Terms and Conditions

Last Updated: 16th July 2019

 

Welcome to our website.

These terms and conditions of use (‘’Terms of Use’’) of the Kooker website, is a legal agreement (“Agreement”) between Cuisinier Arcon Pvt. Ltd., company registered under the laws of India having its offices at #401 Janaki Ramchandra , opp Navi Peth Talim, Sadashiv Peth, Pune 41130 and yourself/yourselves. If you continue to browse the website and/or use the mobile application you are agreeing to comply with and be bound by the Terms of Use.

If you do not agree with the Terms of Use, please do not access and use this Website / Application (as hereinafter defined).

 

Definitions

“Kooker”, “we”, “our” and “us” shall mean kooker.in;

“You”, yourself / yourselves and “your” shall mean a User, who meets the eligibility criteria set out below;

“Application” shall mean the application supplied by Kooker browse by you on your single mobile device (smart phone);

“cook” or ‘’chef’’ shall mean the chef engaged by you by using our Website; “Force Majeure” shall have the meaning as set out in Clause VII;

“Service” or “Services” shall mean the service of providing cook/chef via the /Website as defined in Clause I;

‘’User’’ or ‘’Users’’ shall have the meaning as set out in Clause III; and ‘’Website’’ shall mean the website www.kooker.in.

These Terms of Use may be modified from time to time in our sole discretion. It is your responsibility to review these Terms and Conditions from time to time. If you continue to use the Service after notice of change has been intimated or published on our Website, you thereby provide your consent to the changed practices on the same terms hereof. For this reason, we encourage you to review these Terms of Use each time you access and use the Website. Most content and some of the features on the Website are made available to Users free of charge. However, Kooker reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice.

If you are not agreeable to these Terms of Use, you may not use the Services, the Website

 

Services Description

Kooker provides a technology-based service which enables the hiring of chef by a person for cooking Service, within a given range by the Website. The Service is designed to offer you information and a means of obtaining a chef for cooking solutions to you, at your request. As a User, you authorize Kooker to operate your kitchen and make food on your behalf during a period of time designated by you.

 

Use of Service and Website

The Website allows you to send a request for Service of chef. by giving you address , which should be provided by you on our Website, shall detect your location and shall send your location information to the relevant chef. kooker has sole and complete discretion to accept or reject each request for providing the Service. kooker also has sole and complete discretion over whether to use the Website to receive the leads generated through the Website. If Kooker accepts a request, the Website notifies you and provides information regarding the chef – including his name and the ability to contact the chef by telephone or a message.

Kooker shall undertake commercially reasonable efforts to bring you into contact with a chef in order to avail the Services, subject to the availability of chef in or around your location at the moment of your request for the Services.

Kooker itself does not provide grocery services. It is up to the User to offer grocery to cook. Kooker only acts as intermediary between the chef and you. The provision of the Services by the chef to you is, therefore, subject to the agreement (to be) entered into between the chef and you. Kooker shall under no circumstance be a party to such agreement. Kooker disclaims any and all liability in respect of the chef’s including any claims of employment or any vicarious liability arising out of the Service or otherwise.

 

User Eligibility and Agreement

User means any individual or business entity/organization that legally operates in India or in other countries, and uses and has the right to use the Services provided by Kooker. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must not be a minor as per Indian Law; i.e. User(s) must be at least 18 years of age to be eligible to use our Services.

Kooker advises its Users that while accessing the Website, they must follow/abide by the applicable laws. Kooker may, in its sole discretion, refuse the Service to anyone at any time.

This Agreement applies to all Services offered on the Website, collectively with any additional terms and condition that may be applicable.

 

Registration

To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.

 

Representations and Warranties

As a precondition to your use of the Services, you represent and warrant that:

The information you provide to Kooker is accurate and complete. Kooker service is only available for private use for non-commercial purposes within the limits as designated on our Website. You will ensure that Kooker service is being utilized only for non- commercial purposes in your home. Kooker is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Website without providing reasons.

You will only access the Service using authorized means. You are responsible to check and ensure you have opened the correct Website in your computer. Kooker shall not be liable if you do not have a compatible mobile device. Kooker reserves the right to terminate the Service and the use of the Website should you use the Service or Application with an incompatible or unauthorized device.

You have the legal right and authority to possess and operate the kitchen engaging our Services and you confirm, represent and warrant that the said kitchen is in good operating condition and meets the safety standards and all applicable statutory requirements for cooking.

You will be solely responsible for any and all liability which results from or is alleged as a result of the condition of your kitchen, l, etc., including, but not limited to, personal injuries, death and property damages.

You will be solely responsible for the full functionality of your kitchen items. If your kitchen items fail to function (electrical, mechanical or other) in any way while the Services are being availed of by you, you will be responsible for all storage assistance, and repair of any kind and neither Cuisinier Arcon Pvt. Ltd./ Kooker nor the chef shall be responsible in any manner whatsoever. You have the legal right to designate the Chef as your agent and delegate actual authority to the Chef to operate and cook at your kitchen and make decisions on your behalf for the purposes of providing Services offered through the Kooker platform.

You are named or scheduled in the address you use when engaging our Services.

You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your kitchen to cover any anticipated losses related to your participation in the Services or the operation of your kitchen by the Chef. In the event of an accident, you will be solely responsible for compliance with any applicable statutory or department requirements and for all necessary contacts with your insurance provider. Other than any personal criminal liability attaching to the Chef you will be solely responsible for all consequences arising out of the use of the Service or the Chef. In any event, Kooker shall have no responsibility or liability on this account whatsoever.

You specifically authorize us to use, store or otherwise process your ‘Sensitive personal data or information’ (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law all information provided to us by you shall be deemed to be our information to use as we desire.

You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.

 

Date Start and Cancellation Policy

Kooker usually takes 2 working days to assign a Chef at your doorstep we will provide all the detail of Chef assign to you please verify his detail provided by us before giving authority to cook at your kitchen.

You may change Chef within one week if you do not like his service, without any charges for all Services. It may take another 2 days to assign you a new chef, depending on availability.

 

Payment

You have to make a payment in advance in order to avail the services. During checkout, you have to choose the date when you want to start the service. You can’t deal financial matters direct with Kooker’s Chef as it violates our policy and then we would not be liable for his service and attitude towards you or if he took absent. We may even cancel your subscription plan to prevent abuse. We take extraordinary care to ensure that you can pay from multiple online payment options available on the website including debit card, credit card, UPI, etc.

 

Limitation of Liability

The information, recommendations and/or Services provided to you on or through the Website are for general information purposes only and do not constitute advice. Kooker will take reasonable steps to keep the Website and its contents correct and up to date but does not guarantee that the contents of the Website are free of errors, defects, malware and viruses or that the Website are correct, up to date and accurate.

Kooker shall not be liable for any damages resulting from the use of, or inability to use, the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website.

Kooker shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Kooker’s aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.

The quality of the Services requested through the use of the Website is entirely the responsibility of the Chef who ultimately provides such cooking services to you. Kooker under no circumstance accepts liability in connection with and/or arising from the Services provided by the Chef or any acts, actions, behavior, conduct, and/or negligence on the part of the Chef.

We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ( “Force Majeure” ).

If we have contracted to provide identical or similar Service to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill by providing the Service, and to what extent.

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held

liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.

In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Kooker reserves the right to seek compensation from any and all such Users.

Kooker does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “Content”) contained on, distributed through, or linked, downloaded or accessed from or contained on the Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

Offers are subject to Kooker’s discretion and may be withdrawn at any time and without notice.

 

Intellectual Property Rights

Kooker is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Kooker.

All rights, not otherwise claimed under this Agreement or in the Website , are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

You may access the Website, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission of Kooker.

Copyright

All content on this Website is the copyright of Kooker except the third party content and link to third party website on our Website, if any.

Systematic retrieval of Kooker content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Kooker is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. Kooker reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Kooker believes that User’s conduct is harmful to the interests of Kooker, its affiliates, or other Users, or for any other reason in Kooker’s sole discretion, with or without cause.

 

User Accounts, Offers and Promotions

Kooker reserves the right to collect User data including name, contact information and

other details to facilitate Services or use of its platform to avail Services. All information collected from the User is on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.

User accounts bearing contact number and email IDs are created and owned by Kooker. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.

In the case where the system is unable to establish a unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Kooker reserves the full discretion to suspend a User’s account in the above event and does not have the liability to share any account information whatsoever.

 

Links to Third-Party Websites

Links to third-party sites are provided by the Website as a convenience to Users and Kooker does not have any control over such sites i.e., content and resources provided by them.

Kooker may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Kooker has no control over such third party’s site, does not monitor such sites, and Kooker shall not be responsible or liable to anyone for such third-party site, or any content, products or services made available on such a site.

 

Termination

Kooker reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Kooker and/or other Users to the Website. Kooker reserves the right to limit, deny or create different access to the Website and its features with respect to different Users.

We reserve the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability: (i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services (or any part thereof); and / or (vi) in case of interference with use of our Website/Application by others.

In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website without the written consent of Kooker.

This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any

third party for taking any of these actions.

Notwithstanding the termination of this Agreement, you shall continue to be bound by the terms of this Agreement in respect of your prior use of this Website and all matters connected with, relating to or arising from such use.

 

Terms and Conditions for Use of Services

The following terms & conditions shall apply to Users utilizing the Services offered by Kooker

The User shall pay the subscription fees (as displayed in the Kooker website) to start the service

On Website, charges (where applicable), on the plan you choose area you live as the charges depends on the area and we may increase the price if we needs to increase

The User agrees and accepts that the use of the Services provided by Kooker is at the sole risk of the User, and further acknowledges that Kooker disclaims all representations and warranties of any kind, whether express or implied. All Services are provided “AS IS”.

The Kooker or the Chef has the right to refuse the Service in the following circumstances:

if the User is found to be in an intoxicated state or is found misbehaving with our Chef, or is causing a nuisance;

if the User is misusing, soiling or damaging any of the devices (technical/non-technical) of the Chef; and if the User asks the Chef to do those act which are not included in your plan The Kooker’s Chef has the right to refuse such a request by the User.

Without prejudice to the above, Kooker makes no representation or warranty that:

the Services will meet the User’s requirements; and the Services will be uninterrupted, timely, secure, or error-free.

The information on this Website is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall Kooker be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. If any User gets ill due to grocery provided by you due to expiry or any condition, Kooker will not be liable for any compensation. As its the duty of user to check items which he provides Chef for cooking

Kooker is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User uses the mobile phone to make a booking. The location-based information will be used only to facilitate and improve the probability of locating a Chef for the User.

Kooker shall be entitled to disclose to any government body the particulars of the User in the possession, in its absolute discretion.

Kooker shall be entitled at any time without giving any reason to terminate the booking of Chefs done by the User.

If the User has any complaints in respect of the Services or the use of the Chef, the User has to inform Kooker of the same in writing within 24 hours of using the Chef or the Services.

Kooker shall not be liable for any conduct of the Chefs. However, Kooker encourages you to notify it of any complaints that you may have against any Chef or the Services.

 

Insurance and Damage to Property

We do not procure insurance for, nor are we responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include gas stove, kitchen equipment, etc. or other similar device or, any kitchen equipment within the kitchen or any other accessories of any kind. It is your responsibility to ensure that you remove any personal belongings from the kitchen or his working area before and after each Chef service arranged through Kooker.

 

Indemnity

The User shall defend, indemnify and hold, Kooker, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with the:

violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein; violation of any rights of any third party, including the Chef via Website; and use or misuse of the Website or Service.

 

Miscellaneous

The information contained in this Website is for general information purposes only. The information is provided by Kooker and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.

In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website or Service.

Every effort is made to keep the Website up and running smoothly. However, Kooker takes no responsibility for, and will not be liable for, the Website being unavailable due to technical issues beyond our control.

The above-mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and Kooker with respect to access to and use of the website and the Services offered by Kooker, superseding any prior written or oral agreements in relation to the same subject matter herein.

 

Jurisdiction

The courts of Pune, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Kooker or the Terms of Use or any arrangement between Kooker and the User.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Site you have agreed to be bound by all of these Terms and Conditions of Service for use and access of the Site.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of the Terms and Conditions, then please don’t use the Site or avail any of the Services being provided therein. YOU AGREEING TO THESE TERMS AND CONDITIONS SHALL OPERATE AS A BINIDNG AGREEMENT BETWEEN YOU AND Kooker IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE.

 

 

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