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Terms of Use

Chef De Coded Hospitality (OPC) Private Limited

INTRODUCTION

These Terms of Use govern access and use of the Services (as defined below) on the electronic platform, including the mobile application and/ or website, known as “Chef Decoded”, hereinafter referred to as “Platform”. The Services (as defined below) are being provided by and the Platform is operated by Chef De Coded Hospitality (OPC) Private Limited, a private limited company incorporated under the Companies Act, 2013 bearing CIN U55101MH2019OPC320606 (the “Company”).

By clicking “I agree” to these Terms of Use with the Company, or by accessing or using the Platform in any manner, or using any of the Services (as defined below) in any manner made available through the Platform, You agree that You have read, understood and accepted all of the terms and conditions contained in this Terms of Use (the “Terms/Terms of Use”), the Privacy Policy, and the Returns and Refunds Policy.

We reserve the right to change, add, remove, or modify the Platform, the Service, these Terms, Privacy Policy, the Returns and Refunds Policy, or any content or part thereof, at any time, with or without notice, in our sole discretion. You shall regularly and periodically check these Terms, Privacy Policy, and the Returns and Refunds Policy, before you make any transaction on the Platform. We shall have no liability or responsibility whatsoever due to any such changes, additions, removals, or modifications.

All modifications or changes to the Terms of Use will be effective upon publication on the Platform. As such, your continued use of the Services acts as acceptance of the amended Terms of Use. By consenting to these Terms of Use, you also consent to our Privacy Policy, Returns and Refunds Policy, and such other policies as we may introduce from time to time. When using the Platform, you must at all times comply with these and all applicable policies.

2. DEFINITIONS

Account means the registered account of the User on the Platform.

Applicable Law means any applicable statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction in force in India, and various applicable guidelines, rules and regulations.

Business Day means a day that is not a Saturday, Sunday, or public holiday in Mumbai, Maharashtra, India.

The Company, Chef Decoded, Ourselves, Us, Our, and We refers to Chef De Coded Hospitality (OPC) Private Limited, which expression shall include its successors and assigns.

Chef Decoded refers to the website and mobile application owned by the Company and licensed to the Company to provide Services to the Company’s Users as described below.

Force Majeure means and includes any cause arising from or attributable to acts, or events, beyond our reasonable control, including significant market volatility, natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic, pandemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or regulatory authority.

Party refers to either You or Us and “Parties” refers to You and Us collectively, as the context may require.

Privacy Policy means our privacy policy laying down our data handling practices for personal data of Indian Users.

Restricted Jurisdiction means and includes any jurisdiction other than India.

Services means all content, functionality, and services made available to Users through the Platform including but not limited to: (a) official Chef De Coded Merchandise (non-returnable and non-refundable); (b) Membership Plans granting exclusive benefits and community access (non-refundable once purchased) (c) restaurant spaces, restaurant design and interior, chef consultant, beverage consultant, demo kitchen, menu design and printing, vendor management, chefs’ recruitment, staff training, food styling, food events, restaurant furniture, food pop ups and festivals; and (b) any other products, services or offerings as may be introduced from time to time. In respect of transactions the Users accessing the Platform will be contracting with the Company, which will be the counterparty to all transactions;

User, You, and Your refers to any person who uses the Platform or Services whose expression shall include successors, heirs, receivers, and permitted assigns; and

3. ACCESS TO PLATFORM

3.1 Limited Right to Use

Subject to these Terms of Use, we will grant you a limited, non-exclusive, non-sub-licensable, non-transferable, right to access the Platform only for your personal, non-commercial use and solely as necessary to avail our Services. This right to use does not include any resale or commercial use of the Platform or its contents; any collection and use of the contents, products, services, applications, tools, and features; any derivative use thereof; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any content on the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without our express written consent. There are no implied licenses granted under these Terms of Use.

3.2 Content

You can access the Platform to avail information, text, graphics, content, tools, and features as made available from time to time. Content on the Platform is for general information purposes and is subject to change without further notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

4. YOUR ACCOUNT

4.1 Getting Started

If you choose to avail of Services Via the Platform, you will need to register an Account with us by providing your details, completing necessary KYC verification requirements, and executing such undertakings and agreements, as required. You will need to maintain this account for the period that you seek to avail of our Services.

Your Account shall be activated only upon successful completion of KYC verification requirements. We are required to collect your data for registering and opening your Account, which includes: a) for an individual - Name, Mobile Number, Email Address, Date Of Birth, Photograph, Permanent Account Number (PAN), Aadhar, Bank Account details; and b) for an entity - i) Articles of Association (AOA) ii) Memorandum of Association (MOA) iii) PAN Card iv) Certificate of Incorporation v) Board Resolution and Authorization Letter.

At any point, if We require additional KYC details, We may request the same from time to time.

Please refer to our Privacy Policy which explains what information (including personal data) we collect and how it is used and shared.

4.2 One account per User

You may only open one Account with us unless we have agreed in writing the opening of additional accounts. We may refuse the creation of duplicate accounts for the same User. Where duplicate accounts are detected/identified, we may close/delete/terminate or merge duplicate accounts at our sole discretion.

4.3 Who can open an Account?

You must meet all eligibility and residency requirements to open, maintain, and operate an Account following the applicable laws of India or other jurisdictions relevant to you.

  • If you are an individual of an age of majority (at least 18 years of age), or have parental/guardian consent to use our website and make purchases.
  • If you are an entity, you must be a corporate entity duly incorporated under the laws of India.

4.4 Providing Accurate Information

All information (including personal and sensitive personal data) you provide to us must be complete, accurate, up-to-date truthful, and not misleading. You must promptly update this information whenever it changes. We are not responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.

5. Third-Party Services

You acknowledge that we may enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under our control. We do not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Services and are not responsible for any Third-Party Services. You undertake that you use all Third-Party Services at your own risk, and you should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with us. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with such services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.

6. PAYMENTS

All payments must be made in full at the time of purchase. We accept payment through secure third-party gateways.

7. PROHIBITED USE

We do not allow any activity or content on the Platform that:

  • belongs to another person and to which you do not have any right;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy including bodily privacy, insulting or harassing based on gender, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatever as prohibited by the laws in force;
  • harms children or minors in any way;
  • infringes any intellectual property or proprietary rights;
  • violates the law in force;
  • deceives or misleads any person about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading or in respect of any business of the Central Government, is identified as fake or false or misleading by the duly notified fact check unit of the Central Government;
  • is grossly offensive or menacing;
  • impersonates another person;
  • contains software virus or any malicious data or other computer code, files, or programs designed to harm, interrupt, destroy, or limit the hardware, software, or functionality of any computer resource;
  • threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting other nations;
  • interferes with other User's enjoyment of the Services;
  • exploits the Platform for any unauthorized commercial purpose;
  • is aimed at modifying, adapting, translating, disassembling or reverse engineering any portion of the Platform;
  • is aimed at reformatting or framing any portion of the Platform;
  • is aimed at probing, scanning, or testing the vulnerability of any system, security, or authentication measures implemented by us, or otherwise tampers or attempts to tamper with the Platform’s technological design and architecture;
  • is aimed at gaining unauthorized access to, interfering with, or damaging, any server, computer, or database used by us for providing the Platform and the Services;
  • involves accessing or using the Platform to create a product or service that is competitive with any of our products or services;
  • involves the creation of accounts by automated means or under false or fraudulent pretenses;
  • violates any law for the time being in force, or involves the proceeds of an illegal activity or any activity in breach of these Terms of Use or any other applicable policies;
  • violates our intellectual property rights
  • misuses or attempt to hack our site or services
  • is aimed at circumventing, or bypassing any restrictions placed by us; or
  • is false, incorrect, inaccurate, or fraudulent.

Any such activity will be viewed as a material breach of these Terms of Use. You must promptly notify us of any actual or potential violation of these Terms of Use that come to your knowledge.

We reserve the right at all times to disclose any information (including the identity of Users) as necessary to satisfy any law, regulation, valid governmental request, or as necessary in our opinion for the resolution of an offense.

8. LIMITATION OF LIABILITY

8.1 Disputes with Users

If you have a dispute with one or more Users of the Platform, you agree that neither we nor our affiliates or service providers, nor any of their respective officers, directors, members, shareholders, agents, joint venturers, employees, and representatives (“Company Parties”), will be liable for any claims, demands, damages (actual and consequential), losses, costs, and expenses, including litigation costs and attorney’s fees arising out of or relating to such disputes.

8.2 Release

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company Parties, from liabilities arising from any claims, demands, damages (actual and consequential), losses, costs, and expenses arising from or in any way related to your use of the Platform or the Services. You expressly waive and relinquish any rights thereto which you may have under any other applicable law or in equity, to the fullest extent permitted by law.

8.3 Limitation of Liability

Subject to applicable law, in no event will Company Parties be liable for any remote, indirect, incidental, special, punitive, consequential or similar claims, demands, damages (actual and consequential), losses, costs and expenses, whatsoever arising out of the use of the Platform or Services, any performance or non-performance of the Services, or any product or service provided by or on behalf of the Company Parties, whether under contract, statute, strict liability or other theory even if we and our affiliates are advised of their possibility.

8.4 Liability Cap

Notwithstanding anything contained in these Terms of Use, to the maximum extent permitted by law, the maximum cumulative liability of the Company Parties arising out of the use of the Platform or our Services, any performance or non-performance of these Terms of Use or the Services, or any product or service provided by or on behalf of the Parties, whether under contract, statute, strict liability or other theory, shall be limited to the monetary value received from the User, as consideration or fees concerning the applicable transaction to which the claim relates. This liability cap will not apply in the instances of memberships.

8.5 Remedy

You acknowledge and agree that your sole remedy for any suspension, cancellation, or termination of the Account or cessation of any or all Services shall be refund/recovery of your Funds, subject to deductions of amounts owed to us and other legal, regulatory, or statutory dues, and to the permissibility of such refund or recovery under applicable law.

9. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, all logos, information, text, graphics, or other material uploaded by us, which is made available to you on the Platform is our property and is protected under copyright, trademark, and other applicable laws.

All logos, trademarks, service marks, and logos of the Company and others used or displayed on the Platform (“Trademarks”) are our property or the property of our affiliates or licensors. You may not copy, imitate, or use them without our prior written consent.

You may not:

  • systematically extract/ or re-utilize parts of the Platform;
  • create and/ or publish your database that features substantial parts of this Platform;
  • make any commercial or derivative use of the Platform or its contents; or
  • apply for, register, or otherwise use or attempt to use any of our Trademarks, or any confusingly similar marks, anywhere in the world.

The Platform may in places include third-party intellectual property. We do not own any rights to such third-party intellectual property and are bound by the license terms for such intellectual property. Under these Terms of Use, you shall also be subject to said license terms.

You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

10. NO RELIANCE ON INFORMATION

We display some content that is not ours. This content is the sole responsibility of the person/entity who makes it available. The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional investment advice, tips, or recommendations of any kind. For the avoidance of doubt, it is clarified that the Company does not provide investment and financial advice to its Users. Reliance on any information appearing on the Platform, whether provided by the Company, its content providers, visitors to the Platform, or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Platform. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the Platform, the Company shall have no liability about the same. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so please exercise discretion when perusing such content, and do not assume that we have reviewed it. Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties, or guarantees, whether express or implied that the content on the Platform is accurate, complete, or up-to-date.

11. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and the Company Parties from and against any Losses arising out of (a) your breach or our enforcement of these Terms of Use or (b) your violation of any applicable law or the rights of any third party and (c) your use of the Platform and the Services.

12. GENERAL TERMS AND PROVISIONS

12.1 RELATIONSHIP OF THE PARTIES

Notwithstanding any provision hereof, for all purposes including without limitation the execution of any order and/or transaction initiated by you through the Platform, you and the Company shall act independently and not as a partner, joint venture, agent, intermediary, broker, or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

12.2. Returns and Refunds

Due to the nature of our products and memberships, all sales are final.

Please note, for returns or refunds in relation to merchandise, please go through our Returns and Refunds Policy.

12.3 TAXATION

It is your sole responsibility to determine, collect, report, and submit any / all taxes applicable to the payments you make or receive in connection with the use of the Services to the appropriate tax authority in India or under any other applicable laws. We are not responsible for determining whether any taxes apply to the transactions carried out by you on the Platform or the Services availed by you, or for collecting, reporting, or remitting any taxes arising from any transaction undertaken by you via the Platform or Services.

All fees, commissions, interests, and other charges are exclusive of any applicable goods and services tax which shall be borne by you and separately charged. In case any further Goods and Services Tax (GST) is made applicable on the Services or the transactions on the Platform in the future, we reserve the right to separately charge such GST which shall be borne by You.

You hereby authorize us to withhold any applicable tax and deposit on your behalf under this Clause. In cases where we withhold tax, we shall provide you with evidence of such withholding as per the statutory requirements. You would be solely responsible for claiming any credits, refund, or exemption(s), if any, from tax authorities.

The Company shall not be responsible in any manner whatsoever for the same.

12.4 ASSIGNMENT

You may not assign any rights and/or licenses granted under these Terms of Use without our express prior written consent. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Company. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and insure to the benefit of the parties, their successors, and permitted assigns.

If the Platform is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

12.5 SURVIVAL

All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections about suspension or termination, Account cancellation, debts owed to the Company, general use of the Platform, disputes with the Company, and general provisions, shall survive the termination or expiration of these Terms of Use.

13. TERMINATION

We may suspend your access to any or all the Services, and/or terminate your Account (and, to the extent applicable, any accounts beneficially owned by related entities or affiliates), with immediate effect, in the event, at the sole discretion of the Company, it is determined that you are in breach of these Terms of Use or any applicable law. You acknowledge that our decision to take certain actions, including suspending or terminating your Account may be based on confidential criteria and that we are under no obligation to disclose the details of its decision to take such action with you.

You may terminate your Account at any time by writing to us at support@chefdecoded.com from your registered email ID.

You must pay any outstanding amounts owed to us before your Account is terminated. Once the Account is terminated, all charges and liabilities owed to us on the account will be due and payable to us.

14. NOTICES

Any notice under these Terms of Use will be communicated electronically. Such notices may be delivered by us through email (at the primary email address listed in your Account), by posting them on the Platform, or through other electronic communication such as text messages or mobile push notifications. Any notices you send us must be sent to us by email at support@chefdecoded.com.

You (a) consent to receive communications from us in an electronic form; and (b) agree that all communications we send electronically satisfy any legal requirement that such communications would satisfy if they were made in writing, physically.

15. FORCE MAJEURE

Without prejudice to any provision hereof, we shall not be liable for delays, failure in performance of these Terms of Use, or interruption of the Service, which result directly or indirectly from a Force Majeure event. Provided that, a Force Majeure event shall not affect the validity and enforceability of any provisions, the performance of which is not affected by such an event.

16. GOVERNING LAW AND JURISDICTION

These Terms of Use, its subject matter, and its formation, are governed by the laws of the Republic of India. The courts of Mumbai, Maharashtra, India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable to you by us and you irrevocably consent to the jurisdiction of such courts and waive any objection as to inconvenient forum.

17.1 SEVERABILITY

If any word, phrase, sentence, clause, or provision of these Terms as applied to a Party or any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause or provision of these Terms. If any provision of these Terms, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced.

17.2. CONTACT

If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Platform and the Service, or any other matter, please contact our Grievance Officer at support@chefdecoded.com.