1. Acceptance of terms
- Thank you for using GotoChef (owned by Culinary Communications Private Limited) and any related mobile or software applications (owned by Culinary Communications Private Limited). All rights in the names/marks “GoToChef” and “MySmartKitchen” are owned exclusively by Culinary Communications Private Limited.
- These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to, and use of, the GotoChef website at (the "Site") and any related mobile or software applications ("GotoChef Platform") including, but not limited to, delivery of
information, hosting content, transient storage of information, via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
- These Terms are effective for all existing and future
GotoChef Users, including without limitation, to restaurants,
brands, third parties, agencies, Users having access to
‘brand business page’ to manage their claimed brand,
product, service and business listings.
- Please read these Terms carefully. By accessing or using
the GotoChef Platform, you are agreeing to these Terms and
concluding a legally binding contract with Culinary
Communications Private Limited. You may not use the
Services if you do not accept the Terms or are unable to be
bound by the Terms. Your use of the GotoChef Platform is at
your own risk, including the risk that you might be exposed to
content that is objectionable, or otherwise inappropriate.
- In order to use the Services, you must first agree to the
Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made
available to you by GotoChef in the User interface for any
particular Service; or
- Actually using the Services. In this case, you understand
and agree that GotoChef will treat your use of the
Services as acceptance of the Terms from that point
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information, content, pictures, images, videos etc. and includes other persons jointly participating in using the Services including without limitation, restaurants, brands, third parties, agencies, Users having access to ‘brand business page’ to manage their claimed brand, product, service and business listings.
- "Content" will include, without limitation, reviews, images,
photos, audio, video, location data, nearby places,
recipes, preparation instructions, nutritional data, and all
other forms of information or data, be it in written, pictoral,
video, cinematograph or any other form/mode. "Your
content" or "User Content" means content that you
upload, share or transmit to, through or in connection with
the Services, such as likes, ratings, reviews, images,
photos, messages, profile information, recipes,
preparation instructions, nutritional data and any other
materials that you publicly display or is displayed in your
- "GotoChef Content" means content that GotoChef creates
and makes available in connection with the Services
including, but not limited to, visual interfaces, interactive
features, graphics, design, compilation, computer code,
products, software, aggregate ratings, reports, list of
ingredients, nutritional information, recipes, pros and
cons, health advise, dietary recommendations and other
such usage-related data in connection with activities
associated with your account and all other elements and
components of the Services excluding Your Content and
Third Party Content.
- "Third Party Content" means content that comes from
parties other than GotoChef or its users and is available
on the Services.
"Brand" means the owner of the brand, product sellers or
product manufacturers or product distributors or product re-
sellers or agents listed on GotoChef and any related mobile
or software applications of GotoChef, and also covers a
Brand which is a User of GotoChef.
3. Eligibility to use the services
- You hereby represent and warrant that you are at least eighteen
(18) years of age or above and are fully able and competent to
understand and agree to and abide by the terms, conditions,
obligations, affirmations, representations, and warranties set
forth in these Terms.
- Compliance with Laws. You hereby represent that you are in
compliance with all laws and regulations for the time being in
force in the country in which you live when you access and use
the Services. You agree to use the Services only in compliance
with these Terms and applicable law, and in a manner that does
not violate our legal rights or those of any third party.
4. Change to the terms
GotoChef may vary or amend or change or update these Terms,
from time to time entirely at its own discretion. You shall be
responsible for checking these Terms from time to time and ensure
continued compliance with these Terms. Your use of GotoChef
Platform after any such amendment or change in the Terms shall
be deemed as your express acceptance to such
amended/changed terms and you also agree to be bound by such
5. Translation of the terms
GotoChef may provide a translation of the English version of the
Terms into other languages. You understand and agree that any
translation of the Terms into other languages is only for the sake of
convenience and that the English version shall govern the terms of
your relationship with GotoChef. Furthermore, if there are any
inconsistencies between the English version of the Terms and its
translated version, the English version of the Terms shall prevail
6. Provision of the services being offered by GotoChef
- GotoChef is constantly evolving in order to provide the best
possible experience and information to its users. You acknowledge
and agree that the form and nature of the Services which
GotoChef provides, may require effecting certain changes in it,
therefore, GotoChef reserves the right to suspend/cancel, or
discontinue any or all products or services at any time without
notice, make modifications and alterations in any or all of its
contents, products and services contained on the site without any
- We, the software, or the software application store that makes the
software available for download may include functionality to
automatically check for updates or upgrades to the software.
Unless your device, its settings, or computer software does not
permit transmission or use of upgrades or updates, you agree that
we, or the applicable software or software application store, may
provide notice to you of the availability of such upgrades or
updates and automatically push such upgrade or update to your
device or computer from time-to-time. You may be required to
install certain upgrades or updates to the software in order to
continue to access or use the Services, or portions thereof
(including upgrades or updates designed to correct issues with the
Services). Any updates or upgrades provided to you by us under
the Terms shall be considered part of the Services.
- You acknowledge and agree that if GotoChef disables access to
your account, you may be prevented from accessing the Services,
your account details or any files or other content, which is
contained in your account. Furthermore, we shall be at liberty to
store the information in your account for a period of 90 days
subsequent to disabling your account.
- You acknowledge and agree that while GotoChef may not
currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services,
GotoChef may set such fixed upper limits at any time, at
- By using GotoChef's Services you agree to the following disclaimers:
- The Content on these Services is for informational
purposes only. GotoChef disclaims any liability for any
information that may have become outdated since the
last time the particular piece of information was
updated. GotoChef reserves the right to make changes
and corrections to any part of the Content on these
Services at any time without prior notice. GotoChef
does not guarantee quality of the products, the prices
listed or the availability of a product by a Brand. Unless
stated otherwise, all pictures and information contained
on these Services are believed to be owned by or
licensed to GotoChef. Please email a takedown
request (by using the “Contact Us” link on the home
page) to the webmaster if you are the copyright owner
of any Content on these Services and you think the
use of the above material violates Your copyright in
any way. Please indicate the exact URL of the
webpage in your request. All images shown here have
been digitized by GotoChef. No other party is
authorized to reproduce or republish these digital
versions in any format whatsoever without the prior
written permission of GotoChef.
- Any information displayed by a Brand(s) on its page on
the GotoChef Platform is for informational purposes
only. Such information is displayed by GotoChef on an
'as available' basis that is provided to GotoChef by the
Brand(s). GotoChef does not make any warranties
about the validity, authenticity, reliability and accuracy
of such information displayed in this regard. Any
reliance by a User upon the information thereto shall
be strictly at such User’s own risk and GotoChef in no
manner shall assume any liability whatsoever for any
losses or damages in connection with the use of this
information or for any inaccuracy, invalidity or
discrepancy in the information or non-compliance of
any applicable local laws or regulations by the
- GotoChef reserves the right to charge subscription and/or
membership fees from a User, by giving reasonable prior notice, in
respect of any product, service or any other aspect of the
GotoChef Platform anytime in future.
- GotoChef may from time to time introduce referral and/or incentive
based programs for its Users (Program). These Program(s) maybe
governed by their respective terms and conditions. By participating
in the Program, Users are bound by the Program terms and
conditions as well as the GotoChef Platform terms. Further,
GotoChef reserves the right to terminate / suspend the User’s
account and/or credits / points earned and/or participation of the
User in the Program if GotoChef determines in its sole discretion
that the User has violated the rules of the Program and/or has
been involved in activities that are in contravention of the Program
terms and/or GotoChef Platform terms or has engaged in activities
which are fraudulent / unlawful in nature. Furthermore, GotoChef
reserves the right to modify, cancel and discontinue its Program
without notice to the User.
- GoToChef shall not be held responsible for non- accessibility
of the website during periodic sustenance procedure or any
unplanned abatement of access to the website that may occur due
to technical ground or for any reason beyond our control. The user
must understand and agree that any material and/or data
downloaded or otherwise received through the website is done
entirely at their own prudence and they will be the only one
responsible for any harm to their computer systems or loss of data
that result from the transfer of such material and/or data.
- GoToChef does not not initiate the transmission, select the
receiver of the transmission and select or modify the
information/content. Any modification by GoToChef is limited to the
format and not to the content and secondly even the process of
modifying the format is an automatic process without either our
tacit or expressed control or knowledge.
- Only temporary or transient or intermediate storage of information
is facilitated by GoToChef automatically within the computer
resource as an intrinsic feature of such computer resource,
involving no exercise of any human editorial control, for onward
transmission or communication to another computer resource.
- We take all reasonable measures to secure our computer resource
and information contained therein following the reasonable security
practices and procedures as prescribed in the Information
Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Information) Rules, 2011.
7. Use of services by you or User
- GotoChef User Accounting Including 'Claim Your Product Listing' Access
- You must create an account in order to use some of
the features offered by the Services, including without
limitation, to ‘claim your product listing’ on the
Services. You are solely responsible for the activity
that happens on or through your Account. Use of any
personal information you provide to us during the
account creation process is governed by our Privacy
Policy. You must keep your password confidential and
you are solely responsible for maintaining the
confidentiality and security of your account, all changes
and updates submitted through your account, and all
activities that occur in connection with your account.
- You may also be able to register to use the Services by
logging into your account with your credentials from
certain third party social networking sites (e.g.,
Facebook, Google etc.). You confirm that you are the
owner of any such social media account and that you
are entitled to disclose your social media login
information to us. You authorize us to collect your
authentication information, and other information that
may be available on or through your social media
account consistent with your applicable settings and
- In creating an account and/or claiming your business’
listing, you represent to us that all information provided
to us in such process is true, accurate and correct, and
that you will update your information as and when
necessary in order to keep it accurate. If you are
creating an account or claiming a business listing, then
you represent to us that you are the owner or
authorized agent of such business. You may not
impersonate someone else, create or use an account
for anyone other than yourself, provide an email
address other than your own, create multiple accounts
or business listings except as otherwise authorized by
us, or provide or use false information to obtain access
to a business’ listing on the Services that you are not
legally entitled to claim. You acknowledge that any
false claiming of a business listing may cause
GotoChef or third parties to incur substantial economic
damages and losses for which you may be held solely
liable and accountable.
- You are also responsible for all activities that occur in
your account. You agree to notify us immediately of
any unauthorized use of your account in order to
enable us to take necessary corrective action. You also
agree that you will not allow any third party to use your
GotoChef account for any purpose and that you will be
liable for such unauthorized access.
- By creating an account, you agree to receive certain
communications in connection with GotoChef Platform
or Services. For example, you might receive comments
from other Users or other users may follow the activity
to do on your account. You can opt-out or manage
your preferences regarding non-essential
communications through account settings.
- Other Terms
- In order to connect you to certain Brands, we provide value
added telephonic services through our phone lines, which
are displayed on the specific product listing page on the
GotoChef Platform, which connect directly to Brand’s phone
lines. We record all information regarding this call including
the voice recording of the conversation between you, and the
Brand (for internal billing tracking purposes and customer
service improvement at the Brand's end). If you do not wish
that your information be recorded in such a manner, please
do not use the telephone services provided by GotoChef.
You explicitly agree and permit GotoChef to record all this
information when you avail the telephony services through
the GotoChef provided phone lines on the GotoChef
- You agree to use the Services only for purposes that are
permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in
the relevant jurisdictions.
- You agree to use the data owned by GotoChef (as available
on the Services or through any other means like API etc.)
only for personal use/purposes and not for any commercial
use (other than in accordance with ‘Claim Your Product
Listing’ access) unless agreed to by/with GotoChef in writing.
- You agree not to access (or attempt to access) any of the
Services by any means other than the interface that is
provided by GotoChef, unless you have been specifically
allowed to do so, by way of a separate agreement with
GotoChef. You specifically agree not to access (or attempt to
access) any of the Services through any automated means
(including use of scripts or web crawlers) and shall ensure
that you comply with the instructions set out in any robots.txt
file present on the Services.
- You agree that you will not engage in any activity that
interferes with or disrupts the Services (or the servers and
networks which are connected to the Services). You shall not
delete or revise any material or information posted by any
other User(s), shall not engage in spamming, including but
not limited to any form of emailing, posting or messaging that
- Ownership of GotoChef Content and Proprietary Rights
- We are the sole and exclusive copyright owners of the Services
and our Content. We also exclusively own the copyrights,
trademarks, service marks, logos, trade names, trade dress and
other intellectual and proprietary rights throughout the world
(the “IP Rights”) associated with the Services and GotoChef
Content, which may be protected by copyright, patent,
trademark and other applicable intellectual property and
proprietary rights and laws. You further acknowledge that the
Services may contain information which is designated as
confidential by GotoChef and that you shall not disclose such
information without GotoChef's prior written consent.
- You agree to protect GotoChef’s proprietary rights and the
proprietary rights of all others having rights in the Services
during and after the term of this agreement and to comply with
all reasonable written requests made by us or our suppliers and
licensors of content or otherwise to protect their and others’
contractual, statutory, and common law rights in the Services.
You acknowledge and agree that GotoChef (or GotoChef's
licensors) own all legal right, title and interest in and to the
Services, including any IP Rights which subsist in the Services
(whether those rights happen to be registered or not, and
wherever in the world those rights may exist). You further
acknowledge that the Services may contain information which is
designated as confidential by GotoChef and that you shall not
disclose such information without GotoChef's prior written
consent. Unless you have agreed otherwise in writing with
GotoChef, nothing in the Terms gives you a right to use any of
GotoChef's trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features.
- You agree not to use any framing techniques to enclose any
trademark or logo or other proprietary information of GotoChef;
or remove, conceal or obliterate any copyright or other
proprietary notice or source identifier, including without
limitation, the size, color, location or style of any proprietary
mark(s). Any infringement shall lead to appropriate legal
proceedings against you at appropriate forum for seeking all
available/possible remedies under applicable laws of the
country of violation. You shall not modify, reproduce, publicly
display or exploit in any form or manner whatsoever any of the
GotoChef’s Content in whole or in part except as expressly
authorized by GotoChef.
- To the fullest extent permitted by applicable law, we neither
warrant nor represent that your use of materials displayed on
the Services will not infringe rights of third parties not owned by
or affiliated with us. You agree to immediately notify us upon
becoming aware of any claim that the Services infringe upon
any copyright trademark, or other contractual, intellectual,
statutory, or common law rights by following the instructions
- Using our Services does not give you ownership of any
intellectual property rights in our Services or the content that
you access. You may not use content from our Services unless
you obtain permission from its owner or are otherwise permitted
by law. These terms do not grant you the right to use any
branding or logos used in our Services. Do not remove, obscure
or alter any legal notices displayed in or along with our
- Your License to GotoChef Content
- We grant you a personal, limited, non-exclusive and non-
transferable license to access and use the Services only as
expressly permitted in these Terms. You shall not use the
Services for any illegal purpose or in any manner inconsistent
with these Terms. You may use information made available
through the Services solely for your personal, non-commercial
use. You agree not to use, copy, display, distribute, modify,
broadcast, translate, reproduce, reformat, incorporate into
advertisements and other works, sell, promote, create derivative
works, or in any way exploit or allow others to exploit any of
GotoChef Content in whole or in part except as expressly
authorized by us. Except as otherwise expressly granted to you
in writing, we do not grant you any other express or implied right
or license to the Services, GotoChef Content or our IP Rights.
- Any violation by you of the license provisions contained in this
Section may result in the immediate termination of your right to
use the Services, as well as potential liability for copyright and
other IP Rights infringement depending on the circumstances.
- GotoChef Licence to Your or User Account
- By submitting Your Content, you hereby irrevocably grant GotoChef a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘product listing page’ to manage claimed product listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against GotoChef or its Users, any third party services and their users.
- Representations Regarding Your or User Account
- You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights, including intellectual property rights, of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate any applicable laws or any other party’s rights. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
- You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable and GoToChef assumes no responsibility or risk whatsoever in relation to the content posted by you. While we reserve the right to remove Content, we do not control actions or Content posted by our Users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Users and any and all liability arising from such Content is the sole responsibility of the User who posted the content, and not GotoChef.
- Content Removal
- We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to You under any circumstances. Further, the Brand reserves the right to delete any images and pictures forming part of User Content, from such Brand’s listing page at its sole discretion.
- Third Party Content and Links
- Third party content, including content posted by our Users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. This content is the sole responsibility of the entity that makes it available. 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, however we assume no responsibility and are under no obligation to do so as we have no control over and do not monitor or screen the content which is posted. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that GotoChef is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
- User Reviews
- User reviews or ratings for Brand(s) or User Content do not reflect the opinion of GotoChef. GotoChef receives multiple reviews or ratings for Brand(s) and User Content by Users, which reflect the opinions of the Users or authors. It is pertinent to state that each and every review posted on GotoChef is the personal opinion of the User/reviewer/third party only and GoToChef does not monitor, screen, control, alter or modify the same, save and except the extent that the content is formatted by way of an automated system as part of our Software to enable such content to be hosted on our website/webpage. GotoChef is a neutral platform, which solely provides a means of communication between Users/reviewers including Users or Brand(s)/representatives with access to product business page.
- The advertisements published on the GotoChef Platform are independent of the reviews received by such advertisers. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the Brand does not consider to be true, the best option for the Brand representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Brand believes that any particular User’s review violates any of the GotoChef’ policies, the Brand may write to us and bring such violation to our attention. GotoChef may remove the review in its sole discretion if review is in violation of the Terms, or policies or otherwise harmful to the Services.
10. Restrictions on use
- Without limiting the generality of these Terms, in using the Services, you specifically agree not to to host, post, display, upload, modify, publish, transmit, update or share any information/content that or engage in any activity that, in our sole discretion:
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security, sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nature.
- is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
- constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, or other attributes of the business or content you are reviewing.
- contains material that violates the standards of good taste or the standards of the Services;
- accuses others of illegal activity, or describes physical confrontations;
- alleges any matter related to legal metrology or health code or food safety and standards violations requiring healthcare department or food safety and standards reporting or legal metrology reporting. GotoChef is a website and mobile application with no claims to be a court of law or a ministry or government department. If you have a dispute with a Brand or User, or if you feel a Brand or User does not measure up to applicable laws, we encourage you to contact the appropriate authorities directly. GotoChef is not the appropriate platform for reporting illegal activities, physical confrontations, food safety and standards, legal metrology, health code violations, or anything under investigation by local governing bodies or law-enforcement personnel. We encourage that such accusations be reported to the concerned authorities rather than being mentioned in reviews.
- attempts to impersonate another person or entity;
- disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business or brand being reviewed, or other advertising materials;
- asserts or implies that Your Content is in any way sponsored or endorsed by us;
- contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
- falsely states, misrepresents, or conceals your affiliation with another person or entity;
- accesses or uses the account of another User without permission;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- “Hacks” or accesses without permission our proprietary or confidential records, records of another User, or those of anyone else;
- violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- collects, accesses, or stores personal information about other Users of the Services;
- is posted by a bot;
- modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or;
- attempts to do any of the foregoing.
- You acknowledge that GotoChef has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
- You hereby agree and assure GotoChef that the GotoChef Platform/Services shall be used by you for lawful purposes only and that you will not violate any laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of GotoChef in any form or manner whatsoever.
11. User Feedback
- If you share or send any ideas, suggestions, changes or documents regarding GotoChef’s existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) GotoChef is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) GotoChef may have already received similar Feedback from some other User or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against GotoChef and its Users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on GotoChef’s existing products or marketing strategies; do not include any ideas that GotoChef’s policy will not permit it to accept or consider.
- Notwithstanding the above mentioned clause, GotoChef or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to GotoChef or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when GotoChef’s products or marketing strategies might seem similar to ideas submitted to GotoChef. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
12. Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of GotoChef, without any compensation or credit to you; (2) GotoChef may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for GotoChef to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- Some of the Services of GoToChef are supported by advertising revenue and certain advertisements and promotions may be display on the GoToChef website. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by GotoChef on the Services are subject to change without specific notice to you. In consideration for GotoChef granting you access to and use of the Services, you agree that GotoChef may place such advertising on the Services.
- Part of the site may contain advertising information or promotional material or other material submitted to GotoChef by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the GotoChef Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers which are found on or through the GotoChef Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser and GoToChef assumes no risk or responsibility for the same. GotoChef will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the GotoChef Platform and mobile application.
14. Additional Terms and Conditions for Users using the various services offered by GotoChef:
- Online Product Ordering:
- It is the sole responsibility of participating Brand to honor your order, and the role of GotoChef is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted, forming a conduit between you and the Brand. GotoChef shall not be liable for any acts or omissions on part of the Brand including genuineness, authenticity of the product(s), deficiency in service, wrong delivery of order, quality of product, time taken to deliver order, etc.
- For the Users in India, it is hereby clarified by GotoChef that the liability of any violation of the Food Safety and Standards Act, 2006, Legal Metrology Act, 2009, and applicable rules and regulations made thereunder shall solely rest with the seller(s)/brand owner(s), vendor(s), importer(s) or manufacturer(s) of the product(s).
- Please note that some of the products may be suitable for certain ages and bodily constitutions only. You should check the product you are ordering and read its description, if provided, prior to placing your order. GotoChef shall not be liable in the event product ordered by you does not meet your dietary or any other requirements and restrictions.
- You or any person instructed by you shall not use products purchased via the GotoChef Platform for resale.
- All prices listed on the GotoChef Platform are correct at the time of publication, and have been placed as received from the Brand. While we take great care to keep them up to date, the final price charged to you by the Brand may change at the time of delivery. In the event of a conflict between price on the GotoChef Platform and price charged by the Brand, the price charged by the Brand shall be deemed to be the correct price except Delivery Charge of GotoChef.
- Delivery periods quoted at the time of ordering are approximate only, and may vary.
- Personal Promo code can only be used by maximum of 50 new Users.
Once an Order is placed by you and accepted by the Brand, it is not eligible for cancellation, unless the Brand has a separate cancellation policy. All the terms of the transaction will be governed by the separate Agreement entered into between you and the Brand(s) and GoToChef shall in no manner whatsoever be responsible for the Agreement/Terms entered into between you and the Brand(s)/Third Party.
15. Disclaimer of warranties, limitation of liability, and Indemnification.
- Disclaimer of Warranties
You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, GoTochef, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("GoToChef parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the GoToChef parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The GoToChef parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from GoToChef or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by GoToChef, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Limitation of Liability
You agree to indemnify, defend, and hold harmless the GotoChef Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
16. Termination of your access to the services
- You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the ‘Delete Account’ button and ceasing further use of the Services.
- We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
17. General Terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
- Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect, notwithstanding such severance.
- Partnership of Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and GotoChef and you shall have no authority to bind GotoChef in any form or manner, whatsoever.
- Governing Law/Waiver:
These Terms shall be governed by the laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
- Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
- Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
18. Notice & Take Down of copyright infringement and grievance redressal mechanism
GotoChef shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the GotoChef Platform, or items advertised on the GotoChef Platform, by end Users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the User name of the alleged infringer and the business listing it is posted under);
- Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
- Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature;
Send the written communication to:
Mr. Pawandeep Sahni
Grievance Redressal Officer
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.