1. Acceptance of Terms, etc
1.1. These Terms are in the form of an electronic and legally binding contract that establishes the terms and conditions You have accepted before using the App or any part thereof. These include Our Privacy Policy and Other Policies as mentioned in these Terms, including but not limited to terms governing App features, billing and payment, reviews and ratings, promotions and discounts. By using the App, You hereby unconditionally consent and accept to these Terms, Privacy Policy and Other Policies. To withdraw such consent, You must immediately cease using the App and terminate Your account with Us. You are requested to keep a physical and updated copy of these Terms and all other referred policies herein for Your records.
1.2. You consent to have these Terms and all notices, correspondences and communications provided to You in electronic form.
1.3. Every time You use the App, You confirm Your agreement with these Terms, Privacy Policy and Other Policies.
2. Eligibility
2.1. The minimum age to use the App is 18 (eighteen) years. By using the App and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or have the required permission from your legal guardian to use the App. We reserve the right to terminate Your account upon knowledge of You being a minor.
2.2. By using the App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
3. App Usage and Account
3.1. Subject to your compliance with these Terms, You are granted a free, non-exclusive, revocable, non-transferable, non-sublicenseable and limited right and license to download and use the App solely for Your personal and non-commercial purposes. However, charges shall be applicable on the products and/or services availed by You from the App. We reserve all rights in and to the App and its contents not expressly granted to you under these Terms.
3.2. When you use the App, We collect certain personal and non-personal information from You.
3.3. Your App login details must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for maintaining the utmost privacy and confidentiality thereof and for any and all usage and activity on the App that takes place under Your account and login. You agree to immediately notify Us of any disclosure or unauthorized use of Your login or any other breach of security at support@chaska.co.in and ensure that You logout from Your App account at the end of each session.
3.4. You are required to provide Us with your e-mail/ login/ password while placing any order through the App. By agreeing to these Terms, You grant Us the permission to send electronic communications at the email provided by You as well as make calls and send auto-dialled and/or pre-recorded messages/calls from Us on the mobile number provided by You as part of Our offering. You also consent to receiving SMSs, newsletters and email and mobile notifications from Us at any time We deem fit. These emails/calls/messages shall pertain to clarification about Your order placed on the App, complaint handling, feedback and for marketing and promotional purposes as well as promotional offers from Our partners. Should You no longer wish to receive such communications, You may write to us at support@chaska.co.in. You acknowledge that opting out of receiving any such communications may impact Your use of the products and services offered through the App.
3.5. When You place an order for any food/beverage item through the App, We may ask You to supply additional information relevant to such order, including without limitation, your credit/debit card number, its expiration date, internet banking details and the address for billing and delivery. You represent and warrant that You have the legal right to use all the foregoing payment method(s) to place orders on the App. When You initiate any transaction on or through the App, You authorize Us to provide your payment details and information to third parties so We can complete Your order and to charge Your payment method for the type of transaction You have selected. You may further be required to provide additional information to verify Your identity before completing Your transaction. We will take all reasonable care to keep the details of Your order and payment secure, but in the absence of negligence on Our part, We cannot be held liable for any loss You may suffer if any third party procures unauthorized access to any data You provide when accessing or ordering from the App.
3.6. You shall comply with all applicable third party terms of service, if any and if applicable, when using the App.
4. Your Obligations
4.1. Except as expressly permitted in these Terms, You shall not: (i) copy, modify, decompile, reverse engineer, disassemble or create any derivative works based on the App; (ii) distribute, transfer, sub-license, lease, lend or rent the App to any third party; or (iii) make the functionality of the App available to multiple users through any means.
4.2. You shall not cut, copy, distribute, transfer, modify, create, disseminate, post, publish or create any derivative works from any content, including images and any information available on the App for any purpose whatsoever.
4.3. You shall not access or make any attempt to access the App and/or any content available on or through the App by any means other than through the access interface provided by Us.
4.4. You shall not (i) use or incorporate into the App any deep-link, robot, spider or other automatic or automated devices, tools, programs, methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any content therein, or (ii) in any way reproduce or circumvent the navigational structure or presentation of the App or its content, or (iii) obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.
4.5. In case the App permits You to post or upload any data/information such as reviews, You undertake to ensure that such data/information is not offensive and is in accordance with all applicable laws, including The Information Technology Act, 2000 and Rules made thereunder. Further, You undertake not to:
(i) publish, post, disseminate any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever;
(ii) post any content that infringes the copyright, patent or trademark or any other intellectual property right of Ours or of any third party or person;
(iii) upload or distribute files or content that contain viruses, or any other similar software or programs that may damage the operation of the App, whether partially or fully;
(iv) disrupt or interfere with the security of, or otherwise cause harm to, the App, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites.
We have no obligation, to monitor any content posted by You on the App. We shall have the right to remove or edit any content posted by You that in Our sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms or is against the larger interest of the App and/or its users.
Notwithstanding the foregoing, You remain solely responsible and liable for any content You post on the App. 4.6. Please note that all of the food/beverage items may not be suitable for Your consumption for various purposes such as spiciness, allergy etc. You shall first check that the food/beverage item You intend to order is suitable for Your consumption. We shall not be held liable or responsible in any way if You order any food/beverage item which is not suitable for Your consumption.
4.7. Food/beverage items ordered from the App are intended for Your use/consumption only and You warrant that the same is not for resale or any other purposes.
4.8. You shall not use the App or any of its content for any commercial purpose or the benefit of any third party or in any manner not expressly permitted by these Terms.
4.9. From time to time, Our App may have external links connected to other third party websites. We do not, under any circumstance, suggest, promote or endorse such external links or third parties or any content, advertisement, products or other materials made available therefrom. We will in no way whatsoever be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, products or services available on or through any such third party websites. Further, such third party websites may have their own terms of use and other policies and hence You are advised to use Your own discretion while accessing such external sites.
4.10. It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
5. Our Offerings
5.1. While We endeavour to have a pan India presence, Our offerings through the App are not currently available throughout India. In case You download the App and place an order for any food/beverage item offered through the App, We will notify You if We can service Your order at the address provided by You or not. If for any reason You have paid any money for availing any such food/beverage item offered through the App and if We are unable to service Your said order, We will refund Your money in full.
5.2. Though We endeavour to ensure any food/beverage item showcased on the App is always available, please note that the same shall always be subject to its availability, chef availability and Our delivery capacity and hence such food/beverage item though showcased, may not always be available. You hereby waive any objection to the same.
5.3. We make a continuous and conscious effort to describe and display every food/beverage item accurately on Our App. All Our products are handcrafted and thoughtfully planned by excellent chefs. Please note that because of the inherent nature of the Internet, the actual image of any food/beverage item displayed on the App may not necessarily match with the item supplied to You or taste exactly as it was described and may differ from item to item. You hereby waive any objection to the same and agree to accept such item ordered by You through the App regardless of any such variations.
5.4. Though We shall endeavour, however We cannot and do not guarantee the accuracy or completeness of any description or depiction of any food/beverage item. We reserve the right to change or update any such description or depiction, to substitute specific ingredients and to correct errors, inaccuracies or omissions at any time without giving any prior notice to You.
5.5. When You place order for any food/beverage item on the App, We will send You an automated email/SMS to confirm that We have received the same and which shall specify Your order details, approximate delivery time and price. A notification confirming the said order details will also be provided through the App. You must inform Our customer service center or write to us at support@chaska.co.in immediately if any such details are incorrect or incomplete. The fact that You receive such automatic confirmation from Us does not necessarily mean that We will be able to fill Your order. Once We send such confirmation, We will check the chef availability and delivery capacity pertaining to Your said food/beverage item. If the food/beverage item ordered by You is not available or if there is no chef availability or delivery capacity, We will also let You know of the same by email, SMS or phone call.
5.6. If You have any complaint or dispute concerning any food/beverage item ordered by You through the App, please call our customer service center or write to Us at support@chaska.co.in and We will try our best to remedy the problem in the manner We deem appropriate in Our discretion.
. 7. Delivery
7.1. We cannot and do not guarantee that every food/beverage item ordered by You through the App will arrive exactly within the timeframe, estimated or otherwise, We provide You when You place Your order. In particular, in case of any adverse climatic/weather conditions or any other event beyond our reasonable control that hamper or interfere with Our ability to deliver the food/beverage item ordered by You through the App, We will make all reasonable attempts to deliver the same as soon as reasonably and practically possible. In the event that timely delivery of Your order is not feasible, We will intimate You of the same and seek Your confirmation whether You wish to accept such delayed delivery or wish to cancel Your order. In case You wish to accept such delayed delivery then You hereby agree to accept Your order and pay for the same (if order is placed on COD basis) without any demur and release Us from any and all liability for any loss, damage or inconvenience that You have encountered or likely to encounter as a result of such late delivery.
7.2. Delivery periods quoted at the time of ordering are approximate only and may vary. We will make every effort to deliver within the time stated, however, We will not be liable for any loss caused to You if Your order gets delivered to You after such time.
7.3. Before accepting delivery of the food/beverage item ordered by You through the App, You are responsible for inspecting the said order delivered by the delivery personnel for any spoilage, damage or other issues.
7.4. If You fail to accept delivery of the food/beverage item ordered by You through the App at the time of delivery, or if at all We are unable to deliver at the nominated time due to Your failure to provide appropriate instructions or details to Us, then such items shall be deemed to have been delivered to You and all risk and responsibility in relation thereto shall pass to You. Any storage and other costs, including delivery charges and applicable taxes, which We incur as a result of the inability to deliver as per the foregoing, shall be Your responsibility and You shall indemnify Us in full for such costs.
7.5. All risk in the food/beverage items shall pass to You upon delivery.
8. Cancellation
8.1. If You wish to cancel any of Your food/beverage item order placed on the App You may do so only if the following terms and conditions are satisfied:
(i) Cancellation request shall be made by You through chat feature only
(ii) Cancellation of order will be accepted till 2 (two) hour before such order’s delivery time indicated by Us
(iii) Cancellation must be done for the entire order and not for any part thereof
(iv) In case of orders of cakes, once any cake order is placed and confirmed, the same cannot be modified or cancelled
(v) We reserve the right to cancel any order owing to operational issues
8.2. There is no cancellation fee levied by Us.
8.3. In an unlikely scenario where We deliver a wrong food/beverage item, You have the right to reject the delivery of the wrong item only and You shall be fully refunded for the missing item as per Clause 8.4.
9. Your Information
9.1. For information about the collection and possible use of information and content provided by You, please review Our Privacy Policy at the link https://www.chaska.co.in
9.2. Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending Ours, any App user’s or any third party's rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks. You acknowledge and understand the provisions of this Clause 9.2 and grant Us an unconditional, perpetual right and permission to make such disclosure.
9.3. By using the App, You hereby permit Us to use the information You provide Us, including Your experiences to facilitate Us to improve the App, its offerings and functionality as well as for promotional purposes, including the permission to share or publish Your non-personal information in any of Our partner websites.
9.4. Although We are not obligated to monitor Your App access or usage or to review or edit any information posted by You, if permitted by Us, We however have the right to do so at Our sole discretion for the purpose of operating the App, to ensure compliance with these Terms, if any of Your information is found to be objectionable to Us or in violation of these Terms and to comply with applicable law or other legal requirements.
10. Ratings, Review, Feedback
10.1. We welcome feedback, comments, and suggestions for improvements to the App and Our offerings. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose.
10.2. In order to enable Us serve high quality meals and give Our users an enriching App experience to our offerings, We encourage all Our users to provide their ratings on the food/beverage item ordered by them through the App. Apart from ratings, We may also request You to provide Us with Your valuable review and overall feedback as regards Your overall experience with the App so that We can improvise the App and its features.
10.3. Soon after any food/beverage item ordered by You through the App has been delivered to You, We shall send You an email and/or a request through the App requesting You to provide Us with Your overall rating for the food/beverage item ordered by You. Such rating would be a scale of 1-5 (where 1 being the lowest and 5 being the highest). Please note that all such ratings for any food/beverage item denote the average user ratings and not necessarily only Your rating. We do not have any role to play or interfere with any of Our user ratings. You hereby understand and agree without any objection of any sort that if You give a lower rating to any food/beverage item ordered by You, Your said rating may not necessarily be shown on the App and the said food/beverage item may still show a higher rating than the rating provided by You. This is because other users who have ordered for the same food/beverage item may have given a higher rating to such food/beverage item. For eg. You place an order for Pav Bhaji food item which has a current rating of 4.5. If for any reason You are not satisfied with the said dish and give a rating of 2 out of 5, the said food item may show a rating of 4 or 4.5 out of 5.
10.4. You hereby expressly agree and understand that all reviews and feedback You post on the App or provide to Us pertaining to any food/beverage item will be used by Us for internal purposes and mainly for improvising on Our capabilities and offerings and features so that We can provide Our users with an enriching App experience.
11. Complaints
11.1. We take complaints very seriously and through we shall strive to respond and resolve Your complaints within 24-48 hours, there may be certain instances where such complaints redressal take upto 4-5 business days. Redressal related to money related complaints may take upto 72 hours depending on the mode of transaction and the financial institution.
11.2. All complaints should be addressed as under:
(i) If by email then to support@chaska.co.in
(ii) If on the Chaska website then in the ‘Customer Care’ section.
(iii) If on the Chaska mobile app then in the ‘Chat with us’ section.
(iv) You can also lodge Your complaint in the 'review your order' section.
11.3. Your complaint must pertain to any of the following:
(i) Order placement issues
(ii) Payment related issues
(iii) Order delivery issues
(iv) Food quality related issues
11.4. All the complains are handled by Us through an automated ticketing system and on first come, first serve basis. If there is an unsolved ticket for any complaint in Our system, such complaint is then handled by Our Customer Care Manager and resolved on a case-by-case basis.
13. Disclaimer of Warranty
13.1. You expressly understand and agree that, to the maximum extent permitted by applicable law, the App, food/beverage items and other products/services offered through the App and any content/information provided on the App is on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis without warranty of any kind, express, implied, direct, indirect, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, correctness, validity, accuracy, completeness, appropriateness, fitness for consumption purposes or non-infringement. Without limiting the foregoing, We make no warranty:
(i) that the App will always be secured, uninterrupted, available or error-free;
(ii) about the quality, accuracy, timeliness, truthfulness, completeness or reliability of any App content;
(iii) that any errors or defects in the App or any of its contents, products and/or services offered through the App will be corrected;
(iv) that the App or any order placed through the App will meet Your requirements or expectations;
(v) that the food/beverage items offered through the App shall fit the exact description of the images and corresponding details provided on the App or that such items will always be fit for consumption; and
(vi) that the services rendered through the App will always be rendered in an uninterrupted or in a timely manner.
13.2. From time to time, We may offer new features or tools which Our App users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
13.3. We accept no responsibility for any damage, loss, liabilities, death, injury or disappointment incurred or suffered by You as a result of the App or for any food/beverage item ordered and consumed through the App.
14. Limitation of Liability
14.1. You agree to hold Us, Our directors, employees, agents, consultants, partners and other related or affiliated third parties not liable, to the full extent permissible under all applicable laws, for any harm, loss, or damage that may come to You or to anyone else as a consequence of Your use of the App or any food/beverage item ordered through the App.
14.2. To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the App, arising out of or in connection with these Terms or from the use of or inability to use the App or consumption of food/beverage items ordered through the App, loss or corruption of data or programs, service interruptions and/or procurement of substitute products, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not We have been informed of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
14.3. In no event will Our total liability arising out of or in connection with these Terms, from the use of or inability to use the App, or from any food/beverage items ordered through the App exceed the amount You have actually paid for the concerned food/beverage items ordered.