Last Updated: 12th October 2018
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.
“Ootabox Services LLP” is a website (www.ootabox.com), web & mobile application that connects a large network of food and beverage suppliers to the general public. www.ootabox.com is designed, developed & conceptualized by Ootabox Sevices LLP. Ootabox Sevices LLP is a company, located at 2338, BDA Main Road, Jeevanbhima Nagar, HAL Post, Bangalore 560017. All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Ootabox Sevices LLP. (together with its subsidiaries and other affiliates hereinafter referred to as “us”, “We” or “Ootabox Services LLP”).
“Users” means a person who has signed up and is registered with Ootabox Sevices LLP for the use or potential use / purchase of the Goods / Services.
“Vendor” means a food and beverage supplier or business or establishment having sole responsibility for providing food and beverage services registered with Ootabox Services LLP.
References to a Vendor shall include such party’s successors, employees, permitted assignees and any persons deriving title under it;
The Terms and Conditions, hereinafter referred to as “The Agreement” may be amended from time to time and is a legal contract between Vendor and Ootabox Services LLP.
Ootabox Services LLP understands the importance of keeping the information about you that you entrust to us Confidential and secure (“User Information”). The information we collect may include your personal information, in other words information capable of identifying you as a particular individual, such as your name, phone number, email address, purchase preferences, credit / debit card information. We therefore make it our highest priority to ensure that we look after your information and use it responsibly. By using the service or by providing your information to us or our Partners, you accept and consent to the collection, storage and processing of your information.
Ootabox Services LLP may collect your personal information (i) when you register an account (ii) when you purchase services on the Application (iii) when you participate in contests, competitions, questionnaires and surveys (iv) when you contact us (v) when you provide certain content to Ootabox Services LLP, for example testimonials and customer reviews (vi) from third party sources, for example credit checking agencies.
Ootabox Services LLP may use your personal information for (i) registering your account with Ootabox Services LLP (ii) for fulfilling orders (iii) for responding to your queries (iv) for improving your Ootabox Services LLP experience and providing you with information about our services, special offers and promotions.
Ootabox Services LLP will only share your information with its carefully selected third party Partners for necessary business administration, customer delivery, marketing, operational and analytical purposes.
Ootabox Services LLP may also share your information with third parties for the purpose of data analysis, quality assurance including fraud prevention.
Ootabox Services LLP uses leading technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of your information through collection, storage and disclosure. Such measures include maintaining a secure encryption based transmission system, intrusion detection and prevention software and virus software in respect of your information.
When you use the App/service through your mobile device, and only if you have consented thereto, we will use your geo-location information, on a real time basis only. We use this information to allow users to view service options around them. We may also use this real-time geo-location information to address user support, technical, or business issues that may arise in the course of your use of the App.
i) “ The Agreement” means this contract together with all schedules and annexures (if any);
ii) References to a Vendorshall 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.
This Agreement along with the registration form set forth the terms of services under which the Vendor may be identified as a vendor to the users or company. The Agreement shall come into effect upon the Vendor or any authorized agent of the Vendor upon realization of consideration (“Effective Date”). By agreeing to the terms of services, the Vendor shall be deemed to have consented unconditionally to all such addendums and amendments to the Agreement.
Ootabox Services LLP currently disseminates information to the users through various platforms viz, email, sms, push notifications, telephone & internet. Ootabox Services LLP 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.
This refers to the various price plan(s) listing options that can be selected by the Vendor. Oota Box Services LLP provides the following kinds of plan listings;
i) Rs.500 / year.
More details on the plans can be found here (Chef Plans)
This refers to the various category listings that can be selected by the Vendor. Ootabox Services LLP 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 partnership Form is no longer available, Ootabox Services LLP shall endeavor to allot similar category to the Vendor. The final decision making power with regard to category listing shall however vest in Ootabox Services LLP and such decision shall be final and binding on the Vendor.
VENDOR RESPONSIBILITIES & REQUIREMENTS:
Vendor responsibilities and/or requirements in support of this Agreement include:
A) The Vendor ensures smooth communication with users.
B) The Vendor must be available to represent Ootabox Services LLP during service delivery and Goods pick-up by the users.
C) Manufacturing and maintaining the quality of Goods/ Products / Ingredients and Service.
D) Overseeing all aspects of the Item listing, Provide and maintain menu descriptions for all menu items, Orderfulfilling, delivery & operations includingorder costs & order delivery.
E) Keeping order cost at affordable range.
F) Ensuring quality of Goods & Services sold by them on Ootabox Services LLP.
G) Ensuring to serve & deliver on schedule.
H) Developing and standardize recipes to ensure consistency.
I) Ensuring safety and sanitation; that entire kitchen, kitchen equipment, packaging material, fridges, storage etc. are up to health code standards.
J) Recognizing and meeting all deadlines.
K) Giving advance notification to Oota Box Services LLP users towards availability or non-availability of service.
Assumptions related to in-scope services and/or components include:
Changes to services will be communicated and documented to all parties.
Product rates (per unit cost) mentioned by the Vendor on the Ootabox Services LLP Platform will include the manufacturing, OotaBox Services LLP payable Commissions / Internet Handling Fee / Lead Generation Fee and product packaging material costs. Additionally some products will include the respective delivery charges.
Payment to Vendor for all service charges will be made by Ootabox Services LLP as :
A) Ootabox Services LLP reserves the right to charge and recover from the User, on behalf of the Vendor, fees for availing the Oota Box Services.
B) All payment transactions done between Ootabox Services LLP, its users and Vendorswill be through Electronic Bank Transfers and wallet systems.
C) Daily orders of 15 boxes or below against the individual orders placed by customers, the payments will be made on a weekly basis.
D) Daily orders of 15 boxes and above, the payments will be made on a monthly basis.
All payments will be made after deduction of OotaBox Services LLP payable commissions / Internet Handling / Lead generation fee of 10% to 15% (depending on the order type and price) w.e.f from Jan 8th 2018. This fee includes payment gateway charges and applicable government taxes.
ISSUANCE OF PAYMENT RECEIPTS & INVOICE:
A) Ootabox Services LLP will issue a payment receipt to the Vendor for the services provided by the Vendor.
B) Ootabox Services LLP will issue an invoice to the Vendor containing the following details;
C) Ootabox Services LLP’s commissions on the total amount collected on behalf of the Vendor as per clause 9
It is hereby clarified that in the event of a conflict between the information relation to sub-clauses (A) and (B) above, contained in these Terms and in the invoice, the provisions of the invoice shall prevail.
CANCELLATION & REFUNDS:
A) If the user cancels your order within 24hrs of placing the order, you will be notified and no cancellation fees shall apply to the user. If the cancellation is done post 24hrs of placing the order, the order may not be cancelled with no refund to the user.
B) You may cancel an order if the product is not available for any reason. We will notify the user if this is the case and return any payment that the user has made.
C) In the unlikely event that the Vendor delivers a wrong item / damaged / expired item, the user has the right to reject the delivery of the wrong item and you shall be liable to fully refunded the user for the same.
D) If the Vendor can only do a partial delivery (a few items might be not available), you will be required to inform the user or propose a replacement for missing items. The user will have the right to refuse a partial order delivery while pick-up and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the User.
CANCELLATION POLICY & EXIT CLAUSE:
A) This agreement may be cancelled if the service is not satisfactory.
B) Ootabox Services LLP or The Vendor may cancel this agreement with prior notice of minimum one week.
C) Should either party fail to provide or breach this agreement in any way, the offending party will be liable for damages.
D) This Agreement shall be governed by and construed in accordance with the laws of the state of Karnataka, India.
CONTENT GUIDELINES & RESTRICTIONS:
Products and other content (such as product titles, product images, cover art and product descriptions) must adhere to these content guidelines. We reserve the right to make judgments about whether content is appropriate and to choose not to publish it. We may also terminate your participation on Ootabox Services LLP if you don’t adhere to these content guidelines. If you are unsure if you own the rights to the content you wish to submit, please consult an attorney.
We don’t accept pornography or offensive depictions of graphic sexual acts.
What we deem offensive is probably about what you would expect.
Illegal and infringing content
We take violations of laws and proprietary rights very seriously. It is your responsibility to ensure that your content doesn’t violate laws of copyright, trademark, privacy, publicity, or other rights. Just because content is freely available does not mean you are free to copy and use it.
Public domain and other non-exclusive content
Some types of content, such as public domain content, may be free to use by anyone, or may be licensed for use by more than one party. We will accept content that is available on the web as long as you are the copyright owner of that content.
Poor customer experience
We don’t accept content that provide a poor customer experience. We reserve the right to determine whether content provides a poor customer experience.
Product titles should be clear and can’t contain any other information in it.
Product description should be clear and descriptive about the product / service being availed by the customer and any other additional information such as allergen information.
Product images submitted to Ootabox Services LLP must meet the following technical specifications.
TIFF (.tif/.tiff), JPEG (.jpeg/.jpg), GIF (.gif) and PNG (.png) format
Image pixel dimensions of at least 500 or larger in either height or width preferred RGB or CMYK color mode
File names must consist of the product identifier (Ootabox Services LLP Product title) followed by a period and the appropriate file extension (Example: 63906.jpg)
Note: Spaces, dashes or additional characters in the file name will prevent your image from going online.
After filling all the details except image, please save your product as draft, then upload the image to get the unique product identifier that can be used in the image file name.
Ootabox Services LLP Site Standards for Product Images
At least one image is required for every product. Not uploading an image can lead to the product not being approved and will lead to rejection of the product.
For images named by product identifier without a variant code or named with the MAIN variant, and display as the main image on the product detail page, Ootabox Services LLP maintains the following site product image standards:
The image must be the cover art or a professional photograph of the product being sold. Drawings or illustrations of the product are not allowed.
The image must not contain gratuitous or confusing additional objects.
The image must be in focus, professionally lit and photographed or scanned, with realistic color, and smooth edges.
The image must be from a top angle and not anything else.
The full product must be in frame.
The containers with food must be visible completely and can’t be cropped.
Backgrounds must preferably be pure white (RGB 255,255,255).
The image must not contain additional text, graphics, or inset images.
For additional other view images, the image must be of, or pertain to, the product being sold.
Other products or objects are allowed to help demonstrate the use or scale of product.
The product and props should fill 85% or more of the image frame.
Cropped or close-up images are allowed.
Backgrounds and environments are allowed.
Text and demonstrative graphics are allowed.
Below is the sample image that would be approved based on the above terms.
From time to time Ootabox Services LLP will run promotional offers on its platforms in the form of vouchers and discounts that can be applied to vendor accounts. Promotions that are offered as valid for new vendors only may not be applied to existing accounts or individuals who already have a Ootabox Services LLP account, whether active or dormant. In all cases promotional vouchers cannot be transferred to other vendors and users. Vouchers may only be redeemed against the purchase of services on the Ootabox Services LLP platforms.
Ootabox Services LLP is not obliged and does not market the offerings of the Vendor and shall not be obliged to recommend Vendor to the users. Ootabox Services LLP’s obligation under the contract is limited explicitly set out herein and in no event does Ootabox Services LLP undertake to generate or guarantee enquiries or business to the Vendor.
Vendor shall indemnify and hold harmless Ootabox Services LLP, 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 Vendor, its employees or agents, including but not limited to, property claims, any claims pertaining to incorrect or false information about the Vendor that was provided to Ootabox Services LLP and any claims including but not limited to the quality or usefulness of the products or services of the Vendor.
CONFIDENTIALITY & RELATED OBLIGATIONS:
The Vendor shall keep any information regarding the users of the service (“User Information”) confidential both, during subsistence of this contract and after its termination. The Vendor shall not, without prior written consent of Ootabox Services LLP, transfer (whether for considerations or otherwise) User information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User information for purposes of seeking any commercial gain out of said User information. In the event Ootabox Services LLP is made aware of any such practice of the Vendor in violation of the terms of contract, Ootabox Services LLP shall be entitled to terminate the contract as well as initiate such legal proceedings against the Vendor, as it may deem fit, at its sole discretion and without prejudice to rights available to it under applicable law. Ootabox Services LLP 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 Vendors on Oota Box platform, unless mentioned otherwise in writing.
Vendor represents and warrants that (i) it is a bonafide business organization in relation to the items disclosed to Ootabox Services LLP; or an individual with required documents (ii) it has the rights to use the trademarks; (iii) the business carried on by the Vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it. (iv) all information provided about itself to Ootabox Services LLP, is and shall at all times be accurate, valid and complete. (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any information provided by the Vendor to Ootabox Services LLP. (vi) Vendor accepts that it is responsible to cross verify and ensure filling up of all the Vendor details including but not limited to the contact information, information pertaining to its products/services provided by the Vendor and keep Ootabox Services LLP updated in this regard. (vii) The Vendor undertakes to provide a copy of the licenses / registrations or any other documents including but not limited to valid identity proofs required to run the business as is when such request is made by Ootabox Services LLP. The Vendor acknowledges that any breach of the covenants set forth may be a cause for termination of the Contract by Ootabox Services LLP, at its sole discretion.
DISCLAIMER AND LIMITATION OF LIABILITY:
Ootabox Services LLP is not liable for any claim owing to any misinterpretation of the information pertaining to the Vendor so long as the information exhibited/communicated by Ootabox Services LLP conforms to the information made available by the Vendor or its authorized representative.
Ootabox Services LLP is entitled to charge the Vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and listing fees and the Vendor hereby agrees to pay the said taxes and charges promptly without raising any objections.
A) Ootabox Services LLP’s interpretation of the Contract shall be final and binding on the Vendor.
B) Vendor agrees that no joint venture, employment, or agency exists between Vendorand Ootabox Services LLP and the Vendor is not entitled to bind Ootabox Services LLP by its actions.
C) Vendor may not assign any rights or obligations against Ootabox Services LLP without Ootabox Services LLP’s prior written consent.
D) Ootabox Services LLP 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.
E) Nothing in the Contract obliges or will be deemed to oblige Ootabox Services LLP to provide any credit to the Vendor.
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 Vendor and Ootabox Services LLP.
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 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.