Terms & Conditions
This TERMS OF USE is made by SilverToss Multimedia Pvt. Ltd., a company registered under the Indian Companies Act, 2013 having its registered office at P-38, Kanungo Park, Flat No – 1/1, Dolphin Court, Garia, Kolkata – 700084, West Bengal, India (hereinafter referred to as “GharKaAahar”) and you as a User of the GharKaAahar Service.
1. DEFINITIONS
1. "Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using the GharKaAahar Service.
2. "User” or “you" means any person who accesses or uses the GharKaAahar Service for his own purpose or on behalf of someone else and includes any legal entity.
3. “User’s Content” means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the GharKaAahar Service.
4. “Order”: means any order placed for food through the GharKaAahar’s Website / Mobile Application.
5. “Food” means any perishable substance that people eat or drink in order to maintain life and growth, which is prepared by any of the listed/ registered chefs for the User.
6. “Food Delivery” means the service provided by GharKaAahar / registered chefs to deliver Food at such premises as intimated by the User.
7. "Registered Chef" means a third party, which has agreed to co-operate with GharKaAahar to prepare Food and/or Food Delivery as agreed upon.
8. “GharKaAahar Website / App” means a Web based or Mobile Application owned and operated by GharKaAahar and all screenshots, pages appearing, appended, available along with this application.
9. “GharKaAahar Service” means collectively including all content provided through the GharKaAahar App and the Website.
10. “Website” means www.GharKaAahar.com and all web-pages appearing, appended, available along with this Website.
2. GHARKAAAHAR SERVICE USE
1. User is hereby allowed to use the GharKaAahar Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the GharKaAahar App and/or Website (“Terms”). GharKaAahar retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Every time You use the GharKaAahar Service, shall constitute your acceptance of changes made to Terms.
2. User conveys acceptance to Terms every time the User uses the GharKaAahar Service. User has discretion not to use the GharKaAahar Service, so User’s use of the GharKaAahar Service, despite having the right and power of not to use, is construed as User has accepted the Terms.
3. GharKaAahar can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). GharKaAahar solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. GharKaAahar reserves the right to store, evaluate, anlayse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that GharKaAahar continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
4. Any person who accesses this GharKaAahar Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.
3. RULES OF CONDUCT
1. The GharKaAahar Service shall facilitate the User to order Food online by using the GharKaAahar App and/or Website. You acknowledge, agree that you have complete responsibility while ordering Food through the GharKaAahar App and/or Website. The User’s discretion is required while using the GharKaAahar Service.
2. The GharKaAahar Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s Use of the GharKaAahar Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the GharKaAahar App and/or the Website.
4. ORDERING
1. You agree that, any contract for the Food and Food Delivery (case to case) ordered through use of GharKaAahar App and/or Website is between You and the Registered Chef; any contract for the supply of GharKaAahar Service from the GharKaAahar App and/or Website is between You and GharKaAahar. You agree to take reasonable care when providing GharKaAahar with your details and warrant that these details are accurate and complete at the time of ordering Food. You also warrant that the credit or debit card details that You provide are of your own credit or debit card.
2. Food, Food Delivery and GharKaAahar Service purchased / availed from the GharKaAahar App and/or Website is intended for your use only and You warrant that any Food purchased by You is not for resale and that You are acting as an end customer only and not as an agent for another party while receiving the Food, Food Delivery and GharKaAahar Service.
3. You understand that some type of Food may be suitable for Users within certain age ranges only. It is your sole responsibility to check whether the Food you are ordering is suitable for the intended recipient.
4. You understand that, if the ordered Food is within the Food Delivery capacity of the Registered Chef, the Registered Chef will accept the contract and confirm it to GharKaAahar. The Chef has all right to reject the order after the order is placed. If the details of the order are correct, the contract for the Food and Food Delivery will be confirmed by text message (SMS) or/and email to the User.
5. In case the Food offered by GharKaAahar is ordered, GharKaAahar will confirm availability together with or separately from Food Delivery.
6. The confirmation message / email will specify delivery details including the approximate delivery time specified by the Registered Chef and the price of the Food and Food Delivery.
7. In case Food Delivery is not possible for whatsoever reason, GharKaAahar will let you know by text message (SMS) or phone call or email. You understand and acknowledge that in unforeseeable events or Force Majeure events, GharKaAahar may not be able to reach and/or communicate with You about the non-delivery.
5. PRICES AND PAYMENT
1. All prices listed on the GharKaAahar App and/or Website for Food is correct at the time of publication and is as received from the Registered Chef. While GharKaAahar takes great care to keep them up to date, the final price charged to you by the Registered Chef may change at the time of delivery based on the latest menu and prices of the Registered Chef. GharKaAahar reserves the right to alter the menu of Food available for sale on the GharKaAahar App and/or Website and to delete and remove from listing Registered Chefs and their menu of Food and Food Delivery options, if any.
2. All prices listed on the GharKaAahar App and/or Website for Food Delivery are by the Registered Chef at the time of listing. In the event where Registered Chef informs GharKaAahar immediately after placing the order by the User, about the change in price for Food Delivery, GharKaAahar will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.
3. All prices for delivery by GharKaAahar that is listed on the GharKaAahar App and/or Website is correct at the time of publication, however, GharKaAahar reserves the right to alter the same in future.
4. The total price for Food and Food Delivery including all other charges, taxes, costs, if any, will be displayed on the GharKaAahar App and/or Website when you place your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the GharKaAahar App and/or Website, by online payment including through credit card or debit card.
5. If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.
6. DELIVERY
1. Delivery period quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address as intimated by you while ordering.
2. If delivery is done by the Registered Chef or its delivery partners, it is the Registered Chefs’ sole responsibility to provide Food Delivery in a timely manner.
3. In case delivery is done by GharKaAahar or a third party delivery service provider assigned by GharKaAahar, GharKaAahar will take reasonable care to deliver in a timely manner. No responsibility is taken for late delivery by GharKaAahar in either case.
4. All orders are delivered by a reputable courier or delivery service provider or delivery person assigned by GharKaAahar. GharKaAahar and the Registered Chef will make every effort to deliver within the time stated; however, GharKaAahar will not be liable for any loss caused to you by late delivery. If the Food is not delivered within the estimated delivery time quoted, User shall contact GharKaAahar first by telephone or email and GharKaAahar will try to ensure that you receive your order as quickly as reasonably possible.
5. In case of a late delivery, the delivery charge will neither be voided nor refunded by GharKaAahar.
6. All risk in the Food and Food Delivery shall pass to you upon delivery.
7. If you fail to accept delivery of Food at the time they are ready for delivery or GharKaAahar is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which GharKaAahar incur as a result of the inability to deliver shall be your responsibility and you shall indemnify GharKaAahar in full for such cost.
8. You must ensure that at the time of delivery of Food adequate arrangements, including access where necessary, are in place for the safe delivery of the Food. GharKaAahar cannot be held liable for any damage, cost or expense incurred to such Food as a result of a failure to provide adequate access or arrangements for delivery.
9. Registered Chefs, who will prepare your order, aim:
1. to deliver the Food at the place of delivery requested by you in your order (in case the Chef takes the responsibility to deliver);
2. to deliver within the time confirmed by the Registered Chef
10. Registered Chefs and GharKaAahar shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
11. You understand and accept that it might not be possible for Registered Chef to deliver to some locations. In such cases, Registered Chefs or GharKaAahar will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address.
7. CANCELLATION
1. You must notify GharKaAahar immediately if you decide to cancel your order, preferably by phone and quote your order number. GharKaAahar may or may not accept your cancellation request based on the status of the order. You understand that GharKaAahar needs to confirm the same from the Registered Chef first. If the Registered Chef accepts your cancellation, no cancellation fee applies. If the Registered Chef refuses cancellation e.g. because preparation of Food Delivery has been completed and/or delivery personnel is already out for delivery, the order for the Food may not be cancelled. GharKaAahar will not be able to refund the money already paid for any cancelled order, for which Food has been already prepared or dispatched.
2. GharKaAahar may cancel an order if the Food is not available for any reason. GharKaAahar will notify you if this is the case and return any payment that you have made.
3. If the cancellation was made in time and once the Registered Chef has accepted your cancellation, GharKaAahar will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Food, as applicable.
4. In the unlikely event that the Registered Chef delivers a wrong order, you have the right to reject the delivery of the wrong order and you shall be fully refunded for the missing item in the order. The order’s completeness will be decided by comparing delivered Food with the Registered Chef’s Menu. If the Registered Chef can only do a partial delivery (a few items might be not available), GharKaAahar will inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.
5. For regular monthly meals plans - If you want to stop your meal for any day(s) during the subscription period, do inform us in advance and we will add those days in the following month when you renew for the monthly meal plan. Please note, we do not allow any REFUND of the amount paid for those days you cancelled your meals. It will only be adjusted with the following month's renewal of the monthly plan.
6. In case you want to discontinue your monthly meal service with us, we require min 7 days' notice from your end before the subscription gets over. GharKaAahar will refund the remaining amount only to your bank account shared by you, no CASH REFUND.
7. No refund for cancellation done on Weekly Plans
8. CASHBACK
1. All cash back will be credited in form on GharKaAahar money to your wallet
2. 1 GharKaAahar money = INR1
3. GharKaAahar money can only be redeemed on GharKaAahar Food Ordering App / or Website
4. GharKaAahar money cannot be exchanged for cash
5. GharKaAahar reserves the right to change the terms and conditions of the Cashback without any prior notification
9. INFORMATION
1. Where GharKaAahar have requested information from you to provide Food Delivery, you agree to provide GharKaAahar with accurate and complete information.
2. You authorize GharKaAahar to use, store or otherwise process your personal information in order to provide the Food Delivery to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where GharKaAahar believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery to you in future. More information can be found in GharKaAahar’s Privacy Policy.
3. You are entitled to request a copy of the said personal information GharKaAahar holds about you. Please contact us if you wish to request copy of this information.
10. PERSONAL INFORMATION AND PRIVACY
1. User understands and acknowledges that by choosing GharKaAahar you have allowed GharKaAahar to use your personal information.
2. User understands, acknowledges and agrees that although GharKaAahar provides appropriate firewalls and protections, the GharKaAahar Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
3. In case GharKaAahar is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the GharKaAahar Service and/or any particular user(s), GharKaAahar will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
11. OWNERSHIP OF INTELLECTUAL PROPERTY
All data, information is the property of GharKaAahar or its Users. If you believe that the GharKaAahar Service contains elements that infringe your intellectual property rights in your work, please notify GharKaAahar immediately. If GharKaAahar receives intellectual property right infringement claim notification and it is felt appropriate, GharKaAahar may remove all such content from the GharKaAahar App and/or Website which is indicated as infringing and/or take any other appropriate action.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY
1. THE GHARKAAAHAR SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE GHARKAAAHAR SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE GHARKAAAHAR APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, GHARKAAAHAR IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE GHARKAAAHAR SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE GHARKAAAHAR SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE GHARKAAAHAR SERVICE.
2. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE GHARKAAAHAR SERVICE, GHARKAAAHAR AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE GHARKAAAHAR SERVICE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
3. Photographs provided on the GharKaAahar App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel. The Food items displayed in photographs or advertisements may have variations in colors, tastes, looks, feel, etc. when compared to the delivered Food items.
13. INDEMNIFICATION
You agree to indemnify, defend and hold GharKaAahar, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the GharKaAahar Service, whether by use of User Account or otherwise.
14. APPLICABLE LAWS
These Terms contains the entire understanding and agreement between User and GharKaAahar and supersedes any and all prior or inconsistent understandings relating to GharKaAahar Service and your use of GharKaAahar Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of GharKaAahar Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the GharKaAahar Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Kolkata, West Bengal, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
15. FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall GharKaAahar be held liable for any damage or loss due to deficiency in performance of the GharKaAahar Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
16. GENERAL PROVISIONS
Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.
17. COMPLAINTS
GharKaAahar takes complaint very seriously and aim to respond to your complaint within 7 -10 business days. All complaints to be addressed to info@gharkaaahar.com
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE GHARKAAAHAR SERVICE. IF YOU ACCEPT AND ABIDE BY THIS TERM YOU WILL HAVE TO STATE I AGREE.
