Yummaker Terms & Conditions

OVERVIEW

This platform is operated by Tenilo Revolutions Pvt. Ltd. under the brand name of Homely. Homely offers its platform, including all information, tools and services available from this platform, to the Yummaker, conditioned upon your acceptance of all Terms and Conditions stated here.

Kindly note that the Terms and Conditions are subject to changes as and when deemed by Homely with prior notification to Yummaker. The Yummakers continued use of or access to the platform provided, following the posting of any changes to these Terms of Conditions constitutes acceptance of those changes.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This agreement is governed and construed in accordance with the Laws of the Republic of India, without any regard to any conflict of laws. The Yummaker hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, to entertain or try any and all disputes arising out of or relating to the use of this Platform.

TERMS & CONDITIONS

  1. Yummaker understands and accepts that Homely is a platform that helps them to connect with potential customers who look to order the food products provided by the Yummaker. Homely does not assure the Yummaker of any fixed number of orders.
  2. This connection is made possible by providing the website for listing Yummaker's food products, Yummaker's profile, delivery, packaging, promotion of the platform itself and other miscellaneous tools and services of the platform. The Yummaker is advised to utilize the platform provided by Homely in promoting themselves to the world and gain recognition for the same.
  3. Homely is not involved in any food preparation and will not claim any responsibility for food related issues or allergies/reactions resulting from ordered food. Should such instances occur, the Yummaker shall be solely held responsible.
  4. As per FSSAI mandate, Yummaker will be classified as ‘home based canteen’ and Homely advises the Yummaker to have a registration certificate from this governing body which would term the Yummaker, legally as a seller of food items. This registration is online and the link for the same is http://foodlicensing.fssai.gov.in/indexSL_MH.aspx. Homely shall not be liable if the Yummaker is not having a registration certificate.
  5. For registering with Homely, the Yummaker needs to fill the Yummaker Registration Form with their Personal, Kitchen and Bank Details. Self-Attested supporting documents, need to be provided also.
  6. Yummaker shall submit two dishes for trials, with the recipe, to Homely for review. The trials shall be scheduled by Homely. Based on the feedback received, for the trials, Homely shall decide whether to continue the partnership with the Yummaker.
  7. The cost of the trials is to be borne by the Yummaker. Packaging and Delivery support will be provided by Homely for the trials.
  8. The Yummaker shall be responsible for maintaining the confidentiality of their Account Credentials and Registration Details and be responsible for all activities that occur under their Account.
  9. The Yummaker shall be communicating with Homely through written forms of electronic communications and consents to receive communications via written forms of electronic communications from Homely periodically and as and when required.
  10. Homely may terminate this agreement with the Yummaker at any time provided a cause has been stated and communicated to the Yummaker. Homely reserves the right also, in their sole discretion, to temporarily or permanently block the Yummaker’s access to the platform at any time without giving notice to the Yummaker, if the Yummaker,
    1. is found to be non-compliant with Terms and Conditions stated here
    2. has provided wrong, inaccurate, incomplete or incorrect initiation
    3. actions may cause any harm, damage or loss to the other Yummakers, Customers and/or Homely
  11. The obligations and liabilities of Homely and Yummaker incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Platform.
  12. Yummaker shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which the Yummaker does not have any right to, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
  13. The Yummaker is responsible for providing an accurate title and description of the Product being listed by him/her. Homely shall not be liable in any scenario if the Yummaker provides an incomplete and/or inaccurate Title and Description for the product
  14. The Yummaker’s product shall be uniquely identified by the Title of the Product and cannot be changed once successfully approved and made live.
  15. The Yummaker understands that providing an image of the Product is helpful and beneficial for them in increasing the chances of their product being sold on the platform.  
  16. The Yummaker shall not hold Homely liable if the Yummaker is confronted by Law Enforcement Offices and it is proved by them, that the Yummaker does not have the ownership and copyright of the images submitted to Homely. The Yummaker is therefore advised to either click images themselves or submit images to which they have a proof of ownership or copyright.
  17. Homely shall assist and train the Yummaker in basic photography skills to improve the images clicked by them. At times, Homely shall also click photographs for the Yummaker's products. It is the Yummaker's responsibility to come forward and request for this service. A suitable appointment date and time would be fixed for the same.
  18. Yummaker grants Homely the right to use the images submitted by them, including their profile picture, for marketing and promotion of the platform.
  19. The Yummaker has the final say on the price of their product. Homely on its part can and will only suggest and advice the Yummaker based on its knowledge, experience and customer feedback it receives.
  20. In the event, where the customer finds the Yummaker’s price unacceptable and does not order from the Yummaker, Homely is not responsible for the same.
  21. The Yummaker has every right to refuse to serve the product(s) prior to order confirmation only. Once the order has been confirmed and communicated formally through the written electronic channels, Yummaker needs to serve the order as agreed as per the communication and/or as listed on the platform.
  22. The Yummaker shall be notified of the order by the Yummaker App primarily. In the scenario where the Yummaker does not have the Yummaker App, then the order details shall be given in written forms of electronic communication only.
  23. Homely shall take no responsibility if the order notification has been delivered but the Yummaker has not seen it. In such a scenario, the pickup time as mentioned in the order notification will be considered only.
  24. The Yummaker shall be notified of the order with the Order Number, Product Title, Quantity, Pickup Time, Amount To Be Collected (if any) and Customer Request.
  25. The Yummaker needs to keep the meal packed and ready for pickup, at the pickup time mentioned in the communication.
  26. The Yummaker needs to ensure he/she is always available via call whenever the Yummaker’s product listing is live for ordering.
  27. Yummaker agrees to bear penalty as deemed fit by Homely if there has been a delay by the Yummaker in handing over the order on time, any Product item is missing and/or customer is unhappy with the Product provided by the Yummaker or it is not as per the expectations of the customer.
  28. Homely at its end shall bear the cost if the Product handed over by the Yummaker is damaged when delivering to the customer.
  29. Homely values the privacy and security of the Yummaker. It will not share the details of the Yummaker to any external entity without prior permission from the Yummaker. Likewise, the privacy and security of the Customer are also valued and will not be shared with any external entity and with the Yummaker.
  30. Homely shall charge the Yummaker for its services. The details of the same shall be provided separately while registration and via email. The same has not been detailed here to protect the information
  31. Homely shall generate a transaction statement on 16th & 1st of every month, detailing every meal sold by the Yummaker for the past days till the last generated transaction statement. However, under certain special circumstances with a prior intimation from Homely, the generation of transaction statement and likewise the payment dates would be postponed.
  32. The transaction statement shall be sent to the Yummaker shall mention their earnings, commission, order cash collection, any past outstanding balance and adjustments done for that period.
  33. The Yummaker shall have 2 days, after the date of generation of transaction statement, to verify the same and notify any discrepancies. The payment shall be made directly to the bank account of the Yummaker on the next day i.e. the 3rd day, after the date of generation of transaction statement.
  34. In case the date of payment is a bank holiday or the banks are closed for any other reason, the payment shall be made on the immediate next working day of the bank.
  35. In the scenario where the total payable amount or the net receivable from the Yummaker is less than ₹100 then the amount shall be carried forward to the next payment cycle.
  36. The failure of Homely to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
    These Terms and Conditions constitutes the entire agreement and understanding between the Yummaker and Homely. It governs the Yummaker's use of the platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Homely and Yummaker (including, but not limited to, any prior versions of the Terms and Conditions).
    Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
  37. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
  38. Yummaker agrees to indemnify, defend and hold Homely harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Yummaker's breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
  39. Any questions about the Terms and Conditions should be sent to us at homely@mangorevolutions.com