Zepper (Foogle Pvt Limited) (hereinafter referred to as “Zepper “, “we”, “us”, or “our”) provides an online marketplace that connects Home-chefs who want to provide Food Services to users looking for home cooked meals (collectively, the “Services”). By using the Application and the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Application, Services and all content, and your participation in referral and other promotion programs undertaken by us from time to time (“Referral Programs”), and these terms of use constitute a binding legal agreement between you and Zepper. Please read carefully these Terms and our Privacy Policy, which may be found here, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Application or Services.
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 website at www.zepper.co.in (the “Site”) and any related mobile applications customer, chef, delivery, Admin including but not limited to delivery 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 users, including but without limitation to users having access to ‘ business page’.
Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Zepper and signify your acceptance to the Terms of Use and other Policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
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 Platform is at your own risk, including the risk of data theft, virus attack or that you might be exposed to content that is objectionable, or otherwise inappropriate. The Content on these Services is for informational purposes only. Zepper disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Zepper reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Zepper does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any of the listing of Home Chefs.
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 the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You further declare that you are in compliance with all laws and regulations in the locality/state/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(ies).
We reserve the right to modify or change these Terms of Use and other Zepper policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Zepper policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other Zepper policies. As long as you comply with these Terms of Use, Zepper grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Zepper policies as may be posted on the Platform from time to time.
Zepper is constantly evolving in order to provide the best possible experience and information to its users. The primary purpose of services is to connect the Home Chefs to the users. Except connecting the users to Home Chefs, we are not providing any services, of whatever nature to the users. Users acknowledge that Zepper is not charging any consideration from the users to provide the services. As no consideration is charged from the users, there is no consumer-service provider relationship between users and Zepper. The services are freely offered to the users, and users are free to discontinue receiving services anytime they wish. You acknowledge and agree that the form and nature of the Services which Zepper provides, may require effecting certain changes in it, therefore, Zepper 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 prior notice
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
All commercial/contractual terms are offered by Home chefs and agreed to, is between Buyers and Home Chefs alone which includes product quality and taste. Zepper offers support services to Home Chefs in respect to order fulfilment, payment collection, delivery, packaging, call centre, and other services, pursuant to independent contracts executed by it with the Home Chefs. The user acknowledge that they are stranger to this contract, and they have nothing to do with this contract. Zepper does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) or specifics such as quality, value, salability, etc. of any of the Home Chefs.
All Home Chefs offers and third-party offers are subject to respective party terms and conditions. Zepper takes no responsibility for such offers.Zepper is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Home Chefs on the Platform come into or take possession of any of the products or services offered by Home Chefs. At no time shall Zepper hold any right, title or interest over the products, nor shall Zepper have any obligations or liabilities in respect of such contract entered into between Buyer and Home Chefs.
Zepper is only providing a platform for communication, and it is agreed that the contract for sale/service of any of the products or services shall be a strictly bipartite contract between the Home Chefs and the Buyer excluding the delivery, platform, packaging and other charges which comes under the scope of Zepper.
Zepper does not endorse any Members, home chefs, any Meals or any Member Content or any sale or service. In addition, although these Terms require Home Chefs/Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s/user purported identity. Zepper will not be responsible for any damage or harm resulting from interactions with other Members/Users. By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members/users or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on or seek any legal remedy from Zepper with respect to such actions or omissions.
The Home Chefs are solely responsible for honoring any confirmed bookings and making available any dishes/service reserved through the platform. If you, as a Zepper buyer, choose to enter into a transaction with a Home Chefs for the booking of a Meal, you agree and understand that you will be required to enter into an agreement with the Home Chefs and you agree to accept any terms, conditions, rules and restrictions associated with such Meal imposed by the Home Chefs. You acknowledge and agree that you, and not Zepper, will be responsible for performing the obligations of any such agreements, and we are not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You may have to create an account in order to use some of the features offered by the platform, including without limitation to specific pages for Home Chefs on the Platform. Use/storage 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 [wherever required] 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 are always and solely 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 may also be able to register to use the platform by logging into your account with your credentials from certain third- party social networking sites (e.g., Facebook, Gmail, LinkedIn 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 instructions. In creating an account, 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 or Home Chef listings except as otherwise authorized by us, or provide or use false information to obtain access to platform that you are not legally entitled to claim. You acknowledge that any false claim may result in substantial losses or damage to Zepper or third parties, for which you may be held legally liable and accountable.
Some of the Services are/may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the platform, queries made through the platform or other information. The manner, mode and extent of advertising on the platform are subject to change without specific notice to you. You agree that Zepper may place such advertising on the platform.
Part of the platform may contain advertising information or promotional material, or other material submitted to Zepper by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the 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 through the Platform, 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.
Zepper 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 Platform and mobile application.
The Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Zepper is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zepper of such websites or resources or the content, products, or services available from such websites or resources.
You acknowledge and agree that the Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Zepper and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, Services, or Collective Content.
All text, photographs, trademarks, logos, sounds, graphics, user interfaces, visual interfaces, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, expression, “look and feel” and arrangement of such Content, contained on the platform is owned, controlled or licensed by or to Zepper, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.Except as expressly provided in these Terms of Use, no part of the platform and no Content may be copied, reproduced, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our expressed prior consent.