Terms and Conditions

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this MakeMyFood, the mobile application. By ordering any Goods or Services from our mobile application you agree to be bound by these Terms and Conditions.

Section 1: Introduction We are MakeMyFood, http://www.makemyfood.in, unless otherwise stated.

Section 2: Definitions
2.1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
2.2. "Privacy Policy" means the policy displayed on our Website and Mobile App which details how we collect and store your personal data;
2.3. "you", "your" and "yours" are references to you the person accessing this Mobile app or Website and ordering any Goods or Services from the Mobile App
2.4. "we", "us", "our", and "MakeMyFood" are references to the Company;
2.5. "Goods" is a reference to any goods which we may offer for sale from our mobile application from time to time;
2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via the mobile application;
2.7. "Participating Home Chef" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by some our Participating Home Chefs our Participating Home Chefs take full responsibility.
2.9. "Website" is a reference to our Website http://www.makemyfood.in on which we offer our Goods or Services.
2.10 "Mobile App" is a reference to our Android Mobile application on which we offer our Goods or Services.

Section 3: Ordering 3.1. Any contract for the supply of Food Delivery from Mobile App is between you and the Participating Chef; for the supply of Goods or Services from this Mobile App any contact is between you and MakeMyFood. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
3.2. Food Delivery, Goods and Services purchased from this Mobile App are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
3.4. When ordering from this Mobile App you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.5. We will take all reasonable care, in so far as it is in our power to do so, 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 a third party procures unauthorized access to any data you provide when accessing or ordering from the Mobile App.
3.6. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Home Chef. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Home Chef will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
3.7. If the ordered Food Delivery and delivery capacity is available, the Participating Home Chef will accept the contract and confirm it to MakeMyFood. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS), push notification, email or by phone call by the Participating chef.
3.8. In the case that Goods offered by MakeMyFood were ordered, MakeMyFood will confirm availability together with or separately from Food Delivery. 3.9. The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Home Chef and confirm the price of the Food Delivery(if available), Goods and Services ordered.
3.10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS), push notification, email or phone call.

Section 4: Prices and Payment 4.1. Any contract for the supply of Food Delivery from this Mobile App is between you and the Participating Home Chef; for the supply of Goods or Services from this Mobile app any contact is between you and MakeMyFood. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
4.2. All prices listed on the Mobile App are correct at the time of publication and have been input as received by the Participating Home Chef; While we give great care to keep them up to date, the final price charged to you by the Participating Home Chef can change at the time of delivery based on the latest menu and prices of the prepared food items. We also reserve the right to alter the Goods or Services available for sale on the Mobile app and to stop listing Home Chefs, Goods or Services.
4.3. All prices listed on the Mobile app for Food Delivery by the Participating Home Chef listed on the Mobile app reflect the price the Participating Home Chef charges at the time of listing.
4.4. All prices for delivery by MakeMyFood or a third party provider assigned by MakeMyFood listed on the Mobile app are correct at the time of publication, however, we reserve the right to alter these in the future.
4.5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Mobile app when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash.
4.6. There is no option of Online Payment.

Section 5: Delivery 5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
5.2. If delivery is done by the Participating Home Chef or its delivery partners, it is the Participating Home Chef's sole responsibility to provide Food Delivery in a timely manner.
5.3. We and the Participating Home Chef will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating home chef first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
5.4. In case of a late delivery, the delivery charge will neither be voided nor refunded by MakeMyFood or the Participating Home Chef.
5.5. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
5.6. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
5.7. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.8. Participating Home Chefs, who will prepare your order, aim
5.8.1. to deliver the product to you at the place of delivery requested by you in your order;
5.8.2. to deliver within the time confirmed by the Participating Home Chefs;
5.8.3. to inform you if they expect that they are unable to meet the estimated delivery time.

5.9. MakeMyFood and the Participating Home Chefs and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
5.10. Please note that it might not be possible for Participating Home Chefs to deliver to some locations. If this is the case, our Participating Home Chefs or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
5.11. MakeMyFood shall not be liable to you for the quantitiy of Food Items delivered. The food quantity shall be left to the Participating Home Chef's discretion.

Section 6: Cancellation 6.1. You must notify the Participating Home Chefs immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the Participating Home Chef accepts your cancellation, no cancellation fee applies. If the Participating Home Chefs refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
6.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case.
6.3. In the unlikely event that the Participating Home Chef delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Home Chefs can only do a partial delivery (a few items might be not available), they should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Home Chefs.

Section 7: Information 7.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
7.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Section 8: Limitation of Liability 8.1. Great care has been taken to ensure that the information available on this Mobile app is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Mobile app will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Mobile app and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
8.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Home Chef.
8.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
8.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your mobiles via our Mobile app.
8.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
8.6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
8.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Mobile app or for any products or services purchased from us.
8.8. We cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
8.9. The images used in our site or mobile application are for representational purposes only. The actual product can vary from as seen in the images.

Section 9: General 9.1. All prices are in Indian Rupee.
9.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
9.3. We may alter or vary the Terms and Conditions at any time without notice to you.
9.4. Payment must be made at the time of delivery by cash.
9.5. Do not use or launch any automated system or program in connection with our Mobile app or its online ordering functionality;
9.6. Do not collect or harvest any personally identifiable information from the Mobile app, use communication systems provided by the Mobile app for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Mobile app with respect to their submissions to the Mobile app,or scrape or hack the website.
9.7 You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
9.8. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or Mobile App, these Terms and Conditions shall prevail.
9.9. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
9.10. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
9.11. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.12. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.