the PDPs for such pickup and delivery services or Task completion services and as otherwise may be expressly provided herein. Bhookle may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call center support, and other ancillary services, pursuant to independent contracts executed by Bhookle with the PDPs.

3. Bhookle does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. Bhookle takes no responsibility for such offers.

4. Bhookle neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Bhookle accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

5. Bhookle does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.

6. Bhookle is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, and between Merchants/Buyers and PDP on the Platform. Bhookle cannot and does not guarantee that the concerned Buyers, Merchants, and PDPs will perform any transaction concluded on the Platform. Bhookle is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

7. Bhookle is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between Buyer and Merchant and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall Bhookle hold any right, title or interest over the products nor shall Bhookle have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant and/or Buyer and PDP.

8. Bhookle is only providing a platform for communication, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Bhookle shall notify the same to Merchant and shall also redirect the Buyer to the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint. For delivery complaints and issues in order fulfillment, Bhookle will work directly with PDP

9. Similar to the above, Bhookle is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Merchants/Buyers with the PDP through the Platform. In case of complaints by the Merchants/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, Bhookle shall notify the same to the PDP and also assist Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

10. The reviews from users can be challenged by writing back to us operations@bhookle.com and we will mediate/moderate and be able to perform arbitrations as needed.”

Bhookle — Use of the Website and Apps (Android and iOS)

You agree, undertake, and confirm that your use of Platform shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, download, modify, publish, transmit, update, or share any information which:

1. belongs to another person and which you do not have any right to; While the Home Chefs are free to market their content and photos that’s specific to them at Bhookle, they aren’t authorized to do so for other Home Chefs in the platform

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

3. is misleading or misrepresentative in any way.

4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual.

5. harasses or advocates harassment of another person.

6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.

8. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity.

9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

11. provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone.

12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.

13. contains video, photographs, or images of another person (with a minor or an adult).

14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

15. solicits gambling or engages in any gambling activity which is or could be construed as being illegal.

16. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services.

17. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

19. harm minors in any way.

20. infringes any patent, trademark, copyright, or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.

21. violates any law for the time being in force.

22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

23. impersonate another person.

24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data, or personal information.

25. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation.

26. is false, inaccurate, or misleading.

27. directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force; or

28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.

4. You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Bhookle’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bhookle or Merchant on platform or otherwise tarnish or dilute any Bhookle’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. Bhookle will honor this defamation comments mutually as well. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Bhookle’s systems or networks, or any systems or networks connected to Bhookle.

6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Bhookle and/or others.

9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and © international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

10. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

11. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

12. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

13. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Bhookle shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Bhookle views. In no event shall Bhookle assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. Merchants can request deletion of their data/content by writing to privacy@bhookle.com

14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

15. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

16. Bhookle shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

17. There is no exclusivity clause to your listing at Bhookle and you can pursue other channels of sales as your business/enterprise see fit

18. The reviews from users can be challenged by writing back to us operations@bhookle.com and we will mediate/moderate and be able to perform arbitrations as needed.

19. Your availability/unavailability is controlled by you, and you are encouraged to inform us ahead

20. There is no residency or partnership clause and we both can terminate at any point if the collaboration is proving unsuccessful unfortunately despite measures and in such an unfortunate event, Bhookle will ensure any residual payments to our chefs are dispersed.

21. Bhookle will be collecting a commission fee of 20% of the transaction cost that’s not inclusive of shipping or delivery or packaging and the remaining 80% of the transaction cost will be credited to the Home Chefs within 3–5 business days. These rates are subject to revision only upon notice to Home Chefs.

22. You may access the Platform by registering to create an account (“ Bhookle Account”) and become a member (“ Membership”); or © you can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “ Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Bhookle Account with Third Party Accounts, by either:

1. providing your Third-Party Account login information to us through the Platform; or

2. allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

23. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

24. By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (“ SNS Content”) so that it is available on and through the Platform via your Bhookle Account.

25. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

26. Depending on the Third-Party Accounts, you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Bhookle Account on the Platform.

27. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform.

28. We will create your Bhookle Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one Bhookle Account and are not permitted to create multiple accounts. Bhookle reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

29. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

30. We reserve the right to suspend or terminate your Bhookle Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Bhookle policies.

31. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Bhookle Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Bhookle Account.

32. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Order Booking and Financial Terms

1. The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Bhookle will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.

2. Bhookle does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs.

3. As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.

4. However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.

5. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Bhookle reserves the right to not to process Buyer’s Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.

6. All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept, and agree that the payment facility provided by Bhookle is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Bhookle is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

7. Buyers acknowledge and agree that Bhookle acts as the Merchant’s and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or PDP, your payment obligation to the Merchant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.

8. Buyer agrees to pay for the total amount for the Order placed on the Platform. Bhookle will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or home chef service for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

9. In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

10. The final tax bill will be issued by the Merchant and PDP (if registered for tax purposes) to the Buyer along with the Order and Bhookle is merely collecting the payment on behalf of such Merchant and PDP. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant and PDP. Bhookle holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant and the PDP.

Disclaimer: Prices on any product(s) as reflected on the Platform may be due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer’s Order(s).

11. The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Bhookle.

Terms of service: Buyer Clauses

1. The Buyer agrees and acknowledges that Bhookle shall not be responsible for:

1. The services or goods provided by the Merchants including but not limited to serving of food Orders suiting your requirements and taste.

2. The Merchant’s services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm, or damage to him/her.

3. The availability or unavailability of certain items on the menu.

4. The Merchant serving the incorrect Orders; or

5. Product liability of goods provided by Merchants.

2. The details of the menu and price list available on the Platform with respect to home chef services, goods or any other services are based on the information provided by the Merchants and Bhookle shall not be responsible for any change or cancellation or unavailability.

3. Buyers and Merchants agree and acknowledge that Bhookle is not responsible for any liability arising out of delivery services provided by PDP to them.

4. Buyers may not be able to avail Services if their delivery location is outside Bhookle’s current scope of Service. Bhookle will keep the Buyer informed of the same at the time of confirming his/her Order booking.

5. 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 PDPs and Merchants. Bhookle will not be responsible for any delay in the delivery of an Order.

6. Buyer understands that there are certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. Bhookle exercises no control on such delivery services and same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. Bhookle shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.

7. 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 cancelled in the event of any change of the address as informed by the PDP 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 PDP or sole discretion of Bhookle.

8. 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.

9. The Buyer understands that Bhookle’s (including Merchant’s and PDP’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists.

10. Services provided:

1. You agree and acknowledge that Bhookle shall be liable in the event you have failed to adhere to the Terms of Use.

2. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

11. Bhookle does not offer any refunds against goods or services already purchased from a Merchant or PDP through the Platform unless an error that is directly attributable to Bhookle has occurred during the purchase of such product or services.

12. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

13. If you use the Platform, you do the same at your own risk.

14. Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and PDPs.

No Endorsement

1. We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

2. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members 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 us with respect to such actions or omissions.

Intellectual property

1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof. As part of Bhookle exclusive onboarding, Bhookle agents or employees take pictures and videos of home chefs in action and those content (photography, videos) are intellectual property of Bhookle that was created with Bhookle resources (agents and cameras and video capture devices). Any subsequent photos of the dishes taken and sent by home chefs are intellectual property of the home chefs. In other words, which ever party creates the content owns the content. It is Bhookle’s promise to use the home chef related photos and videos only for marketing and promotional purposes and no point in time any data sales or personal details shared for monetary profit.

2. You recognize that Bhookle is the registered owner of the word mark ‘Bhookle’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Bhookle’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at info@bhookle.com with all relevant information.

3. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.

4. 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.

5. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

6. If you print off, copy, or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

Third Party Content

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

2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

IP Notice and Take Down Policy

1. Bhookle has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

2. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

3. Note: Bhookle does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, Bhookle is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Bhookle.

Shipping Policy

Orders can be delivered in and around Chennai and Bengaluru Cities

Our deliveries are dependent on 3P network

Orders for the next day can be placed until 11:55 pm the day before

Refund Policy

Buyer may be entitled to a refund for prepaid Orders. BHOOKLE retains the right to retain the penalty payable by the Buyer in Section I(2) from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;

Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or Bhookle, however such refunds will be assessed on a case to case basis by Bhookle

Our decision on refunds shall be final and binding .