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HOME SE USER TERMS AND CONDITIONS

These Terms and Conditions ("User Terms / Terms") govern the use of our website https://home-se.com/ and our application designed for mobiles and handheld devices (hereinafter referred to as HOME SE App / Platform") by the User using the Platform. Please read these User Terms carefully before your use of the HOME SE App.

The HOME SE App is owned and operated by HOGR Food Networks Pvt. Ltd., a private limited company incorporated under the Companies Act, 2013 and having its registered office at 607, 8th Main, HAL 3rd,Stage, Indiranagar, New Thippasandra, Bangalore North, Bangalore, Karnataka, India, 560075.

For the purpose of these Terms, wherever the context so requires, "User" "you", "your" shall mean the Users using the HOME SE App for the purpose of placing orders for the food preparations by home chefs available on the Platform; and the terms "HOME SE", "we", "us" or "our" shall mean HOME SE APP. These Terms govern your use and access to the HOME SE App and its services. The HOME SE App provides a platform for the Users to browse through a list of brands, chefs, curators and home chefs ("Services"). The HOME SE App allows the Users of the HOME SE App to select home chefs and brands and make orders as per the offerings in the HOME SE App.

In doing so, the Users rights, duties, obligations and liabilities shall be governed by the present terms and conditions which the User shall be deemed to have read and accepted prior to the use of the HOME SE App.

These Terms are drafted and displayed to make you aware of your legal rights and responsibilities in relation to the access and use of the HOME SE App and website. These Terms shall be applicable and deemed accepted by you at the time of your usage of the Platform and you must only use the Platform AFTER going through these Terms thoroughly and giving your free and unconditional consent. You may not use the Platform if you do not accept or are not capable to accept the Terms.

HOME SE may vary or amend these Terms from time to time at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Any continuous use of the Platform after change in Terms shall be deemed as your express acceptance to such amendment / changed terms and you also agree to be bound by such changes / amended Terms.

USER INFORMATION

The User Information shall mean and include the name, address, email ID, contact information, reviews, images, location data, device used and all other information that you willingly submit or upload to the Platform. This shall not include any information of data belonging or created by HOME SE or the sellers registered with HOME SE.

Additionally, you may be able to access certain parts or features of the HOME SE App by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Google, Facebook or any other third-party aggregator. By using the HOME SE App through a Third Party Account, you permit us to access certain information from such account for use by HOME SE. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third-Party Account.

USER ELIGIBILITY

The User in order to be eligible for the use of Services shall be

  • At least eighteen (18) years of age and competent to understand and agree to the terms and conditions laid herein;
  • Any person using the Platform not being eligible as above, shall use the Platform under guidance and supervision of an eligible user.

You will comply with all laws that apply to you, and you shall be responsible for your use of the HOME SE App along with your actions and omissions that relate to your usage of the HOME SE App

SERVICE

You may use our Services only in compliance with these Terms and as permitted by law. Our Services are not designed for use outside India, and by using our Services you are representing to us that you are eligible to use the Services and are operating within India. You agree not to interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

HOME SE is a software Platform designed to create a seamless and smooth connection between User and home chefs wherein the Users can place orders for their favorite cuisines and recipes ("Items"), get home delivery and pay the home chefs directly through modes of payments as provided under the Platform.

In order to connect with the Home chefs or sellers available on the Platform, HOME SE may allow means on communications i.e. telephonic, textual, etc. which may allow the User to directly connect with the sellers. We may record the communications for quality purposes. You explicitly agree and permit HOME SE to record information as stated above.

HOME SE reserves the right to withdraw/ suspend / cancel or discontinue any service or program at any time without notice or make such modifications that may be available to the User with updates. Further HOME SE reserves the right to terminate / suspend the User's account and / or reward any User based on its programmes and events at its sole discretion.

We may upgrade or update the Platform for better suitability to the User and the User may in order to continue access or use of the Platform or Service install such updates.

HOME SE does not guarantee the quality, quantity, prices or availability of goods or services available on its Platform through third party sellers or home chefs. HOME SE does not directly offer the seller Items. You hereby acknowledge that HOME SE App does not supervise, direct, control or monitor the Items and expressly disclaims any responsibility and liability for the Items, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

HOME SE reserves the right to charge a subscription and / or membership fee in respect to its Services at any time.

All personal data of the User as stored in the HOME SE Platform shall be governed by the Privacy Policy available on the Platform.

REGISTRATION

The User may register on the HOME SE App in prescribed form and manner as provided by us with true and correct information and (b) abide by the Terms and Conditions of the Platform.

The User shall at the time of creating its account be required to give additional information such as (i) name, (ii) email-id, (iii) contact information, (iv) address, (v) location, (vi) username and (vii) password. HOME SE may require verifying these details through one time password sent on the email or phone number of the User and the User shall cooperate in all such verifications.

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. 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 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. The User shall be responsible to keep all its information such as login details secure and confidential and shall not allow any third party to access of use your account.

Upon creating the account, the User consents to receiving email or app notifications from HOME SE.

ORDER PLACING

The HOME SE App enables Customers to search and discover home chefs, read and write reviews, view and upload photos / videos, place Orders for delivery, make payments directly to the sellers.

HOME SE does not own, sell, resell on its own the Items, and/or does not control the Seller or any other related services provided in connection thereof. The User understands that any order that he/she places and/or any payments are part of a transaction directly between the User and the seller and HOME SE is not responsible for any part of the transaction other than the access to the platform.

OWNERSHIP

HOGR Food Networks Pvt. Ltd is and shall remain the sole and exclusive owner of all Intellectual Property of the Services and its content such as, etc. associated with the Services. The User shall not

  • sell, rent or sub-license material owned by HOME SE or HOGR Food Networks Pvt. Ltd.
  • modify, publish, transmit, participate in the transfer any of the Content
  • reproduce, duplicate, copy or otherwise exploit material from our Content;
  • edit, reverse engineer or otherwise modify our Content in any manner;
  • create derivative works based on, or otherwise exploit any Content of or on the HOME SE App;
  • redistribute material from our Content without express written consent from HOME SE; or
  • broadcast or otherwise show any material from our Content to the public.

The User agrees and acknowledges that HOME SE and HOGR Food Networks Pvt. Ltd is the sole and exclusive owner of the HOME SE Platform and trademarks, logos, trade dress available on the Platform ("Intellectual Property"). HOGR Food Networks Pvt. Ltd. retains all right, title and interest (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights), whether registered or not, in and to Intellectual Property, all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. There are no implied licenses under these Terms and Conditions and any rights not expressly granted to the User are expressly reserved by HOME SE.

The User further agrees and acknowledges that it (i) shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code of the Intellectual Property and (ii) shall maintain the integrity and confidentiality of the Intellectual Property.

TERM

Unless you opt out of auto-renewal, which can be done by contacting us at info@homese.app, all our Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected at the then-current rate.

YOUR HOME SE ACCOUNT

To use and access the HOME SE App as mentioned under these Terms, you will be required to create an account on the HOME SE App ("HOME SE Account"). The information provided to create the HOME SE Account shall be governed by the Privacy Policy. The email address provided to create the HOME SE Account shall serve as the primary email address through which all information in relation to payment, refund, invoicing and customer activity/data shall be communicated to you. To protect your HOME SE Account, keep your password confidential. You are responsible for the activity that happens on or through your HOME SE Account. Try not to reuse your HOME SE Account password on third-party applications. If you learn of any unauthorized use of your password or HOME SE Account, contact us at info@homese.app.

Your usage of our Services:

  • Your Ownership: Some of our Services may allow you to upload, submit, store, send or receive content, for example the menu items. You retain ownership of any intellectual property rights that you hold in that content.
  • User Submissions: Anything you post, upload, share, store, or otherwise provide through the Platform shall be a treated as content submission ("Content Submission"). You are solely responsible for all Content Submissions you contribute to the Services. You represent that all Content Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

If you submit a review, you represent and warrant that you are the sole author of that review; the review reflects an 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.

HOME SE reserves the right to remove any content submitted or uploaded by you at any time at its sole discretion.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any Content Submission that: (i) infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography, paedophilic libelous; (iii) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violates any law. (ix) is grossly harmful, harassing, blasphemous, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, (x) deceived or misleads the addressee about the origin of such messages or communicated any information which is grossly offensive or menacing in nature, (xi) impersonates another person.(xii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform.

You agree not to use the HOME SE Platform for any commercial purpose from the non-commercial User Account of HOME SE.

You agree not to access the HOME SE account through any means other than the means provided by HOME SE including third party platforms, VPN, etc.

RESTRICTIONS ON USAGE OF SERVICES

You represent, warrant, and agree that you will not provide, share, post, edit any Content (each of those terms is defined below) or otherwise use the HOME SE App or interact with the HOME SE App in a manner that:

  • infringes or violates the intellectual property rights or any other rights of any third-party (including HOME SE);
  • violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by HOME SE;
  • is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • jeopardizes the security of your HOME SE User ID, account or anyone else's (for instance, allowing someone else to log in to HOME SE App as you);
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs Mail-list, Listserv, or any form of auto-responder or "spam" on the HOME SE App, or any processes that run or are activated while you are not logged into the HOME SE App, or that otherwise interferes with the proper working of the HOME SE App (including by placing an unreasonable load on the HOME SE App infrastructure);
  • Uses "crawls," "scrapes," or "spiders" on any page, data, or portion of or relating to the HOME SE App (through use of manual or automated means);
  • Makes copies or stores any significant portion of the content;
  • reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the HOME SE App.

A violation of any of the foregoing is grounds for termination of your right to use or access the HOME SE App immediately without cause. HOME SE decision on termination on the grounds mentioned above shall be final and binding on all users.

HOME SE LICENSE TO USE YOUR CONTENTS

In consideration of availing the HOME SE Services, you hereby grant HOME SE an irrevocable, perpetual, world-wide, non-exclusive, assignable, sub-licensable, and transferable license to use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works of your Content

DISCLAIMERS

Other than as expressly set out in these Terms as agreed to by you in writing, neither us nor our third-party suppliers or distributors or licensors make any specific promises about the Services. We don't make any commitments about the content within the Platform, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We, and our third-party suppliers, distributors and licensors, do not warrant or make any representations regarding the use or the results of the use of the Services, including with respect to its correctness, accuracy, reliability, or otherwise. We provide the Services "as is". To the extent permitted by law, other than as expressly set out in these terms as agreed to by you in writing, we (and our third-party suppliers and distributors and licensors) hereby disclaim and exclude all warranties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. We expressly disclaim any responsibility and liability in connection with any sale, including but not limited to any warranty or condition of quality or fitness of a product for a particular purpose, or compliance with any law, regulation, or code towards the sale of such product.

INDEMNIFICATION

You agree to indemnify and hold harmless, HOME SE App, its parent, holding and subsidiary companies, affiliates, associates, partners, employees, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of (a) your access to, use of, or misuse of the Services, in a way that is harmful to others including any claim arising from your preparation, description, or sale of User Items; (b) your violation of any portion of these User Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right of confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party or (e) Any acts of fraud, misrepresentation or gross negligence by You; or (f) Any medical or health issues caused to any third party by using this Platform, death, injury, or harm caused by the User or the usage of its User Items to the any third party by using this Platform; (g) Any acts by the User that results in any harm, loss of reputation or in the sole opinion of HOME SE App, any act which may have an impact on HOME SE App or its brand image, brand value or it's public perception. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, we and our past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns (the "HOME SE Parties"), will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, the HOME SE aggregate liability for any claims under these Terms entered into between the User and HOME SE, as applicable, including for any implied warranties, shall not be accepted below Rs. 1000 (Rupees One Thousand only) and shall not exceed Rs. 5,000 (Rupees Five Thousand only) towards any single or cumulative claim. In all cases, we and our suppliers, licensors and distributors, will not be liable for any loss or damage that is not reasonably foreseeable, including, without limitation, any force majeure event. Except as provided hereunder, your sole and exclusive remedy under these Terms is to discontinue using the Services. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your services.

FORCE MAJEURE

In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to acts of God, natural disasters, or other causes that are beyond reasonable control, the party that is restricted in performing its obligations shall notify the other party immediately upon the occurrence of such event. Upon notification by the restricted party, the performance of the obligations of the restricted party shall be extended for such period as may be between the parties.

TERMINATION

We reserve the right to suspend or terminate your access to the HOME SE App immediately without any notice to you if: (a) you are in breach of these Restaurant Terms, (b) you are using the HOME SE App in a manner that would cause a real risk of harm or loss to us or other users, (c) in our sole discretion for any reason.

THIRD PARTY CONTENT

You acknowledge that when you access a link that leaves the HOME SE App, the site you will enter into is not controlled by us and different terms of use/service and privacy policies may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We do not screen or investigate third party material before or after including it on our HOME SE App. Third party content, including content posted by our Customers, does not reflect our views or that of our HOME SE App. We assume no responsibility or liability for any of your content or any third party content. You further acknowledge and agree that HOME SE App 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 websites 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.

MODIFICATION OF TERMS

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://home-se.com/, send you an email, and/or notify you by some other means. As such, the HOME SE App may change from time to time, at our discretion. We may stop (either permanently or temporarily) providing certain Services or any features within the HOME SE App to you or to users generally.

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the HOME SE App. If you use the HOME SE App in any way after a change to the Terms is effective, that means you agree to all of the changes.

ABOUT THESE TERMS

Third Party Rights: These Terms control the relationship between HOME SE App and you. They do not create any third-party beneficiary rights.

No Waiver: If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other terms.

Assignment: You shall not assign any of your rights under these Terms, and any such attempt will be void. HOME SE App may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services (whether by sale of stock or assets, merger, consolidation or otherwise).

GOVERNING LAW AND DISPUTE RESOLUTION

In the event of any claim, dispute, difference or question between the parties arising out of or in connection with or in relation to the Terms ("Dispute"), the parties shall first endeavor to settle such Dispute amicably by mutual discussion in good faith. (i) If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall be Bangalore and shall be conducted in the English language. Subject to the foregoing, the courts at Bangalore alone shall have exclusive jurisdiction to entertain any Dispute arising out of these Terms. These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India.

DISCLAIMER

HOME SE and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (HOME SE and all such parties together, the "HOME SE App Parties") make no representations or warranties concerning the HOME SE App, including without limitation regarding any Content contained in or accessed through the HOME SE App, and the HOME SE App Parties will not be held responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the HOME SE App or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or use of, or in any way related to your participation in, the HOME SE App. The HOME SE App Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the HOME SE App, including any Items. The HOME SE App and Content are provided HOME SE HOGR App. (and its licensors and suppliers) on an "as-is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the HOME SE App will be uninterrupted or error-free.

PRIVACY POLICY

The Privacy Policy describes how we handle the information provided to us upon use of our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by us.

COMMUNICATIONS

In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information.