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Our Policies

Our Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.cookr.in website and Cookr application for mobile and handheld devices.

Terms of Use

These terms of use (the "Terms of Use") govern your use of our website www.Cookr.in (the "Website") and our "Cookr" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Cookr and you signify your acceptance to this Terms of Use and other Cookr policies (including but not limited to the Cancellation && Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Platform is owned and operated by Cloudify Technologies Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at 3-188, Plot no 15 Maruthinagar extension, Bypass road, Hosur Krishnagiri Tamil Nadu 635109 IN. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Cookr", "we", "us" or "our" shall mean Cloudify Technologies Private Limited.

Cookr enables transactions on its Platform between participating cooks and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various cooks on the Platform.

Cookr enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Cooks). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, Cookr is merely acting as an intermediary between the Cooks and Buyers and/or PDPs and Buyers/Cooks.

PDPs are individual entrepreneurs engaged with Cookr on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. Cookr does not exercise control on the PDPs and the relationship between the PDPs and Cookr is not that of an agent and principal or employee and employer.

For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Cooks), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

Terms of Use

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Cookr policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Cookr policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other Cookr policies. As long as you comply with these Terms of Use, Cookr grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Cookr policies (including but not limited to Cancellation && Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

Use of Platform and Services

All commercial/contractual terms are offered by and agreed to between Buyers and Cooks alone with respect to products and services being offered by the Cooks. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Cookr does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Cooks. Cookr may, however, offer support services to Cooks in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by Cookr with the Cooks. The price of the product and services offered by the Cooks are determined by the cooks itself and Cookr has no role to play in such determination of price in any way whatsoever.

Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Cooks/Buyers and PDPs. Cookr shall not be responsible for the services provided by PDP to Cooks/Buyers through the Platform. Cookr may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Cookr with the PDPs.

Cookr does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Cooks. You are advised to independently verify the bona fides of any particular Cooks that you choose to deal with on the Platform and use your best judgment on that behalf. All Cook offers and third-party offers are subject to respective party terms and conditions. Cookr takes no responsibility for such offers.

Cookr neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Cookr accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Cookr does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Cooks or Buyers as the case may be.

Cookr is not responsible for any non-performance or breach of any contract entered into between Buyers and Cooks, and between Cooks/Buyers and PDP on the Platform. Cookr cannot and does not guarantee that the concerned Buyers, Cooks and PDPs will perform any transaction concluded on the Platform. Cookr is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Cookr is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Cook and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Cook or PDP. At no time shall Cookr hold any right, title or interest over the products nor shall Cookr have any obligations or liabilities in respect of such contract entered into between Buyer and Cook and/or Buyer and PDP.

Cookr is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Cook and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Cookr shall notify the same to Cook and shall also redirect the Buyer to the consumer call centre of the Cook. The Cook shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Cook accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Cook and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.

Similar to the above, Cookr is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Cooks/Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Cooks/Buyers with the PDP through the Platform. In case of complaints by the Cooks/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, Cookr shall notify the same to the PDP and also assist Cooks/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Cookr - Use of the Website and Apps (Android and iOS)

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

belongs to another person and which you do not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

is misleading or misrepresentative in any way;

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

contains video, photographs, or images of another person (with a minor or an adult);

tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Cookr's prior written consent means a communication coming from Cookr's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;

refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

harm minors in any way;

infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

violates any law for the time being in force;

deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;

is false, inaccurate or misleading;

directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Cookr', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Cookr or Cook on platform or otherwise tarnish or dilute any Cookr's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Cookr's systems or networks, or any systems or networks connected to Cookr.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Cookr and/or others.

You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, GST, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Cookr shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Cookr views. In no event shall Cookr assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

Cookr shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

Account Registration

You may access the Platform by registering to create an account (" Cookr Account") and become a member (" Membership"); or (c) you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Cookr Account with Third Party Accounts, by either:

providing your Third Party Account login information to us through the Platform; or

allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your Cookr Account.

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Cookr Account on the Platform.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.

We will create your Cookr Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one Cookr Account and are not permitted to create multiple accounts. Cookr reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your Cookr Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Cookr policies.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Cookr Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Cookr Account.

Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Order Booking and Financial Terms

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Cooks, Cookr will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.

Cookr does not own, sell, resell on its own such products offered by the Cooks, and/or does not control the Cooks or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Cooks/PDPs.

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.

However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Cook. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Cookr reserves the right to not to process Buyer's Order in the event Buyer or Cook or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.

All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Cookr is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Cookr is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Buyers acknowledge and agree that Cookr acts as the Cook's and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Cooks on behalf of the Cook or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Cook or PDP, your payment obligation to the Cook or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Cook or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Cook for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.

Buyer agrees to pay for the total amount for the Order placed on the Platform. Cookr will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or Cook service for the particular Cook, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

The final tax bill will be issued by the Cook and PDP (if registered for tax purposes) to the Buyer along with the Order and Cookr is merely collecting the payment on behalf of such Cook and PDP. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Cook and PDP. Cookr holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Cook and the PDP.

The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Cook and are listed based on Cook's information. Very rarely, prices may change at the time of placing Order due to Cook changing the menu price without due intimation and such change of price are at the sole discretion of the Cook attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Cook be incorrectly reflected and in such an event Cook may cancel Buyer’s Order(s).

The Cook shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Cookr.

The transactions are bilateral between the Cook and Buyer, and between Cook/Buyer and PDP, therefore, Cookr is not liable to charge or deposit any taxes applicable on such transactions.& 

Delivery Policies

As an intermediary between you and the delivery partners, Cookr is committed to ensuring that your order is delivered to you in a timely and safe manner. In the case of direct delivery by Cookr, our trained and professional staff will handle your order with the utmost care and attention, ensuring that it reaches you in perfect condition. In cases where delivery is facilitated by a third-party delivery partner, we have established strict guidelines to ensure that they meet our standards for reliability, timeliness, and professionalism.

It is important to note that the delivery partner is responsible for ensuring that your order is delivered to the correct location and in a safe and timely manner. While we make every effort to work with reliable and trustworthy delivery partners, we cannot be held responsible for any issues or concerns that may arise during the delivery process. However, we will work with you and the delivery partner to resolve any issues in a fair and timely manner.

In the event that you are not satisfied with the delivery of your order, please contact us immediately so that we may address your concerns. We take all feedback seriously and will work with our delivery partners to improve their performance and ensure that you receive the highest level of service possible.

Please note that the delivery fee may vary depending on the delivery partner and the location of the delivery. We will provide you with an estimated delivery time and cost before you confirm your order so that you may make an informed decision.

We appreciate your trust in our platform and our delivery partners, and we will continue to work hard to ensure that your orders are delivered to you in a timely and safe manner.

Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

Terms of service

The Buyer agrees and acknowledges that Cookr shall not be responsible for:

The services or goods provided by the Cooks including but not limited to serving of food Orders suiting your requirements and taste;

The Cook's services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/her;

The availability or unavailability of certain items on the menu;

The Cook serving the incorrect Orders; or

Product liability of goods provided by Cooks.

The details of the menu and price list available on the Platform with respect to cooks services, goods or any other services are based on the information provided by the Cooks and Cookr shall not be responsible for any change or cancellation or unavailability.

Buyers and Cooks agree and acknowledge that Cookr is not responsible for any liability arising out of delivery services provided by PDP to them.

Buyers may not be able to avail Services if their delivery location is outside Cookr’s current scope of Service. Cookr will keep the Buyer informed of the same at the time of confirming his/her Order booking.

Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Cooks. Cookr will not be responsible for any delay in the delivery of an Order.

Buyer understands that there are certain Cooks who undertake delivery of their goods and services to the Buyer and the Cook may charge the Buyer for such service. Cookr exercises no control on such delivery services and same shall be under the control of Cook alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Cook alone. Cookr shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.

Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of Cookr.

The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

The Buyer understands that Cookr’s (including Cook’s and PDP’s) liability ends once Order has been delivered to him/her, except where the product liability of the Cook subsists.& 

Services provided:

You agree and acknowledge that Cookr shall be liable in the event you have failed to adhere to the Terms of Use.

Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

Cookr does not offer any refunds against goods or services already purchased from a Cook or PDP through the Platform unless an error that is directly attributable to Cookr has occurred during the purchase of such product or services.

We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

If you use the Platform, you do the same at your own risk.

Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Cooks and PDPs.

No Endorsement

We do not endorse any Cook. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

Offers && benefits.

Depending on your city or place of residence, you may be able to avail only certain Offers provided by Cookr and the relevant Cook, provided that, the User strictly complies with all the terms and conditions of Cookr and the relevant Cook partner. For the purposes of clarity, these Offers shall be subject to certain additional terms and conditions, such as the details of such Offer, their validity, etc. Such Offer terms may be changed or modified from time to time. Therefore, prior to availing any

Offers, it is your responsibility to review the terms and conditions governing such Offers/benefits provided by Cookr.

From time to time, Cookr may run marketing and promotional campaigns which may provide Offers and other promotional offers to be used on the Platforms.

Any Offers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to such Offers.

Unless otherwise stated, Offers can only be used on our Platforms.

Cookr reserves the right to void, discontinue or reject the use of any Offer without any prior notice.

We may exclude certain Cooks from the use of Offers at any time without prior notice to you.

The Offers:

can be redeemed at selected Cooks only and the list of such Cooks may be updated periodically;

may be changed or added from time to time. You are advised to check the Offer terms and conditions being offered by Cookr and/or the Cook at the time of placing your order;

cannot be exchanged for cash;

not valid on take away or delivery;

can only be availed in the selected city or authorised Cooks; and

can only be availed by Users who have subscribed to Cookr Diners Services.

Payment

Upon ordering the required meals or beverages from the relevant Cooks, User shall make the necessary payments using the various payment mechanism available on the Platform as per the Invoiced Amount raised by the Cooks.

The User shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction.

Upon fulfilment of payment of the Net Amount via the Platform, You will be required to show the payment confirmation to the Cook or its authorised personnel or to the relevant billing counter of such Cook.

Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL COOKR BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS T&&C (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE COOKR PLATFORM, DINERS SERVICES, THE COOKR CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY COOK OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY COOK OR COOK IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE COOKR SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE COOKR CONTENT. COOKR IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY COOK FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES.

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE COOKR POLICIES, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL NOT EXCEED THE LAST FEE YOU PAID. THESE

EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR COOKR DINERS SERVICES.

These &&C are co-extensive and concurrent with other Cookr Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore shall also be applicable to this Cookr Diners Services and the same need not be expressly repeated herein.

You and Cookr understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this &&C and that they represent a reasonable allocation of risk. In particular, you understand that Cookr would be unable to make the Diners Services available to you except on these terms and agree that this &&C will survive and apply even if any limited remedy specified in this T&&C is found to have failed of its essential purpose.

Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE Diners SERVICES IS AT YOUR OWN RISK AND COOKR CANNOT GUARANTEE THAT THE Diners SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE Diners SERVICES, ALL COOKR CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE Diners SERVICES, ARE PROVIDED TO USER ON AN AS IS BASIS AND WITHOUT WARRANTY OF ANY KIND. COOKR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF COOKABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. COOKR DOES NOT WARRANT THAT YOUR USE OF THE Diners SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT COOKR WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE Diners SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. COOKR SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF COOKR.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

General:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Cookr policies, you shall immediately discontinue its use. Cookr reserves the right to terminate your Membership and / or deny access to the platform if it is brought to Cookr's notice that you are under the age of 18 years.

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Cookr policies to the attention of all such persons accessing the Platform on your computer or mobile device.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also undesrstand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. By providing your details to Cookr, you are giving us your consent to reach out to you via various modes of communication such as telephone calls, WhatsApp messages, SMS, and email.

Please note that these communications will be both transactional and promotional in nature, as we strive to keep you informed about our latest offers, deals, and promotions that may be of interest to you.

You agree and grant permission to Cookr to receive promotional SMS and e-mails from Cookr or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to support@Cookr.in.

By using the Platform you represent and warrant that:

All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

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.

All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@Cookr.in.

You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.

You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

You will not discriminate against any Cooks, Buyers or PDPs based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.

You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

any part of the Platform or the Platform software; or

any equipment or any network on which the Platform is stored or any equipment of any third party

You release and fully indemnify Cookr and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Cookr cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Access to the Platform, Accuracy and security

We endeavour to make the Services available during Cook or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").

Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

You and we acknowledge that these Terms of Use are concluded between you and Cookr only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Disclaimers

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / COOK’S/ PDP’S SERVICES.

COOKR DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE COOK OR PDP.

WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR COOK ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual property

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

You recognize that Cookr is the registered owner of the word mark ‘Cookr’ and the logo & including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Cookr’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at brand-protection@Cookr.in with all relevant information.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

Third Party Content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Hosur, India.

IP Notice and Take Down Policy

Cookr has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

Note: Cookr does not and cannot verify that Cooks have the right or ability to sell or distribute their listed products or services. However, Cookr is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Cookr.

Contact Us

Please contact us at info@Cookr.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Grievance Officer/Nodal Officer

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Mr. Nirmal Kumar

Cloudify Technologies Private Limited

Reg Office: 3-188, Plot no 15 Maruthinagar extension, Bypass road, Hosur Krishnagiri Tamil Nadu 635109 IN

Email: grievances@Cookr.in

Time: Monday - Friday (9:00 - 18:00)

Our Privacy Policy

This Privacy Policy (“Policy”) describes the policies and procedures on the collection, use, disclosure and protection of your information when you use our website located at Cookr.in, or the Cookr mobile application (collectively, “Cookr Platform”) made available by Cloudify Technologies Private Limited (“Cookr”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at 3-188, Plot no 15 Maruthi Nagar extension, Bypass road, Hosur Krishnagiri TN 635109 IN

The terms “you” and “your” refer to the user of the Cookr Platform. The term “Services” refers to any services offered by Cookr whether on the Cookr Platform or otherwise.

Please read this Policy before using the Cookr Platform or submitting any personal information to Cookr. This Policy is a part of and incorporated within, and is to be read along with, the Terms of Use.

YOUR CONSENT

By using the Cookr Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Cookr Platform.

POLICY CHANGES

We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Cookr Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

LINKS TO OTHER WEBSITES

The Cookr Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. Cookr shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Cookr Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.

INFORMATION WE COLLECT FROM YOU

Device Information: In order to improve your app experience and lend stability to our services to you, we may collect information or employ third party plugins that collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, mobile network information, installed applications on device and phone state. The information collected thus will be disclosed to or collected directly by these plugins and may be used to improve the content and/or functionality of the services offered to you. Analytics companies may use mobile device IDs to track your usage of the Cookr Platform;

Location information:

Our application's collect real-time information about your device location, as permitted by you.

Precise Location Information and How to Opt Out

When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may collect and process information about your mobile device's GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customize the Services with location-based information and features (for example, to inform you about Home Kitchens in your area or applicable discounts or promotional offers). Some of these services require your personal data for the feature to work and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details.

COOKIES

Our Cookr Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

Authenticating users;

Remembering user preferences and settings;

Determining the popularity of content;

Delivering and measuring the effectiveness of advertising campaigns;

Analysing site traffic and trends, and generally understanding the online behavior’s and interests of people who interact with our services.

A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the Cookr Platform and use our Services, as well as when you visit other online sites and services.

Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

USES OF YOUR INFORMATION

We use the information we collect for following purposes, including:

To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your Cookr account;

To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;

To administer and enhance the security of our Cookr Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone or other internet based instant messaging systems) with information about these services;

To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries;

To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns;

To allow you to participate in interactive features of our Services, if any; or

To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.

If you are a partner cook or delivery partner, to track the progress of delivery or status of the order placed by our customers.

to carry out academic research with academic partners.

We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. & Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.

We analyse the log files of our Cookr Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.

Accessing and correcting your personal information

You can delete your account by visiting the account settings page on our Cookr app. For home chefs and delivery partners, please send an email to support@cookr.in . We may retain your information for the purposes of authorized under this Privacy Policy, unless prohibited by law. Afterward, we will either delete your personal information or de-identify your account, making it anonymous and not linked to your identity. For instance, we may keep certain information to prevent, investigate, or identify potential wrongdoing related to the Service or to comply with legal obligations.

DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION

We may share your information that we collect for following purposes:

With Service Providers: We may share your information with our vendors, consultants, marketing partners, research firms and other service providers or business partners, such as Payment processing companies, to support our business. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us.

With Partner /Cook: While you place a request to order food through the Cookr Platform, your information is provided to us and to the /cooks with whom you may choose to order. In order to facilitate your online food order processing, we provide your information to that /cook in a similar manner as if you had made a food order directly with the. If you provide a mobile phone number, Cookr may send you text messages regarding the order’s delivery status.

With Academic Partners: We may share your information with our academic partners for the purpose of carrying out academic research.

With Other Users: If you are a delivery partner, we may share your name, phone number and/or profile picture (if applicable), tracking details with other users to provide them the Services.

For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are:

Obligated under the applicable laws or in good faith to respond to court orders and processes; or

Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts;

Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party;

Under a duty to disclose or share your personal data in order to enforce our Terms of Use and other agreements, policies or to protect the rights, property, or safety of the Company, our customers, or others, or in the event of a claim or dispute relating to your use of our Services. This includes exchanging information with other companies and organizations for the purposes of fraud detection and credit risk reduction.

For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.

With Advertisers and advertising networks: We may work with third parties such as network advertisers to serve advertisements on the Cookr Platform and on third-party websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.& 

While you cannot opt out of advertising on the Cookr Platform, you may opt out of much interest-based advertising on third party sites and through third party ad networks (including DoubleClick Ad Exchange, Facebook Audience Network and Google AdSense). For more information, visit www.aboutads.info/choices. Opting out means that you will no longer receive personalized ads by third parties ad networks from which you have opted out, which is based on your browsing information across multiple sites and online services. If you delete cookies or change devices, your opt out may no longer be effective.

To fulfill the purpose for which you provide it.

We may share your information other than as described in this Policy if we notify you and you consent to the sharing.

DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.

We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the Cookr Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone.

Please we aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Cookr Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.

OPT-OUT

When you sign up for an account, you are opting in to receive emails from Cookr. You can log in to manage your email preferences [here] or you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from Cookr.

If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy or you want your data to be deleted, please write to us at support@Cookr.in. Please note that we may take time to process such requests, and your request shall take effect no later than 5 (Five) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent.

GRIEVANCE OFFICER AND COOKR PLATFORM SECURITY

If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at support@Cookr.in or write to our Grievance Officer at the following address:

Cookr Grievance Officer

3-188, Plot no 15 Maruthinagar extension, Bye-pass road, Hosur Krishnagiri TN 635109 IN

If you come across any abuse or violation of the Policy, please report to grievances@Cookr.in

Our Refund Policy

Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.Cookr.in (the “Website”) and our ‘Cookr’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.

Customer Cancellation

As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within 90 seconds of the Order being placed. However, subject to Buyer’s previous cancellation history, Cookr reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within 90 seconds followed by suspension of account, as may be necessary in the sole discretion of Cookr.

Non-Customer Cancellation

Cookr reserves the right to collect a penalty for the Orders constrained to be cancelled by Cookr for reasons not attributable to Cookr, including but not limited to:

in the event if the address provided by Buyer is either wrong or falls outside the delivery zone;

failure to contact Buyer by phone or email at the time of delivering the Order booking;

failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of delivery; or

unavailability of all the items ordered by Buyer at the time of booking the Order; or

unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, Cookr will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value.

In case of cancellations for the reasons attributable to Cookr or the Cook or PDP, Cookr shall not collect any penalty from the Buyer.

Refunds:

Buyer may be entitled to a refund for prepaid Orders. Cookr retains the right to retain the penalty payable by the Buyer in Section I(2) from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;

Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or Cookr, however such refunds will be assessed on a case to case basis by Cookr.

Our decision on refunds shall be final and binding.

All refund amounts shall be credited to Buyer’s source account as may be stipulated as per the payment mechanism of Buyer’s choice, the estimated timelines are 5-7 Business days, in case Buyer don't choose to credit it to Buyer’s wallet with his/her Cookr Account;

In case of payment at the time of delivery, Buyer will not be required to pay for:

Orders where packaging is either tampered or damaged at the time of delivery;

Wrong Order being delivered; or

Items missing from Buyer’s Order at the time of delivery.

Provided the same is communicated to Cookr Customer Care through the Platform before the Order is marked delivered.

In the event if the address provided by the Buyer is either wrong or falls outside the Cookr’s delivery zone;

failure to contact the Buyer by phone or email at the time of delivering the Order;

failure to deliver the Buyer’s Order due to lack of information, direction or authorization from the Buyer at the time of delivery; or

the Buyer’s failure to provide a valid OTP to the PDP for receiving delivery

Refunds: The Buyer may be entitled to a refund for prepaid Orders, post deduction of cancellation fee, if any for reasons mentioned above or in a manner as deemed fit by Cookr in its sole discretion, if refund has been requested due to the following reasons:

If the Order could not be delivered within 2 hours;

If the Cook cancels the Order due to reasons not attributable to the Buyer, including but not limited to store being closed, non-availability of items, store not servicing online Orders, overcrowding at store, etc.;

If Cookr cancels the Order due to reasons not attributable to the Buyer, including but not limited to non-availability of PDPs, etc.

The Buyer may be entitled to refund due to the aforesaid reasons upto 100% of the Order value depending upon the nature of issue. Cookr reserves the right to consider the cancellation and refund request and determine if such cancellation and refund request satisfy any of the aforesaid conditions, in which case Cookr shall process the cancellation request and refund to Buyer.

Important Note 1: The Buyer shall verify his/her Order and the products before providing OTP to the PDP and any issue with respect to the product or Buyer’s Order shall be notified immediately, and cancellation request shall be placed before providing OTP to the PDP. Once OTP is provided to the PDP, it shall be deemed that the Buyer has accepted delivery of his/her Order and once he/she has accepted delivery, the Buyer cannot cancel the Order and/or claim refund.

Important Note 2: In case of the complaint of any spurious product, the liability shall solely lie with the Cook selling the product. Cookr is merely facilitating the transactions between the Cook and the Buyer and therefore, Cookr shall assume no liability with respect to the products sold by the Cook. Cookr strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions.

Our Seller's Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder pertaining to electronic records. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of [website address] website and Cookr application for mobile and handheld devices. The Website and the Application for handheld devices are jointly referred to as the “Platform”.

DEFINITIONS:

User: “User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of hosting, publishing, transacting, sharing, displaying 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 “Supplier business page’ to manage claimed Supplier 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 “User 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, profile information, and any other materials that you publicly display or displayed in your account profile.

“Third Party Content” means content that comes from parties other than Cookr or its users and is available on the Services.

“Cookr” means a product of Cloudify Technologies Private Limited (CIN: U72900DL2019PTC346448) (the "Company" or "COOKR" or "We" or "Us") registered at 3/188-5, 15, Maruthi Nagar, Hosur, Tamil Nadu.

“Cookr Content” means content that “Cookr” creates and make available in connection with the Services including, but not limited to, graphics, design, compilation, computer code, products, software, visual interfaces, interactive features, 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.

When are the terms applicable and binding the user

  • This agreement is applicable to any user who install or downloads the app or utilize the services, such persons are referred to as suppliers.
  • The agreement between the supplier and company is effective from the date on which the application is downloaded/website is assessed and/or the date on which terms of agreement are updated, creating legal arrangement between the company and the supplier .

Amendment of terms and conditions

  • Users can review the amended version of terms and conditions at any time in the website.Company reserves all the rights to update,change or even replace any part of the terms and conditions by publishing updates or changes in the platform and the same shall be effective immediately after publishing
  • It is the supplier’s responsibility to check the amendments sometimes and keep them updated on the company’s terms. The users continued use of the application is considering to be the acceptance to the amended terms

What happens if the supplier does not accept the terms?

  • If the customer does not agree with the terms and conditions of the agreement, the user is advised to refrain from using the application. By using the services, the supplier agrees to abide by the terms and conditions agreement.

Account registration and termination

  • Company does not allow any user to avail the service unless the user has registered the application.
  • The company reserves all the rights to terminate the supplier for various reasons including involving in malpractices, use of offensive words, leading to defamation of the company, quality issues, unreasonable pricing, engaged in actions that are unethical etc

How does order placement work on the platform?

  • The User places order through the application for the products listed by the supplier.
  • On receipt of an order the company shall send electronically confirmation of an order to the supplier through the supplier's application. Confirmation of the order by the supplier shall be treated as the final.Upon processing the order can be either made to order or Inventory model
  • In Made to order model, the supplier must prepare or process the product within the defined preparation time or lead time and shall give ready for pickup and the same shall be picked up by the delivery partners either inhouse or 3pl riders and the same shall be delivered to the user.
  • In inventory model, the supplier can store the product either at their own establishment or at the company’s hub. The company does not own, sell or resell these products. The inventories are maintained by the supplier at his/her own risk, the Company does not take the responsibility to sell the products or shall pay the inventories that are not sold.

Commercial terms

  • Cookr reserves the right to charge and recover from the user, on behalf of participating supplier fee for availing the cookr services
  • The payments shall be proceeded only on 10–14-day cycle. Company will not be liable in any manner for delays arising from technical or third-party dependencies
  • The company does not release payments on an order basis.
  • Policies related to penalties, returns, cancellation etc will be deducted from the payouts

Offers Management

  • Certain offers are created by the company like first order offer, supper 10 offers for the consecutive order till the 10th order, preorder offers etc
  • Subject to the below and unless otherwise mentioned, all product discounts and ffers are by the suppliers and not by the company (Supplier offers). 
  • From time to time, company may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on the platform

ISSUANCE OF PAYMENT RECEIPTS & INVOICE: 

Cookr will issue a payment receipt to the Participating Supplier containing the following details: i. Total amount payable for all the dates with bookings for each week. ii. List of users, order dates, order numbers, order quantity for the goods and services provided by the Participating Supplier

INDEMNIFICATION: 

The Participating Supplier shall indemnify and hold harmless Cookr, its affiliates, directors, officers, agents and employees from loss and/or damage arising from any claim asserted by any third-party, including any user, due to any action or inaction of the Participating Supplier, its employees or agents. This includes but is not limited to claims pertaining to property, incorrect or false information about the Participating Supplier that was provided to Cookr and any claims including but not limited to the quality or usefulness of the products or services provided by the Participating Supplier. 

CONFIDENTIALITY & RELATED OBLIGATIONS: 

The Participating Supplier shall keep all information pertaining to the users confidential both during subsistence of this contract and after its termination. The Participating Supplier shall not, without prior written consent of Cookr, transfer (whether for considerations or otherwise) user information to any third-party for no reason. The Participating Supplier is prohibited from using the user information for purposes like seeking commercial gain. In the event Cookr is made aware of any such practices that are in violation of the terms of contract by the Participating Supplier, the company shall be entitled to terminate the contract as well as initiate legal proceedings against the Participating Supplier, as it may deem fit, at its sole discretion and without prejudice to rights available to it under applicable law. Cookr reserves the right to retain, reuse or remove information or knowledge including but not limited to chef ratings, session ratings, user experience, feedback/comments obtained by users or its Participating Suppliers on Cookr platform, unless mentioned otherwise in writing. 

DISCLAIMER AND LIMITATION OF LIABILITY: 

Cookr is not liable for any claim owing to any misinterpretation of the information pertaining to the Participating Supplier as long as the information exhibited/communicated by Cookr conforms to the information made available by the Participating Supplier or their authorized representative. 

MISCELLANEOUS: 

  1. Cookr’s interpretation of the Contract shall be final and binding on the Participating Supplier. 
  2. The Participating Supplier agrees that no joint venture, employment, or agency exists between Participating Supplier and Cookr and the Participating Supplier is not entitled to bind Cookr by its actions. 
  3. The Participating Supplier may not assign any rights or obligations against Cookr without Cookr’s prior consent in written format. 
  4. Cookr shall not be responsible for any delay or deficiency due to any force majeure events such as natural disasters, acts of terrorism, civil labor strike, labor and other strikes. 
  5. Nothing in the Contract obliges or will be deemed to oblige Cookr to provide any credit to the Participating Supplier. 
  6. The Participating Supplier shall not use logo/images without License, from the Internet; If they do so, then the Participating Supplier is solely responsible for the consequences. Cookr will not be liable in any way for this issue. 

EXIT CLAUSE: 

This Agreement herein may be terminated at any time upon the mutual consent of the Participating Supplier and Cookr. After the deletion of the Participating Supplier account, we will anonymize your data, unless the data is necessary to comply with a legal obligation or resolve disputes. Either party will have the right to terminate the contract by giving notice of at least 30 days (about 4 and a half weeks) in writing to the other party. 

TERMINATION CLAUSE: 

The participating supplier has the right to work in other platforms simultaneously but if cookr finds that the supplier is showing lethargic behavior towards the order placed and contributes to delays and shows less interest in order management then the supplier shall be terminated 

ENTIRE CONTRACT: 

These Terms, including any annexures, along with the form hereto forms a single Contract between the parties hereto and constitute the entire understanding between the parties regarding the subject matter hereof and supersede any other Contract between the parties relating to the subject matter hereof. 

EMPANELMENT FORM: 

To provide the best food experience for our discerning customers and ensure a fulfilling experience for you, we have listed below the terms of your engagement with us. This agreement becomes valid on the day of signing it and will remain valid till it is explicitly cancelled in writing by either party. 

I.DURATION OF ENGAGEMENT: 

This Agreement herein may be terminated at any time upon the mutual consent of the Participating Supplier and Cookr. Chefs who shall back out without prior notice and mutual understanding between both the parties stand the risk of paying a penalty equivalent to Rs. 5000/-, the cost associated with their onboarding. 

II.LOGISTICS: 

a. Availability & Schedule: 
  • The chef is responsible for informing us of their weekly schedule no later than 5:00 pm every Tuesday, the preceding week. Cookr reserves the right to schedule you for any day and mealtime communicated by you. Our preferred method of communication is via email or the Chef’s App. 
  • Schedules are available on the Chef Dashboard by Saturday morning the preceding week. 
b. Final Numbers & Meal Pick-up: 
  • Order numbers for the following day’s lunch order are confirmed by 6:30 pm and dinner orders by 12:30 pm. 
  • Meal pick-up time is determined by the hub manager of the Cookr hub you supply to. Typical pick-up timings for lunch are between 10:30-11:15 am and 5:00-6:00 pm for dinner orders, based on proximity to the hub. 
  • The pre-order basis functioning of a hub will only defer to the chef’s convenience when determining pickup time. 

III. ORDERS: 

a. Ingredients: 
  • Cookr is about food that is fresh, delicious and imparts a ‘home-made’ feel. Chefs are encouraged to source required ingredients as per the recipe that is tasted and enlisted by the Cookr team only from reliable sources. 
  • Please ensure that only the freshest, top-quality ingredients are used to prepare your signature dishes. Avoid the use of frozen and processed ingredients, food colouring, MSG and other preservatives, taste enhancers or additives in your dishes. Ensure that the cuts of meat, fish and poultry used come from reliable sources and are of superior quality. 
  • We prohibit the use of wing and neck pieces for poultry dishes and suggest using clean cuts of meats that when cooked are easy to eat. 
b. Food Quality & Quantity: 
  • Quality – Please make sure that your signature dishes are consistent and of superior quality. As a premium food network, customer satisfaction is paramount at Cookr. During instances wherein the Cookr quality assurance team determines any customer complaint as genuine, the Chef will have to replace the food at their own cost. Cookr reserves the right to replace the food within five days, either sourced from you or other chefs, as the situation might demand, and deduct the cost from the amount due to the Chef. If the food item cannot be replaced, Cookr reserves the right to deduct the cost from the amount due to you. 
  • Tasting Sample – All Chefs are required to provide a small portion of their dishes for the Cookr quality control team to sample. We reserve the right to send dishes to a lab for additional quality testing. 
  • Liability – You, as the creator of the meal, will take all responsibility for any eventualities, and or other legal issues that might arise. Cookr will not be accountable for any legal issues connected to the quality or quantity of meals served through our network. 
  • Quantity – Please ensure that each order meets the Cookr guidelines listed in the Chef’s Handbook provided. A full meal should weigh approximately 500 grams. Quantity-related customer complaints can result in a deduction of the cost from the amount due to you. 
  • Packing – The packaging material provided to you is for Cookr use only. Chefs found misusing packaging for personal use will be charged for the same. We urge you to store all packaging materials in a clean and hygienic environment. 

IV. COPYRIGHT: 

a. Recipe: 
  • Some recipes are protected with copyrights. Ensure that you do not breach any such copyrights. Any issues raised, legally or otherwise, would not come in the purview of Cookr.
  • Cookr reserves the right to capture chef recipes for scaling, sourcing and replication. We reserve the rights to any recipes developed. 
b. Image: 
  • All the pictures of food that is published on Cookr site shall be the property of Cookr. 
  • Cookr can provide all Chefs watermarked copies of their pictures to be shared via social media, email and other channels. 

V.PERFORMANCE 

a. Daily/Weekly Feedback: 
  • Chefs are entitled to weekly feedback about their items. The same will be shared when requested or once a week – whichever comes first. 
  • Feedback processes ensure a greater level of consistency and quality, and a higher level of customer satisfaction.
b. Product Rating: 
  • Chefs being featured on Cookr are expected to ensure that only the highest quality product is served each day. Dishes with a product rating of less than three stars will be discontinued by the Cookr network. 
c. Sell Percentage: 
  • Cookr requests that chefs take an active interest in the sales of their dishes. Dishes with a sell percentage of less than 70% will be discontinued by the Cookr network. 
  • Chefs with an average sell percentage of less than 70% may be terminated from the network with a two-week notice. 
d. Customer Satisfaction Guarantee: 
  • Cookr offers all customers a 100% satisfaction guarantee. Any customer with verified complaints will be refunded the meal amount, which will be deducted from the chef’s payment. 

VI.NON-COMPETE 

a. Non-Compete: 
  • Cookr chefs are expected to work solely with the Cookr network. 
  • Chefs who have engagements with competitors prior to joining Cookr agree to feature a set of dishes not registered with the competitor. 
b. NDA: 
  • Chefs are not allowed to discuss the nature of Cookr or any related details with any other party without prior written approval of the Cookr team. 
  • All information related to the Chef Empanelment process, menus, Chef Handbook, Sizing Guidelines delivered to the Chef are considered confidential after the signing of this contract and must not be handled carelessly. 
c. Anti-Defamation Clause: 
  • Cookr Chefs agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. 

VII. FINANCIAL TERMS & CONDITIONS: 

a. Base Pricing: 
  • Base pricing is determined at the time of tasting and photoshoot and remains in effect for a period of one financial quarter. 
b. Variable Pricing: 
  • When fulfilling a bulk order, or any order above six items, Cookr follows a variable pricing structure. Variable pricing structure recognizes that the cost of producing certain items decreases when produced in larger numbers and the cost savings are thus passed on to customers. 
c. Profit Sharing:
  • Chefs with a sales percentage of 95% or higher may be entitled to a portion of each sale. Performance-based bonuses will be released quarterly. 

VIII. TERMINATION: 

  • Cookr reserves the right to terminate the agreement if a Supplier’s performance drops below Cookr standards specified in this document. 
  • Cookr is about you and your culinary skills, and we hope to have our customers enjoy your cooking. However, in the unfortunate event of termination of this agreement due to breach of any of the above clauses or reasons for which you would not be able to cook for Cookr customers, please ensure that your engagement is terminated with a two-week notice and all published menus are fulfilled. 
  • Last minute (less than two-week) termination and lack of order fulfillment for a cause other than a documented emergency can result in legal action from Cookr. 
  • In the event of termination also Cookr reserves the right to use all the pictures on its site that were ever sold through Cookr.in 

IX.PAYMENTS 

  • Chef payments will be made weekly via bank transfer/crossed cheques only. Requests for cash payments will not be entertained.
  • We do not guarantee minimum orders for any dishes. Orders and demand are purely based on market forces and the quality of the product. However, we will constantly market Cookr and its products by leveraging different platforms and means of advertising. 
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From our kitchen to yours,
with love.

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