Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from Oota Box Platform. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
We are Oota Box, a brand of Idea Labz having its head office in Bangalore, India. Oota Box is only a service platform that links users to people who cook in their neighborhood and would like to food pool.
“Users” means a person who has signed up and is registered with Oota Box for the use or potential use / purchase of the Goods / Services.
“Participating Chef” means a person who has agreed to register with the Company to prepare & deliver the Goods or Services.
The Terms and Conditions, hereinafter referred to as “The Agreement” may be amended from time to time and is a legal contract between Participating Chef and Oota Box.
i) “ The Agreement” means this contract together with all schedules and annexures (if any);
ii) References to a Participating Chef shall include such party’s successors, employees, permitted assignees and any persons deriving title under it;
iii) The descriptive headings of clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such clauses; and can be further defined in separate annexures.
3. GENERAL TERMS:
This Agreement along with the registration form set 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 upon the Participating Chef or any authorized agent of the Participating Chef upon realization of consideration (“Effective Date”). By agreeing to the terms of services, the Participating Chef shall be deemed to have consented to the Agreement.
4. INFORMATION DISSEMINATION:
Oota Box currently disseminates information to the users through various platforms viz, email, sms, push notifications, telephone & internet. Oota Box may, at its discretion cease providing information over any of the above platforms or provide information over other platforms or modify the manner in which information is provided over any of the existing platforms, as it may deem fit, from time to time.
5. PLAN LISTINGS:
This refers to the various price plan listings that can be selected by the Participating Chef. Oota Box provides the following kinds of plan listings;
The Participating Chef agrees that it shall choose from a category/categories mentioned above. Oota Box reserves the right to change the aforesaid category listing options by adding, deleting, modifying or merging any categories. In the event the category applied for in the Participating Chef is no longer available, Oota Box shall endeavor to allot similar category to the Participating Chef. The final decision making power with regard to category listing shall however vest in Oota Box and such decision shall be final and binding on the Participating Chef.
6. PARTICIPATING CHEF OBLIGATIONS:
(i).The Participating Chef ensures smooth communication with users.
(ii).The Participating Chef ensures maintaining the quality of Goods/ Products / Ingredients and Service.
(iii).The Participating Chef will oversee all aspects of the Item listing, Provide and maintain menu descriptions for all menu items, Order fulfilling, Service delivery & operations including menu planning, order costs, hygiene and sanitation.
(iv).The Participating Chef must be available to represent Oota Box during service delivery and Goods pick-up by the users.
(v).The Participating Chef ensures to keep order cost at affordable range.
(vi).The Participating Chef ensures quality of Goods & Services sold by them on Oota Box.
(vii)The Participating Chef ensures to serve on schedule.
(viii)The Participating Chef ensures to develop and standardize recipes to ensure consistency.
(ix).The Participating Chef ensures safety and sanitation; that entire kitchen, kitchen equipment, packaging material, fridges, storage etc. are up to health code standards.
(x).The Participating Chef ensures to recognize and meet all deadlines and expectations of user requests.
(i) Oota Box reserves the right to charge and recover from the User, on behalf of the Participating Chef, fees for availing the Oota Box Services.
(ii) All payment transactions done between Oota Box, its users and Participating Chefs will be through Electronic Bank Transfers and wallet systems.
(iii) Payments will be made to the Participating Chef on a 7-day cycle. Oota Box shall make best efforts to settle the payment on every 7th day. Oota Box will not be liable in any manner for any delay due to technical or third party dependencies. However, in order to cure the late payment post 15 business days from the date of invoice , there shall also be imposed upon Oota Box a 4 % p.a charge upon the net amount payable. The rebate will be applied to the next invoice as a credit.
8. ISSUANCE OF PAYMENT RECEIPTS & INVOICE:
Oota Box will issue a payment receipt to the Participating Chef containing the following details;
i) Total amount booked for the respective week as on date.
ii) List of users, order date, order number, order quantity for the Goods / Services provided by the Participating Chef.
Participating Chef shall indemnify and hold harmless Oota Box, its affiliates, directors, officers, agents and employees from loss, or damage arising from any claim asserted by any third party including any user, due to or arising out of any action or inaction of Participating Chef, its employees or agents, including but not limited to, property claims, any claims pertaining to incorrect or false information about the Participating Chef that was provided to Oota Box and any claims including but not limited to the quality or usefulness of the products or services of the Participating Chef.
10. CONFIDENTIALITY & RELATED OBLIGATIONS:
The Participating Chef shall keep any information regarding the users of the service (“User Information”) confidential both, during subsistence of this contract and after its termination. The Participating Chef shall not, without prior written consent of Oota Box, transfer (whether for considerations or otherwise) User information to any third party for any reason whatsoever. The Participating Chef is specifically prohibited from using the User information for purposes of seeking any commercial gain out of said User information. In the event Oota Box is made aware of any such practice of the Participating Chef in violation of the terms of contract, Oota Box shall be entitled to terminate the contract as well as initiate such 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. Oota Box 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 Oota Box platform, unless mentioned otherwise in writing.
11. DISCLAIMER AND LIMITATION OF LIABILITY:
Oota Box is not liable for any claim owing to any misinterpretation of the information pertaining to the Participating Chef so long as the information exhibited/communicated by Oota Box conforms to the information made available by the Participating Chef or its authorized representative.
Oota Box is entitled to deduct from the Participating Chef all taxes including but not limited to Service Tax (now in force or enacted in future) that are or may be imposed on the said Services and the Participating Chef hereby agrees to pay the said taxes and charges promptly without raising any objections.
(i) Oota Box’s interpretation of the Contract shall be final and binding on the Participating Chef.
(ii) Participating Chef agrees that no joint venture, employment, or agency exists between Participating Chef and Oota Box and the Participating Chef is not entitled to bind Oota Box by its actions.
(iii) Participating Chef may not assign any rights or obligations against Oota Box without Oota Box’s prior written consent.
(iv) Oota Box 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.
(v)Nothing in the Contract obliges or will be deemed to oblige Oota Box to provide any credit to the Participating Chef.
All disputes, differences and/or claims arising out of the Contract shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act,1996 or any statutory amendment thereof. The arbitration proceedings shall be held at Bangalore and shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Participating Chef and Oota Box.
15. EXIT CLAUSE:
This Agreement herein may be terminated at any time upon the mutual consent of the Participating Chef and Oota Box. After deletion of Participating Chef account we will anonymize your data, unless these data are necessary to comply with a legal obligation or resolve disputes. Either party will have the right to terminate the contract by giving at least 30 days’ notice in writing to the other party. Any unused credits will not be refunded in case of termination of contract at any point of time.
16. 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.
17. AMENDMENTS & WAIVERS:
No waiver by any party or any term 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.