Terms of use | DailyChef

In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Daily Chef may include additional verification requirements.

Disclaimer

The quality and claims made about food products listed on or through this App have not been verified. This App is to provide Listing/Advertising of eatable food items as “Home-cooked meals” only and not intended to promote, offer, and support any sale or purchase of Home Cooked Meals. This App does not list any article, product, commodity, goods, and service other than Home-cooked food meals for human consumption. No person is allowed to use this App to list, promote, offer, sale and purchase of any product, goods, and service on this App other than listing of Home Cooked Meals. Always check the claims, labels, prices, packaging related information regarding food items listed on this App before making any request for Meals to any Daily Chefs listed on the Daily Chef App. User acknowledges that User will contact the Daily Chefs directly for any information related to listed “Home Cooked Meal” price, quality, packaging, nutrition value, etc. Daily Chef App is not liable for any information provided on this App with regard to Daily Chefs.

Daily Chef App is not responsible for any damage for information or services provided even if Daily Chef App has been advised of the possibility of damage/loss.

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. 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 Terms for access or usage of Daily Chef LLP Services via Daily Chef Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

TERMS AND CONDITIONS

This document sets out the terms and conditions (“terms”) on which you (“you” or “User” or “Foodie” or “Daily Chef”) may use the “DAILYCHEF APP” application (for the purposes of these terms the application shall be referred to as the “Daily Chef App” or the “App/app”), which permits Daily Chef(s) to cook and/or share meals (“meals”) through the app’s software service platform (“Daily Chef App”).

“Foodie” is a user of the application who actively searches out, finds, and connects with Daily Chef(s) in and around a geographical area who are offering meals for sale directly to the user using the Daily Chef App. “Daily Chef(s) or DailyChef(s)” is a user who actively posts or makes available for sale meals cooked personally by him/her/them in and around a geographical area for sale directly to interested “foodies” using the Daily Chef App

Please read these terms carefully before committing to use the platform or services offered on the app. By using the app, you agree to comply with and be legally bound by the terms and conditions of these terms, whether or not you become a registered user of the services. These terms govern your access to and use of the app and constitute a binding legal agreement between you and Daily Chef App.

These terms may be subject to change from time to time, and accordingly you are advised to refer back to these terms. Section A, contains general provisions which apply to all Users of the app. In addition to section A, the provisions of section B will apply to you if you use the app as a “Foodie” and/or the provisions of section C will apply to you if you use the app as a “DailyChef.”

SECTION A: General Provisions

1. INFORMATION ABOUT DAILY CHEF

The App is owned and managed, operated and maintained by Daily Chef LLP, a Limited Liability Partnership Firm incorporated under the Limited Liability Partnership Act 2008 with its registered office at G-7, G/F, Anand Niketan, Delhi U+2013 110021, India.
The App is an online marketplace offering Listing services only without any other support or services for sale and purchase of food meal, where people (“Foodies”) who wish to find homemade food can do so (“Orders or Meal Requests”) directly from other neighborhood Homemakers (“Daily Chefs”) who wish to share their cooking or other food related skills with Foodies. Foodies and Daily Chefs can also create personal profiles (“Profiles”), communicate with other Daily Chef App users, rate their experiences and use such other Services available on the App from time to time.
Daily Chef App shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the Services available on the App.
Daily Chef App reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
Daily Chef App relies on third party providers (such as network providers, data centers and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst Daily Chef App takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Daily Chef App does not warrant that the App shall be uninterrupted or fault-free at all times. Daily Chef App therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of Daily Chef App service providers.
Daily Chef App does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the Daily Chefs and Foodies at Daily Chef App Listing services platforms.
Daily Chef App may be contacted by email at hello@dailychef.app.

2. PRELIMINARY INFORMATION

By registering your details with Daily Chef App as a User, you warrant that:

2.1.1. you are legally capable of entering into binding contracts
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services and purchase of homemade food or things or Home made meal offerings.

3. REGISTRATION

In order to use the Application services, you will need to complete the online registration form and set up an account (“Account”) in the Daily Chef App.
By registering your details and setting up an Account you consent to Daily Chef App conducting verification and security procedures in respect of the information provided by you online.
You hereby warrant that the information provided by you to Daily Chef App is true, accurate and correct. You further warrant that you shall promptly notify Daily Chef App in the event of any changes to such information.
Upon the completion and submission of the online registration form on the App by signing up you agree to the Terms of Use and Privacy Policy.
Upon registration, Daily Chef App will give you the opportunity to invite friends to join the App by emailing an invite (whereby you will be required to enter their email addresses), or by contacting friends through their Facebook profiles, whatsapp and similar messaging services and/or other social media channels.
You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Daily Chef App, Daily Chef App reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Daily Chef App has any reason to believe you have breached any of the provisions set out herein.
Notwithstanding the foregoing, Daily Chef App reserves the right to:

3.7.1. Accept or reject your application to register for any reason; and
3.7.2. Suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.

4. FOODIE OBLIGATIONS

You agree that you are solely responsible and liable for all activities carried out by your use of the App.
You shall not submit to appear on the App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (Foodie Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another Foodie or Daily Chef or elsewhere on the App that, in Daily Chef App’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:

4.2.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.2.2. harass or advocates harassment of another person;
4.2.3. display pornographic or sexually explicit material;
4.2.4. promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
4.2.5. promote any illegal activities, contraband, narcotics, alcohol and any hazardous, banned and illegal goods and substances
4.2.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.2.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
4.2.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Daily Chef App; or
4.2.9. infringe any rights of any third party.

You acknowledge that making a user Submission does not guarantee that such user Submission, or any part thereof, shall appear on the App whether or not the submission of such user Submission is part of the Services. You agree that Daily Chef App may, at its sole discretion, choose to display or to remove any user Submission or any part of the same that you make on the App, and you hereby grant to Daily Chef App a non-exclusive, perpetual, irrevocable, worldwide license to do so.
You warrant and represent that you own or are licensed to use any and all patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) in all user Submissions that you make to the App as part of your use of the Services.
You hereby grant to Daily Chef App a non-exclusive, irrevocable license to make the user Submissions available to other users of the App.
If you feel that any user Submission made by another user is objectionable, please contact Daily Chef App using the contact details set out on the App. Daily Chef App shall use its reasonable endeavors to review the relevant user Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. Daily Chef app or the company is not required or compelled to respond to any emails/requests communicated to it by a user.
You further agree that at all times, you shall:

4.7.1. not use your Login Details with the intent of impersonating another person;
4.7.2. not allow any other person to use your Login Details;
4.7.3. not use the information presented on the App or provided to you by Daily Chef App for any commercial purposes;
4.7.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
4.7.5. not infringe any rights of any third parties;
4.7.6. contact Daily Chef App at hello@dailychef.app immediately if you consider any user Submission posted by another user to breach any of the Terms herein;
4.7.7. comply with all instructions and policies from Daily Chef App from time to time in respect of the use of the Platform, the Services and the App;
4.7.8. co-operate with any reasonable security or other checks or requests for information made by Daily Chef App from time to time; and
4.7.9. use the information made available to you on the App and through the Services at your own risk.

In the event that you have a dispute with any other user of the App, you hereby release Daily Chef App from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

5. EXCLUSION OF WARRANTIES AND DAILY CHEF’S LIMITATION OF LIABILITY

Subject to clause 5.4, if Daily Chef App fails to comply with these Terms, Daily Chef App shall entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder and Daily Chef App shall not be liable for any loss.
Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Daily Chef App and to the maximum extent permitted by law, Daily Chef App excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
Daily Chef App does not verify and does not have any control in respect of any user Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, Daily Chef App does not warrant or guarantee the accuracy, correctness, reliability, suitability at all in respect of any user Submission or any other information made available to you through your use of the Meals, the Services and/or the App. Daily Chef App advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any user Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability.
Daily Chef App shall not be liable for any type of monetary or non-monetary losses that fall into the following categories due to the Daily Chef App compliance with the terms:

5.4.1. consequential, indirect or special losses;
5.4.2. loss of profits, income or revenue;
5.4.3. loss of savings or anticipated savings, interest or production;
5.4.4. loss of business or business benefits;
5.4.5. loss of contracts;
5.4.6. loss of opportunity or expectations;
5.4.7. loss of goodwill and/or reputation;
5.4.8. loss of marketing and/or public relations time and/or opportunities;
5.4.9. loss of data; or
5.4.10. loss of management or office time or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.4.11. death or personal injury caused by user negligence;
5.4.12. fraud or fraudulent misrepresentation by user or
5.4.13. any other matter for which it would be illegal for Daily Chef App to exclude or attempt to exclude its liability due to the negligence of Users.

Commentary and other materials posted on the App or provided by Daily Chef App are not intended to amount to advice on which reliance should be placed. Daily Chef App therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any user of the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Daily Chef App shall remain solely with you.
Daily Chef App does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other user. Daily Chef App therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Foodies.

6. INTELLECTUAL PROPERTY RIGHTS

Daily Chef App and its licensors own all the intellectual property rights relating to the App, Services and Platform.
You are expressly prohibited from:

6.2.1. Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
6.2.1. Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Daily Chef App or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Daily Chef App or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Daily Chef App.

Provided that Daily Chef App is unaware of any infringement of any third party intellectual property rights at the time you submit any user Submissions, Daily Chef App shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Daily Chef App.

7. PRIVACY AND DATA PROTECTION

Daily Chef App complies with the Data Protection Act 1998 and all other successor legislation and regulations in the performance of its obligations under these Terms. Please view Daily Chef App Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.

8. FORCE MAJEURE

Daily Chef App shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Daily Chef App reasonable control and includes in particular (without limitation) the following:

6.2.1. strikes, lock-outs or other industrial action;
6.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
6.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
6.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
6.2.5. impossibility of the use of public or private telecommunications networks; and
6.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

Daily Chef App performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Daily Chef App shall have an extension of time for performance for the duration of that period. Daily Chef App will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.

9. COMPLAINTS AND TERMINATION

If you wish to lodge a complaint about another user for breaching any of these Terms, you may do so by clicking on available option on the App or send Daily Chef App details of your complaint by using the “Contact Us” form available on the App. Daily Chef App on its discretion will take reasonable action against complaint otherwise Daily Chef App is not required nor compelled to respond to any complaint filed by users or any requests in any forms. If any complaint find fit for an action.
Daily Chef App may suspend or terminate your use of the Services and/or App if:

9.2.1. any of Daily Chef App third party communication network providers cease to make their services available to Daily Chef for any reason;
9.2.2. Daily Chef App believes you or someone using your login details has failed to comply with one or more of these Terms;
9.2.3. Daily Chef App believes there has been fraudulent use, misuse or abuse of the Services;
9.2.4. Daily Chef App believes you have provided any false, inaccurate or misleading information.

On termination, your access to the App shall cease and Daily Chef App may delete your Profile.

10. GENERAL

If Daily Chef App fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Daily Chef App of any default shall not constitute a waiver of any subsequent default.
No waiver by Daily Chef App of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
Daily Chef App reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and Daily Chef App in respect of your use of the App and your use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you, the user and Daily Chef App, whether oral or in writing.
You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Daily Chef App except as expressly set out in these Terms.
Daily Chef App may alter or amend Terms without giving any notice. By continuing to use the App or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If you wish to terminate your access to the App, you may do such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
These Terms are governed by and construed in accordance with Indian law. The Courts of India shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside India, Indian law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If Indian law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

SECTION B: FOODIES TERMS AND CONDITIONS

11. INTRODUCTION

Upon registration as a Foodie, and in consideration of your compliance with these terms and conditions, Daily Chef App will provide you with the Foodie Services as described on the App and in this section B. You are a Foodie if you submit “Meal Request” through the Platform.

12. FOODIE SERVICES

Subject to clause 1.4 of Section A above, the Foodie Services will comprise of the following:

12.1.1. the facility to create a Profile page;
12.1.2. the ability to search for Daily Chefs and their Meals, those who have registered with the App and have Meals available for Request;
12.1.3. the ability to communicate with other Foodies and Daily Chefs using the App;
12.1.4. the facility to review and rate the Daily Chef or their dishes/meals offered;
12.1.5. access to any other features and functionality for the Foodie Services provided by Daily Chef App to Foodies from time to time.

You acknowledge and agree that all Meal Requests are subject to acceptance by the Daily Chefs. The contract for fulfillment of Meal Requests is created between you and the Daily Chef, which will only be formed once you have received such acceptance. Daily Chef App is not responsible for either party’s performance under such contract and Daily Chef App makes no guarantee that the obligations of either party under the contract will be fulfilled.
Daily Chef App doesn’t have any control, neither determines nor advises or in any way involve itself in the offering or acceptance, payment, delivering of any order, transaction made between the Daily Chefs and Foodies of Daily Chef Listing services platforms.
Daily Chef App has no liability of any nature towards any Foodies or Daily Chefs in case of non-fulfillment of any order, promise and transactions made between Foodies and Daily Chefs.

13. ADDITIONAL OBLIGATIONS AS A FOODIE

You must at all times use the Foodie Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to Foodie Submissions set out in Section A of these Terms.
As a Foodie, you are responsible for:

13.2.1. ascertaining the identity of any Daily Chef;
13.2.2. verifying the Price of any Meal or Homemade items/services , which you acknowledge may fluctuate from time to time and will be determined at the Daily Chef’s sole discretion;
13.2.3. ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Daily Chef is, where applicable registered with their food safety, security and health department;
13.2.4. any review or rating of Daily Chefs to be fair, honest and reasonable;
13.2.5. verification of all information provided by the Daily Chef in relation to any item provided, including the ingredients.

In using the Foodie Services, you must:

13.3.1. not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
13.3.1. immediately notify Daily Chef App in the event you have any reason to believe or suspect that a Daily Chef or another Foodie has breached any of the terms under Section A or that any Daily Chef’s Profile is not genuine, or is false, inaccurate and/or incomplete.

14. CANCELLATIONS AND REFUNDS

You acknowledge that the legal right to cancel and obtain a refund under consumer legislation may not apply in respect of your Meal Requests. However, and unless expressly stated by a Daily Chef to the contrary, you may cancel your Meal Requests and obtain a refund of the Price as decided between Foodie and Daily Chef independently, provided such cancellation is received by the Daily Chef in writing (including by e-mail), or by following the Daily Chef’s cancellation procedure, which needs to be dealt with between foodies and Daily Chef’s only and The Daily Chef App will be not be responsible for any conflicts arising out of the same.

15. ADDITIONAL EXCLUSION OF WARRANTIES

You acknowledge and agree that the Foodie Services provided by Daily Chef App are limited to providing you with a forum to attempt to source and connect with Daily Chefs. When you use the Foodie Services, Daily Chef App does not warrant or guarantee:

15.1.1. that you will find items suitable to your specific taste, dietary or other requirements;
15.1.2. the status of any Daily Chef as a business or that they are compliant with any standards set by the Food Safety & Standards Agency;
15.1.3. the premises used by a Daily Chef’s to prepare Meals are suitable for the cooking and preparing of Meals or, where applicable, registered with their local environmental health department;
15.1.4. that the Daily Chefs’ Profiles are genuine;
15.1.5. that any information or documentation made available on a Daily Chef’s Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete;
15.1.6. the identity of the Daily Chef’s using the App.

As a Foodie, you warrant that you will only purchase Meals for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell Meals to consumers.
Daily Chef App is not responsible in any way for the quality or delivery of any Meals by the Daily Chefs. Such Meals are to be provided by the Daily Chefs on terms and conditions as may be agreed between you and the Daily Chef’s.
In the event there is a dispute between you and any Daily Chef’s, or if the Meals/Items provided by a Daily Chef are not provided to a satisfactory standard or at all, you agree Daily Chef App is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Meals from a Daily Chef’, and you release and hold harmless Daily Chef App from anything you may suffer or any liability in relation to such dispute.

SECTION C: DAILY CHEF TERMS AND CONDITIONS

If you are a Daily Chef and wish to use the Daily Chef App Services by creating your own profile, you may do so in accordance with the terms of this Section C.

16. INTRODUCTION

Upon registration as a Daily Chef, in consideration of your compliance with these terms and conditions, Daily Chef App will provide you with the provision to create your own online food listing platform as described on the App.

17. REGISTRATION

1. In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Daily Chef may include additional verification requirements.

18. DAILY CHEF SERVICES

Subject to clause 1.4 of Section A above, the Food Listing Services will comprise the following:

18.1.1. the facility to create a Daily Chef Profile page (including photos and videos if required), which can be accessed by the Foodies;
18.1.2. the facility to customise your Shoppe Profile by adding information about your experiences, preferences;
18.1.3. the ability to advertise Meals or other Home Made items available for Requests (including information relating to any specialty bespoke Meals available);
18.1.4. the ability to set a purchase price payable by the Foodie in respect of any Meal/Items ;
18.1.5. the ability to specify whether you are able to deliver Meal Requests to Foodies or whether Meal Requests are collection only;
18.1.6. subject to fulfilling certain criteria, as indicated on the App from time to time, to attain the level of “Star Daily Chef”;
18.1.7. the ability to post reviews and ratings about Foodies and other Daily Chefs;
18.1.8. any other features and functionalities of the Food & Meal Listing Services provided by Daily Chef App to you from time to time.

19. DAILY CHEF PROFILES

You warrant that you are the provider of the Meals/Items you have posted on your Profile.
You must ensure that your Profile contains the minimum information set out below:

19.2.1. information as to your identity;
19.2.2. a description of the Meals/ Items available, including the ingredients used and the extent of any delivery/services available;
19.2.3. the Price of the item offered.
19.2.4. the meals being offered are safe, healthy, hygienic, and fit for human consumption including but not limited to the quality and condition of ingredients, utensils, storage areas, cooking areas and packaging materials.
19.2.5. you are of sound mind and body and are both adequately skilled at and aware of the do’s and don’ts of cooking and preparing healthy, homemade food fit for human consumption.
19.2.6. you can operate a home kitchen on your own and are in no way a danger to yourself, those around you or society at large.
19.2.7. you undertake that you have no criminal intent and are in no way using the app to cause harm (physical or psychological) to yourself, those around you or society at large.

20. YOUR ADDITIONAL OBLIGATIONS AS A DAILY CHEF

By choosing to be a Daily Chef and to list your Items on the App, further to the general obligations on you as a Foodie under section A of these Terms, you agree that all information submitted by you in a Daily Chef Profile, preparation, price, supply, cancellation and/or delivery of the Items, and any other information provided (including the recipes and ingredients relating to the Items) or comments made to Foodies or other Daily Chefs through the App, must:

20.1.1. be accurate, correct and up-to-date;
20.1.2. be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate;
20.1.3. not breach any applicable statutory or regulatory requirement, including following good hygiene practice in the preparation of any Meals and, where applicable, food safety management procedures based on the standards set by the Food Standards Agency from time to time;
20.1.4. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
20.1.5. not be obscene, defamatory or be in the reasonable view of Daily Chef deemed to be offensive and/or inappropriate.

In using the Online Listing feature you must:

20.2.1. at all times keep all information including without limitation, communication and correspondences between you and the Foodies, and all information relating to the Meal Request process secure and confidential;
20.2.2. ensure your use of the Daily Chef Services is personal to you;
20.2.3. immediately notify Daily Chef App in the event you have any reason to believe or suspect that a Daily Chef or Foodie has breached any of its Terms.

You further acknowledge and agree that Daily Chef App may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Meals provided, no longer meets the standards that Daily Chef App requires of its Daily Chefs on the App, at its absolute discretion and upon written notice to you.

21. CHARGES AND PAYMENTS

Foodie shall pay the price of the Meal Requested and agreed upon, to the Daily Chef including price for each meal ordered in addition of packaging, delivery charges if any as discussed between Foodie and Daily Chef’s independently with each other. The sale price shall be due and payable in accordance with the payment terms agreed between Foodies and Daily Chefs only.
Terms for homemade meals offered by Daily Chefs and agreed to, are between Foodies and Daily Chefs alone. The terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the homemade meal. Daily Chef App does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such terms between the Daily Chefs and Foodies of Daily Chef App Listing services platforms.

22. ADDITIONAL EXCLUSION OF WARRANTIES

You acknowledge and agree that Daily Chef App only provides you with the facility to list Home Made items to users by providing you with the Online Listing Service platforms. Daily Chef App does not warrant, represent or guarantee that you will find any Foodies to deliver Homemade Items to or achieve any specific results whatsoever.
You acknowledge and agree that using the Platform through the App may require registration as a business and obtaining a food hygiene & safety certificate from your local competent authority. Your use and reliance on any information on the App shall be at your own risk and we shall not be liable whatsoever for any damages and loss that you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. Daily Chef App shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the App.
You further agree that Daily Chef App does not vet or verify the identity of the Foodies posted on the App. Consequently, Daily Chef App does not warrant or guarantee:

22.3.1. the correctness, completeness, correctness and accuracy of any Foodies’ Profile;
22.3.2. that any meal requests made by Foodies are genuine;
22.3.3. the identity of the Foodies using the App.

You further acknowledge that Daily Chef App has no control of and therefore has no liability whatsoever in respect of the behavior, response and quality of the Foodies on the App.
Daily Chef App provides the Online Listing Services solely to connect Daily Chefs with Foodies who may be looking for homemade meals listed on the platform by Daily Chefs. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Foodies (including but not limited to the terms upon which you create and deliver Meals to Foodies). You, the Daily Chefs, hereby indemnify Daily Chef App in full and on demand against all losses, damages, costs, claims and expenses that Daily Chef App incurs (including but not limited to such losses and damages incurred by Daily Chef App in respect of sickness, disease or death of any Foodie arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Meals provided to, Foodies.

Terms & Conditions