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Terms of Service

This document is an electronic record and published in accordance with the provisions of the Information Technology Act 2000 and the rules thereunder and generated by a computer system and does not require any physical or digital signatures.

Welcome to Novasie Technologies Pvt. Ltd. (Fgito) ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our platform, which includes our website and related services (collectively, the "Platform"). The Platform connects users who seek to purchase Home Cooked/ Home-made food ("Customers") with Home Chefs who prepare and sell such food from their respective places ("Home Chefs"). By accessing, browsing, or using the Platform in any way, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease use of the Platform.

1. NATURE OF SERVICE

1.1 The Platform functions as an intermediary, facilitating the listing, discovery, ordering, and delivery of Home Cooked meals prepared by Home Chefs. The Company is not engaged in the preparation, production.

1.2 All food-related services are rendered exclusively by Home Chefs, who are independent third parties. The Company exercises no control over the preparation methods, ingredients, kitchen hygiene, or food handling practices.

1.3 The Company disclaims all liability arising out of or related to the food, including its quality, safety, legality, labelling, and compliance with health standards. All claims or grievances in relation to the food must be directed to the respective Home Chef.

2. OBLIGATIONS

2.1 The Company will list the Home Chef's menu and the price list on the Platform;

2.2 The company will display on the Platform, on a best effort basis, all necessary information provided by the Home Chefs. However, the company is not under any obligation to display any information until the Home Chefs provides all required information and such information is in compliance with the Company's policies and guidelines.

2.3 The Company will retain the right to change the rate of taxes on the Menu item list shared by the Home Chefs for listing on the Platform.

2.4 The Company will redress the Customers complaints in respect of the functioning of the Platform.

2.5 For the avoidance of doubt it is hereby expressly clarified that the Company is only responsible for providing:

I. a Platform to the Home Chefs to list, offer and sell the Home Chefs Services to the Customers and/or

II. Logistics Services.

2.6 The Company will not be responsible or liable for: -

I. the quality of the Home Chefs Services listed and advertised on the Platform; and/or

II. the processing of the Orders which have been placed by the Customers with the Home Chefs on the Platform; and/or

III. any delay in preparation of the Order by the Home Chefs.

2.7 The Company may suspend the Home Chef's account if the Home Chef is found non- compliant with the Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder from time to time.

2.8 The Company shall have the right to modify, suspend, or discontinue the Platform or any part thereof, including the availability of any feature, database, or content, at its sole discretion, without prior notice or liability.

2.9 The Company may undertake periodic verification of the Home Chefs' credentials, licenses, hygiene standards, and other statutory compliances, and reserves the right to delist or suspend any Home Chef who fails to meet such verification standards.

2.10 The Company shall make reasonable efforts to ensure uninterrupted availability of the Platform; however, it shall not be liable for any downtime or technical issues that may affect the listing or order processing, whether due to system maintenance, third-party service providers, or force majeure events.

2.11 The Company reserves the right to monitor communications and transactions conducted on the Platform for the purposes of fraud detection, consumer protection, and legal compliance, and may take necessary actions based on such monitoring.

2.12 The Company may collect feedback from Customers regarding the services of the Home Chefs and may, at its discretion, display such feedback on the Platform. The Company shall not be held responsible for the accuracy or content of such feedback, which is purely subjective and Customer- driven.

2.13 The Company may, from time to time, conduct promotional activities including discounts, offers, or marketing campaigns. The participation of Home Chefs in such activities shall be subject to separate terms and mutual consent.

2.14 The Company may require the Home Chefs to adhere to specific packaging and labelling standards (including allergen declarations and expiry dates) in accordance with applicable food safety laws and industry practices, and may audit or review compliance from time to time.

2.15 The Company shall not be deemed to be in a principal-agent, employer- employee, franchisor-franchisee, or partnership relationship with the Home Chef. Nothing in this Agreement shall be construed to create any form of employment, joint venture, or fiduciary relationship between the parties. The Home Chef shall be solely responsible for compliance with all applicable laws, including those relating to employment, taxation, and food safety.

2.16 The Company shall not be liable for any claims, losses, damages, liabilities, costs or expenses arising out of:

I. any false, misleading, or incomplete information provided by the Home Chefs;

II. any violation of applicable law by the Home Chefs, including food safety, licensing, and tax obligations;

III. any adverse health consequences to Customers resulting from consumption of food prepared by the Home Chef;

IV. any act or omission of the Delivery Partner or the Home Chef, including negligence, misconduct, or breach of Customer confidentiality.

2.17 The Company does not make any representations or warranties regarding the legality, quality, merchantability, fitness for a particular purpose, or safety of the food items offered by the Home Chefs. The Company disclaims all such warranties, express or implied, to the fullest extent permitted by law.

2.18 The Company shall not be responsible for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business, goodwill, or data, whether arising in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.

2.19 In the event any governmental authority or regulatory body initiates an inquiry, inspection, or proceeding concerning the operations or conduct of any Home Chef, the Company shall cooperate as required by law but shall bear no responsibility for the outcome or consequences of such inquiry.

2.20 The Company shall not be liable for failure to perform its obligations under this Agreement where such failure is caused by events beyond its reasonable control, including but not limited to acts of God, governmental actions, pandemics, cyberattacks, labour unrest, or internet outages (force majeure).

2.21 The Company shall not be liable for any defamatory, offensive, or illegal conduct of any Home Chef, Customer, or third party, and the risk of harm or damage from the foregoing rests entirely with the respective party.

2.22 Accuracy and Updating of Information:-

2.22.1 Home Chefs are obligated to maintain and provide accurate and updated information on the Platform, including but not limited to its name, address, contact details, menu, pricing, service hours, categorization of items, and applicable taxes.

2.23 Menu Classification and Responsibility: -

2.23.1 The Home Chefs shall clearly classify each menu item as either a Home Chefs or a sale of food and beverage items. The Platform will rely on the Home Chef's classification for legal and regulatory compliance. The Home Chefs shall indemnify the Platform against any losses arising from misclassification, misrepresentation, or incorrect disclosures

2.24 Ownership and Legality of Content: -

2.24.1 The Home Chefs represents and warrants that it owns, or has obtained valid licenses or authorizations to use, all content provided to the Platform, including names, logos, menu items, photographs, and other promotional or informational material. The Home Chefs shall ensure such content does not infringe any intellectual property or other rights of third parties or violate applicable laws

2.25 Order Fulfilment and Availability: -

2.25.1 The Home Chefs shall promptly prepare and fulfil all confirmed orders.

2.25.2 The Home Chefs shall disable the "Accepting Orders" status on the Platform whenever it is unable to fulfil incoming orders, the losses of which so incurred will be recovered by the Company if any.

2.26 Service Standards and Customer Experience: -

2.26.1 The Home Chefs acknowledges that repeated order rejections or service lapses may adversely affect customer experience. The Platform reserves the right to take corrective action as per its policies in response to such conduct.

2.26.2 Any customer-initiated modifications to an order communicated directly to the Home Chefs shall be promptly reported to the Platform.

2.26.3 If the Home Chefs accepts a cancellation request initiated via the Platform, it shall forfeit any claim to payment in respect of such cancelled orders.

2.27 Compliance with Food Law: -

2.27.1 The Home Chefs warrants that all food and beverages supplied: I. Are fit for human consumption; II. Comply with the Food Safety and Standards Act, 2006, and all associated rules, regulations, and guidelines; III. Adhere to all applicable national, state, and municipal laws governing food and beverage service

2.28 Optional Services: -

2.28.1 If the Home Chefs avails of any optional services offered by the Platform, it shall be bound by the separate terms and conditions governing such services, as communicated by the Platform from time to time.

2.29 Communication with Customers: -

2.29.1 The Home Chefs may contact customers only for the purposes of clarifying order details or addressing concerns in relation to an accepted order.

2.29.2 Under no circumstances shall the Home Chefs solicit additional payments from customers beyond the order amount agreed via the Platform.

2.30 Customer Grievance Redressal:-

2.30.1 The Home Chefs shall address and resolve complaints relating to quality, quantity, delivery, or failure to adhere to special customer instructions, particularly where delivery is undertaken by the Home Chefs itself.

2.30.2 The Home Chefs shall remove unavailable menu items from the Platform to prevent erroneous ordering.

2.31 Responsibility for Delivery: -

2.31.1 Where the Home Chefs does not avail of the Platform's logistics services, it shall bear full responsibility for timely and complete delivery of all customer orders.

2.31.2 The Home Chefs shall bear no liability in respect of order quality, order processing, or delivery delays where such services are not rendered by it.

2.31.3 Orders must be packed securely to prevent spillage or contamination during transportation

2.32 Complaint Management: -

2.32.1 The Home Chefs shall resolve customer complaints received via the Platform within the timelines prescribed by applicable consumer laws.

2.32.2 The Home Chefs shall remain solely responsible for resolving all complaints related to orders fulfilled by it.

2.33 Documentation and Compliance: -

2.33.1 The Home Chefs shall submit valid and updated copies of its PAN, TAN, GSTIN, FSSAI license, and other legally required certifications as may be requested by the Platform/Company.

2.33.2 Failure to comply may result in delisting or suspension of access to the Platform/ Company.

2.34 Packaging and Plastic Ban: -

2.34.1 Orders must be packed using spill-proof materials. The use of single- use plastic is strictly prohibited.

2.34.2 The Platform reserves the right to cancel any order packed in banned materials and recover any resulting losses, fines, or refunds from the Restaurant.

2.35 Readiness for Collection: -

2.35.1 Where logistics are provided by the Platform/ Company, the Home Chefs shall ensure that the order is prepared and ready at the time of pick-up by the delivery personnel. Delays may result in liability for customer refunds or penalties.

2.36 Customer Data and Marketing:-

2.36.1 The Home Chefs shall not misuse or exploit customer data. Unsolicited marketing communications are strictly prohibited.

2.37 Fraudulent Activities: -

2.37.1 The Home Chefs shall refrain from any form of fraud or abuse of offers. Any such conduct may result in suspension, termination, or legal action.

2.38 Charges to Customers: -

2.38.1 The Home Chefs shall not impose any delivery or payment gateway charges on customers unless the delivery is self-managed and such charges have been explicitly disclosed.

3. USER CONDUCT AND OBLIGATIONS: -

3.1 You agree to use the Platform for lawful purposes only and not to:

I. Violate any local, state, national, or international law or regulation;

II. Harass, defame, abuse, threaten, or harm other users, Delivery Personnel or Home Chefs, who are directly or indirectly associated with us;

III. Submit false, misleading, or defamatory content;

IV. Attempt to interfere with or disrupt the integrity or performance of the Platform;

V. Circumvent or manipulate our payment system.

3.2 You agree to provide accurate dietary restrictions and allergies when placing an order. The Company is not responsible for any consequences arising from the omission or misrepresentation of such information.

3.3 You shall not impersonate any person or entity or misrepresent your affiliation with any person or entity while using the Platform, including but not limited to using false email addresses or contact details.

3.4 You agree not to engage in any activity that could compromise the security or integrity of the Platform, including attempting to gain unauthorized access to any portion of the Platform, other user accounts, computer systems, or networks connected to the Platform.

3.5 You shall not use the Platform to promote or distribute unsolicited commercial messages, junk mail, spam, chain letters, or pyramid schemes.

3.6 You agree not to upload or distribute any content that contains viruses, malware, or other harmful code that may interfere with the operation or security of the Platform or the data of any user.

3.7 You acknowledge and agree that all transactions undertaken on the Platform are at your sole risk, and the Company shall not be responsible for any fraudulent transactions, including unauthorized use of your payment credentials.

3.8 The Company reserves the right to suspend or terminate your access to the Platform without prior notice if it reasonably believes that you have violated any of the terms set forth herein, or engaged in conduct that is harmful to the Company, Home Chefs, Delivery Partners, or other users.

3.9 You acknowledge that the Company does not guarantee the availability of specific Home Chefs or menu items at any given time, and you shall not hold the Company liable for any unavailability, delays, or order cancellations.

3.10 You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any rights of another.

4. ELIGIBILITY AND ACCOUNT CREATION: -

4.1 You must be at least 18 years of age and legally capable of entering into binding contracts under applicable law to register and use the Platform.

4.2 Users must create an account by providing accurate, complete, and up-to- date information, including but not limited to name, contact details, address, and payment information.

4.3 You are responsible for maintaining the confidentiality of your login credentials and are solely responsible for all activities that occur under your account.

4.4 The Company reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, without liability.

5. ORDERS, PAYMENT, AND CANCELLATION: -

5.1 Orders placed through the Platform are subject to acceptance by the respective Home Chef. Order confirmation will be communicated via the Platform.

5.2 Payments must be made through the Platform using the approved payment gateways. The Company may charge a service or facilitation fee which will be disclosed at the time of order placement.

5.3 The Company does not process or store your payment information. All transactions are securely handled by third-party payment processors.

5.4 Orders cannot be cancelled or modified once confirmed, unless specifically allowed by the Home Chef. Refunds are granted solely at the discretion of the Home Chef.

5.5 The Company is not responsible for delays, non-delivery, or cancellation of orders arising due to the actions or omissions of the Home Chef

5.6 In the event of any dispute arising from an order, including but not limited to quality, quantity, or delivery time, the Company shall not be deemed a party to such dispute and shall bear no liability thereof. Users are advised to directly resolve such issues with the concerned Home Chef, save and except where the Company, at its sole discretion, elects to intervene for facilitative purposes.

5.7 The User acknowledges and agrees that once an order is confirmed, the corresponding payment is deemed to be held in escrow by the third-party payment processor until completion of delivery, after which it is released to the Home Chef in accordance with the applicable disbursement cycle.

5.8 Any promotional offers, discounts, or credits offered on the Platform are non-transferable, non-encashable, and subject to such terms as may be prescribed by the Company from time to time. Misuse of such promotional benefits shall render the same void ab initio and may result in suspension or termination of the User's access to the Platform.

5.9 The Company reserves the right to suspend or cancel any order, in whole or in part, at its sole discretion and without incurring any liability, in cases where fraudulent, illegal, or suspicious activity is suspected, or where required by law or regulatory authorities.

5.10 Any refund, whether full or partial, if processed by the Home Chef or through the Platform, shall be subject to deduction of applicable charges, including but not limited to transaction fees, facilitation fees, or cancellation charges, unless otherwise waived by the concerned parties.

6. PAYMENT MECHANISM: -

6.1 Payment Options:-

The Home Chefs acknowledges and agrees that the Platform will offer the following payment options to Customers for the payment of the Order Value:

A. Cash on Delivery: Payment made in cash at the time of delivery;

B. Electronic Payment Mechanism: Payment made through digital modes, including but not limited to credit/debit cards, net banking, or mobile wallets;

C. Redemption of Vouchers and/or Discount Coupons: Payments made using vouchers, promotional codes, or discount coupons issued by or authorized by the Company.

7. DELIVERY AND RISK OF LOSS: -

7.1 The delivery of orders is facilitated by independent third-party logistics providers or delivery personnel ("Delivery Partners"). The Company does not guarantee specific delivery times, as these are subject to factors outside the Company's control, including but not limited to weather, traffic, or delivery route changes.

7.2 The risk of loss, damage, or deterioration of food items passes to the Customer upon successful delivery. Customers are strongly encouraged to inspect the food products immediately upon receipt for any visible damage, discrepancy, or contamination. The Company does not assume any responsibility for any food-related issues that arise after delivery.

7.3 If the food is delivered in a manner that deviates from the order (e.g., incorrect items, missing items), the Customer must report the issue to us which to the best of our capacity shall be rectified after confirmation from the concerned Home Chef and the Delivery Partner within a reasonable timeframe to initiate a resolution.

7.4 The Company shall not be held liable for any damages, losses, or delays resulting from circumstances beyond its control, including third-party delivery delays, adverse weather conditions, or acts of God.

8. CONTENT AND REVIEWS: -

8.1 Users may submit reviews, ratings, comments, and other User Content on the Platform, provided that such content:

I. Does not violate the rights of any third party, including intellectual property or privacy rights;

II. Does not contain false, misleading, or defamatory statements regarding any food products, Home Chefs, or the Company;

III. Does not promote illegal activities or endorse any harmful behavior.

8.2 The Company reserves the right to remove, modify, or block any User Content that, at its sole discretion, is deemed offensive, harmful, or in violation of these Terms or applicable laws. The Company is under no obligation to review or verify User Content before posting.

8.3 By submitting any User Content, you grant the Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, modify, adapt, distribute, display, and perform such content across all media and platforms now known or hereafter developed.

8.4 The Company may, at its discretion, verify or investigate User Content for authenticity, and may contact the Customer or third parties to address any disputes or claims related to the content submitted.

9. INTELLECTUAL PROPERTY: -

9.1 All content, logos, trademarks, trade names, software, and data (collectively, "Intellectual Property") available through the Platform are the exclusive property of the Company or its licensors and are protected by intellectual property laws, including copyright, trademark, and patent rights.

9.2 You may not, without the prior written consent of the Company, copy, reproduce, modify, display, distribute, or otherwise use the Intellectual Property for any commercial or unauthorized purpose.

9.3 You acknowledge that any unauthorized use of the Platform's content or intellectual property may result in civil or criminal liability.

10. DISCLAIMERS AND LIMITATION OF LIABILITY: -

10.1 The Platform and all associated services, content, and materials are provided on an "as is" and "as available" basis, without any warranty or representation of any kind, express or implied. The Company does not guarantee that the Platform will be error-free, uninterrupted, or secure

10.2 The Company makes no representations regarding the quality, safety, or legality of food ordered through the Platform and does not warrant that the food items comply with applicable health or safety regulations.

10.3 To the fullest extent permitted by law, the Company shall not be liable for any damages arising out of or in connection with the use of the Platform, including but not limited to indirect, consequential, incidental, special, punitive, or exemplary damages.

10.4 The Company's liability for direct damages shall be limited to the total amount paid by the Customer for the particular food item or service that gave rise to the claim.

11. INDEMNIFICATION: -

11.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, agents, contractors, and licensors from any claims, liabilities, losses, damages, expenses (including reasonable attorney fees), or judgments arising out of:

I. Your breach of these Terms or violation of applicable laws;

II. Any unlawful act or misconduct committed by you in connection with the use of the Platform;

III. Your failure to comply with any instructions provided by the Company.

11.2 The indemnification obligations herein shall survive the termination or expiration of these Terms.

12. TERMINATION AND SUSPENSION: -

12.1 The Company reserves the right to suspend or terminate your access to the Platform, at its sole discretion, without prior notice, if it determines that you have violated these Terms, engaged in unlawful conduct, or harmed the integrity or reputation of the Platform or its users.

12.2 Upon termination or suspension of your access, all rights granted to you under these Terms shall immediately cease, and you agree to immediately discontinue use of the Platform.

12.3 The Company may, at its sole discretion, reinstate access to the Platform for users whose accounts have been suspended or terminated, provided that such reinstatement does not conflict with applicable laws or regulatory requirements.

13. GOVERNING LAW AND JURISDICTION:-

13.1 These Terms shall be governed by and construed in accordance with the laws of State of Uttar Pradesh, without regard to its conflict of laws principles.

13.2 You consent to the exclusive jurisdiction of the courts of Lucknow, and any legal action arising out of or in connection with these Terms shall be brought exclusively in such courts.

13.3 Any disputes related to these Terms shall be resolved through binding arbitration, conducted in Lucknow, under the rules of Arbitration and Conciliation Act, 1996, if the parties fail to resolve the dispute amicably.

14. AMENDMENTS: -

14.1 The Company reserves the right to modify, update, or amend these Terms at any time. Such modifications will be posted on the Platform, and the revised Terms will become effective immediately upon such posting unless otherwise specified.

14.2 Your continued use of the Platform following the posting of any modifications to these Terms shall constitute your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Platform.

15. PRIVACY AND DATA PROTECTION: -

15.1 The Company is committed to protecting your privacy and handling your personal data in compliance with applicable data protection laws. For further information on how we collect, use, and protect your data, please refer to our Privacy Policy.

15.2 By using the Platform, you consent to the collection, use, and processing of your personal data in accordance with the Privacy Policy.

15.3 The Company is committed to protecting your privacy and handling your personal data in full compliance with applicable data protection laws, and other relevant national and international data protection regulations. The Company ensures that personal data is processed in a manner that respects your fundamental rights and freedoms.

15.4 The types of personal data we collect may include, but are not limited to, your name, contact details, payment information, demographic information, and location data. We may also collect technical data related to your device or interaction with the Platform, such as IP addresses, Home Chefs, and usage patterns.

15.5 By using the Platform, you consent to the collection, use, processing, and storage of your personal data as described in our Privacy Policy. This includes consent to our use of Home Chefs or similar tracking technologies, where applicable, to improve your user experience, personalize content, and monitor website performance.

15.6 Your personal data will be processed for the specific purposes outlined in our Privacy Policy, including but not limited to providing and improving our services, processing transactions, communicating with you regarding your account, and complying with legal obligations.

15.7 You have the right to withdraw your consent at any time, where applicable, by following the process outlined in our Privacy Policy. Withdrawing consent may, however, affect your ability to use certain features of the Platform.

15.8 In accordance with applicable law, you have the right to access, correct, or delete your personal data, as well as to restrict or object to certain types of processing. You may also request the transfer of your data to another service provider where technically feasible.

15.9 The Company will take all reasonable steps to ensure that your personal data is accurate and up to date. If you believe that your personal data held by the Company is inaccurate or incomplete, you may contact us to request a correction.

15.10 We may share your personal data with third-party service providers, contractors, or partners who assist in providing the services offered through the Platform. Such third parties will only have access to your personal data to the extent necessary to perform their services and will be bound by confidentiality obligations.

15.11 The Company will take appropriate technical and organizational measures to ensure the security of your personal data and to protect it from unauthorized access, disclosure, alteration, or destruction. However, no data transmission or storage system can be guaranteed to be 100% secure, and you acknowledge that the Company cannot guarantee the absolute security of your personal data.

15.12 The Company retains your personal data for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, or as otherwise outlined in the Privacy Policy. If we no longer require your personal data for the specified purposes, it will be securely deleted or anonymized.

15.13 By providing us with your personal data, you confirm that all data provided is accurate, up-to-date, and that you are authorized to provide such data. You also confirm that you have the necessary consent from third parties whose personal data you may provide, if applicable.

15.14 If you have any questions or concerns regarding our data protection practices, or wish to exercise any of your data protection rights, please contact our Data Protection Officer (DPO) or refer to our Privacy Policy for further instructions on how to make such requests.

15.15 The Company reserves the right to amend its Privacy Policy from time to time. Any such changes will be communicated to you through appropriate channels, and your continued use of the Platform after such amendments constitutes your acceptance of the updated Privacy Policy.

16. FORCE MAJEURE: -

16.1 The Company shall not be liable for any delay or failure in performance under these Terms caused by events or circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, government regulations, or technical failures.

16.2 In the event of a force majeure occurrence, the Company will notify you as soon as reasonably possible, and the parties will agree on alternative arrangements, if applicable.

17. Severability: -

17.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement: -

18.1 These Terms, together with the Privacy Policy and any other legal notices or agreements published on the Platform, constitute the entire agreement between you and the Company regarding your use of the Platform. In the event of any conflict between these Terms and any other document, these Terms shall prevail.

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