Last Updated: 30th July 2021
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.
These Terms and Conditions govern the access or views by you an individual from within India and its territories and possession of Applications, Websites, Content, Products and Services (“The Services”) made available in India and its territories and possessions by OotaBox Services LLP and its subsidiaries and affiliates (collectively “Oota Box”). Please read these terms carefully before accessing or using the services.
We are Oota Box, a brand of OotaBox Services LLP 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.
“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Oota Box;
“we”, “us”, “our”, and “Oota Box” are references to the Company;
“Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
“The Services” constitute a technology platform that enables users of Oota Boxs’ Mobile Application or Websites provided as part of the services (each, an “application”) a service tool to order food with our Partners of such services, including independent third party service providers under agreement with Oota Box or its affiliates.
“Chef” is a third party, which has agreed to register with the Company to prepare and/or deliver the Goods or Services.
“Partner” is a third party, which has agreed to register with the Company to prepare and/or deliver the Goods or Services.
“Website” is a reference to our Website https://www.OotaBox.com or our mobile applications on which we offer our Goods or Services.
Oota Box understands the importance of keeping the information about you that you entrust to us Confidential and secure (“Customer 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.
Oota Box 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 Oota Box, for example testimonials and customer reviews (vi) from third party sources, for example credit checking agencies.
Oota Box may use your personal information for (i) registering your account with Oota Box (ii) for fulfilling orders (iii) for responding to your queries (iv) for improving your Oota Box experience and providing you with information about our services, special offers and promotions.
Oota Box will only share customer information with its carefully selected third party Partners for necessary business administration , customer delivery, marketing, operational and analytical purposes.
Oota Box may also share customer information with third parties for the purpose of data analysis, quality assurance including fraud prevention.
Oota Box uses leading technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of customer 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 customer 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 you to view the service options around you provided by our partners. 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.
Any contract for the supply of goods from this Website is between you and the Participating Chef. Any contract for the transactions on the website is between you and Oota Box. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Any order that you place with us is subject to Chef capacity and acceptance by us and the Participating Chef. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be generated automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Chef will be able to fill your order. Once we have sent the confirmation email we will check availability and service delivery capacity.
If the service delivery capacity is available, the Participating Chef will accept the order and confirm it to Oota Box. If the details of the order are correct, the acceptance of your order will be confirmed by text message (SMS).
If the service delivery and/or Goods are not available, we will also let you know by text message (SMS) or email.
PRICES AND PAYMENT
All prices listed on the Website are correct at the time of publication and have been input as received by the Participating Chef.
All prices listed on the Website for Food Delivery by the Participating Chef reflect the price the Participating Chef charges at the time of listing. In case the price listed is not current and the Participating Chef informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
The total price for service delivery, goods or services ordered will be displayed on the Website when you place your order. Full payment must be made for all Goods and Services provided. Payment has to be online via available payment gateway on the website using credit / debit card or internet banking.
Payment must be made online at the time of ordering on the website. To ensure that shopping online is secure, 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 security checks to confirm it is you placing the order.
The prices reflected on the website/mobile application/email are determined solely by the Participating Chef. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating Chef.
All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Chef and Oota Box is merely collecting the same on behalf of such Participating Chef.
The entire amount of applicable taxes collected by Oota Box is directly remitted as it is to Participating Chefs and Oota Box does not retain any amounts thereof.
Oota Box is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Chef. Oota Box holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Chef.
The transaction of sale is between Participating Chef and you, and accordingly, Oota Box is not liable to charge or deposit any taxes applicable on such transaction.
We reserve the right to stop listing Participating Chefs, Goods or Services at any point of time.
SERVICE DELIVERY & GOODS PICK-UP
Service Delivery periods quoted at the time of ordering are approximate only and may vary.
Service delivery is done by the Participating Chef, it is the Participating Chefs sole responsibility to provide Service Delivery in a timely manner.
The Participating Chef will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the services are not delivered within the estimated delivery time quoted by them, please contact the Participating Chef first. You may also contact us by telephone or email and we will try to solve the issue.
In case of a late service delivery, the service delivery charge will neither be voided nor refunded by Oota Box.
All risk in the Goods, Services and the Service Delivery shall pass to you upon completion.
You, after ordering / purchasing the Goods, will have to pick up the Goods on your own from the Participating Chef’s location. Any communication with regards to Goods pick-up, directions to chef’s location, pick-up time will be directly between you and the participating chef.
If you fail to pick-up Goods at the time they are ready for delivery or at the nominated time under any circumstances, then all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of this shall be your responsibility and you shall indemnify us in full for such cost.
Participating Chefs, who will prepare your order, aim to deliver the product to you at the time of service delivery requested by you in your order;
to inform you if they expect that they are unable to meet the estimated service delivery time.
CANCELLATION & REFUNDS
If you decide to cancel your order, you must notify within the participating chef’s order time period.In such case, no cancellation fees shall apply. If the cancellation is done post Chef’s order taking time, your order may not be cancelled with no refund.
We may cancel a order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
If the cancellation was made in time we will refund or re-credit your debit or credit card with the full amount within 14 days.
In the unlikely event that the Participating Chef delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the same. If the Participating Chef can only do a partial delivery (a few items might be not available), they will inform you or propose a replacement for missing items. You 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 Participating Chef.
You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to email@example.com
LIMITATION OF LIABILITY
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
We disclaim any and all liability to you for the supply of the Service Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
If we & participating chefs have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we & the participating chefs will fill and to what extent.
The products sold by the participating chefs are provided for private domestic and consumer use only.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
In the event Oota Box has a reasonable belief that there exists an abuse of vouchers and/or discount/referral codes or in suspected instances of fraud, Oota Box may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Oota Box reserves the right to seek compensation from any and all violators.
The vouchers/discount/credit calculation is subject to Oota Box’s discretion and may be altered at any time and without notice. This can discount any/all of the components including goods/services cost, taxes and fees and likewise.
Vouchers/discount/credit are subject to Oota Box’s discretion and may be withdrawn at any time and without notice.
All prices will be listed as per the chef’s country currency.
We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
We may alter or vary the Terms and Conditions at any time without notice to you.
Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the Laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
From time to time Oota box will run promotional offers on its platforms in the form of vouchers and discounts that can be applied to user accounts. Promotions that are offered as valid for new customers only may not be applied to existing accounts or individuals who already have a Oota Box account, whether active or dormant. In all cases promotional vouchers cannot be transferred to other users. Vouchers may only be redeemed against the purchase of services on the Oota Box platforms.