REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
SUXES Hospitality Solutions Pvt Ltd., proprietor and owner of Dial-a-Meal® - Homechefs (hereafter referred to as “Dial-a-Meal® - Homechefs”, "we", "us", or "our")
provides an online platform that connects homechefs who
want to provide home made food and customers who want to order
from these home chefs (collectively, the “Services”), which
Services are accessible at http://homechefs.dialameal.in and any
other websites through which Dial-a-Meal® - Homechefs makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally
bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding
you have no right to obtain information from or otherwise continue using the Site.
Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
Dial-a-Meal® - Homechefs reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms,
including the Service Fees, at any time and without prior notice. If we modify these
Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site
or Services after we have posted a modification on the Site or have provided you with notice of a modification,
you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse
is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older.
Any access to or use of the Site or Services by anyone under 18 is expressly prohibited.
By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work:
The Site and Services can be used to facilitate the orders of meals
from home chefs. Such options are included in Listings on the Site
and Services by home chefs. You may view Listings as an
unregistered visitor to the Site and Services; however, if you wish
to book a meal or create a Listing, you must first register to create
a Dial-a-Meal® - Homechefs Account.
As stated above, Dial-a-Meal® - Homechefs makes available an online platform or marketplace with related
technology for Guests and Hosts to meet online and arrange for sharing homemade meals directly with each other.
Dial-a-Meal® - Homechefs is not an owner or operator of these listings. Dial-a-Meal® - Homechefs responsibilities are limited to:
(i) facilitating the availability of the Site and Services and
(ii) serving as the limited
payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
If you have a Dial-a-Meal® - Homechefs Account, we may display your profile & meal listing
name, profile, home and food photos, reviews received for your meal listings in
our Services, including displaying in marketing events, ads and other
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS
AND GUESTS MEETING EACH OTHER AND TO ENABLE THEM TO AGREE TO BOOKINGS OF MEALS. Dial-a-Meal® - Homechefs CANNOT AND DOES NOT CONTROL
THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTINGS. Dial-a-Meal® - Homechefs IS NOT RESPONSIBLE FOR AND
DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS.
ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and
to book a meal or Start sharing meals as a host, you must register to create an account (Dial-a-Meal® - Homechefs Account”) and become a Member.
You may register to join the Services directly via the Site or as described in this section.
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 Site, as described below. As part of the functionality of the Site and Services, you may link your Dial-a-Meal® - Homechefs
Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Dial-a-Meal® - Homechefs through
the Site or Services; or (ii) allowing Dial-a-Meal® - Homechefs to access your Third Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your
Third Party Account login information to Dial-a-Meal® - Homechefs and/or grant Dial-a-Meal® - Homechefs 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 Dial-a-Meal® - Homechefs to pay any fees or making Dial-a-Meal® - Homechefs subject to any usage
limitations imposed by such third party service providers. By granting Dial-a-Meal® - Homechefs access to any Third Party Accounts, you understand
that Dial-a-Meal® - Homechefs will access, make available and store (if applicable) any Content that you have provided to and stored in your Third
Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Dial-a-Meal® - Homechefs Account and Dial-a-Meal® - Homechefs
Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content
for all purposes of these Terms. 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 Dial-a-Meal® - Homechefs Account on the Site and Services. Please note that if a Third Party Account or associated service becomes
unavailable or Dial-a-Meal® - Homechefs 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 Site. You have the ability to disable the connection between your Dial-a-Meal® - Homechefs Account and your
Third Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD
PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Dial-a-Meal® - Homechefs makes no effort to review
any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Dial-a-Meal® - Homechefs is not responsible
for any SNS Content.
We will create your Dial-a-Meal® - Homechefs Account and your Dial-a-Meal® - Homechefs Account profile page for your use of the Site based upon the personal
information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Dial-a-Meal® - Homechefs
Account. You agree to provide accurate, current and complete information during the registration process and to update such information
to keep it accurate, current and complete. Dial-a-Meal® - Homechefs reserves the right to suspend or terminate your Dial-a-Meal® - Homechefs Account and your access
to the Site and Services if you create more than one (1) Dial-a-Meal® - Homechefs Account or if any information provided during the registration process
or thereafter proves to be inaccurate, not current or incomplete. 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 Dial-a-Meal® - Homechefs Account, whether or not you have authorized such activities or actions. You will immediately notify Dial-a-Meal® - Homechefs of
any unauthorized use of your Dial-a-Meal® - Homechefs Account.
Dial-a-Meal® - Homechefs does not recommend any Members or any Meals. In addition, although these Terms require Members to provide accurate information,
we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability
of others who you contact via the Site, Application and Services. By using the Site and 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 Dial-a-Meal® - Homechefs with
respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding
any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Dial-a-Meal® - Homechefs regarding the remittance of payments received from a Guest by Dial-a-Meal® - Homechefs on behalf of a Host,
which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”
Bookings and Financial Terms:
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your meal via the Site and Services, you will be required to either confirm or reject
the booking within 24 hours of when the booking is requested (as determined by Dial-a-Meal® - Homechefs in its sole discretion) or the booking request will
be automatically cancelled. When a booking is requested via the Site and Services, we will share with you (i) the first and last name of the
Guest who has requested the booking, (ii) a link to the Guest’s Dial-a-Meal® - Homechefs Account profile page, so that you can view such information before
confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a meal within such 24 hour period, any
amounts collected by Dial-a-Meal® - Homechefs for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such
credit card will be released. When you confirm a booking requested by a Guest, Dial-a-Meal® - Homechefs will send you an email confirming such booking.
The fees displayed in each Listing are comprised of the meal Fees. Where applicable, Taxes may be charged in addition to the meal Fees.
The Meal Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. Please note that it is the Host and not
Dial-a-Meal® - Homechefs which determines the meal Fees.
The Meal Fee may include a cleaning fee, at the Host’s discretion.
Dial-a-Meal® - Homechefs charges a fee to Guests for use of the online platform based upon a percentage of applicable meal Fees.
Dial-a-Meal® - Homechefs will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment
of the meal Fees (less Dial-a-Meal® - Homechefs Service Fees) to the Host within 24 hours of when the
Guest arrives at the applicable meal-home (except to the extent that a refund is due to the Guest).
Appointment of Dial-a-Meal® - Homechefs as Payment Collection Agent for Host:
Each Host hereby appoints Dial-a-Meal® - Homechefs as the Host’s limited payment collection agent solely for the purpose of collecting payments made
by Guests on behalf of the Host. Each Host agrees that payment made by a Guest through Dial-a-Meal® - Homechefs shall be considered the same as a payment
made directly to the Host and the Host will make the meal available to Guest in the agreed upon manner as if the Host has received the meal Fees.
Each Host agrees that, Dial-a-Meal® - Homechefs may, in accordance with the cancellation policy, (i) permit the Guest to cancel the booking and (ii)
refund to the Guest that portion of the Meal Fees specified in the applicable cancellation policy. In accepting appointment as the limited
authorized agent of the Host,
Dial-a-Meal® - Homechefs assumes no liability for any acts or omissions of the Host.
Membership Fees and Charges for Hosts
Hosts are required to pay membership charges upon joining
Dial-a-Meal® - Homechefs Service. All fees set forth towards membership shall be
deemed to have been earned on the date payment is due and
shall be non-refundable. Fees paid shall not be refundable under
Bookings and Financial Terms for Guests:
The Hosts, not Dial-a-Meal® - Homechefs, are solely responsible for honoring any confirmed bookings and making available any meals reserved
through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a meal, you agree
and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and
restrictions associated with such bookings imposed by the Host. You acknowledge and agree that you, and not Dial-a-Meal® - Homechefs, will be responsible for
performing the obligations of any such agreements, that Dial-a-Meal® - Homechefs is not a party to such agreements, and that, with the exception of its payment
obligations hereunder, Dial-a-Meal® - Homechefs disclaims all liability arising from or related to any such agreements. You acknowledge and agree that,
notwithstanding the fact that Dial-a-Meal® - Homechefs is not a party to the agreement between you and the Host, Dial-a-Meal® - Homechefs acts as the Host’s payment collection
agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Dial-a-Meal® - Homechefs which are due to
the Host, your payment obligation to the Host for such amounts is extinguished, and Dial-a-Meal® - Homechefs is responsible for remitting such amounts, less
Dial-a-Meal® - Homechefs Service Fees, to the Host. In the event that Dial-a-Meal® - Homechefs
does not remit any such amounts to a Host, such Host will have recourse only against Dial-a-Meal® - Homechefs.
Listings for Meals will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within
24 hours of when the booking is requested (as determined by Dial-a-Meal® - Homechefs in its sole discretion) or the requested booking will be automatically
cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Dial-a-Meal® - Homechefs will be refunded
to such Guest, depending on the selections the Guest makes via the Site,
and any pre-authorization of such Guest’s credit card will be released, if applicable.
You agree to pay Dial-a-Meal® - Homechefs for the Total Fees for any booking requested in connection with your Dial-a-Meal® - Homechefs Account if such requested
bookings are confirmed by the applicable Host. Once Dial-a-Meal® - Homechefs receives confirmation of your booking from the applicable Host, Dial-a-Meal® - Homechefs
will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable
Listing. Please note that Dial-a-Meal® - Homechefs cannot control any fees that may be charged to a Guest by his or her bank related to Dial-a-Meal® - Homechefs
collection of the Total Fees, and Dial-a-Meal® - Homechefs disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name,
billing address and credit card information either to Dial-a-Meal® - Homechefs or its third party payment processor. You agree to pay Dial-a-Meal® - Homechefs
for any confirmed bookings made in connection with your Dial-a-Meal® - Homechefs Account in accordance with these Terms by one of the methods described
on the Site– e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as
part of requesting the booking, either directly by Dial-a-Meal® - Homechefs or indirectly, via a third party online payment processor or by one of the payment
methods described on the Site. If you are directed to Dial-a-Meal® - Homechefs third party payment processor, you 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
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Dial-a-Meal® - Homechefs reserves the right to accept or decline requests for hosting by any user.
In consideration for the use of Dial-a-Meal® - Homechefs online marketplace and platform, Dial-a-Meal® - Homechefs collects service fees from Hosts
(“Service Fees”) at the rate of HOST_SERVICE_FEE% of the price of the meal. Service Fees are deducted from the Meal Fees before remitting the Meal Fees to the Host, within 24 hours of when the
at the applicable meal location, assuming no disputes occur.
Guests are not charged a service fee, however guests are charged for credit card processing fees as applicable.
The service fees and guest charges may be reviewed and updated from time to time.
Balances will be remitted by Dial-a-Meal® - Homechefs to Hosts via check, PayPal, direct deposit or other payment methods described on the Site.
IF YOU CHOOSE TO USE THE SITE, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Dial-a-Meal® - Homechefs DOES NOT HAVE AN
OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND
CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, Dial-a-Meal® - Homechefs EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Dial-a-Meal® - Homechefs MAKES NO WARRANTY THAT THE SITE, SERVICES,
COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY MEALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. Dial-a-Meal® - Homechefs MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Dial-a-Meal® - Homechefs OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT,
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT Dial-a-Meal® - Homechefs DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE,
APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS.
Dial-a-Meal® - Homechefs MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN
PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Dial-a-Meal® - Homechefs. NOTWITHSTANDING Dial-a-Meal® - Homechefs APPOINTMENT AS THE LIMITED PAYMENT COLLECTION
AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, Dial-a-Meal® - Homechefs EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY
ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by Dial-a-Meal® - Homechefs and / or its associate entities / yous. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Site or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
You agree to indemnify and hold harmless, without objection, Dial-a-Meal® - Homechefs, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from your use of http://homechefs.dialameal.in or their breach of the terms .
You agree that neither Dial-a-Meal® - Homechefs nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of your transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Dial-a-Meal® - Homechefs has been advised of the possibility of such damages.
You further agree that Dial-a-Meal® - Homechefs shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
You agree that Dial-a-Meal® - Homechefs shall not be responsible or liable to you, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Dial-a-Meal® - Homechefs total liability to You for all damages or/and losses or/and causes of action exceed the amount paid by the You to Dial-a-Meal® - Homechefs, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Dial-a-Meal® - Homechefs or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Site be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Site and the Site material / Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
ACCEPTABLE WEBSITE USE
(A) Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which you are not authorised to access, (2) attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Site, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
You may not use the Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
REFUND AND CANCELLATION POLICY
(A) We do not offer any refunds, as of now.
(B) Cancellations are subject to the terms and conditions of each individual chef in respect of cancellation of order, and may vary for each dish/order, depending on the item and quantity. Therefore, please read the same before placing an order. For cancellations, please contact the chefs via their respective link.