USER TERM & CONDITIONS
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 “Motherchef business page’ to manage claimed Motherchef cook 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 Motherchef or its users and is available on the Services.
Motherchef Content” means content that “Motherchef” 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.
If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Application or Services.
These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website at [web address] (the “Site”) and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”). These Terms are effective for all existing and future users, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings.
The Content on these Services is for informational purposes only. Motherchef disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Motherchef reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Motherchef does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any of the listing of Home Cook.
ELIGIBILITY TO USE THE SERVICES:
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You further declare that you are in compliance with all laws and regulations in the locality/state/country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
CHANGES TO THE TERMS:
SERVICES PROVIDED BY US:
Motherchef is constantly evolving in order to provide the best possible experience and information to its users. The primary purpose of services is to connect theMotherchef to the users. Except connecting the users to Home cooks, we are not providing any services, of whatever nature to the users. Users acknowledge that Motherchef is not charging any consideration from the users to provide the services. As no consideration is charged from the users, there is no consumer-service provider relationship between users andMotherchef . The services are freely offered to the users, and users are free to discontinue receiving services anytime they wish.You acknowledge and agree that the form and nature of the Services which Motherchef provides, may require effecting certain changes in it, therefore,Motherchef reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
All commercial/contractual terms are offered by Home chefs and agreed to, is between Buyers and Home cookalone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Motherchef 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 Merchants. Motherchef may, however, offer support services to Home Chefs in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Home Chefs. The user acknowledge that they are stranger to this contract and they have nothing to do with this contract.Motherchef does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) or specifics such as quality, value, saleability, etc.) of any of the Home Chefs. You are advised to independently verify the bona fides of any particular Home Chefs that you choose to deal with on the Platform and use your best judgment in that behalf. All Home Chefs offers and third-party offers are subject to respective party terms and conditions. Motherchef takes no responsibility for such offers.
Motherchef 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 Home Chefs on the Platform come into or take possession of any of the products or services offered by Home Chefs. At no time shall Motherchef hold any right, title or interest over the products nor shall Motherchef have any obligations or liabilities in respect of such contract entered into between Buyer and Home Chefs. Motherchef is only providing a platform for communication and it is agreed that the contract for sale/service of any of the products or services shall be a strictly bipartite contract between the Motherchef Chefs and the Buyer.
Motherchef does not endorse any Members, home chefs, any Meals or any Member Content or any sale or service. In addition, although these Terms require Home Chefs/Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s/user purported identity. You are responsible for determining the identity and suitability of others who you contact via the Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members/users. By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members/users 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 Motherchef with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any Meals or services.
Some of the Services are/may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the platform, queries made through the platform or other information. The manner, mode and extent of advertising on the platform are subject to change without specific notice to you. You agree that Motherchef may place such advertising on the platform.
Part of the platform may contain advertising information or promotional material or other material submitted to Motherchef by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Motherchef will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Platform and mobile application.
The Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Motherchef is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement byMotherchef of such websites or resources or the content, products, or services available from such websites or resources.
You acknowledge and agree that the Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Motherchef and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, Services, or Collective Content.
CONTENT IS PROTECTED:
All text, photographs, trademarks, logos, sounds, graphics, user interfaces, visual interfaces, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, expression, “look and feel” and arrangement of such Content, contained on the platform is owned, controlled or licensed by or to v, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.
ACCEPTANCE OF TERMS
On acceptance of above said terms, Motherchef grants you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Content or our IP Rights. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
You acknowledge and agree that if Motherchef disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate or suspend these Terms or your access to our Application and Services.
Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency: Acceptance of these terms and conditions merely amounts to acceptance for the purpose of use of the platform. None of the provisions of these Terms shall be deemed to constitute a partnership or agency or consumer or any specific legal relationship between you and Motherchef and you shall have no authority to bind Motherchef in any form or manner, whatsoever.
Indemnity You agree to indemnify and hold Motherchef, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made againstMotherchef any third party due to or arising out of or in connection with your use of the Platform.
Disclaimer : We do not promise that the platform of any of its content or service of feature will be error-free or uninterrupted. We do not promise that use of this site shall result in any benefit to you or you will achieve specific results. The website is delivered on an as-is and as-available basis. All information provided on the website is subject to change without any notice. We don’t promise that any data downloaded from the site shall be free of viruses or contamination or destructive features. We deny any warranty of accuracy, non-infringement, fitness or usefulness of any feature of this website or content available therein.