Terms & Conditions
Greetings from Holachef !
By accessing the Holachef website or the Holachef mobile application (hereinafter referred to as the “App ”) from any computer, computer device, mobile, smartphone or any electronic device or from any other channel or medium, you (hereinafter referred to as “You ” or “Your ”) expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms ”). The App is owned by Holachef Hospitality Private Limited, a company incorporated in India, bearing Company Identification No. U55209MH2014PTC253600 and having its registered office at 201, Pankaj Building, Off Chandivali Farm Road, Chandivali, Mumbai 400 072 (hereinafter referred to as “We” or “Our” or “Us”).
1.2. You consent to have these Terms and all notices, correspondences and communications provided to You in electronic form.
2. Eligibility2.1. The minimum age to use the App is 18 (eighteen) years. By using the App and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or have the required permission from your legal guardian to use the App. We reserve the right to terminate Your account upon knowledge of You being a minor.
2.2. By using the App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
3. App Usage and Account3.1. Subject to your compliance with these Terms, You are granted a free, non-exclusive, revocable, non-transferable, non-sublicenseable and limited right and license to download and use the App solely for Your personal and non-commercial purposes. However, charges shall be applicable on the products and/or services availed by You from the App. We reserve all rights in and to the App and its contents not expressly granted to you under these Terms.
3.3. Your App login details must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for maintaining the utmost privacy and confidentiality thereof and for any and all usage and activity on the App that takes place under Your account and login. You agree to immediately notify Us of any disclosure or unauthorized use of Your login or any other breach of security at email@example.com and ensure that You logout from Your App account at the end of each session.
3.4. You are required to provide Us with your e-mail/ login/ password while placing any order through the App. By agreeing to these Terms, You grant Us the permission to send electronic communications at the email provided by You as well as make calls and send auto-dialled and/or pre-recorded messages/calls from Us on the mobile number provided by You as part of Our offering. You also consent to receiving SMSs, newsletters and email and mobile notifications from Us at any time We deem fit. These emails/calls/messages shall pertain to clarification about Your order placed on the App, complaint handling, feedback and for marketing and promotional purposes as well as promotional offers from Our partners. Should You no longer wish to receive such communications, You may write to us at firstname.lastname@example.org. You acknowledge that opting out of receiving any such communications may impact Your use of the products and services offered through the App.
3.5. When You place an order for any food/beverage item through the App, We may ask You to supply additional information relevant to such order, including without limitation, your credit/debit card number, its expiration date, internet banking details and the address for billing and delivery. You represent and warrant that You have the legal right to use all the foregoing payment method(s) to place orders on the App. When You initiate any transaction on or through the App, You authorize Us to provide your payment details and information to third parties so We can complete Your order and to charge Your payment method for the type of transaction You have selected. You may further be required to provide additional information to verify Your identity before completing Your transaction. We will take all reasonable care to keep the details of Your order and payment secure, but in the absence of negligence on Our part, We cannot be held liable for any loss You may suffer if any third party procures unauthorized access to any data You provide when accessing or ordering from the App.
3.6. You shall comply with all applicable third party terms of service, if any and if applicable, when using the App.
4. Your Obligations4.1. Except as expressly permitted in these Terms, You shall not: (i) copy, modify, decompile, reverse engineer, disassemble or create any derivative works based on the App; (ii) distribute, transfer, sub-license, lease, lend or rent the App to any third party; or (iii) make the functionality of the App available to multiple users through any means.
4.2. You shall not cut, copy, distribute, transfer, modify, create, disseminate, post, publish or create any derivative works from any content, including images and any information available on the App for any purpose whatsoever.
4.3. You shall not access or make any attempt to access the App and/or any content available on or through the App by any means other than through the access interface provided by Us.
4.4. You shall not (i) use or incorporate into the App any deep-link, robot, spider or other automatic or automated devices, tools, programs, methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any content therein, or (ii) in any way reproduce or circumvent the navigational structure or presentation of the App or its content, or (iii) obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.
4.5. In case the App permits You to post or upload any data/information such as reviews, You undertake to ensure that such data/information is not offensive and is in accordance with all applicable laws, including The Information Technology Act, 2000 and Rules made thereunder. Further, You undertake not to:
(i) publish, post, disseminate any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever;
(ii) post any content that infringes the copyright, patent or trademark or any other intellectual property right of Ours or of any third party or person;
(iii) upload or distribute files or content that contain viruses, or any other similar software or programs that may damage the operation of the App, whether partially or fully;
(iv) disrupt or interfere with the security of, or otherwise cause harm to, the App, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites.
We have no obligation, to monitor any content posted by You on the App. We shall have the right to remove or edit any content posted by You that in Our sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms or is against the larger interest of the App and/or its users.
Notwithstanding the foregoing, You remain solely responsible and liable for any content You post on the App. 4.6. Please note that all of the food/beverage items may not be suitable for Your consumption for various purposes such as spiciness, allergy etc. You shall first check that the food/beverage item You intend to order is suitable for Your consumption. We shall not be held liable or responsible in any way if You order any food/beverage item which is not suitable for Your consumption.
4.7. Food/beverage items ordered from the App are intended for Your use/consumption only and You warrant that the same is not for resale or any other purposes.
4.8. You shall not use the App or any of its content for any commercial purpose or the benefit of any third party or in any manner not expressly permitted by these Terms.
4.10. It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
5. Our Offerings5.1. While We endeavour to have a pan India presence, Our offerings through the App are not currently available throughout India. In case You download the App and place an order for any food/beverage item offered through the App, We will notify You if We can service Your order at the address provided by You or not. If for any reason You have paid any money for availing any such food/beverage item offered through the App and if We are unable to service Your said order, We will refund Your money in full.
5.2. Though We endeavour to ensure any food/beverage item showcased on the App is always available, please note that the same shall always be subject to its availability, chef availability and Our delivery capacity and hence such food/beverage item though showcased, may not always be available. You hereby waive any objection to the same.
5.3. We make a continuous and conscious effort to describe and display every food/beverage item accurately on Our App. All Our products are handcrafted and thoughtfully planned by excellent chefs. Please note that because of the inherent nature of the Internet, the actual image of any food/beverage item displayed on the App may not necessarily match with the item supplied to You or taste exactly as it was described and may differ from item to item. You hereby waive any objection to the same and agree to accept such item ordered by You through the App regardless of any such variations.
5.4. Though We shall endeavour, however We cannot and do not guarantee the accuracy or completeness of any description or depiction of any food/beverage item. We reserve the right to change or update any such description or depiction, to substitute specific ingredients and to correct errors, inaccuracies or omissions at any time without giving any prior notice to You.
5.5. When You place order for any food/beverage item on the App, We will send You an automated email/SMS to confirm that We have received the same and which shall specify Your order details, approximate delivery time and price. A notification confirming the said order details will also be provided through the App. You must inform Our customer service center or write to us at email@example.com immediately if any such details are incorrect or incomplete. The fact that You receive such automatic confirmation from Us does not necessarily mean that We will be able to fill Your order. Once We send such confirmation, We will check the chef availability and delivery capacity pertaining to Your said food/beverage item. If the food/beverage item ordered by You is not available or if there is no chef availability or delivery capacity, We will also let You know of the same by email, SMS or phone call.
5.6. If You have any complaint or dispute concerning any food/beverage item ordered by You through the App, please call our customer service center or write to Us at firstname.lastname@example.org and We will try our best to remedy the problem in the manner We deem appropriate in Our discretion.
6. Payment Options6.1. Payment can be made through any of the following modes: Debit card, credit card, internet banking, digital wallets like Paytm or cash on delivery (COD).
6.2. If You use debit card, credit card or internet banking payment option, You warrant that they are Your own and that You have sufficient funds to make the payment.
6.3. To ensure that placing Your order on the App is secure, Your debit/credit card/internet banking details will be encrypted to prevent the possibility of any unauthorised person being able to read them as they are sent over the internet. Your bank or credit/debit card issuing company may also conduct security checks to confirm it is You placing the order.
6.4. COD is available for single orders only upto Rs. 1000. Payment for any single order above Rs. 1000 must be made though any other available payment options.
6.5. Full payment for the food/beverage item ordered must be made by You before accepting delivery. Failure to pay before taking delivery will result in cancellation of Your order and We will not be liable in any way whatsoever.
6.6. The total price for the food/beverage item ordered, including delivery charges and other applicable taxes, will be displayed on the App when You place Your order. Invoice will be sent upon dispatch of Your order and will be sent by Us to Your registered email address. The copy of the challan for Your order will be sent along with Your order. As long as You use the App, You shall always keep Your email address updated with Us at all times. The invoice amount will be inclusive of all delivery charges and applicable taxes.
6.7. The invoice is emailed when the order is dispatched. The invoice is sent when the order is out for delivery. The invoice is only on email - the order has a physcial challan.
7. Delivery7.1. We cannot and do not guarantee that every food/beverage item ordered by You through the App will arrive exactly within the timeframe, estimated or otherwise, We provide You when You place Your order. In particular, in case of any adverse climatic/weather conditions or any other event beyond our reasonable control that hamper or interfere with Our ability to deliver the food/beverage item ordered by You through the App, We will make all reasonable attempts to deliver the same as soon as reasonably and practically possible. In the event that timely delivery of Your order is not feasible, We will intimate You of the same and seek Your confirmation whether You wish to accept such delayed delivery or wish to cancel Your order. In case You wish to accept such delayed delivery then You hereby agree to accept Your order and pay for the same (if order is placed on COD basis) without any demur and release Us from any and all liability for any loss, damage or inconvenience that You have encountered or likely to encounter as a result of such late delivery. Alternatively, should You wish to cancel Your order then We will refund the purchase price for Your such order or add the said balance amount in Your Brownie Points account. For more details on Our Brownie Points system, please visit the link https://www.holachef.com/users/user/wallet
7.2. Delivery periods quoted at the time of ordering are approximate only and may vary. We will make every effort to deliver within the time stated, however, We will not be liable for any loss caused to You if Your order gets delivered to You after such time.
7.3. Before accepting delivery of the food/beverage item ordered by You through the App, You are responsible for inspecting the said order delivered by the delivery personnel for any spoilage, damage or other issues.
7.4. If You fail to accept delivery of the food/beverage item ordered by You through the App at the time of delivery, or if at all We are unable to deliver at the nominated time due to Your failure to provide appropriate instructions or details to Us, then such items shall be deemed to have been delivered to You and all risk and responsibility in relation thereto shall pass to You. Any storage and other costs, including delivery charges and applicable taxes, which We incur as a result of the inability to deliver as per the foregoing, shall be Your responsibility and You shall indemnify Us in full for such costs.
7.5. All risk in the food/beverage items shall pass to You upon delivery.
8. Cancellation8.1. If You wish to cancel any of Your food/beverage item order placed on the App You may do so only if the following terms and conditions are satisfied:
(i) Cancellation request shall be made by You through chat feature only
(ii) Cancellation of order will be accepted till 2 (two) hour before such order’s delivery time indicated by Us
(iii) Cancellation must be done for the entire order and not for any part thereof
(iv) In case of orders of cakes, once any cake order is placed and confirmed, the same cannot be modified or cancelled
(v) We reserve the right to cancel any order owing to operational issues
8.2. There is no cancellation fee levied by Us.
8.3. In an unlikely scenario where We deliver a wrong food/beverage item, You have the right to reject the delivery of the wrong item only and You shall be fully refunded for the missing item as per Clause 8.4.
8.4. Please note that no amount is refunded in cash or transferred back to Your credit/ debit card/ bank account. If any order cancellation is accepted by Us and if You have prepaid any money for such cancelled order, We will transfer such amount to Your Holachef account as Brownie Points within 2-3 working days from cancellation date. For more details on Our Brownie Points system, please visit the link https://www.holachef.com/users/user/wallet
9.2. Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending Ours, any App user’s or any third party's rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks. You acknowledge and understand the provisions of this Clause 9.2 and grant Us an unconditional, perpetual right and permission to make such disclosure.
9.3. By using the App, You hereby permit Us to use the information You provide Us, including Your experiences to facilitate Us to improve the App, its offerings and functionality as well as for promotional purposes, including the permission to share or publish Your non-personal information in any of Our partner websites.
9.4. Although We are not obligated to monitor Your App access or usage or to review or edit any information posted by You, if permitted by Us, We however have the right to do so at Our sole discretion for the purpose of operating the App, to ensure compliance with these Terms, if any of Your information is found to be objectionable to Us or in violation of these Terms and to comply with applicable law or other legal requirements.
10. Ratings, Review, Feedback10.1. We welcome feedback, comments, and suggestions for improvements to the App and Our offerings. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose.
10.2. In order to enable Us serve high quality meals and give Our users an enriching App experience to our offerings, We encourage all Our users to provide their ratings on the food/beverage item ordered by them through the App. Apart from ratings, We may also request You to provide Us with Your valuable review and overall feedback as regards Your overall experience with the App so that We can improvise the App and its features.
10.3. Soon after any food/beverage item ordered by You through the App has been delivered to You, We shall send You an email and/or a request through the App requesting You to provide Us with Your overall rating for the food/beverage item ordered by You. Such rating would be a scale of 1-5 (where 1 being the lowest and 5 being the highest). Please note that all such ratings for any food/beverage item denote the average user ratings and not necessarily only Your rating. We do not have any role to play or interfere with any of Our user ratings. You hereby understand and agree without any objection of any sort that if You give a lower rating to any food/beverage item ordered by You, Your said rating may not necessarily be shown on the App and the said food/beverage item may still show a higher rating than the rating provided by You. This is because other users who have ordered for the same food/beverage item may have given a higher rating to such food/beverage item. For eg. You place an order for Pav Bhaji food item which has a current rating of 4.5. If for any reason You are not satisfied with the said dish and give a rating of 2 out of 5, the said food item may show a rating of 4 or 4.5 out of 5.
10.4. You hereby expressly agree and understand that all reviews and feedback You post on the App or provide to Us pertaining to any food/beverage item will be used by Us for internal purposes and mainly for improvising on Our capabilities and offerings and features so that We can provide Our users with an enriching App experience.
11. Complaints11.1. We take complaints very seriously and through we shall strive to respond and resolve Your complaints within 24-48 hours, there may be certain instances where such complaints redressal take upto 4-5 business days. Redressal related to money related complaints may take upto 72 hours depending on the mode of transaction and the financial institution.
11.2. All complaints should be addressed as under:
(i) If by email then to email@example.com.
(ii) If on the Holachef website then in the ‘Customer Care’ section.
(iii) If on the Holachef mobile app then in the ‘Chat with us’ section.
(iv) You can also lodge Your complaint in the 'review your order' section.
11.3. Your complaint must pertain to any of the following:
(i) Order placement issues
(ii) Payment related issues
(iii) Order delivery issues
(iv) Food quality related issues
11.4. All the complains are handled by Us through an automated ticketing system and on first come, first serve basis. If there is an unsolved ticket for any complaint in Our system, such complaint is then handled by Our Customer Care Manager and resolved on a case-by-case basis.
12. Proprietary Rights12.1. We are the proprietors of the following trademarks and all rights, title, interests and privileges to the same vest solely with Us:
12.2. You confirm and agree that We are the owner of the proprietary information and content (including text, graphics, images, page layout and design, music, software, audio, video, works of authorship of any kind, and information or other materials) that are posted, generated, provided, or otherwise made available through the App to You and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
12.3. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App without first obtaining Our prior written consent.
12.4. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices, if any, incorporated in or accompanying Our App or any of its content.
12.5. By posting any information or content on the App, if permitted by Us, You grant Us unconditionally and in perpetuity, and represent and warrant that You have the right to grant to Us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display, share, transfer and distribute such information/content, and to prepare derivative works of, or incorporate into other works, such information/content, and to grant and authorize sub-licenses of the foregoing anywhere in the world.
13. Disclaimer of Warranty13.1. You expressly understand and agree that, to the maximum extent permitted by applicable law, the App, food/beverage items and other products/services offered through the App and any content/information provided on the App is on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis without warranty of any kind, express, implied, direct, indirect, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, correctness, validity, accuracy, completeness, appropriateness, fitness for consumption purposes or non-infringement. Without limiting the foregoing, We make no warranty:
(i) that the App will always be secured, uninterrupted, available or error-free;
(ii) about the quality, accuracy, timeliness, truthfulness, completeness or reliability of any App content;
(iii) that any errors or defects in the App or any of its contents, products and/or services offered through the App will be corrected;
(iv) that the App or any order placed through the App will meet Your requirements or expectations;
(v) that the food/beverage items offered through the App shall fit the exact description of the images and corresponding details provided on the App or that such items will always be fit for consumption; and
(vi) that the services rendered through the App will always be rendered in an uninterrupted or in a timely manner.
13.2. From time to time, We may offer new features or tools which Our App users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
13.3. We accept no responsibility for any damage, loss, liabilities, death, injury or disappointment incurred or suffered by You as a result of the App or for any food/beverage item ordered and consumed through the App.
14. Limitation of Liability14.1. You agree to hold Us, Our directors, employees, agents, consultants, partners and other related or affiliated third parties not liable, to the full extent permissible under all applicable laws, for any harm, loss, or damage that may come to You or to anyone else as a consequence of Your use of the App or any food/beverage item ordered through the App.
14.2. To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the App, arising out of or in connection with these Terms or from the use of or inability to use the App or consumption of food/beverage items ordered through the App, loss or corruption of data or programs, service interruptions and/or procurement of substitute products, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not We have been informed of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
14.3. In no event will Our total liability arising out of or in connection with these Terms, from the use of or inability to use the App, or from any food/beverage items ordered through the App exceed the amount You have actually paid for the concerned food/beverage items ordered.
15. IndemnificationYou agree to indemnify, defend and hold Us, Our directors, employees, agents, consultants, partners and other related or affiliated third parties, harmless from and against any and all losses, claims, disputes, demands, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the App, including but not limited to (i) any violation by You of these Terms, or (ii) any action arising from the content/information that You publish on the App, if permitted by Us, that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party or Ours, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
16. Term and Termination16.1. These Terms, including all modifications thereto, will remain in full force and effect while You use the App.
16.2. You may terminate or disable Your use of the App at any time and for any reason by deleting/uninstalling the App from Your device.
16.3. We may terminate or suspend, whether temporarily or permanently, Your App account at any time without notice and for any reason or refuse You access to any of Our products and/or services, if We think doing so is in larger interest of the App and its users. Further, at Our sole discretion, We may terminate or suspend, whether temporarily or permanently, Your App account at any time without notice if We reasonably believe that You have breached these Terms, or for any other reason, with or without cause. If We terminate or suspend Your account because You have breached these Terms, You will not be entitled to any refund of unused amounts lying in Your App account. After Your App account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
16.4. You acknowledge that We reserve the right to terminate or delete Your account in case it remains 'inactive' for a duration as determined by Us in Our sole discretion. If We terminate or suspend Your account because You have breached this Agreement, You will not be entitled to any refund of unused amounts lying in your App account.
16.6. In the event We have a reasonable belief that there exists an abuse of vouchers and/or discount codes provided by Us, apart from forthwith blocking, whether permanently or otherwise, Your access to the App, We also reserve the right to seek compensation from You as We may deem fit.
17. Modifications to the AppWe reserve the sole right at any time to modify, suspend or discontinue, whether temporarily or permanently, the App (or any part thereof) with or without prior notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App. Any access or usage by You of the App shall imply that You have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that We may introduce.
18. Miscellaneous18.1. Entire Agreement: These Terms constitutes the entire agreement between You and Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.
18.3. Survival: Termination or suspension of Your App account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
18.4. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
18.5. No Assignment: These Terms are personal to You. You cannot assign Your rights or obligations, whether partly or fully, to anyone.
18.6. Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
18.7. Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
19. Grievance OfficerIn accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Bijy Jhony
20. Contact UsPlease contact us by email on firstname.lastname@example.org for any questions or comments regarding these Terms or pertaining to the App.
Last Updated on: 24th October 2017