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Home Cooked Covid Meals
Terms of Service
(UPDATED ON: [16 July 2020])
This Document is an electronic record in terms of the 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 electronic record is generated by a computer system and does not require any physical or digital signatures. 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 Service for access or usage of the Application and Services.
FoodyBuddy Applications Private Limited (hereinafter referred to as “Foodybuddy”, “we” “us” “our” or “Company”) operates a mobile application, “Chef Buddy App” (the “App”) available on Google Play Store, iOS, and other similar platforms and also operates a website https://www.chefbuddy.biz/ (the “Website”). The App and the Website shall be together referred to as the “Platforms”, and individually as “Platform”.
These terms of Service (“Terms”) govern the use of or access to the Platforms and the Services (as defined below) and your participation in Referral and other promotional programs undertaken by us from time to time (“Referral Programs”) and constitute a binding legal agreement between you and FoodyBuddy.
Please read carefully our terms and Privacy Policy, which may be found here -https://www.chefbuddy.biz/privacy-policy, and which is incorporated by reference into these terms. If you do not agree to these Terms, you have no right to obtain information from and or / otherwise use the Platforms or Services.
Failure to use the Platforms and the Services in accordance with these Terms may subject you to civil and criminal penalties.
The Company reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.
  1. Key Terms
    1. FoodyBuddy Content” means all Content that FoodyBuddy makes available through the Platforms, or Services, including any Content licensed from a third party, but excluding Member Content.
    2. "Collective Content" means Member Content and FoodyBuddy Content.
    3. "Content" means text, graphics, images, music, software, audio, video, information or any other materials.
    4. "Member" means a person who gets enlisted with FoodyBuddy and uses the Services by providing phone number, email id, and other information as may be decided to be sought by FoodyBuddy from time to time.
    5. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Application or Services.
    6. Services” shall refer to all services set forth in paragraph 4.1 of these Terms.
    7. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
    8. User” means any person (including, a visitor) accessing the Application and Services, whether as a Member or not.
  2. Acceptance of Terms
    1. You will be bound by the Terms set forth herein and the Privacy Policy available here https://www.chefbuddy.biz/privacy-policy. whether You are a User or a Member. These Terms and the Privacy Policy constitute a valid and legally binding agreement between You and Us. If You do not accept these Terms, You should leave the Platform and discontinue the use of the Service immediately.
    2. We may modify these Terms from time to time, and such modification shall be effective upon its posting on Our Platforms. You agree to be bound by any modification to these terms when You use the Platforms after any such modification is posted; it is therefore important that You review these Terms regularly.
  3. General Registration Requirements
    1. In consideration of Your use of Our Platforms, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
      1. provide true, accurate, current and complete information about Yourself while registering on Our Platforms to avail the Services; and
      2. maintain and promptly update Your registration data to keep it true, accurate, current and complete.
    2. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of Our Platforms (or any portion thereof) at any time.
    3. There is limited Content available on Our Platforms. All of such Content is provided to You “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Platforms and the Content.
    4. You may access Our Platforms as available for Your information and personal use.
    5. You will be required to enter a valid phone number while registering on Our Platforms as a subscriber. By registering Your phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If We do so, each communication We send You will contain instructions permitting You to "opt-out" of receiving future communications. In addition, if at any time, You wish not to receive any future communications or You wish to have Your name deleted from Our mailing lists, please contact Us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us. However, please note you may continue to receive transactional messages from time to time in accordance with applicable law.
  4. Services
    1. You agree and acknowledge that the Company only provides a technology platform, through which you can manage your services contingent to the information provided by you, including, but not related to expense management, keeping track of your orders/services, cataloging items and prices, storing information of your customers, and any other services provided by the Company from time to time, all on one Platform.
    2. The Platform provides and allows the following Services which, include, but are not limited to:
      1. An online record of orders wherein the Members, can record their order entries with their respective customers. The information entered by the user cannot accessed by the Company;
      2. Allowing Members to market their services on social platforms of the Users;
      3. Allows Users to design custom menu themes;
      4. Allowing Members to send payment reminders to their customers [via messages, or social media platforms];
      5. Allowing Members or Users to track and calculate earnings and expenses;
      6. For the purposes of this clause, Services would include any other future services the Company provides/proposes to provide.
    3. To avail any Services offered by the Company, You will have to register with the Application to create Your Profile. You may then update the Platform with personal information relating to You.
    4. The Company does not guarantee the consistency or the stability of the Application. Further, any services provided by the Company may be subject to change at the discretion of the Company, and the Company does not require Your permission for the same.
    5. The Platform also automatically syncs the data entered by You to Your registered e-mail address and/or phone number.
    6. You agree that you shall be solely responsible for the food preparation, quality of ingredients, use of preservatives, place of preparation, and any other allied activities. You further agree that you shall abide by the required standards of food preparation, hygiene, and quality, as required under applicable law.
    7. You agree that you are solely responsible for compliance with all laws, regulations and other obligations regarding the preparation of meals. You expressly agree that you will procure all licenses and registrations as required under applicable law.
    8. Premium Services:
      1. You may use our premium services by paying an amount as specified in the Application to avail exclusive premium services. These premium services may be different for each user of the Application.
      2. Any payments made to the Company in respect of premium services are non-refundable and there are no refunds or credits for partially used periods.
      3. The Company may at its discretion revise the amount payable in respect of premium services, and these services may also be provided to users who have not paid the requisite fee to upgrade their services to premium.
    9. The Company may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”).The User authorises the Company and any third-party service provider it may engage with or interact with in connection with using the Platform to process KYC Documents and ascertain the User’s eligibility. Any processing undertaken by the Company shall be in accordance with its Privacy Policy and these Terms. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
    10. To avail the Services:
      1. User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and phone number among other details. In addition to creating the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of the User’s customers.
      2. User will have to warrant that all information furnished in connection with its Profile is and shall remain accurate and true in all respects.
      3. User to agree and undertake a prompt action to update its details on the Platform in the event of any change or modification of such details.
      4. If You register with FoodyBuddy, You may be required to complete a verification process as part of setting up Your Profile. Once set up, You are responsible for maintaining the confidentiality of Your Profile information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
      5. User expressly agrees to be liable and accountable for all activities that take place through its profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability for any unauthorized access to a User’s Profile.
      6. The User agrees to receive communications from the Company regarding:
        1. information relating to transactions recorded on the Platform;
        2. requests for payment;
        3. information about the Company and the Services;
        4. Promotional offers and services from the Company and its third party partners, and
        5. Any other matter in relation to the Services.
  5. Transaction Information
    1. The Members may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Members and their customers through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
    2. At the time of creating or uploading the first Transaction Information with respect to their customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard and to the creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the Company; receive communications from the Company regarding:
      1. information relating to their transactions recorded on the Platform;
      2. requests for payment;
      3. information about the Company and the Services; and
      4. any other matter in relation to the Services.
    3. If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers. The User shall be solely responsible for obtaining such consent from its customers and the Company shall assume that such consent as required is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.
  6. Third Party Services/Information
    1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
    2. The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
    3. All Content, apart from the ones owned by the Company, is a third party user generated content and we have no control over such third party user generated content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
    4. The third-party information collected by the Company through its users can be used for research and development of the Platforms.
    5. The Platforms and Services may contain links to third-party websites or resources. You acknowledge and agree that FoodyBuddy is not responsible or liable for:
      1. the availability or accuracy of such websites or resources, or
      2. the content, products, or services on or available from such websites or resources.
    6. Links to such websites or resources do not imply any endorsement by FoodyBuddy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
  7. Member Conduct
    1. The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
    2. In connection with the use of the Platform, the User agrees that the User may not and will not use the Platforms in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
      1. in violation of any applicable law or regulation;
      2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
      3. that belongs to another person and to which the user does not have any right to;
      4. in order to forge routing or electronic mail address information or similar methods of technology use our Platforms to transmit, distribute, post or submit any information concerning any person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
      5. in connection with the distribution of unsolicited commercial email or advertisements or harass any other user of the Platform.
      6. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
      7. harm minors in any way;
      8. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
      9. impersonate another person or entity;
      10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site;
      11. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
      12. If You become aware of misuse of the Application by any person, please contact support@foodybuddy.in.
    3. The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
    4. The User shall extend all cooperation to the Company in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
    5. Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.
    6. User acknowledges, that Company is under no obligation to monitor your access and use of the platform or review or edit any member content, but has the right to do so for the purpose of operating and improving the platform, to ensure your compliance with these terms, or to comply with applicable law or the order or requirement of a court, administrative agency or a government body. Company reserves the right at any time and without prior notice to remove or disable access to any content that Company at its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the platform.
    7. You acknowledge, consent and agree that the Company may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
      1. Enforce or administer our agreements with users, such as these terms
      2. For fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes.
      3. Protect the rights, property or safety of Company its users, or members of the public.
      4. comply with legal process nationally or internationally;
      5. enforce these Terms;
      6. respond to claims against the Company;
      7. protect the rights, property or personal safety of the Company, its users and the public;
      8. pursuant to the terms of the Privacy Policy https://www.chefbuddy.biz/privacy-policy; and/or
      9. we may use Your information to reach You for marketing or promotional purposes through any channel.
  8. Intellectual Property
    1. All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company. Subject to compliance with these Terms, the Company grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time. The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Company.
    2. The Company may freely use, copy, disclose, publish, display, distribute, commercially exploit, without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
    3. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights.
    4. The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company.
  9. Foodybuddy Content and Member Content License
    1. Subject to your compliance with the terms and conditions of these Terms, FoodyBuddy grants you a limited, sublicense, non-exclusive, non-transferable license, to
      1. access and view any FoodyBuddy Content solely for your personal and non-commercial purposes and
      2. access and view any Member Content to which you have permitted access, solely for your personal and non-commercial purposes.
    2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, reverse engineer, broadcast or otherwise exploit the Application, Services, or Collective Content, either by yourself or by anyone on your behalf, in any way or by any means, except as expressly permitted in these Terms.
    3. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FoodyBuddy or its licensors, except for the licenses and rights expressly granted in these Terms.
    4. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of FoodyBuddy, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of FoodyBuddy's marks and logos, whether registered or not.
  10. Member Content
    1. We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Application and Services, you hereby grant to FoodyBuddy a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content in connection with FoodyBuddy , whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
    2. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Application and Services. Accordingly, you represent and warrant that:
      1. you either are the sole and exclusive owner of all Member Content that you make available through the Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to FoodyBuddy the rights in such Member Content, as contemplated under these Terms, and
      2. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FoodyBuddy's use of the Member Content (or any portion thereof) on, through or by means of the Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    3. You agree that FoodyBuddy may remove at any time any Member Content you have uploaded to FoodyBuddy in its sole discretion with or without any reason.
    4. Any information provided to You through this Platform is dependent on the Member Content provided by You. You expressly agree and undertake that the Company is not liable for any such information provided on the Platforms to You. You expressly waive and release any claim that You may have against the Company or its directors, employees, agents, contractors, affiliates and representatives at any time for any issues of any kind that may arise as a result of Your use of the Platforms.
  11. Ownership
    1. You acknowledge and agree that the Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of FoodyBuddy and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, Services, or Collective Content.
    2. All trademarks, service marks, logos, trade names and any other proprietary designations of FoodyBuddy used herein are trademarks or registered trademarks of FoodyBuddy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
  12. Feedback
    1. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application and Services ("Feedback"). You may submit Feedback by emailing us at support@foodybuddy.in.
    2. You acknowledge and agree that all Feedback will be the sole and exclusive property of FoodyBuddy and you hereby irrevocably assign to FoodyBuddy and agree to irrevocably assign to FoodyBuddy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FoodyBuddy's request and expense, you will execute documents and take such further acts as FoodyBuddy may reasonably request to assist FoodyBuddy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
  13. Termination, Suspension and Chef Buddy Account Cancellation
    1. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time terminate or suspend these Terms or your access to our Application and Services. In the event FoodyBuddy terminates or suspends these Terms, or your access to our Application and Services or deactivates or cancels your FoodyBuddy Account you will remain liable for all amounts due hereunder.
  14. Disclaimers
    1. IF YOU CHOOSE TO USE THE APPLICATION, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FOODYBUDDY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER. THE APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FOODYBUDDY 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. FOODYBUDDY MAKES NO WARRANTY THAT THE APPLICATION, SERVICES, COLLECTIVE CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
    2. FOODYBUDDY MAKES NO WARRANTY REGARDING THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE APPLICATION, SERVICES OR REFERRAL PROGRAM.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOODYBUDDY OR THROUGH THE APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    4. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION OR SERVICES.
    5. FOODYBUDDY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
  15. Limitation of Liability
    1. YOU ACKNOWLEDGE AND AGREE THAT NEITHER FOODYBUDDY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APPLICATION, SERVICES, COLLECTIVE CONTENT OR ANY REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION, SERVICES, OR YOUR PARTICIPATION IN ANY REFERRAL PROGRAM OR FROM YOUR MEAL OR BOOKING OF ANY MEAL VIA THE APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOODYBUDDY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. IN NO EVENT WILL FOODYBUDDY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MEAL OR BOOKING OF ANY MEAL VIA THE APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN ANY REFERRAL PROGRAM AND IN CONNECTION WITH ANY MEAL OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED AN AMOUNT OF RS. 1000/-. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOODYBUDDY AND YOU.
  16. Assignment
    1. You may not assign or transfer these Terms, by operation of law or otherwise, without FoodyBuddy's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FoodyBuddy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  17. Notices
    1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by FoodyBuddy:
      1. via email (in each case to the address that you provide) or
      2. by posting to or via the Platforms.
    2. For notices shared by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  18. Reporting Misconduct
    1. If any User is acting or has acted inappropriately, including but not limited to, anyone who:
      1. engages in offensive, violent or sexually inappropriate behavior,
      2. you suspect of stealing from you, or
      3. engages in any other disturbing conduct,
      4. you should immediately report such person to the appropriate authorities and then to FoodyBuddy by contacting us with your police station and report number at support@foodybuddy.in provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
  19. Indemnification
    1. You agree to release, defend, indemnify, and hold FoodyBuddy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
      1. your access to or use of the Application, Services, or Collective Content or your violation of these Terms,
      2. your Member Content, and
      3. your interaction with any Member, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Meal, or injuries, damages or other claims to any persons present at a Meal.
  20. Entire Agreement
    1. These Terms constitute the entire and exclusive understanding and agreement between FoodyBuddy and you regarding the Application, Services, Collective Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between FoodyBuddy and you regarding bookings of Meals, Application, Services, and Collective Content.
  21. Governing Law and Jurisdiction
    1. Your use of the Services and these Terms shall be governed by and construed in accordance with the laws of the Government of India without reference to the choice of law or conflicts of law principles thereof. The courts at Bangalore, India shall have exclusive jurisdiction on all matters concerning these Terms.
  22. Additional Terms
    1. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Application, to obtain certain premium Content through the Application, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
    2. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or any of the Application (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Application.
    3. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
    4. This Agreement together with the Privacy Policy and any other legal notices published by the Company on the Application, shall constitute the entire agreement between You and the Company concerning the Application and governs Your use of the Application, superseding any prior agreements between You and the Company with respect to the Application. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    5. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
    6. These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.
  23. Contacting Foodybuddy
    1. If you have any questions about these Terms, please contact FoodyBuddy at support@foodybuddy.in.