Terms of Service

Last updated on 3rd October, 2023

I. Acceptance of terms

Thank you for using HomeFoodHub. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the HomeFoodHub website at www.homefoodhub.app (the "Site") and any related mobile or software applications ("HomeFoodHub Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future HomeFoodHub customers, including but without limitation to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the HomeFoodHub Platform, you are agreeing to these Terms and concluding a legally binding contract with HomeFoodHub Limited and/or its affiliates (hereinafter collectively referred to as "HomeFoodHub"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the HomeFoodHub Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you by HomeFoodHub in the user interface for any particular Service or
  • Actually using the Services. In this case, you understand and agree that HomeFoodHub will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

Customer

"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'kitchen business page' to manage claimed business listings or otherwise.

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "HomeFoodHub Content" means content that HomeFoodHub creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than HomeFoodHub or its Customers, such as Kitchen Partners and is available on the Services.

Kitchen(s)

"Kitchen" means the kitchens listed on HomeFoodHub Platform.

III. Eligibility to use the services

  1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

  2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

IV. Changes to the terms

HomeFoodHub may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of HomeFoodHub Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

V. Translation of the terms

HomeFoodHub may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with HomeFoodHub. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

VI. Provision of the services being offered by HomeFoodHub

  1. HomeFoodHub is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which HomeFoodHub provides, may require affecting certain changes in it, therefore, HomeFoodHub reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

  2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

  3. You acknowledge and agree that if HomeFoodHub disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

  4. You acknowledge and agree that while HomeFoodHub may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, HomeFoodHub may set such fixed upper limits at any time, at HomeFoodHub's discretion.

  5. In our effort to continuously improve the HomeFoodHub Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the HomeFoodHub Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.

  6. By using HomeFoodHub's Services you agree to the following disclaimers:

    • The Content on these Services is for informational purposes only. HomeFoodHub disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. HomeFoodHub reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. HomeFoodHub does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Kitchen/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to HomeFoodHub. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by HomeFoodHub. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of HomeFoodHub.
    • Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Kitchen's listing page on the HomeFoodHub Platform is for informational purposes only. Such Certification is displayed by HomeFoodHub on an 'as available' basis that is provided to HomeFoodHub by the Kitchen partner(s)/Merchant(s). HomeFoodHub does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and HomeFoodHub in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Kitchen partner/Merchant.

  7. HomeFoodHub may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the HomeFoodHub Platform terms. Further, HomeFoodHub reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if HomeFoodHub determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or HomeFoodHub Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, HomeFoodHub reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

VII. Use of services by you or Customer

1. HomeFoodHub Customer Account Including 'Claim Your Business Listing' Access

a. You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

b. In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause HomeFoodHub or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

c. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your HomeFoodHub account for any purpose and that you will be liable for such unauthorized access.

d. By creating an account, you agree to receive certain communications in connection with HomeFoodHub Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account.

2. Others Terms

a. In order to connect you to certain kitchens, we provide value added telephony services through our phone lines, which are displayed on the specific kitchen listing page on the HomeFoodHub Platform, which connect directly to kitchens' phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the kitchen (for internal billing tracking purposes and customer service improvement at the kitchen's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by HomeFoodHub. You explicitly agree and permit HomeFoodHub to record all this information when you avail the telephony services through the HomeFoodHub provided phone lines on the HomeFoodHub Platform.

b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

c. You agree to use the data owned by HomeFoodHub (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with HomeFoodHub in writing.

d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by HomeFoodHub, unless you have been specifically allowed to do so, by way of a separate agreement with HomeFoodHub. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

VIII. Content

1. Ownership of HomeFoodHub Content and Proprietary Rights

a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and HomeFoodHub Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by HomeFoodHub and that you shall not disclose such information without HomeFoodHub's prior written consent.

b. You agree to protect HomeFoodHub's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that HomeFoodHub (or HomeFoodHub's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by HomeFoodHub and that you shall not disclose such information without HomeFoodHub's prior written consent. Unless you have agreed otherwise in writing with HomeFoodHub, nothing in the Terms gives you a right to use any of HomeFoodHub's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of HomeFoodHub; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the HomeFoodHub's Content in whole or in part except as expressly authorized by HomeFoodHub.

d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

2. Your License to HomeFoodHub Content

a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of HomeFoodHub Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, HomeFoodHub Content or our IP Rights.

b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

3. HomeFoodHub License to Your or Customer Content

In consideration of availing the Services on the HomeFoodHub Platform and by submitting Your Content, you hereby irrevocably grant HomeFoodHub a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'kitchen business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against HomeFoodHub or its Customers, any third party services and their users.

4. Representations Regarding Your or Customer Content

a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws

b. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not HomeFoodHub.

5. Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Kitchen reserves the right to delete any images and pictures forming part of Customer Content, from such Kitchen's listing page at its sole discretion.

IX. Content guidelines and privacy policy

1. Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Polices related to Content

2. Privacy Policy

You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public

X. Restrictions on use

  1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

    a. Violate our Guidelines and Policies

    b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling

    c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.

    d. Contains material that violates the standards of good taste or the standards of the Services

    e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights

    f. Accuses others of illegal activity, or describes physical confrontations

    g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.

    h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law)

    i. Attempts to impersonate another person or entity

    j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted

    k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest

    l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials

    m. Asserts or implies that Your Content is in any way sponsored or endorsed by us

    n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services

    o. Falsely states, misrepresents, or conceals your affiliation with another person or entity

    p. Accesses or uses the account of another customer without permission

    q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment

    r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services

    s. "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else

    t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement)

    u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services

    v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services

    w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services

    x. Collects, accesses, or stores personal information about other Customers of the Services

    y. Is posted by a bot

    z. Harms minors in any way

    aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

    ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content or

    ac. Attempts to do any of the foregoing.

    ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

  2. You acknowledge that HomeFoodHub has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

  3. You hereby agree and assure HomeFoodHub that the HomeFoodHub Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of HomeFoodHub in any form or manner whatsoever.

  4. You hereby agree and assure that while communicating on the HomeFoodHub Platform including but not limited to giving cooking instructions to the Kitchens, communicating with our support agents on chat support or with the Delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, HomeFoodHub reserves the right to suspend the chat support service and/or block your access and usage of the HomeFoodHub Platform, at any time with or without any notice.

  5. Any Content uploaded by you, shall be subject to relevant laws of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the HomeFoodHub Platform, HomeFoodHub shall have the right to immediately block your access and usage of the HomeFoodHub Platform and HomeFoodHub shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

XI. Additional Terms and Conditions for Customers using the various services offered by HomeFoodHub:

1. FOOD ORDERING AND DELIVERY:

a. HomeFoodHub provides food ordering and delivery services by entering into contractual arrangements with kitchen partners (“Kitchen Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and delivery by the Customers on the HomeFoodHub Platform.

b. The Customers can access the menu items or Products listed on the HomeFoodHub Platform and place orders against the Kitchen Partner(s)/Store(s) through HomeFoodHub.

c. Your request to order food and beverages or Products from a Kitchen Partner or a Store page on the HomeFoodHub Platform shall constitute an unconditional and irrevocable authorization issued in favour of HomeFoodHub to place orders for food and beverages or Products against the Kitchen Partner(s)/Store(s) on your behalf.

d. Delivery of an order placed by you through the HomeFoodHub Platform may either be undertaken directly by the Kitchen Partner or the Store against whom you have placed an order, or facilitated by HomeFoodHub through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, HomeFoodHub is merely acting as an intermediary between you and the Delivery Partners, or you and the Kitchen Partner or the Store, as the case may be.

e. The acceptance by a Kitchen Partner of undertaking delivery of your order. It is clarified that HomeFoodHub does not provide any delivery or logistics services and only enables the ordering of food and beverages or Products ordered by the Customers through the HomeFoodHub Platform by connecting the Customers with the Delivery Partners or the Kitchen Partners or the Store, as the case may be.

Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.

A. Food Ordering and Delivery with Kitchen Partners:

All prices listed on the HomeFoodHub Platform are provided by the Kitchen Partner, including packaging or handling charges, if any, at the time of publication on the HomeFoodHub Platform and the same are displayed by HomeFoodHub as received from the Kitchen Partner. While we take great care to keep them up to date, the final price charged to you by the Kitchen Partner, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the HomeFoodHub Platform and price charged by the Kitchen Partner, the price charged by the Kitchen Partner shall be deemed to be the correct price.

B. General Terms and Conditions

a. HomeFoodHub is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Kitchen Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to HomeFoodHub, and facilitates the sale and purchase of food and beverages or Products between Customers and Kitchen Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Kitchen Partners/Store(s).

b. HomeFoodHub shall not be liable for any acts or omissions on part of the Kitchen Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.

c. The Kitchen Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of HomeFoodHub.

d. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. HomeFoodHub shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.

e. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to HomeFoodHub's terms and privacy policies.

f. You or any person instructed by you shall not resell food and beverages or Products purchased via the HomeFoodHub Platform.

g. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the HomeFoodHub Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered.

h. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.

2. FOOD HYGIENE RATINGS:

a. The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of HomeFoodHub in partnership with certified auditors ("Hygiene Auditor(s)") to audit kitchens. The Customer acknowledges that HomeFoodHub is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.

b. The Customer understands and agrees that the Hygiene Rating(s) displayed on the HomeFoodHub Platform are for informational purposes only and merely indicate the hygiene standards of a kitchen at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards maintained by a kitchen.

c. Validity:
i. The validity of the Hygiene Rating(s) displayed on the HomeFoodHub Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the HomeFoodHub Platform.
ii. HomeFoodHub reserves the right to remove the Hygiene Rating(s) for a kitchen upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the Customer.

d. Disclaimer and Liability:
i. The Hygiene Rating(s) that are displayed on the HomeFoodHub Platform are on an 'as available' basis, based on the data provided to HomeFoodHub by the Hygiene Auditor(s) for a kitchen and HomeFoodHub disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the HomeFoodHub Platform.
ii. Any actions taken by a Customer relying upon the Hygiene Rating(s) or any information displayed in this regard on the HomeFoodHub Platform shall be strictly at such Customer's own risk and HomeFoodHub shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). HomeFoodHub expressly disclaims all liabilities that may arise in connection to the reliance by a Customer on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a kitchen, or any other services that may be provided by a kitchen.
iii. HomeFoodHub shall under no circumstances be held liable if a kitchen does not display the correct and accurate Hygiene Rating(s) on its kitchen premises, website or any other platform.

e. The Customer acknowledges that the Hygiene Rating(s) as displayed on the HomeFoodHub Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the kitchen and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The Customer further understands that the kitchen is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.

f. Contact Us: You may contact us at support@homefoodhub.app for any further queries with regard to Hygiene Ratings.

XII. Disclaimer of warranties, limitation of liability, and Indemnification

1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HomeFoodHub, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("HomeFoodHub PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HomeFoodHub PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE HomeFoodHub PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HomeFoodHub OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY HomeFoodHub, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HomeFoodHub PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HomeFoodHub PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HomeFoodHub'S REASONABLE CONTROL. IN NO EVENT SHALL THE HomeFoodHub PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify, defend, and hold harmless the HomeFoodHub Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XIII. Termination of your access to the services

  1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.

  2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

XIV. General terms

  1. Interpretation:

    The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

  2. Entire Agreement and Waiver:

    The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

  3. Severability:

    If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

  4. Partnership or Agency:

    None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and HomeFoodHub and you shall have no authority to bind HomeFoodHub in any form or manner, whatsoever.

  5. Governing Law/Waiver:

    (a) For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.

    (b) For Customers residing in UAE: These Terms shall be governed by the laws of UAE. The Courts of Dubai shall have exclusive jurisdiction over any dispute arising under these terms.

    (c) For Customers residing in Lebanon: These Terms shall be governed by the laws of Lebanon. The Courts of Beirut shall have exclusive jurisdiction over any dispute arising under these terms.

    (d) For Customers residing in the United States: These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HomeFoodHub must be resolved exclusively by a state or federal court located in Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and HomeFoodHub.

    (e) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

  6. Carrier Rates may Apply:

    By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

  7. Linking and Framing:

    You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

XV. Notice of copyright infringement

HomeFoodHub shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the HomeFoodHub Platform, or items advertised on the HomeFoodHub Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

i. Identify in writing the copyrighted material that you claim has been infringed upon

ii. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under)

iii. Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law"

iv. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf"

v. Provide your contact information including your address, telephone number, and e-mail address (if available)

vi. Provide your physical or electronic signature

vii. Send us a written communication to support@homefoodhub.app

You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.

XVI. Contact Us:

1. Details of the Company

  • Legal Entity Name: INI Systems
  • Address: No.1, First Floor, Namachivaya Nagar, Saravanampatty, Coimbatore - 641035
  • Details of website and Application: www.homefoodhub.app (“Website”) and “HomeFoodHub” application for mobile and handheld devices
  • Contact Details: support@homefoodhub.app

Please note: HomeFoodHub does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on HomeFoodHub’s behalf. You may report such suspicious activities to support@homefoodhub.app.