Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligation. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligation to comply with applicable laws and regulations. In particular, Home Chefs and Foodies should understand how the laws work in their respective cities, areas of residence and place of the Feast.
Welcome to FeastBy! Mentioned below are our Terms of Service (“Terms”), an agreement between you and FeastBy Media Private Limited (“FeastBy”), for your use of our website (www.feastby.com), which connects Foodies with Home Chefs. Through our website, Home Chefs invite Foodies and offer them a unique dining experience at their homes in India.
Each of the Website's users, whether Home Chefs or Foodies (“You”), is invited to use our Website in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The website can be accessed only by those individuals (a) whose age is at least 18 years old. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the website and (b) have legal authority to go along with these Terms and enter into an agreement via an applicable law (c) possess a valid email address.
3. Key Terms
A “Home Chef” is a Registered user who offers and provides a Feast at their home/residence/house.
A “Foodie” is a Registered user who requests (either by himself or herself or through someone else who is a Registered user) a booking of a Feast using the website, or a Registered user who is part of a Feast.
A “Feast” is a customized dining experience provided by a Home Chef to a Foodie, and is listed by a Home Chef on the website which is available for purchase by Foodies via the website.
“Booking Request” means a request sent to a Home Chef by a Foodie to be part of a feast hosted by the Home Chef.
“Channel Associates” means a person or entity which does a booking on behalf of a Foodie or a group of Foodies; including but not restricted to Travel Agents, Hotels and their Concierge Desk Representatives.
“FeastBy Content” means all Content that is available through the Website, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Registered user Content.
"Registered user Content,” means all Content that a Registered user posts, uploads, publishes, submits or transmits to be made available through the website or Services.
"Collective Content" means Registered user Content and FeastBy Content.
Tax" or "Taxes" mean any services tax, sales taxes, value added taxes (VAT), goods and services taxes (GST) or any other taxes that may be applicable from time to time, that Feast providers or/ and FeastBy may be required by law to charge, levy, collect and remit to governmental agencies, and other similar municipal, state, and national indirect or other withholding and personal or corporate income taxes.
4. Account Registration
Whether one wants to initiate listing a feast or book a feast, he should register and have an account. It is free to register and the registration can be completed with a personal Social Networking Account such as Facebook or Google or it is simple via a registration form given on the website. Once the account is established, the user will get a confirmation mail. One may not own more than one active account with FeastBy.
If you want to be a Home Chef, you are required to submit an application form via our website, in which, you will be asked to fill in some crucial details. After this, FeastBy will start a verification process and make sure at the sole discretion whether one shall be a Home Chef or not.
Your account is secured via password. For the sake of safeguarding the security of your Personal Information, you must not share your login details. Make sure you share complete and authentic information and must not disguise your real identity while creating the Account. You are required to keep the information of your Account up to date otherwise we may deny offering you the services.
You are solely accountable for protecting privacy of the account & password. In case, we find out that you have created a fake account then you might face criminal/civil liability. Without prior notice to FeastBy, you may not transfer or delegate your rights and duties. You must inform us instantly for any unlawful use or breach of your account and you should change your password. If you fail to abide by our Terms of Service, we shall in no case be liable for any loss or damage due to password theft or security breach.
If you want to change your password or user name to log in to our service or wish to deactivate your account, you can do it via using settings option on the menu or by sending us a mail for the request to: firstname.lastname@example.org. Your account will be deactivated within defined time as per your request and from the date your account has been terminated, you will not be able to log in or access your account.
Note that either you are a Foodie or a Home Chef, you cannot alter or expel any information at any time available in your Personal Account. You may only do it by making use of "Edit Profile" button. And, the information in your Account that has been marked as "public" will be accessible to other Users.
If you decide to deactivate you account then you may lose certain information and shared with us. We shall not be held liable for any such loss.
5. No Recommendation
FeastBy does not recommend any Registered user or any Feast. Images and videos put up on the website or any official social media channels are intended only to indicate a representation of the Feast and home. Registered users are required by these Terms to provide accurate information, and although FeastBy does undertake additional background checks and verify our Home Chefs & check the identities or backgrounds of Foodies (which can be seen on their profiles under the ‘verified’ section), we do not recommend any registered user or feast.
Any references in the Website or Services to a Foodie being "Verified" (or similar language) only indicates that the Registered user has completed a relevant verification process, and does not represent anything else. Any such description is not a recommendation, certification or guarantee by FeastBy about any Registered user, including of the Registered user's identity and whether the Registered user is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website and Services.
Any references in the Website or Services to a Home Chef being "Verified" (or similar language) only indicates that the Registered user is registered under the Food Safety and Security Authority of India and FeastBy has conducted a background verification of the registered user via third party. Any such description is not a recommendation or guarantee whether the Registered user is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website and Services.
By using the website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Registered users or other third parties will be limited to a claim against the particular Registered users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from FeastBy or any of its Directors, Promoters or Employees with respect to such actions or omissions. This limitation shall not apply to any claim by a Home Chef against FeastBy regarding the remittance of payments received from a Foodie by FeastBy on behalf of a Home Chef, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability”.
6. Use Restrictions
Certain codes of conducts are strictly restricted on FeastBy. Make sure you read the below-mentioned restrictions carefully. If you fail to comply with the set of provisions, then it may lead to discontinuation of your access to FeastBy and also may take you towards criminal/civil liability.
FeastBy reserves the right to make any modifications to the Website, Services and these Terms of Service, including but not restricted to the Terms, the service fees, etc. FeastBy Media Private Limited may make these modifications without prior notice. The said modifications to the Terms of Service will be available for your reference on the Website or may be communicated to you directly. By continuing to access or use the Website or Services after we have posted a modification on the Website or have communicated to you directly, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services.
8. Home Chef Application and Use
To become a Home Chef with FeastBy, you have to complete the registration process at www.feastby.com/beahomechef. When registering & creating your Feast Profile & Personal Profile with FeastBy you must provide us with only true, accurate and complete information; failing which, we will not be able to give you rights to host a feast using the website and services. A registered user can only be a Home Chef on FeastBy, once her verification process is complete and he has come out clean in the process. FeastBy will provide him with the login credentials through which he can will upload his feast on the website, and give all the information required.
As a part of security and quality measures taken by FeastBy, all Home Chefs (i) will be registered with the Food Safety and Security Authority of India (FSSAI), (ii) will be provided with an SOS application, (iii) will be provided with a CCTV camera, that will be installed at the feast location. The use of any of the above is prohibited elsewhere. Failure in doing so will attract penalty and may lead to Home Chefs getting expelled from the website, at the sole discretion of FeastBy.
The CCTV camera installed at the feast location is the property of FeastBy. By uploading the feast and using the services of the platform, you agree not to damage the property of FeastBy in any way. Any damage caused to the property can attract penalty and may lead to Home Chefs getting expelled from the website, at the sole discretion of FeastBy. It is the sole responsibility of the Home Chef that the Camera is on before Foodie arrives till Foodie leaves Failure of doing the same could lead to no recording of the feast, making the Home Chef responsible for the same.
Sharing your or any other registered users information, including but not restricted to your login credentials, with any third party, will attract penalty and may also lead to Home Chefs getting expelled from the website. Dealing with a Foodie outside of the platform and hosting feasts directly will not be accepted. A Foodie getting in touch through the platform and asking for a feast directly should not be accepted. In such a case, FeastBy does not take the check of the background of the person and no verification of the Foodie is done. Taking such actions, would mean putting your security at stake, and will attract penalty in the form of fine or getting expelled or both, and may lead to Home Chefs getting expelled from the website, at the sole discretion of FeastBy.
Even though FeastBy is taking necessary measures for verification to for the purpose of security, a Foodie coming to a Home Chefs residence/home/house for a feast depends on the judgment of the Home Chef. In case of any emergency, FeastBy will not be held responsible.
A Home Chef must be live on the website for a minimum time period of 1 year and has to give guarantee for a minimum 12 feasts in a month to FeastBy before going live on the website, and should abide by the same. Failure in doing so will attract penalty in the form of fine or getting expelled or both, and may lead to Home Chefs getting expelled from the website, at the sole discretion of FeastBy. As the roster for the Home Chef has been communicated and has been agreed by the Home Chef before going live on the platform, he/she can only cancel a feast incase of utmost emergency. In case of cancelation of a feast by a Home Chef, FeastBy can charge penalty and may even expel the Home Chef from the website.
The food served to the Foodie, should be cooked at the Home Chef’s house. Sourcing cooked food from anywhere except the home of the Home Chef is strictly prohibited. Failure of the above may attract penalty in the form of fine or getting expelled or both, as per FeastBy’s sole discretion.
You acknowledge and agree that you are responsible for any and all Feasts, experience, posted by FeastBy on your behalf and (i) will not breach any agreements you may have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Feasts posted by FeastBy on your behalf (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Home Chef’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to expel or disable access to any feast listing for any reason, including feasts that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the website or Services or Foodies. You acknowledge and agree that, as a Home Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the feast at your request or invitation, excluding the Foodie.
FeastBy may offer Home Chefs the option of having photographers & Videographers take photographs and videos of their feasts offerings: food, Home Chef and their residence ambience. All images, videos, materials and content created by these photographers & videographers provided by us, including images, videos, constitute FeastBy Content. You agree that FeastBy retains its right to and may use these images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your feast or otherwise, without further notice or any compensation.
By using the website and its services, you agree to the terms of service and will abide by them. Failure in doing so will attract penalty and may lead to Home Chefs getting expelled from the website, at the sole discretion of FeastBy.
9. Bookings and Financial Terms
“Base Price" means the amounts that are due and payable by a Foodie or Channel associates on behalf of its clients in exchange for the feast booked by the Foodie or Channel associates for himself or herself and the individuals that the Foodie invites to the feast, if applicable. The Home Chef alone, and not FeastBy, is entitled to get this amount.
"Service Fees" means the fee that FeastBy charges a Foodie or Channel associates on behalf of its clients for the use of its online platform.
“Taxes” mean any services tax, sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes that may be applicable from time to time, that Feast providers or/ and FeastBy may be required by law to charge, levy, collect and remit to governmental agencies, and other similar municipal, state, and national indirect or other withholding and personal or corporate income taxes.
"Total Amount" means collectively the base price, service fees and taxes, as & when applicable.
10. FeastBy, A Payment Collection Agent for Home Chefs
Each Home Chef hereby appoints FeastBy as the Home Chef’s payment collection agent solely for the purpose of accepting the Base Price from Foodies, along with taxes as applicable and also appoints FeastBy to raise invoices on their (Home Chef's) behalf for the same whether through the website or through the B2B offline channel of FeastBy.
Each Home Chef agrees that payment made by a Foodie or Channel associates to FeastBy, shall be considered the same as a payment made directly to the Home Chef, and the Home Chef will make the feast available to the Foodie or clients of the Channel associates in the agreed-upon manner as if the Home Chef has received the base price. Each Home Chef agrees that FeastBy may, (i) permit the Foodie or Channel associates to cancel the booking and (ii) refund (via FeastBy) to the Foodie or Channel associates that portion of the base price specified in the applicable cancellation policy. Each Home Chef understands that as FeastBy accepts payments from Foodies or Channel associates as the Home Chef’s payment collection agent and that FeastBy’s obligation to pay the Home Chef is subject to and conditional upon successful receipt of the associated payments from Foodies or Channel associates. FeastBy does not guarantee payments to Home Chefs for amounts that have not been successfully received by FeastBy from Foodies or Channel associates. In accepting appointment as the authorized agent of the Home Chef, FeastBy assumes no liability for any acts or omissions of the Home Chef.
Please note that FeastBy does not currently charge fees for the creation of a feast. However, you as a Home Chef acknowledge and agree that FeastBy reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of feasts. Please note that FeastBy will provide notice of any Feast fee collection via the Website and Services, prior to implementing such a Feast fee feature.
11. Bookings and Financial Terms for Home Chef
When a Foodie sends a booking request to a Home Chef to be a part of a feast hosted by the Home Chef, the Home Chef has the liberty to accept or decline the request based on his/her judgment of the Foodie & their profile created on the website. The request will have all the details including but not restricted to the number of people, their veg or non-veg preferences etc. Once the Home Chef approves the booking request, FeastBy will collect the Total Fees and will initiate payment of the base price to the Home Chef within 4-5 days after the feast takes place. The time it takes for the Home Chef to receive payouts may depend upon the settlement time taken by the respective banks for the fund transfer. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Home Chef, including by deducting their charges from the payout amount. The amount payable to a Home Chef would be as per the number of Foodies who booked 36 hours prior to the feast time.
If a Home Chef owes or agrees to pay any amount to FeastBy (whether as a result of your bookings or actions as a Foodie or otherwise), then FeastBy may (but is not obliged to) withhold the amount owing to FeastBy from any payout amounts due to you as a Home Chef, and use the withheld amount to set-off the amount owed by you to FeastBy. If we do so, then your obligation to pay us will be extinguished to the extent of the amount withheld by us, and we will cease to owe to you any obligations (including, but not restricted to, any obligation to pay you) with respect to the amount withheld.
Booking request for a particular feast will close 36 hours prior to the feast time. The feast will not be visible on the platform 36 hours prior to the feast time. A Home Chef will get 12 hours from the time of the booking request to accept or decline the booking request. Failure in doing so will attract penalty and may lead to Home Chefs getting expelled from the website, at the sole discretion of FeastBy.
Further, the Foodie will get 12 hours from the time of the booking request being accepted by the Home Chef to make the payment. Failure of doing so will automatically mean a cancellation of the Feast request sent by the Foodie.
FeastBy will charge service tax or goods and services taxes (GST) or any other taxes as may be applicable from time to time, on the Service Fees amount that we charge over and above the Base Price. FeastBy will also collect value added taxes (VAT) or goods and services taxes (GST) or any other taxes as may be applicable from time to time, on behalf of the home chef through our platform along with our Service Tax or goods and services taxes (GST), as and when applicable. As a home chef, you have to take care of your own Tax reporting and fillings, and the same should be done in consultation with a tax advisor. Please note that each Home Chef is responsible for paying any applicable Taxes on the amounts collected by FeastBy on a Home Chef’s behalf. “Tax” or “Taxes” mean sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes as may be applicable from time to time, and other similar municipal, state and federal direct, indirect or other withholding and personal or corporate income taxes imposed on amounts collected from foodies.
13. Bookings and Financial Terms for Foodies
The Foodie must be a registered user with FeastBy, if he wants to send a booking request. He must complete the verification process including display picture, email address and a valid contact number. Once the Foodie completes the verification process, he is eligible to send a booking request. Booking request for a particular feast will close 36 hours prior to the feast time. A Home Chef will get 12 hours from the time of the booking request to accept or decline the booking request. Further, the Foodie will get 12 hours from the time of the booking request being accepted by the Home Chef to make the payment. A link will be sent by FeastBy to the Foodie, through which he can make the payment for the feast. As soon as the payment is made by the Foodie, he will get a confirmation email along with the venue details and other important details related to the feast.
A Foodie is expected to share all relevant information with Home Chef at the time of sending the booking request regarding your feast choices, allergies and other information that you consider useful. The cost which reflects on the website is the Total Amount. Payment to the Home Chef will be initiated within 4-5 days after the feast takes place. If a confirmed booking is cancelled, any amounts collected by FeastBy will be refunded to such Foodie, depending on the Refund and Cancelation Policy as detailed out later in these Terms of Service, and any pre-authorization of such Foodie’s credit card, debit card, bank, e-wallet will be released, if applicable.
You as a Foodie or Channel associate agree to pay FeastBy for the Total Amount for any booking requested in connection with your FeastBy Account. Please note that FeastBy cannot control any fees that may be charged to a Foodie or Channel associate by his or her bank related to FeastBy’s collection of the Total Amount, and FeastBy disclaims all liability in this regard.
14. Damage to property during a meal
As a Foodie or a Channel associate, you are responsible for ensuring that no damage is caused to the property of the Home Chef. You as a registered user will be responsible for the act of those you have made the bookings for as well. You acknowledge and agree that, as a Foodie or Channel associate, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to the feast. In the feast that a Home Chef claims otherwise and provides evidence of damage, including but not restricted to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. In situations in which you have been determined, in FeastBy’s sole discretion, to have caused damage to Home Chef’s venue, including, but not restricted to, in relation to any payment requests made by Home Chef and in relation to any payments made by FeastBy to Home Chefs, you agree to remit payment for any damage to the host venue accommodation to the applicable Home Chef or to FeastBy (if applicable).
Foodies, Home Chefs and Channels associates agree to cooperate with and assist FeastBy in good faith, and to provide FeastBy with such information and take such actions as may be reasonably requested by FeastBy, in connection with any complaints or claims made by registered users relating to Home Chef’s venue or any personal or other property located at an Home Chef’s venue or with respect to any investigation undertaken by FeastBy or a representative of FeastBy regarding use or abuse of the Website or the Services. If you are a Foodie or a Channel associate, upon FeastBy' s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Home Chef, at no cost to you, which process will be conducted by FeastBy or a third party selected by FeastBy or its insurer, with respect to losses for which the Home Chef is requesting payment from FeastBy.
15. Service Fees and Payments
In consideration for the use of FeastBy's online marketplace and platform, FeastBy charges a Service Fees. Where applicable, Taxes may also be charged in respect to the service fees. Service fees are, as noted above, included in the Total Fees.
FeastBy will remit balances to Home Chefs via Cheque, direct deposit or other payment methods.
The processing of payment may be carried out using particular online payment service providers. We reserve all the rights to add or modify the Online Payment Processors. The Online Payment Processors help you make payments in a secure environment via bank account, debit or credit card or e-wallet. We do not have any control or affiliations with such sort of Online Payment Processors. These are independent contractors and they do not share any agency relationship with FeastBy, therefore we will not be responsible for their performance or actions.
16. Cancellation & Refund
If a Foodie or channel associate cancels a booking 48 hours before the stated start time of the feast, the Foodie or channel associate will be refunded the entire amount minus payment gateway charges or bank charges and their taxes as applicable & the Home Chef will not be paid any amount. If the Foodie or channel associate cancels a booking within 48 hours of the stated time of the feast, the Foodie or channel associate will not be entitled a refund & the Home Chef will receive the full payment. In any case, FeastBy will not bear any bank charges or payment gateway charges and their taxes as applicable.
If a Home Chef cancels a booking, the entire amount will be refunded to the Foodie or channel associate within a commercially reasonable time, after the cancelation date. Additionally, FeastBy may charge the Home Chef a cancellation fee. A Home Chef will be barred from participating on FeastBy if he or she cancels 3 Meals in a 12 month calendar period.
The booking request will be considered cancelled if the Home Chef does not accept or decline the booking request within 12 hours from the booking request or if the Foodie or channel associate does not make the payment within 12 hours of the booking request being accepted by the Home Chef.
Foodies or channel associates booking shall be deemed canceled only upon receipt of FeastBy’s confirmation of their cancellation. A Foodie or channel associate will be barred from participating on FeastBy if he or she cancels 6 Meals in a 12 month calendar period.
FeastBy reserves the right to cancel a booking at any time upon returning full refund of booking amount to the Foodie or channel associate.
FeastBy shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Home Chef’s or Foodies or channel associates cancelation of a booking of feast.
Additionally, FeastBy reserves the right to charge back from Home Chefs the booking amount they received for organizing certain feasts, if upon the receipt of a complaint by a Foodie or channel associate with respect to such feast, it believes, at its sole discretion, that such feast was not compatible with FeastBy standards of service or in case of any misconduct of the Home Chef.
18. Intellectual Property Rights
The website, the FeastBy’s assets of proprietary and its content, all intellectual property rights related to, including, but not restricted to, patent, inventions, trade names, trademarks, trade secrets, service marks, whether registered or not or capable of getting registered (exclusion of UGC i.e. User Generated Content) (conjointly, “Intellectual Property”), are licensed and owned by the company and are safeguarded via applicable intellectual property, copyright laws and international conventions. All rights are not granted to you and these are reserved by the website and its licensors. The Terms allow you to use it in compliance with the terms. In Terms, nothing has a waiver of Website’s Intellectual Property mentioned under any law. Unless expressly permitted in the Terms of Service, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to FeastBy's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content.
The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that FeastBy 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 by FeastBy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
FeastBy may integrate commercials, advertisements and/or sponsored links, whether within or beside the Website. By clicking on the advertisements you may be transferred off FeastBy and to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and FeastBy makes no warranties or representations as to such advertisements, whether or not FeastBy has control over such advertisements. FeastBy, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying Registered user or not.
We welcome and encourage you to provide feedback, comments and suggestions for improvements of the Website and our Services. You may submit you Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of FeastBy and you hereby irrevocably assign to FeastBy and agree to irrevocably assign to FeastBy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FeastBy's request and expense, you will execute documents and take such further acts as FeastBy may reasonably request to assist FeastBy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
22. FeastBy Account Suspension and Termination
We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to suspend, deactivate or cancel your FeastBy Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your FeastBy Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Services, your FeastBy Account, your Registered user Content, or receive assistance from FeastBy Customer Service, (b) any pending or accepted future bookings as either home chef or foodie will be immediately terminated, (c) we may communicate to your foodies or home chefs that a potential or confirmed booking has been cancelled, (d) we may refund your foodie in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your foodies to inform them about potential alternate Feasts with other home chefs that may be available on the Website and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your FeastBy Account, (g) all possessions belonging to FeastBy, such as CCTV Camera, FSSAI Certificate, etc. will be taken from the Home Chef. You may cancel your FeastBy Account at any time via the "Disable Account" feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your FeastBy Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not restricted to, any reviews or Feedback.
We protect your safety. If you find any user who acts in an inappropriate manner or his behavior is violent, offensive, sexually ill, make sure you report the same instantly to the concerned authorities and to us at email@example.com.
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website and Services. By posting information in or otherwise using any communications service, message board, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information:
1. That is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not restricted to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. That victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. That infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. That constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. That contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, message boards, software libraries, or other interactive services that may be available on or through this Website. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
In addition, you may not use your FeastBy Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website or Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that FeastBy may at any time, and at our sole discretion, terminate your registered user-ship, account, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights, but not restricted to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of Website), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to FeastBy and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms of Service, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to FeastBy's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content.
25. Disclaimers of Warranties
If you choose to use the website, service or collective content, you do so at your sole risk. You acknowledge and agree that FeastBy does not have an obligation to conduct background checks on any user, including but not restricted to, Foodies, channel associates and home chefs, but may conduct such background checks at its sole discretion. To be legally acceptable, the website, the services, and the content offered is on an “with all discrepancies” “as is”and “as available” basis, and FeastBy, inclusive of its officers, directors, affiliates, vendors, agents & suppliers, licensors and employees, renounce all warranties, express, statutory or implied, inclusive of or not restricted to warranties of non-infringement or title or stated warranties of use, fitness or merchantability for a specific purpose and that are arising as per the usage of trade or dealing. You may possess added consumer rights within your local laws.
We do not assure that the website is or will be accurate, secure, complete, timely, without worms, defects, viruses, or free of errors and other harmful programs or components. There is no warrant from our end that we will make corrections in defects or errors in the website. We do not give any demo regarding the inability to operate, use or the results of the use of services, content, or other components of the website. The company hereby disavows all the conditions and warranties regarding the use of the website, including but not restricted to the reliability, availability or the quality of the website, we shall not be held responsible for any fault, mistake or error based on the information and content shown within the website.
FeastBy shall not be held responsible for attendance in any feast organized through our website and the services, including the quality of the food offered in such sort of feasts. We shall not be accountable of any mistake, error or fault for the information and content obtained via our website and services, including by the home chefs or foodies. The website does not advertise any product, service or entity specified in any content given by the users on the website. FeastBy does not give any assurance, representation or warranty regarding the scope, compliance or existence as needed or ordered via applicable regulations, rules and laws related to such feasts. We also disclaim such sort of warranties and representations, implied or denoted in this regard. You are solely responsible for all of your communications and interactions with other user of the website or service and with other persons with whom you communicate or interact as a result of you user of the website or service, including, but not restricted to, any Home Chef, Foodie or Channel Associate. Other than FeastBy, we are not liable for any service or item offered by any entity or an individual. We shall not be accountable for the results that you face due to technical issues (including without any interruption in the connection such as slow internet connection, servers overloads, traffic congestion, and delays) or any internet providers or telecommunication.
Third party service operators, their services are provided on as-is basis and FeastBy shall not be held accountable for any coalition with operators of third party, inter-alia: (a) any content/service supplied to or by any third party service operator; (b) any action or breach based on the content offered by service operators from any of third party; (c) the accumulation, use and processing of the data gathered by third party service operators; (d) your use of the services and tools offered by third party service operators; and (e) any contention that might emerge between you and the third party service operators.
You give your consent that the use of service, website and the content provided by user will be at your own risk.
Some jurisdictions do not permit the limitations or exclusions as proposed here, the complete limitations or exclusive of the above may not apply.
26. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website, services and collective content, your feast or its booking via the website and services, and any contact you have with other users of FeastBy whether in person or online, producing, or delivering the website, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computers damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the website, services or collective content, from any communications, interactions or meetings with other users of the website, or services or other persons with whom you communicate or interact as a result of your use of the website, services or from your feast or booking via the website and service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FeastBy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Home Chefs pursuant to these terms, in no event will FeastBy’s aggregate liability arising out of or in connection with these terms and your use of the website and service including, but not restricted to, from your feast or booking via the website and services, or from the use of or inability to use the website, services, or collective content and in connection with any feast or interactions with any other users, exceed the amounts you have paid or owe towards service fee for booking via the website and services as a Foodie or Channel Associate in the Twelve (12) month period prior to the event giving rise to the liability, or if you are a Home Chef, the amounts received by FeastBy by way of Service fees for bookings of feasts by you in the twelve (12) month period prior to the event giving rise to the liability, or One Thousand Indian Rupees (Rs.1,000/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FeastBy and you.
You agree to defend, indemnify and hold harmless FeastBy and its affiliates and subsidiaries, and their promoters, officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, including but not limited to attorney's fees arising from, arising out of or in any way connected with (a) your access to or use of the Website, Services, or Collective Content or your violation of these Terms; (b) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the website (c) your user Content; (c) your (i) interaction with any user, (ii) booking of a feast, or (iii) creation of a feast; and (d) the use, condition or consumption of a feast by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a consumption, booking or use of a feast.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations herein and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
28. Amendments to the Terms
29. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between FeastBy and you regarding the Website, Services, Collective Content, and any bookings or Feast made via the Website and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FeastBy and you regarding bookings or listings of Feasts, the Website, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without FeastBy's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FeastBy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
31. Dispute Resolution
These Terms of Service are governed by the laws of India. The courts in Delhi, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Service. Unless you have entered into an additional agreement with FeastBy that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and FeastBy which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator to be appointed by FeastBy. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise. The seat of arbitration shall be at Delhi.
Failure of FeastBy to enforce any of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will only be effective if given in writing and signed by a director of FeastBy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
33. Contact Information
Except as explicitly noted on this website, the services available through this website are offered by FeastBy Media Private Limited. Please contact us at firstname.lastname@example.org for any information regarding this Terms of Service.