General

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 of Use for access or usage of “www.donalds.in”.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website or Mobile Application and ordering the Goods and Services available on the Website or Mobile Application by providing Registration Data while registering on the Website / App. The site also providing it’s services without registration does not absolve ‘You’ of this contractual relationship. The term “We”, “Us”, “Our” or “Donalds / www.donalds.in / Donalds.in / Donalds App” shall mean the Proprietorship firm registered and operating under the name of “DONALDS”. The headings of each section in this Agreement are only for the purpose of organizing the various provisions of this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.

The use of this Website or App by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past the Home-Page or using any of the services shall be taken to mean that You have read and agreed to be bound by all of the policies.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.


ABOUT US

We are a Delhi based Online Homemade meal Delivery Company founded in 2017 and became operational in 2018. We work towards the commitment of delivering the best and economical everyday meal services to our customers so that they “never remain hungry” while they work!

We deal ONLY in Homemade meal services, Tiffin delivery or single meal delivery on weekly, monthly or quarterly basis. We will take the orders, collect payments online/offline and deliver the food at the doorstep of the User which would be the responsibility of the vendor/ merchant. Any order placed by the consumer is subject to product availability, delivery capacity and acceptance by Donald and Home Sellers / Vendors.


COMMUNICATIONS

You are required to provide Us with your e-mail, login/ password while placing your order through this Website/ App. By using this Website/ App, it is deemed that you have consented to receive calls; auto dialed and/or pre-recorded message calls, from us at any time with the use of the Contact number that has been provided by you for the use of this Website/ App which is subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from US at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop contact from Us for the same, you may send us a mail to the effect at support@donalds.in. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.

By creating an account with www.donalds.in or Donalds App, you agree that the brand may send you informational texts (SMS) as part of the normal business operation with regards to your use of the services. You may opt-out of receiving text (SMS) messages from Donalds at any time by sending an email to support@donalds.in indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the services.

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from “www.donalds.in” (hereinafter referred to as “Website”) or DONALDS iOS and Android platform based Mobile App (hereinafter referred to as “App”). By ordering any Goods or Services from this Website, by phone, or by our Mobile Applications you agree to be bound by these Terms and Conditions:

TERMS AND CONDITIONS

This document sets out the Terms and Conditions (“terms”) on which you (“you or “user” or “home sellers/cafe owners”) may use the “DONALDS” website “www.donalds.in” and the Donalds application (for the purposes of these terms both the websites and the application shall be referred to as the “App”), which permits users to cook and/or share meals (“meals”) through the App’s software service platform (“platform”).

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 ‘www.donalds.in.

You are advised to print and retain a copy of these terms for your future reference.

These terms may be subject to change from time to time, and accordingly, you are advised to refer back to these terms before registering on the app.

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 “user” and/or the provisions of Section C will apply to you if you use the app as a “home seller.”


SECTION A: GENERAL PROVISIONS


  1. INFORMATION


  1. The App is owned and managed, operated and maintained by DONALDS MEAL SERVICES, a Proprietorship firm registered in LUCKNOW, UTTAR PRADESH, India.


  1. The App is an online marketplace offering where people (“Users”) who wish to find Homemade Meals can do so (“Orders”) from other neighborhood Homemakers (“Home Sellers”) or tiffin caterers who wish to share their cooking or other skills with Users. Users and Home Sellers can also create personal profiles (“Profiles”), communicate with other donalds.in users, rate their experiences and use such other Services available on the App from time to time.


  1. Donalds.in 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.


  1. Donalds.in 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.


  1. Donalds.in 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 Donalds.in takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Donalds.in does not warrant that the App shall be uninterrupted or fault-free at all times. Donalds.in 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 donalds.in’s service providers.


  1. Donalds.in uses third party payment handlers to process your payment. The third party payment gateway provides services for the issuing, use, and management of e-money. These services are offered on the App as a means of payment for Donalds.in. By signing up to Donalds.in (both as a user and Home Seller), you agree to be bound by the Terms and Conditions of the third party payment Gateway service provider.


  1. Donalds.in may be contacted at by email at support@donalds.in



  1. PRELIMINARY INFORMATION


By registering your details with Donalds.in as a User, you warrant that:

  1. You are legally capable of entering into binding contracts


  1. You are at least 18 years old; and


  1. 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 based service offerings.



3. REGISTRATION


  1. In order to use the Application services, you will need to complete the online registration form and set up an account (“Account”) in Donalds.in


  1. By registering your details and setting up an Account you consent to Donalds.in conducting verification and security procedures in respect of the information provided by you online.


  1. You hereby warrant that the information provided by you to Donalds.in is true, accurate and correct. You further warrant that you shall promptly notify Donalds.in in the event of any changes to such information.


  1. Upon the completion and submission of the online registration form on the App, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Account by signing up you agree to the Terms of Use and Privacy Policy.


  1. Upon registration, Donalds.in 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.


  1. You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Donalds.in, Donalds.in reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Donalds.in has any reason to believe you have breached any of the provisions set out herein.


  1. Notwithstanding the foregoing, Donalds.in 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.



  1. USER OBLIGATIONS


  1. You agree that you are solely responsible and liable for all activities carried out by your use of the App.


  1. 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 (User Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another User or Home Seller or elsewhere on the App that, in Donalds.in’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 advocate 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;

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 Donalds.in; or

4.2.9. Infringe any rights of any third party.


  1. 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 Donalds.in 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 Donalds.in a non-exclusive, perpetual, irrevocable, worldwide license to do so.


  1. 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.


  1. You hereby grant to Donalds.in a non-exclusive, irrevocable license to make the User Submissions available to other Users of the App.


  1. If you feel that any User Submission made by another User is objectionable, please contact Donalds.in using the contact details set out on the App. Donalds.in 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.


  1. 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 Donalds.in 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 Donalds.in at info@ donalds.in 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 Donalds.in 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 Donalds.in 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.


  1. In the event that you have a dispute with any other User of the App, you hereby release Donalds.in 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 DONALDS.IN’S LIMITATION OF LIABILITY


  1. Subject to clause 5.4 and 5.5, if Donalds.in fails to comply with these Terms, Donalds.in shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Donalds.in’s failure to comply with its obligations is not remedied as in this clause 5.1, then Donalds.in shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred rupees (Rs 100.00).


  1. 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 Donalds.in and to the maximum extent permitted by law, Donalds.in excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.


  1. Donalds.in 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, Donalds.in does not warrant or guarantee the accuracy, correctness, reliability, suitability or 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. Donalds.in 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.


  1. Subject to clause 5.5, Donalds.in shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:

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.

  1. Nothing in these Terms excludes or limits Donalds.in’s liability for:


5.5.1. death or personal injury caused by its negligence;

5.5.2. fraud or fraudulent misrepresentation; or

5.5.3. any other matter for which it would be illegal for Donalds.in to exclude or attempt to exclude its liability.

  1. Commentary and other materials posted on the App or provided by Donalds.in are not intended to amount to advice on which reliance should be placed. Donalds.in 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 Donalds.in shall remain solely with you.


  1. Donalds.in 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 Users. Donalds.in therefore recommends that you take all safety precautions when contacting, socializing and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Users.



  1. INTELLECTUAL PROPERTY RIGHTS


  1. Donalds.in and its licensors own all the intellectual property rights relating to the App, Services and Platform.

  2. You are expressly prohibited from:

6.2.1. Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and

6.2.2. Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Donalds.in or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Donalds.in or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Donalds.in.

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



  1. PRIVACY AND DATA PROTECTION


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



  1. FORCE MAJEURE


  1. Donalds.in 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”).


  1. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Donalds.in’s reasonable control and includes in particular (without limitation) the following:


8.2.1. strikes, lock-outs or other industrial action;

8.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

8.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

8.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

8.2.5. impossibility of the use of public or private telecommunications networks; and

8.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

  1. Donalds.in’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Donalds.in shall have an extension of time for performance for the duration of that period. Donalds.in will use its reasonable endeavors 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.



  1. COMPLAINTS AND TERMINATION


  1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by clicking on “Report Abuse” on the App or send Donalds.in details of your complaint by using the “Contact Us” form available on the App. Donalds.in will use its reasonable endeavors to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.


  1. Donalds.in may suspend or terminate your use of the Services and/or App if:


9.2.1. any of donalds.in’s third party communication network providers cease to make their services available to donalds.in for any reason;

9.2.2. donalds.in believes you or someone using your login details has failed to comply with one or more of these Terms;

9.2.3. donalds.in believes there has been fraudulent use, misuse or abuse of the Services;

9.2.4. donalds.in believes you have provided any false, inaccurate or misleading information.

  1. On termination, your access to the App shall cease and Donalds.in may delete your Profile.



  1. GENERAL


  1. If Donalds.in 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.


  1. A waiver by Donalds.in of any default shall not constitute a waiver of any subsequent default.


  1. No waiver by Donalds.in of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


  1. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.


  1. Donalds.in 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.


  1. 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.


  1. These Terms and any document expressly referred to in them represent the entire agreement between you and Donalds.in in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and Donalds.in , whether oral or in writing.


  1. 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 Donalds.in except as expressly set out in these Terms.


  1. Donalds.in may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, 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, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than 7 (seven) day’s written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.


  1. 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: USERS TERMS AND CONDITIONS


  1. INTRODUCTION


Upon registration as a User, and in consideration of your compliance with these terms and conditions, Donalds.in will provide you with the User Services as described on the App and in this section B. You are a User if you submit Orders through the Platform.


  1. USER SERVICES


  1. Subject to clause 1.4 of Section A above, the User Services will comprise of the following:


12.1.1. the facility to create a Profile page;

12.1.2. the ability to search for Homemade food Sellers or Tiffin providers and their Dishes who have registered with the App and have Meals available for Order;

12.1.3. the ability to communicate with other Users and Home Sellers using the App;

12.1.4. the facility to review and rate the Home Seller or their dishes;

12.1.5. access to any other features and functionality for the User Services provided by Donalds.in to Users from time to time.

  1. You acknowledge and agree that all Orders are subject to acceptance by the Home Sellers. The contract for fulfillment of an Order is created between you and the Home Seller, which will only be formed once you have received such acceptance. Donalds.in is not responsible for either party’s performance under such a contract and Donalds.in makes no guarantee that the obligations of either party under the contract will be fulfilled.


  1. All food items sold on the App are perishable; therefore cancellations or refunds may not permitted by Home Sellers.


  1. In Case of online payment done by the user and the order is not fulfilled by the Home Seller for some reasons , the user can contact Donalds.in for claiming the refund .In such cases , Donalds.in will investigate the issue with the Home Seller and if found reasonable will initiate the refund to the user at its own discretion.



  1. ADDITIONAL OBLIGATIONS AS A USER


  1. You must at all times use the User 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 User Submissions set out in Section A of these Terms.


  1. As a User, you are responsible for:


13.2.1. ascertaining the identity of any Home Seller;

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 Home Seller’s sole discretion;

13.2.3. ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Home Seller is, where applicable registered with their local environmental health department;

13.2.4. any review or rating of Home Sellers to be fair, honest and reasonable;

13.2.5. verification of all information provided by the Home Seller in relation to any item provided, including the ingredients.

  1. In using the User 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;

13.3.2. immediately notify Donalds.in in the event you have any reason to believe or suspect that a Home Seller or another User has breached any of the terms under Section A or that any Home Seller Profile is not genuine, or is false, inaccurate and/or incomplete.



  1. 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 Order. However, and unless expressly stated by a Homemade food Seller or Tiffin provider to the contrary, Donalds.in operates the following cancellation and refund policy in respect of Orders (“Refund Policy”):

14.1.1. you may cancel your Order and obtain a full refund of the Price, provided such cancellation is received by the Home Seller in writing (including by e-mail), or by following the Home Seller’s cancellation procedure, which needs to be dealt between yourself and Donalds.in will be not be responsible for any conflicts arise out of the same.



  1. ADDITIONAL EXCLUSION OF WARRANTIES


  1. You acknowledge and agree that the User Services provided by Donalds.in are limited to providing you with a forum to attempt to source and connect with Home Sellers. When you use the User Services, Donalds.in 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 Home Seller as a business or that they are compliant with any standards set by the Food Standards Agency;

15.1.3. the premises used by a Home Seller 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 Home Sellers’ Profiles are genuine;

15.1.5. that any information or documentation made available on a Home Seller’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 Home Seller using the App.

  1. As a User, 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.


  1. Donalds.in is not responsible in any way for the quality or delivery of any Meals by the Home Sellers. Such Meals are to be provided by the Home Sellers on terms and conditions as may be agreed between you and the Home Seller.


  1. In the event there is a dispute between you and any Home Seller, or if the Meals/Items provided by a Home Seller are not provided to a satisfactory standard or at all, you agree Donalds.in 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 Home Seller, and you release and hold harmless Donalds.in from anything you may suffer or any liability in relation to such dispute.





SECTION C: HOME CAFE /COOK TERMS AND CONDITIONS


If you are a Homemade food Seller or Tiffin provider and wish to use the Donalds.in Services by creating your own Home Café, you may do so in accordance with the terms of this Section C.


  1. INTRODUCTION


Upon registration as a Home Seller, in consideration of your compliance with these terms and conditions, Donalds.in will provide you with the provision to create your own online Café as described on the App.



  1. REGISTRATION


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



  1. HOME CAFE SERVICES


  1. Subject to clause 1.4 of Section A above, the Home Café Services will comprise the following:

18.1.1. the facility to create a Home Shoppe Profile page (including a photo), which can be accessed by the Users;

18.1.2. the facility to customize 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 Order (including information relating to any specialty bespoke Meals available);

18.1.4. the ability to set a purchase price (“Price”) payable by the User in respect of any Meal/ Items ;

18.1.5. the ability to specify whether you are able to deliver Orders to Users or whether Orders 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 Home Seller”;

18.1.7. the ability to post reviews and ratings about Users and other Home Sellers;

18.1.8. any other features and functionalities of the Cook Services provided by Donalds.in to you from time to time.



  1. HOME SELLER PROFILES


  1. You warrant that you are the provider of the Meals/ Items you have posted on your Shoppe Profile.


  1. 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/Classes available, including the ingredients used and the extent of any delivery/ services available;

19.2.3. the Price of the item offered .



  1. YOUR ADDITIONAL OBLIGATIONS AS A HOME SELLER


  1. By choosing to be a Home Seller and to advertise and deliver your Items to Users through the App, further to the general obligations on you as a User under section A of these Terms, you agree that all information submitted by you in a Home Shoppe Profile, preparation and supply and/or delivery of the Items , and any other information provided (including the recipes and ingredients relating to the Items) or comments made to Users or other Home Sellers 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 Donalds.in deemed to be offensive and/or inappropriate.

20.1.6. at all times keep all information including without limitation, communication and correspondences between you and the Users, and all information relating to the Order process secure and confidential;

20.1.7. immediately notify Donalds.in in the event you have any reason to believe or suspect that a Home Seller or User has breached any of its Terms.

  1. You further acknowledge and agree that Donalds.in 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 Donalds.in requires of its Home Sellers on the App, at its absolute discretion and upon written notice to you.



  1. CHARGES AND PAYMENTS


1. All payments from Users made through the App shall be made via such payment processor as Donalds.in may choose (“Payment Processor”) to Donalds.in, who will remit to you:

21.1.1. the amount received from the Users in respect of the Order (“Sale Price”);

21.1.2. less any fees charged by the Payment Processor; and

21.1.3. less our commission at the rate notified to you during the registration process (“Commission”), within thirty (30) days of receipt of the applicable payment by Donalds.in from the Payment Processor.

  1. Where a User requests a refund, the Home Seller shall comply with the Refund Policy set out in Section B or such other policy as the Home Seller may notify the User in writing. Where the User is entitled to a refund under the Refund Policy, the Home Seller shall refund the Sale Price less the Commission (“Refund Monies”) to Donalds.in immediately. Donalds.in shall refund the Sale Price to the User within 5 to 7 working days of receipt of the Refund Monies.

  2. You shall pay all other fees and charges notified to you during the registration process (“Fees”). The Fees shall be due and payable in accordance with the payment terms notified to you during registration. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.


  1. We may change the Commission and/or Fees at any time on the provision of notice to you in writing, by email or through your use of the App. Your continued use of the App following notice of such change shall be deemed to be your acceptance of the new Commission and/or Fees. If you do not agree with the changes to the Commission and/or Fees, you may terminate your agreement with us by notice in writing or by email.



  1. ADDITIONAL EXCLUSION OF WARRANTIES



  1. You acknowledge and agree that Donalds.in only provides you with the facility to post and supply Home Made items to Users by providing you with the Online Home Shoppe Services. Donalds.in does not warrant, represent or guarantee that you will find any Users to deliver Homemade Items to or achieve any specific results whatsoever.


  1. You acknowledge and agree that using the Platform through the App may require registration as a business and a food hygiene & safety certificate. 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 which 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. Donalds.in 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.


  1. You further agree that Donalds.in does not vet or verify the identity of the Users posted on the App. Consequently, Donalds.in does not warrant or guarantee:

22.3.1. the currentness, completeness, correctness and accuracy of any Users’ Profile;

22.3.2. that any Orders made by Users are genuine;

22.3.3. the identity of the Users using the App.

  1. You further acknowledge that Donalds.in has no control of and therefore has no liability whatsoever in respect of the behavior, response and quality of the Users on the App.


  1. Donalds.in provides the Online Home Café Services solely to connect you, the Home Sellers, with Users who may be seeking to Order Homemade items/services from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Users (including but not limited to the terms upon which you create and deliver Meals to Users). You, the Home Sellers, hereby indemnify Donalds.in in full and on demand against all losses, damages, costs, claims and expenses that Donalds.in incurs (including but not limited to such losses and damages incurred by Donalds.in in respect of sickness, disease or death of any User 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, Users.