This document is an electronic record in terms of the 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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms for access of gharkiyaad.in website and other Ghar Ki Yaad applications.
The following Terms of Use “Terms of Use” govern your use of and purchase of Products from our website (www.gharkiyaad.in), application for mobile / tablets (“referred to as Ghar Ki Yaad applications” or “Platform”). These terms will apply to all our present and future Users of the Platform.
1.1Please note that by viewing, using, accessing, browsing, creating an account with, submitting content to, accessing any services or features available or enabled by, or submitting any content or material via Ghar Ki Yaad applications, you agree to these Terms of Use as a binding legal Agreement between you and our Platform, without limitation or qualification. If you do not want to be bound by these terms and conditions, you should immediately stop using our Platform.
1.2 We may from time to time change the terms that govern your use of our Platform. Such will be effective immediately upon notice, which may be posted as a modified Terms of Use on the Platform or shared via email.
1.3 By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and policies (including but not limited to Cancellation & Refund Policy, Privacy Policy) as may be posted on the Platform from time to time.
2.1 The Platform is owned and operated by DreamSavour EzSolutions LLP a firm registered under the LLP Act, 2008 having LLPIN: AAV-9729 and its registered office at 3e/82, Kalpataru Aura, Ghatkopar West, Mumbai 400086, Maharashtra India. For the purpose of these Terms of Use, wherever the context so requires, "You",” Your" , or “User” shall mean any natural or legal person who shall access, browse, create an account, submit content, access, use, transact or avail any services or features made available through Ghar Ki Yaad Platform, whether as a registered or unregistered user using any computer systems or mobile devices. The terms "Ghar Ki Yaad", "we", "us" or "our" shall mean DreamSavour EzSolutions LLP.
2.2 The Platform facilitates online ordering of food from home chefs who prepare the same at their home kitchens (referred to as “Home Chefs” or “Home Chef”) by registered user who places the order of food product (referred to as “Customers”) on the Ghar Ki Yaad applications.
2.3 Ghar Ki Yaad enables transactions between participating Home Chefs and Customers through the Platform. The Home Chef will list a variety of dishes / meals (referred to as “Products” or “Product”) under a menu which will be shared on Ghar Ki Yaad applications. Customers will be able to view and order from the Home chef on Ghar Ki Yaad applications. The payment for the order will be collected from the customers on behalf of the Home Chef through online modes. Ghar ki Yaad will also facilitate delivery of the order by tying up with third party providers (henceforth referred to as “Delivery partner”) who will collect the food orders from the Home Chef and deliver the same to Customers.
2.4 Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use, you shall immediately discontinue its use. The Platform reserves the right to terminate or deny access to the platform if it is brought to the notice of the Platform that you are under the age of 18 years.
2.5 You shall not assign or transfer or purport to assign or transfer the Agreement between you and us to any other person.
You may access the Platform either by (a) viewing our offerings as a guest without registering or signing up (b) register or signup to create an account (“Account”) and become a Registered User. By sharing certain information with us, including but not limited to Customer’s (i) first and last name (ii) mobile number; and (iii) email address (referred to as “registration data”).
3.1 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
3.2 You can register your account or later sign in with your mobile number as user id and through an One Time Password (OTP). You agree that you will not disclose your OTP to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account. You are responsible for maintaining the confidentiality of the Account, and are fully responsible for all activities that occur under your account.
3.3 Products purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
3.4 You understand that some types of Products may not be suitable for certain Users. It is your sole responsibility to check whether the Product you are ordering is suitable for the intended recipient.
3.5 For details regarding use, collection, storage of your personal data refer to our privacy policy.
5.1 The Platform enables a user whether registered or unregistered to view the Products on offer as placed by the Home Chefs and place Orders and upon acceptance of such Orders by the Home Chefs, the Platform will, subject to the terms and conditions set out herein, facilitate the delivery of the Products with the help of a Delivery Partner.
5.2 The Customer will be able to view and browse through the Products shared by Home Chefs along with details provided by them including but not limited to the price of the Product (“Gross Price”), type of food whether vegetarian or non-vegetarian, portion it serves, brief description of the Products. Gross Price may be also referred to on Ghar Ki Yaad applications as “Item Total”. These are shared on the Platform to enable Customers to take an informed decision while booking their order. The Home Chef may choose to change the Gross price of any Product from time to time and such change of Gross Price is at the sole discretion of the Home Chef depending on the factors as deemed appropriate by the Home Chef including but not limited to cost of ingredients or change in cost of preparation.
Disclaimer: Prices on any Product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Home Chef be incorrectly reflected and in such an event Home Chef may cancel Customer’s Order.
5.3 The information provided with respect to the Product is solely the prerogative of the Home Chefs and the Platform will not play any role on the same.
By placing the order through the use of Ghar ki Yaad Platform, you grant us unconditional and irrevocable authorization to place online orders for products against Home Chefs on your behalf. We shall verify the order request and forward the same to the Home Chef, who may or may not accept it.In case the Home Chef is unable to accept your order request, we shall intimate you the same, and shall initiate a refund against your order as per our refund policy. If applicable.
Any order that you place with us by use of Ghar Ki Yaad applications is subject to product availability, delivery capacity and acceptance by delivery partner and acceptance by us and the participating Home Chef.
5.4 The images and colors displayed on the Platform do not necessarily represent or depict actual Product offered by Home Chef and are at best an estimate on how the product may look or appear. Product images are subject to change without notice. However, all Product images solely belong to Ghar Ki Yaad and in some cases to the Home Chef and you cannot download or reuse the same for any personal or professional use.
5.5 Orders placed by Customers can be a one-time order of a Product from the Menu on weekdays (referred to as “Regular orders” or “Ala Carte” or a daily order for a defined number of days (referred to as “Subscription Orders”).
5.5.1 For Subscription Orders there will be a standard price for a type of Subscription which may have only a select set of Home Chefs participating in the same (as per the choice of Home Chefs). This depends on the type of food like Vegetarian or Non-Vegetarian, portion, number of days of subscription and the Menu grade level of Home Chefs basis the Menu on Offer (Classic or Premium).
5.5.2 The Platform will neither promote nor recommend any Product to the Customer but will allow the reviews of customers to be posted and shared to enable an informed decision making on the ordering process.
5.5.3 All Orders will be for a defined future date and time of meal (“Pre Order”) as marked by the Home Chef. For eg - On 10th July, Customer can book an Order for Lunch 15th July if the Home Chef has put up the Products for the same for 15th July.
5.5.3.1 The Pre order can happen for Order date + 1 day to upto the next 7 days provided the Chef has put up the menu for these particular dates. (For Eg on 10th July Customer can book an order for dates between 11th July to 17th July).
5.5.3.2 Each Order will be shown with the Date and time of the day (Lunch or Dinner or both) on which it is available for the Customer to plan and place an order accordingly.
5.5.3.3 The Customer will have the choice to choose a time slot for delivery for either Lunch or Dinner depending whether the Home Chef has put up the Products for the same.
5.5.3.4 There will be a Customer cut off time beyond which the Platform will not accept any Order for the next day (“Customer Cut-off time”). This will be clearly defined on the Platform. For eg for an order to be placed for 11th July Lunch there will be a Customer Cutoff time by which the Order will have to be placed on 10th July. This is to enable sufficient time to be given to the Home Chefs to procure and prepare the Products. The Customer Cut off time is mentioned in Annexure.
5.5.3.5 Orders will be confirmed by the Home Chef post the Customer placing an Order. In case the Chef does not confirm on the Order due to any emergency or unavoidable reasons, the Order will get cancelled and the Customer will be informed about the same on the Platform and also via SMS. The Cancellation and Refund process for the same will be done as per the Cancellations & Refund Policy.
5.5.3.6 Any Order cancellations initiated by the Customer is covered in the Cancellations & Refund Policy
5.5.3.7 The Platform or its partners/agents may also contact you by phone and / or email to inform and confirm any change in the Order, due to unavailability of Products or ingredients required for the Product as informed by the Home Chef. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that the Platform reserves the right to not to process the Customer’s Order in the event Home Chef or Delivery Partner is unavailable, and the Customer is not reachable on the phone or any other means of communication at the time when we call you for confirming the Order and for such an event the provisions of the Cancellation and Refund Policy shall be applicable.
5.5.4 While placing an Order Customer will need to Register or Sign in with to create his/her Account.
5.5.4.1 The Customer will have to share the Customer’s address for Delivery (“Address”). The Addresses shared by the Customer will be stored in his Account details and can be used when the Customer is placing an Order in future as well to ease out the Order booking process. The Customer will have to ensure that the Address is accurate along with any landmarks which will help in the Order delivery by the Delivery Partner. Any Order which gets undelivered by the Delivery Partner due to inaccurate or incomplete information on Address or lack of access to the same will be the sole responsibility of the Customer (Please refer to the Cancellation and Refund Policy for the same).
5.5.4.2. The Platform will facilitate the payment for the Order (“Payments”) for an electronic payment with any RBI approved payment modes including but not limited to credit / debit card or net banking or UPI as available with our Third-party online payment processor. This Payment will be collected for (i) the Order on behalf of the Home Chef for the Gross Price of the Order as shared on the Platform (ii) Fees for facilitating the delivery as charged by the Delivery Partner (iii) the packaging charges for the Order(iv)taxes as per the governments regulations There will be no Cash on Delivery option for placing the Order.
5.5.4.3 The Customer shall not, under any circumstances whatsoever, make any payment directly to the Home Chef for Order bookings or to the delivery Partner for delivery of the Order.
5.5.4.4 In connection with Customer placing the Order, the Customer will be asked to provide customary billing information such as name, billing address and credit card information to our third-party payment processor. Customer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms of Use, using the methods described above and hereby authorizes the collection of such amounts by charging the credit card or net banking or any other authorized payment instrument provided as part of requesting the booking, via a third-party online payment processor or by one of the payment methods described on the Platform. The Customer will be directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the third-party processor services. Once the Order is placed you will receive a confirmation communication via email or SMS or on the Ghar Ki Yaad applications summarizing the Order booking.
5.5.4.5 The Customer will be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Customer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e., in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Customer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Customer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. The Platform expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
5.5.4.6. If you are using a promotion or a discount code, please enter it at checkout to receive a discount. Only one promotion or discount code may be used per order. The Platform reserves the right to create, amend, and enforce said terms, conditions, and restrictions for the promotions. The promotions can be any special offer given to select Customers or on select channels for a defined period and will be done from time to time. This will be done in the form of a Promotion code.
5.5.4.7 Taxes will be charged as per the information provided by the Home Chefs and the Delivery Partner. The invoice will contain a break up of all taxes as applicable for the Products ordered, delivery of Order and packaging charges.
5.5.4.8 Please refer to the Cancellation and Refund Policy for cancellation and refunds terms for the Orders placed on the Platform.’
5.5.5 Delivery of Order
5.5.5.1 We will be delivering in select locations within a city which will be facilitated by Delivery Partner(s). (Currently we are in Mumbai only). We will be expanding our delivery area and notifying our users through external communication and updates on our website. The Platform will contact you via call, SMS or email should there be a change in delivery schedule due to holidays or logistic limitations or circumstances beyond the control of the Platform.
5.5.5.2. Our Delivery partners will deliver on the Address shared by you. Any Order which gets undelivered by the Delivery Partner due to inaccurate or incomplete information on Address or access to the same will be the sole responsibility of the Customer (Please refer to the Cancellation and Refund Policy for the same).
5.5.5.3 The Customer shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of no delivery due to any act or omission attributable to Customer, the Order shall be deemed to have been delivered to the Customer and all risk and responsibility in relation thereto shall pass to the Customer without being entitled to any refund. Please refer to our Cancellations and Refund policy for the same.
5.5.5.4 The Customer understands that the delivery time slot requested at the time of placing the Order is an approximate estimate and may vary based on the information obtained from Delivery Partner and Home Chefs. There could be a reasonable delay on the Order time slot due to weather, traffic and other factors that are outside of their control.
5.5.5.5 If you think the contents of the Order have been tampered with or are not the same as what was originally placed as part of the Order, please let us know as soon as possible. We will review the same on case to case, basis our discussions with our Delivery Partner and Home Chefs and initiate in accordance with our refund policy.
5.5.5.6 Once the Order is delivered, the Customer needs to consume the Product on the same day within appropriate time and take care to maintain the freshness of the product and keep the same refrigerated until consumed to avoid contamination if any.
5.5.5.7 The Platform does not have any liability for the product which is prepared by the Home Chef. Any feedback on the quality, appropriate quantity shared by the Customer will be passed on to the Home Chef. The Home Chef will ensure that the food is prepared for the Customer with appropriate hygiene standards and items prepared are in accordance with the Product listed in the Menu.
5.5.5.8 Customers may not be able to avail Services if their delivery location is outside the Platform’s current scope of Service. The Platform will keep the Customer informed of the same at the time of confirming his/her Order booking.
5.5.6 The Customer agrees and acknowledges that the Platform is not responsible for:
5.5.7 You agree and grant permission to the Platform to receive promotional SMS and e-mails from the Platform or allied partners. Please refer to our Privacy policy for the same.
6.1 The Platform does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
6.2 We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform.
Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof (including upgrades or updates designed to correct issues with the Platform).
6.3 We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
6.5 From time to time there may be information on Ghar Ki Yaad Applications that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order).
7.1 The platform may be under constant upgrades, and some functions and features may not be fully operational. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
7.2 We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
7.3 You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchant’s/ payment delivery partner services/Home Chefs.
In accordance with clause 3.4 Ghar Ki Yaad will not be liable to any harm causes therefrom.
7.8 DreamSavour EzSolutions LLP may assign or transfer any of its rights or obligations under these Terms of Use to any of its affiliates or any third party at any time.
7.9 Notwithstanding any provisions mentioned, the liability of Ghar Ki Yaad shall not exceed the total value of the order.
7.10 Any certification, licenses or permits ("Certification") or information in that regard may be displayed on the Home Chef's listing page on the Ghar Ki Yaad Applications is for informational purposes only. Such Certification is displayed by Ghar Ki Yaad on an 'as available' basis that is provided to us by the participating Home Chef(s). Ghar Ki Yaad does not make any warranties about the validity, authenticity, reliability and accuracy of such Certificate.
8.1 Ghar Ki Yaad is the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub licensable right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
8.2 You will not copy or infringe on the logo, marks , brand name of the Platform or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world.
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the prevailing laws of the country, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and modified in accordance.
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Mumbai, India.
This Agreement is effective unless and until terminated by either you or the Ghar Ki Yaad Platform. We may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if we in our sole discretion feel that you fail to comply with any term or provision of this Agreement. You may terminate this agreement by not using this Platform or Ghar Ki Yaad applications. Upon any termination of this Agreement by either you or Ghar Ki Yaad Platform, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. Notwithstanding the Termination any outstanding dues/ refunds to be paid with regards to the Cancellation and Refunds policy will be cleared by the Platform
Annexure 1
Customer cutoff time for Orders :
For example if Order is for Dinner for 10 July then the Customer cutoff time for the same will be 4pm of 9th July.
Last updated on 2nd August 2021