TERMS OF USE

These terms of use (the “Terms of Use”) govern use of our website www.mindyourtongue.co.in (“Mind Your Tongue” , “ Platform “ or the “Website”). Please read these Terms of Use carefully before using the services. By using the Platform, you shall be contracting with Mind Your Tongue and you signify your acceptance to the Terms of Use and other Mind Your Tongue policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time

Mind Your Tongue enables transactions between home chefs (also called Cloud Kitchens) and buyers, dealing in prepared food and drinks and beverages (“Platform Services”). The buyer can choose and place orders (“Orders”) for a variety of products listed and offered for sale by various Cloud Kitchens on the Platform and Mind Your Tongue enables delivery of such orders at select localities of serviceable cities across India (“Delivery Services”) through third party delivery service providers. The Platform Services and Delivery Services are collectively referred to as “Services”.

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Mind Your Tongue policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform.

TERMS & CONDITIONS – FOR BUYERS

By using the Mind Your Tongue website (creating a profile) Buyers are accepting the below specified Terms of Use and Code of Conduct:

You may access the Platform by registering to create an account (“Mind Your Tongue Account”) and become a member (“Membership”); or you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable.
We reserve the right to suspend or terminate your Mind Your Tongue Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Mind Your Tongue Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Mind Your Tongue Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
Any contract that arises out of orders for supply of food and drinks through Mind Your Tongue is a contract between Buyers and Home Chefs.
Home Chefs are responsible for making comprehensive profiles on Mind Your Tongue, providing detailed menus, quantities, pricing and all other specifics like preferred mode of delivery, desired notice period for orders and / or any other special services provided. Buyers are expected to understand the home chef’s conditions before ordering. Mind Your Tongue will not be responsible for any discrepancies that may arise thereafter.
The Home Chefs are solely responsible for preparation and timely delivery of food and drinks (as per terms specified on their profile) as well as for maintaining quality and hygiene. Mind Your Tongue will not be responsible or liable for the quantity or quality of meals delivered.
As a general rule, all food and drinks orders placed on the Platform are treated as confirmed. Once a Buyer places an order on Mind Your Tongue, the Chef must confirm the order, whereby he/she commits to the details of said placed order. Mind Your Tongue will not be liable for any discrepancies that may arise thereafter.
It is clarified that Mind Your Tongue reserves the right to not process your order in the event the Buyer is unavailable on the phone at the time we call you for confirming the order and in such event the provisions of the cancellation and refund policy below shall be applicable.
Mind Your Tongue is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Cloud Kitchens and the Buyer. In case of complaints from the Buyer pertaining to food and drinks efficacy, quality, or any other such issues, Mind Your Tongue shall notify the same to Cloud Kitchens and shall also redirect the Buyer to the consumer call center of the Cloud Kitchens. The Cloud Kitchens shall be liable for redressing Buyer complaints.
Mind Your Tongue would facilitate the use third-party delivery providers for Cloud Kitchens to deliver the products to Buyers. These services would be charged to the Buyer. Mind Your Tongue will not be responsible for any acts of omission and commission by the third-party delivery provider.
Buyers acknowledge and agree that we act as the Cloud Kitchen's payment agent for the limited purpose of accepting payments from users on behalf of the Cloud Kitchens. Upon Buyer payment of amounts to us, which are due to the Cloud Kitchens, Buyer payment obligation to the Cloud Kitchens for such amounts is completed, and we are responsible for remitting such amounts, to the Cloud Kitchens. Buyers shall not, under any circumstances whatsoever, make any payment directly to the Cloud Kitchens for Order bookings made using the Platform.
If there is Cash-On-Delivery (e.g. delivery is being done by Home Chefs or if the Buyer is picking up the food and drinks from the Home Chef), then Mind Your Tongue will not be responsible for collecting payments from Buyers and will not be liable therefore for loss that may occur due to non-payment on behalf of Buyer, if any. In either case, if the order is placed through the platform then Mind Your Tongue will charge and recover the convenience fee from the Cloud Kitchens.
Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Cloud Kitchens be incorrectly reflected and in such an event Cloud Kitchens may cancel such your order(s).
Mind Your Tongue will not be responsible for any health damages or sickness caused due to the food and drinks delivered by the Home Chefs.
Mind Your Tongue will not be responsible for any loss incurred by Buyers due to any actions of the Home Chefs including the non-performance and untimely delivery of the orders.
We disclaim any and all liability to the Buyer for the supply of the food and drinks to the fullest extent permissible under applicable law. This does not affect the Buyer’s statutory rights as a consumer.
When ordering from Mind Your Tongue, Buyers will receive an automated confirmation email specifying the details of the placed order. Buyers are required to check this email carefully and must inform both Mind Your Tongue immediately in case of any discrepancy. The said automated confirmation email is not the same as the actual confirmation from the Platform committing to fulfil the order.
All discounts, promo codes, cash backs, loyalty discounts and other such benefits are applicable on online orders (placed on website) only.
Any discounts or promotions including referral promotions offered by Mind Your Tongue are in good faith. Any user trying to misuse the offers can be banned or the offer can be revoked at any point, the rights to do so solely rests with Mind Your Tongue.
The Home Chefs cannot, under any circumstances, place orders on their own profiles.
Mind Your Tongue reserves the right to remove or revoke any credit (referral or otherwise) from Buyer's accounts on identification of misuse, expiration of offer etc.
Mind Your Tongue reserves the right to limit usage of credit, whether by way of amount, which chefs / dishes it may be applied on, or in any other way.
Buyers understand that the platform allows them to review and rate their experiences of dealing with the Cloud Kitchens and the quality, quantity and consistency of the food and drinks supplied. Mind Your Tongue is in no way involved in influencing these reviews and ratings. Buyers may provide genuine and honest feedback only for the Cloud Kitchens from whom they have ordered. If any review or rating by a Buyer is deemed to be inappropriate, inaccurate, dishonest and/or malicious then Mind Your Tongue has full rights to remove the said content and block the Buyer from the platform.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Mind Your Tongue strives to ensure that all information on this website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that the use of Mind Your Tongue will be error free or fit for purpose, timely, that all errors will be corrected; or that the site or server that makes it available are free of viruses or bugs. We do not make any warranty whatsoever, whether express or implied, relating to the fitness for purpose, accuracy or reliability.
Disclosure

We may disclose to third party services certain personally identifiable information listed below:

• Information you provide us such as name, email, mobile phone number

• Information we collect as you access and use our service, including device information, location and network carrier

This information is shared with third party service providers so that we can:

• Perform data analytics

By accepting our Terms & Conditions, you are giving Mind Your Tongue permission to send promotional communication about, but not limited to, offers, new chefs, dishes or cuisines etc.

Buyers agree and acknowledge that Mind Your Tongue shall not be responsible for:

The services or goods provided by the Cloud Kitchens including, but not limited, serving of food and drinks orders suiting your requirements and needs;
The Cloud Kitchen’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
The availability or unavailability of certain items on the menu; or
The Cloud Kitchens serving the incorrect orders.
The details of the menu and price list available on the Platform are based on the information provided by the Cloud Kitchens and we shall not be responsible for any change or cancellation or unavailability.
You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
If you have specific dietary restrictions, allergies or food intolerances that could harm your health, please read the information on the Home Chef’s menu. You may also contact Mind Your Tongue to confirm any doubts with the specific Cloud Kitchens. Mind Your Tongue does not take responsibility for any harm to your health.
You understand that our liability ends once your order has been delivered to you.

TERMS & CONDITIONS – FOR HOME CHEFS

By using the Mind Your Tongue website (creating a profile) Home Chefs/Cloud Kitchens are accepting the below specified Terms of Use and Code of Conduct:

We reserve the right to suspend or terminate your Mind Your Tongue contract and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
Home Chefs are responsible for informing Mind Your Tongue if they are unable to take orders due to prior commitments, sickness, holidays, etc. The Home Chef's inability to inform Mind Your Tongue in a timely fashion can result in penalties as deemed fit by Mind Your Tongue. The Home Chef is required to update the days their Kitchens are unavailable atleast 2 weeks in advance by sending an email to contact.mindyourtongue@gmail.com
Home Chefs are responsible for providing detailed menus, quantities, pricing and all other specifics like preferred mode of delivery, desired notice period for orders and / or any other special services provided. Mind Your Tongue will not be responsible for any discrepancies that may arise thereafter.
In case of any copyright infringement due to text/recipes uploaded by home chefs on their profile, liability will lie on home chefs and not on Mind Your Tongue.
As a general rule, all food and drinks orders placed on Mind Your Tongue are treated as confirmed. Once a Buyer places an order on Mind Your Tongue, the Home Chef must confirm the order, whereby he/she commits to the details of said placed order. Mind Your Tongue will not be liable for any discrepancies that may arise thereafter.
The Home Chefs are solely responsible for preparation and timely delivery of food and drinks (as per terms specified on their profile) as well as for maintaining quality and hygiene. Mind Your Tongue will not be responsible or liable for the quantity or quality of meals delivered.
Mind Your Tongue is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Cloud Kitchens and the Buyer. In case of complaints from the Buyer pertaining to food and drinks efficacy, quality, or any other such issues, Mind Your Tongue shall notify the same to Cloud Kitchens and shall also redirect the Buyer to the consumer help desk number for the Cloud Kitchens. The Cloud Kitchens shall be liable for redressing Buyer complaints.
Cloud Kitchens understand that all orders placed through the platform will attract a convenience fee payable to Mind Your Tongue. This convenience fee and any other dues will be deducted before settling any payments to the Cloud Kitchens.
Mind Your Tongue would facilitate the use third-party delivery providers for Cloud Kitchens to deliver the products to Buyers. These services would be charged to Buyers over and above the convenience fee payable to the platform. Mind Your Tongue will not be responsible for any acts of omission and commission by the third-party delivery provider.
If there is Cash-On-Delivery (e.g. delivery is being done by Chefs or if the Buyer is picking up the food and drinks from the Chef), then Mind Your Tongue will not be responsible for collecting payments from Buyers and will not be liable therefore for loss that may occur due to non-payment on behalf of Buyer, if any. In either case, if the order is placed through the platform then Mind Your Tongue will charge and recover the contracted convenience fee from the Cloud Kitchens.
Mind Your Tongue will not be responsible for any health damages or sickness caused due to the consumption of food and drinks and drinks prepared by the Cloud Kitchens.
The Home Chef will follow the basic hygiene and safety requirements as laid down by the FSSAI. Mind Your Tongue will monitor Home Chefs closely, through periodic audits, kitchen visits, using Buyer feedback provided in any form to Mind Your Tongue and will remove and block Home Chefs if they are unable to comply with our standards and / or tarnish our reputation.
Any information provided by the Home Chef including photos, menu items, profile descriptions, etc. can be used by Mind Your Tongue for various purposes, including business development, promotions, etc. Mind Your Tongue is not responsible for any liability that may arise from the misuse of the shared information, if any.
Neither parties, be it the Buyer, Mind Your Tongue, the Cloud Kitchens or the third-party delivery provider shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, terrorism or civil commotion.
Home Chefs are legally obliged to add Mind Your Tongue branding to all orders that have been forwarded to them by Mind Your Tongue.
For corporate orders, the payments will be made as per the corporate’s payment cycle.
All Home Chefs must complete the KYC formalities with Mind Your Tongue and no payments will be made to home chefs who have not completed their KYC formalities.
All information submitted by the home chef, whether in the contract, KYC or for the purpose of FSSAI is assumed to be verified and true. Home Chefs will be liable for any lien, loss, penalties that may arise due to any discrepancies found.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Cloud Kitchens understand that the platform allows Buyers to review and rate their experiences of dealing with the Cloud Kitchens and the quality, quantity and consistency of the food and drinks supplied. Mind Your Tongue is in no way involved in influencing these reviews and ratings and Cloud Kitchens indemnify the platform from any damages which might arise as a result of any such reviews and ratings.
Disclosure

We may disclose to third party services certain personally identifiable information listed below:

• Information you provide us such as name, email, mobile phone number

• Information we collect as you access and use our service, including device information, location and network carrier

This information is shared with third party service providers so that we can:

• Personalize the website for you

• Perform data analytics to improve our services

It is recommended that the chef register with the FSSAI as a Food Business Operator (FBO). The chef can view the process on the following link- How to Apply.
That your dishes will be homemade, and you will personally be involved in their preparation. The home chef is required to maintain proper hygiene to make and package the food and drinks. The home chef must have a clean and sanitized working environment in order to ensure the food and drinks are safe to consume, without the food and drinks causing any health problems.
The ingredients used in the food and drinks should be of good quality. Ingredients that are expired, stale, rancid, rotten, spoiled, amongst others, should not be used in the food and drinks prepared by the home chefs.
Employment of children in any form by home chefs is strictly prohibited. Home Chefs should only employ those who are at least 18 years of age. All applicable labour laws including employment, wages, working hours, overtime and working conditions shall be complied with.
The home chef must adhere to the delivery timelines for each menu item as shared by them on the platform. The food and drinks must be prepared in a timely fashion and be packaged with Mind Your Tongue branding by the time of pickup by the third-party delivery partner so that there is no delay in the food and drinks reaching the Buyer.
The home chef is liable to inform Mind Your Tongue and update his/her listing, regarding any leaves/black-out dates so that the home chef’s profile can be deactivated, and Buyers can’t place orders in the chef’s absence. To ensure a smooth functioning of the marketplace and ease of use for the Buyer, the home chef’s menu must be updated with prices, dishes and availability at all times.
You shall undertake to provide adequate directions, information and authorizations to enable delivery. In the event of any failure to pick-up your delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any payment for the same. Our decision in relation to this shall be final and binding.

INTELLECTUAL PROPERTY

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

CANCELLATION POLICY

As a general rule Buyers shall not be entitled to cancel their order once they have received confirmation of the same. If a Buyer cancels his/her order after it has been confirmed, Mind Your Tongue shall have a right to charge a cancellation fee, up to the value of the order, to compensate our Cloud Kitchens partners.
In the unlikely event of an item on your order being unavailable, the Home Chef may not accept your order or inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancel your order in the following circumstance:

i) In case the home chef does not accept your order;

ii) in the event of the designated address falls outside the delivery zone offered by us;

iii) failure to contact you by phone or email at the time of confirming the order booking;

iv) failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

v) unavailability of all the items ordered by you at the time of booking the order

REFUND POLICY

The Buyer shall be entitled to a full or partial refund only if you pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:

the cancellation was made in time on the platform as per the Cancellation Policy and once the chef has accepted your cancellation;
your order packaging has been tampered or damaged at the time of delivery;
us cancelling your order due to
- In case the home chef does not accept your order;
- your delivery location following outside our designated delivery zones;
- failure to contact you by phone or email at the time of confirming the order booking;

Due to unavailability of some of the items you ordered at the time of booking, if you decide to modify the order at the time of confirmation, and accept only the items which are available in your original order, then you will be refunded the amount paid for the items which are unavailable.

Our decision on refunds shall be at our sole discretion and shall be final and binding.

All refund amounts shall be credited to your account within 5-6 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Mumbai, India.

DISCLAIMERS

Images on the chef profile pages on the website and items which are delivered may not look exactly as shown.

The platform may be under constant upgrades, and some functions and features may not be fully operational.

Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.

We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / cloud kitchens services.

Mind your tongue disclaims and all liability that may arise due to any violation of the food safety and standards act, 2006 and applicable rules and regulations made thereunder and such liability shall be attributable to the cloud kitchens.

While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.

The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or cloud kitchens accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

Live ! Love ! Eat Healthy ! Always

TERMS OF USE

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