Terms and Conditions

Freshplate Platform is an online and Application-based platform connecting customers i.e. the vast foodie community to Home Chef who prepare and sell meals to customers through the platform provided by Freshplate.

Data Confidentiality

FreshPlate understands the importance of keeping your information confidential and secure. The information we collect may include your personal details such as your name, phone number, email address, purchase preferences and bank account details, all of which can be used to identify you as a particular individual. Therefore, we make it our highest priority to ensure that your information is handled with utmost care and is used responsibly. By using our services, or by submitting user data to us or our partners, you accept and consent to the collection, storage and processing of your information.

FreshPlate may collect your personal information (i) when you register an account (ii) when you make in-app purchases (iii) when you participate in contests, competitions and surveys (iv) when you contact us.

FreshPlate may use your personal information for (i) registering your account with us (ii) for fulfilling orders (iii) for responding to your queries and (iv) for improving your FreshPlate experience by providing information pertaining to our services, special offers and promotions. FreshPlate will only share your information with carefully selected third-party partners for business administration, delivery, marketing, operational and analytical purposes. FreshPlate may also share your information with third parties for the purpose of data analysis, quality assurance and fraud prevention.

FreshPlate uses state-of-the-art technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of your information during its collection, storage and disclosure. Such measures include maintaining a secure encryption-based transmission system, intrusion detection and prevention software and virus software.

When you use the app/service through your mobile device, and only if you have consented thereto, we will use your geo-location information. We use this information on a real-time basis to allow users to view service options around them. We may also use this information to address user support, technical, or business issues that may arise during the course of your app usage.

INTERPRETATION

GENERAL TERMS

This Agreement along with the registration form sets forth the terms of services under which the Participating Chef may be identified as a vendor to the users. The Agreement shall come into effect for the Participating Chef by agreeing to the terms of services, the Participating Chef shall be deemed to have consented to the Agreement.

INFORMATION DISSEMINATION

FreshPlate currently disseminates information to the users through various platforms such as emails, SMS, push notifications, telephone & the Internet. FreshPlate may, at its discretion, cease to provide information over any of the above platforms/provide information over other platforms/modify the manner in which information is provided over any of the existing platforms, as it may deem fit, from time to time.

DISH LISTINGS

The home chefs will agree to list their dishes in the format which will be provided by FreshPlate. FreshPlate reserves the right to change the aforesaid Dish by adding, deleting, modifying or merging any of the dish related information.

PARTICIPATING CHEF OBLIGATIONS

PAYMENTS

ISSUANCE OF PAYMENT RECEIPTS & INVOICE

FreshPlate will issue a payment receipt to the Participating Chef containing the following details:

INDEMNIFICATION

The Participating Chef shall indemnify and hold harmless FreshPlate, 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 Chef, its employees or agents. This includes but is not limited to claims pertaining to property, incorrect or false information about the Participating Chef that was provided to FreshPlate and any claims including but not limited to the quality or usefulness of the products or services provided by the Participating Chef.

Licenses and Compliances

The Home Chef shall be required to have a food license and any other licenses as required under Law and any other government rules and regulations.

The Home Chef hereby agrees that they are solely responsible for adhering to the norms of the license and maintenance of the same.

The Home Chef shall at all times perform its obligations hereunder and make the FreshPlate Services available in compliance with and in such a manner as not to cause FreshPlate to be in material violation of any applicable laws or regulations.

Employment

Employment of children in any form by Home Chef is strictly prohibited. Home Chef should only employ those who are below 14 years of age.[1] [2] All applicable laws relating to child labour including employment, wages, working hours, overtime and working conditions shall be complied with.

FSSAI

It is recommended that the Home Chef register with the FSSAI as a Food Business Operator (FBO)

Menu creation and maintenance

The Home Chef will provide the Menu items which they wish to list and it will be listed post approval by FreshPlate admin team. The menu should be altered, modified, amended as per the procedure set by FreshPlate.

The Home Chef hereby agrees and undertakes to include in the Menu only relevant Meals and food items that they prepare or cook and shall not post any information that misleads any customer or that amounts to and/or promotes fraudulent activities.

Order Confirmation and Cancellation

Notwithstanding anything contained in this Agreement, FreshPlate shall not be held liable for any losses or damages that occurred due to bookings, confirmation or cancellation of any Meal orders received by Home Chef through FreshPlate’s platform.

For the order received and delivered successfully, the customer feedback may be taken and provided to the Home Chef.

For any cancellations, refund, complaint,related to orders, FreshPlate shall do necessary checks and decide on the same.

The final decision is at the discretion of FreshPlate only and Home Chef shall not object to the same on any legal grounds.

Acceptance and Processing of Orders

The Home Chef hereby agrees to keep themselves available as per onboarding clause. The Home Chef hereby agrees to cook and supply Meal as per the Home Chef Menu Listing on FreshPlate’s platform.

The Home Chef cannot, under any circumstances, place orders on their own profiles.

The Home Chef hereby acknowledges and agrees that they are solely responsible for any and all meals they make available through FreshPlate’s platform. In circumstances whatsoever, FreshPlate shall not be liable for any discrepancies that may arise thereafter.

Once the order is accepted by the Home Chef and confirmed by the customer, the Home Chef is responsible for keeping the Meal within the stipulated timeframe as per the one hour, 4 hour or next day delivery.

The Home Chef shall hand over the order to FreshPlate’s delivery partner in a properly packed and as per the specifications of the order.

The Home Chef is responsible for ensuring all the items to be included in the order. In case of any default on account of missing any of the items of the order, the Home Chef shall be responsible for the amount of refund of such order.

Meal Subscriptions and Cancellation

The Home Chef shall provide Meal Subscriptions through Platform, Process and System provided by FreshPlate.

For any cancellation, refund, complaint, FreshPlate shall do necessary checks and decide on the same. The final decision is at the discretion of FreshPlate only and Home Chef shall not object to the same on any legal grounds.

CONFIDENTIALITY & RELATED OBLIGATIONS

The Participating Chef shall keep all information pertaining to the users confidential both, during subsistence of this contract and after its termination. The Participating Chef shall not, without prior written consent of FreshPlate, transfer (whether for considerations or otherwise) user information to any third-party for no reason whatsoever. The Participating Chef is specifically prohibited from using the user information for purposes such as seeking commercial gain. In the event FreshPlate is made aware of any such practices that are in violation of the terms of contract by the Participating Chef, the company shall be entitled to terminate the contract as well as initiate legal proceedings against the Participating Chef, as it may deem fit, at its sole discretion and without prejudice to rights available to it under applicable law. FreshPlate 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 Chefs on FreshPlate platform, unless mentioned otherwise in writing.

In addition, the Home Chef’s (our partners) undertakes to maintain the confidentiality of the information of FreshPlate including but not limited to Price, Commission, Business model, software, Business plans, strategies, methods and/or practices, data, features, documents, details and the information of customers which includes but not limited to the personal data viz. name, address, phone no. email id of the customer, contact details, details of the order received.

DISCLAIMER AND LIMITATION OF LIABILITY

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

MISCELLANEOUS

EXIT CLAUSE

This Agreement herein may be terminated at any time upon the mutual consent of the Participating
Chef and FreshPlate. After the deletion of the Participating Chef 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 a notice of at least 30 days in writing to the
other party.

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 with regard to the subject matter hereof and supersede any other Contract between the parties relating to the subject matter hereof.

AMENDMENTS & WAIVERS

No waiver by any party or any terms or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.

Empanelment Form

In order to provide the best food experience to 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.

DURATION OF ENGAGEMENT

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

LOGISTICS

ORDERS

COPYRIGHT

PERFORMANCE

FINANCIAL TERMS & CONDITIONS

TERMINATION

PAYMENTS

Leave of Absence

Governing law and Exclusivity of Jurisdiction

This Agreement shall be governed by the laws of India. Further, the courts at Bangalore, India shall have exclusive jurisdiction for all matters arising out of or in connection with this Agreement and Home Chef agrees to irrevocably submit to the exclusive jurisdiction of such courts. However, Home Chef’s use of the FreshPlate services may also be subject to other local, state, national, or international laws.