PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, COOKS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES WHEN THEY PREPARE FOOD FOR THE CONSUMERS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES.
THE WEBSITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COOKS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR FOOD ITEMS (DEFINED BELOW) AND CONSUMERS (DEFINED BELOW) MAY LEARN ABOUT AND ORDER/RESERVE FOOD. YOU UNDERSTAND AND AGREE THAT FOOD FIESTAA IS NOT A PARTY TO ANY AGREEMENTS ENTERED BETWEEN COOKS AND CONSUMERS. FOOD FIESTAA TEAM WILL VALIDATE EACH COOK AND ESTABLISHES A STANDARD FOR COOKS BUT HAS NO CONTROL OVER THE QUALITY OF THE FOOD, CONDUCT OF COOKS OR CONSUMERS AND OTHER USERS OF THE WEBSITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Food Fiestaa Content” means all Content that Food Fiestaa makes available through the Website, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Food Fiestaa Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Member” means a person who completes Food Fiestaa account registration process, including, but not limited to Cooks and Consumers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Website, Application or Services.
“Consumer” means a Member who views and orders food via the Website, Application or Services, or a Member who consumes food prepared by the Cook marketed via Food Fiestaa.
“Cook” means a Member who prepares food, posts food details and/or serves food via the Website, Application or Services.
“Food” means any nourishment item listing offered by a Cook and available for order via the Website, Application, or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“Delivery” means a person who delivers the confirmed order and delivers to the consumer’s location.
Certain areas of the Website and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and terms and conditions posted for a specific area of the Website, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and Apply to that company or other legal entity.
Information Technology Act and Rules
(a) The website, www.foodfiestaa.com (hereinafter referred to as “the Website”) is owned by GG Food Fiesta Pvt. Ltd (hereinafter referred to as the “Company”), a Private Limited Company incorporated under the Companies Act 1956/Companies Act 2013 having its registered office at Chennai, India.
(c) The use of this Website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to be bound by all of the policies.
The Website, Application and Services are intended solely for persons who are 18 or older. By accessing or using the Website, Application or Services you represent and warrant that you are 18 or older. Those under 18 may reserve Food Fiestaa Food items when authorized by a parent or guardian over the age of 18.
How the Website, Application and Services Work?
The Website, Application and Services can be used to locate and consume homemade or home style foods prepared by Cooks in a Home or non-commercial environments. Such foods are included on the Website, Application and Services by Cooks. You may view the food items as a guest/unregistered visitor to the Website, Application and Services; however, if you are a consumer and wish to order a food item, you must first register to create a Food Fiestaa Account (defined below) or can browse as a guest and must provide contact details at the time of check out. But if you are cook or chef and wish to post your dish, you must first build your profile and then you can add new menu items to the list.
As stated above, Food Fiestaa makes available a marketplace with related technology for Cooks and Consumers to connect online and share the food. Food Fiestaa is not an operator of food establishments yet, including, but not limited to, restaurants. Food Fiestaa does not cook or provide food materials for Cooks at this time. Food Fiestaa’s role is solely to facilitate the availability of any food items. Similarly, Food Fiestaa is not a contracting agent or representative of any Cook. Instead, Food Fiestaa’s role is solely to facilitate the availability of the Website, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE ORDERS OF ANY FOOD ITEMS LISTED BY THE COOK. FOOD FIESTAA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY FOODS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY FOODS. FOOD FIESTAA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL FOODS. ACCORDINGLY, ANY ORDERSS WILL BE MADE AT THE CONSUMER’S OWN RISK.
In order to access certain features of the Website and Application, and to order a food item or to post a food item, you must register to create an account (“Food Fiestaa Account”) and become a Member. You may register to join the Services directly via the Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Google); each such account, a “Third Party Account”, via our Application, as described below. As part of the functionality of the Website, Application and Services, you may link your Food Fiestaa Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Food Fiestaa through the Website, Services or Application; or (ii) allowing Food Fiestaa to access your Third Party Account, as is permitted under the Applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Food Fiestaa and/or grant Food Fiestaa access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the Applicable Third Party Account and without obligating Food Fiestaa to pay any fees or making Food Fiestaa subject to any usage limitations imposed by such third party service providers. By granting Food Fiestaa access to any Third Party
Accounts, you understand that Food Fiestaa will access, make available and store (if Applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website, Services and Application via your Food Fiestaa Account and Food Fiestaa Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Food Fiestaa Account on the Website, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Food Fiestaa’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website, Services and Application. You have the ability to disable the connection between your Food Fiestaa Account and your Third Party Accounts, at any time, by accessing the “Profile” section of the Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Food Fiestaa makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Food Fiestaa is not responsible for any SNS Content.
We will create your Food Fiestaa Account and your Food Fiestaa Account profile page for your use of the Website and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Food Fiestaa Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Food Fiestaa will keep the cooks contact information in confidence and will not share those details to consumers. Food Fiestaa reserves the right to suspend or terminate your Food Fiestaa Account and your access to the Website, Application and Services if you create more than one (1) Food Fiestaa Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Food Fiestaa Account, whether or not you have authorized such activities or actions. You will immediately notify Food Fiestaa of any unauthorized use of your Food Fiestaa Account.
Food Fiestaa reserves the right, at its sole discretion, to modify the Website, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms.
By continuing to access or use the Website, Application or Services after we have posted a modification on the Website or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Application and Services.
Food Fiestaa does not endorse any Members or any food items posted in our Website, Application or Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Website, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Website, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members 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 Food Fiestaa with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Website and Services regarding any Food items made by you.
As a Member (cook), you may post your own food after an approved registered process. To this end, you will be asked a variety of questions about the food to be listed, including, but not limited to, the number of servings, ingredients, date, and pricing and related rules and financial terms. In order to be featured in Foods via the Website, Application and Services, all Food items must have valid physical addresses and valid phone number. Food items/menu lists will be made publicly available via the Website, Application and Services. Other Members will be able to order your food via the Website, Application and Services based upon the information provided in your Food item. You understand and agree that once a Consumer requests a Food, the price for such orders may not be altered.
You acknowledge and agree that you are solely responsible for any and all Food items you post. Accordingly, you represent and warrant that any Food you post and the order of a Food you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all Applicable laws, Tax requirements, and rules and regulations that may Apply to any Food you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties. Please note that Food Fiestaa assumes no responsibility for a Cook’s compliance with any Applicable laws, rules and regulations.
You understand and agree that Food Fiestaa does not act as an insurer or as a contracting agent for, or representative of, you as a Cook, and if a Consumer requests a your Food and consumes your Food, any agreement you enter into with such Consumer is between you and the Consumer and Food Fiestaa is not a party thereto. Please note that Food Fiestaa reserves the right, at any time and without prior notice, to remove or disable access to any Food for any reason, including Food items that Food Fiestaa, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application or Services.
Postings, Orders and Financial Terms
Postings, Orders and Financial Terms for Cooks
The fees displayed in each food item are comprised solely of the Food Fees (defined below). Service Fees (defined below) and Taxes, where Applicable, may be charged in addition to the Food Fees. The Food Fees, the Service Fees and Applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Consumer solely relating to a Cook’s Food are the “Food Fees”. Please note that it is the Cook and not Food Fiestaa which determines the Food Fees. Food Fiestaa charges a fee to Cooks and Consumers based upon a percentage of Applicable Food Fees, which are the “Service Fees”. The Consumer Fees are added to the Food Fees to calculate the Total Fees displayed in the Applicable Food. Food Fiestaa will collect the Total Fees at the time of an order confirmation by a consumer and will remit the Food Fees deducting the service charges to the Cook within five to seven business days.
Please note that Food Fiestaa does not currently charge fees for the creation of Food items. However, you acknowledge and agree that Food Fiestaa reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Food items. Please note that Food Fiestaa will provide notice of any Food fee collection via the Website, Application and Services, prior to implementing such a Food fee feature.
Postings, Orders and Financial Terms for Consumers
The Cooks, not Food Fiestaa, are solely responsible for honoring any confirmed orders and making available any Food items reserved through the Website, Application and Services. If you, as a Consumer, choose to enter into a transaction with a Cook for the orders of a Food item, you agree and understand that you have entered into an agreement with the Cook and you agree to accept any terms, conditions, rules and restrictions associated with such Food outlined by the Cook in the posting of the Food. You acknowledge and agree that you, and not Food Fiestaa, will be responsible for performing the obligations of any such agreements, and Food Fiestaa is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
If a requested order is cancelled by the Cook for a valid reason, any amounts collected by Food Fiestaa will be refunded to such Consumer.
You agree to pay Food Fiestaa for the Total Amount for any orders requested in connection with your Food Fiestaa Account if such requested orders are confirmed. In order to establish an order and obtain confirmation of your requested orders, youunderstand and agree that Food Fiestaa will charge your credit card for the Total Amount. Please note that Food Fiestaa cannot control any fees that may be charged to a Consumer by his or her bank related to Food Fiestaa’s collection of the Total Fees, and Food Fiestaa disclaims all liability in this regard.
In consideration for providing the Services, Food Fiestaa collects service fees from Consumers and Cooks (“Service Fees*”) upon a completed transaction. The Food price will be remitted to Cooks after the deduction via check or direct deposit to the registered cooks bank account or on a registered third party payment processing system upon a completed transaction.
General Orders and Financial Terms
Cancellations and Refunds
Consumers cannot cancel their orders once confirmed and a payment has been made.
If a Consumer is completely not satisfied with the food provided by a Cook or becomes ill because of the food consumed by the cook, the Consumer may send an e-mail with an explanation and necessary proof to firstname.lastname@example.org within 24 hours of eating the food. Food Fiestaa will evaluate and will refund partially or fully depending on the explanation and proof provided. Also, the consumer can rate the quality of the food and post their feedback which will help Food Fiestaa to identify and take necessary action on incompetent cooks. Food Fiestaa is only a marketplace online platform for connecting passionate cooks with consumers. Food Fiestaa will disclaim any legal proceedings in the event of any incidents reported.
If a Cook did not prepare a confirmed order made via the Website, Services, and Application, Food Fiestaa team will refund the total amount within five to seven business days and an enquiry will be made against the cook.
If the food delivery is delayed due to traffic or bad weather conditions, Food Fiestaa team will make every possible effort to deliver the food but no refund will be made if food is delivered. In the event where Food is unable to be delivered Food Fiestaa team will refund the total amount within five to seven business days.
If consumer is not available at the delivery location, Food Fiestaa delivery team will wait for 5-10 minutes and will leave the food package at the door step and total amount paid for the order will not be refunded.
In connection with your use of our Website, Application and Services, you may not and you agree that you will not:
Food Fiestaa will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Food Fiestaa may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Food Fiestaa has no obligation to monitor your access to or use of the Website, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Website, Application and Services, to ensure your compliance with these Terms, or to comply with Applicable law or the order or requirement of a court, administrative agency or other governmental body. Food Fiestaa reserves the right, at any time and without prior notice, to remove or disable access to any Website Content that Food Fiestaa, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application or Services.
You understand and agree that you are solely responsible for determining your Applicable Tax reporting requirements in consultation with your tax advisors. Food Fiestaa cannot and does not offer Tax-related advice to any Members of the Website, Application and Services. Additionally, please note that each Cook is responsible for determining local indirect Taxes and for including any Applicable Taxes to be collected or obligations relating to Applicable Taxes in Food items.
Some Cooks may pledge to donate a portion of the funds they receive from Food items Offered via the Website, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Cook does in fact make the donation he or she pledged to make.
The failure of Food Fiestaa to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Food Fiestaa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Food Fiestaa