Users of our website (“Site”) are provided with a wide variety of information and services, including search capabilities, finding a home chef & listings, access to articles and content, the ability to submit comments, and shopping opportunities (collectively the “OotaBox Service”). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of the OotaBox Service indicates your acceptance of the amended Terms of Use. The terms “OotaBox” or “us” or “we” refers to the owner of the Site, OotaBox Services. The term “you” refers to the user or viewer of our Site.
LIMITATIONS OF USE
Your license for access and use of the OotaBox Site and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a) You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of OotaBox; b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by OotaBox, including but not limited to design elements and code, are subject to the same conditions.
ACCESS TO SERVICE
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
LINKS TO THIRD PARTY SITES
The Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). OotaBox cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by OotaBox of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of OotaBox and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and OotaBox shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
INDEMNIFICATION
By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless OotaBox Services, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the OotaBox Site.
TERMINATION
You agree that OotaBox may, with or without cause, immediately terminate your OotaBox account and access to the OotaBox Service without prior notice. Without limiting the foregoing, the following will lead to a termination by OotaBox of a user’s use of the OotaBox Service (a) breaches or violations of this Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems. Termination of your OotaBox account includes removal of access to all offerings within the OotaBox Service and may also bar you from further use of the OotaBox Service. Furthermore, you agree that all terminations shall be made in OotaBox’s sole discretion and that OotaBox shall not be liable to you nor any third-party for any termination of your account or access to the OotaBox Service. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OotaBox all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person or business.
PUBLIC COMMENTS
OotaBox may make such resources as online message and commentary boards, forums, blogs, listings and personal profile pages available to users. Please remember that any such information that you may choose to provide in these areas becomes the property of OotaBox in accordance with our Terms and Conditions, and we may use such information in any way that we see fit. Such information also becomes accessible to the public. Consequently, you should exercise caution when you disclose your personal information via these areas of our Site, or upload material of any kind to the Site.
DISCLAIMER OF WARRANTIES
None of OotaBox, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “OotaBox parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and OotaBox disclaims liability for errors or omissions in the content. This site and all of the content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. OotaBox parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement. OotaBox may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and OotaBox parties do not undertake any obligation or responsibility to update or amend any such information. OotaBox reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.
LIMITATION OF LIABILITY
Under no circumstances will OotaBox parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if OotaBox parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. OotaBox is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that OotaBox parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
Users of our website (“Site”) are provided with a wide variety of information and services, including search capabilities, access to articles and content, the ability to submit comments, and shopping opportunities (collectively the “OotaBox Service”). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of the OotaBox Service indicates your acceptance of the amended Terms of Use.
The terms “OotaBox” or “us” or “we” refers to the owner of the Site, OotaBox Service. The term “Vendor/Owner/Listing Owner”,“you” refers to the user or viewer of our Site.
USER INFORMATION:
We understands the importance of keeping the information about you that you entrust to us confidential and secure (“User Information”). The information we collect may include your personal information, in other words, information capable of identifying you as a particular individual, such as your name, phone number, email address, purchase preferences, credit/debit card information. We, therefore, make it our highest priority to ensure that we look after your information and use it responsibly. By using the service or by providing your information to us or our Partners, you accept and consent to the collection, storage, and processing of your information.
We may collect your personal information (i) when you register an account (ii) when you purchase services on the Application (iii) when you participate in contests, competitions, questionnaires, and surveys (iv) when you contact us (v) when you provide certain content to the site, for example, testimonials and customer reviews (vi) from third party sources.
OotaBox may use your personal information for (i) registering your account with OotaBox (ii) for fulfilling orders (iii) for responding to your queries (iv) for improving your OotaBox experience and providing you with information about our services, special offers, and promotions.
OotaBox will only share your information with its carefully selected third-party Partners for necessary business administration, customer delivery, marketing, operational and analytical purposes.
OotaBox may also share your information with third parties for the purpose of data analysis, quality assurance including fraud prevention.
OotaBox may also share your information collected as part of the “Add a listing” form publicly on your listing page, search results page and other pages on the site.
OotaBox uses leading technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of your information through collection, storage, and disclosure. Such measures include maintaining a secure encryption-based transmission system, intrusion detection, and prevention software and virus software in respect of your information.
When you use the App/Site through your mobile device, and only if you have consented thereto, we will use your geo-location information, on a real-time basis only. We use this information to allow users to view service options around them. We may also use this real-time geo-location information to address user support, technical, or business issues that may arise in the course of your use of the App/Site.
INTERPRETATION:
- i) “ The Agreement” means this contract together with all schedules and annexures (if any);
- ii) References to a Vendor/Owner/Listing Owner shall include such party’s successors, employees, permitted assignees, and any persons deriving title under it;
- iii) The descriptive headings of clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such clauses, and can be further defined in separate annexures.
GENERAL TERMS:
This Agreement along with the registration form set forth the terms of services under which the you may be identified as a Vendor/Owner/Listing Owner to other users or company. The Agreement shall come into effect upon the Vendor/Owner/Listing Owner or any authorized agent of the Vendor/Owner/Listing Owner upon realization of consideration (“Effective Date”). By agreeing to the terms of services, the Vendor/Owner/Listing Owner shall be deemed to have consented unconditionally to all such addendums and amendments to the Agreement.
INFORMATION DISSEMINATION:
OotaBox currently disseminates information to the users through various platforms viz, email, SMS, push notifications, telephone & internet. OotaBox may, at its discretion cease providing information over any of the above platforms or provide information over other platforms or modify the manner in which information is provided over any of the existing platforms, as it may deem fit, from time to time.
PLAN LISTINGS:
This refers to the various price plan(s) listing options that can be selected by the Vendor/Owner/Listing Owner. We provide various plans that can be found on our listings page.
CATEGORY LISTINGS:
This refers to the various category listings that can be selected by the Vendor/Owner/Listing Owner. OotaBox reserves the right to change the aforesaid category listing options by adding, deleting, modifying, or merging any categories. In the event the category applied for in the partnership Form is no longer available, OotaBox shall endeavor to allot a similar category to the Vendor/Owner/Listing Owner. The final decision-making power with regard to category listing shall, however, vest in OotaBox and such decision shall be final and binding on the Vendor/Owner/Listing Owner.
VENDOR/OWNER/LISTING OWNER RESPONSIBILITIES & REQUIREMENTS:
Vendor/Owner/Listing Owner responsibilities and/or requirements in support of this Agreement include:
- The Vendor ensures smooth communication with users.
- Manufacturing and maintaining the quality of Goods/ Products / Ingredients and Services.
- Overseeing all aspects of the Item listing, Provide and maintain menu descriptions for all menu items, Orderfulfilling, delivery & operations including order costs & order delivery.
- Keeping order costs at an affordable range.
- Ensuring quality of Goods & Services listed by them on OotaBox.
- Ensuring to serve & deliver on schedule as agreed with the respective user.
- Developing and standardize recipes to ensure consistency.
- Ensuring safety and sanitation; that entire kitchen, kitchen equipment, packaging material, fridges, storage, etc. are up to health code standards in your respective region.
- Recognizing and meeting all deadlines.
- Giving advance notification to all users towards availability or non-availability of service.
- Following all local and national regulations/laws related to food preparation and delivery.
SERVICE ASSUMPTIONS:
Assumptions related to in-scope services and/or components include:
Changes to services will be communicated and documented to all parties.
CANCELLATION POLICY & EXIT CLAUSE:
- A) This agreement may be canceled if the service is not satisfactory.
- B) OotaBox or The Vendor/Owner/Listing Owner may cancel this agreement with prior notice of a minimum of one week.
- C) Should either party fail to provide or breach this agreement in any way, the offending party will be liable for damages.
CONTENT GUIDELINES & RESTRICTIONS:
Products/Listings and other content (such as product titles, product images, cover art, and product descriptions) must adhere to these content guidelines. We reserve the right to make judgments about whether the content is appropriate and to choose not to publish it. We may also terminate your participation on OotaBox if you don’t adhere to these content guidelines. If you are unsure if you own the rights to the content you wish to submit, please consult an attorney.
Pornography
We don’t accept pornography or offensive depictions of graphic sexual acts.
Offensive content
What we deem offensive is probably about what you would expect as
Illegal and infringing content
We take violations of laws and proprietary rights very seriously. It is your responsibility to ensure that your content doesn’t violate laws of copyright, trademark, privacy, publicity, or other rights. Just because the content is freely available does not mean you are free to copy and use it.
Public domain and other non-exclusive content
Some types of content, such as public domain content, may be free to use by anyone or may be licensed for use by more than one party. We will accept content on our site as long as you are the copyright owner of that content.
Poor customer experience
We don’t accept content that provides a poor customer experience. We reserve the right to determine whether content provides a poor customer experience.
Content Requirements
Titles should be clear and can’t contain any other information.
The product/listing description should be clear and descriptive about the product/service being availed by the customer and any other additional information such as allergen information.
Product/Listing images submitted to OotaBox must meet the following technical specifications.
Image Requirements
TIFF (.tif/.tiff), JPEG (.jpeg/.jpg), GIF (.gif) and PNG (.png) format
Image pixel dimensions of at least 500 or larger in either height or width preferred RGB or CMYK color mode
File names must consist of the product identifier (OotaBox Product title) followed by a period and the appropriate file extension (Example: 63906.jpg)
Note: Spaces, dashes, or additional characters in the file name will prevent your image from going online.
After filling in all the details except the image, please save your product as a draft, then upload the image to get the unique product identifier that can be used in the image file name.
OotaBox Site Standards for Product Images
At least one image is required for every product. Not uploading an image can lead to the product not being approved and will lead to rejection of the product.
For images named by product identifier without a variant code or named with the MAIN variant, and display as the main image on the product detail page, OotaBox maintains the following site product image standards:
The image must be the cover art or a professional photograph of the product being sold. Drawings or illustrations of the product are not allowed.
The image must not contain gratuitous or confusing additional objects.
The image must be in focus, professionally lit and photographed or scanned, with realistic color, and smooth edges.
The image must be from a top angle and not anything else.
The full product must be in the frame.
The containers with food must be visible completely and can’t be cropped.
Backgrounds must preferably be pure white (RGB 255,255,255).
The image must not contain additional text, graphics, or inset images.
For additional other view images, the image must be of, or pertain to, the product being sold.
Other products or objects are allowed to help demonstrate the use or scale of the product.
The product and props should fill 85% or more of the image frame.
Cropped or close-up images are allowed.
Backgrounds and environments are allowed.
Text and demonstrative graphics are allowed.
Below is the sample image that would be approved based on the above terms.
PROMOTIONS:
From time to time OotaBox will run promotional offers on its platforms in the form of vouchers and discounts that can be applied to Vendor/Owner/Listing Owner accounts. Promotions that are offered as valid for new Vendor/Owner/Listing Owner only may not be applied to existing accounts or individuals who already have an OotaBox account, whether active or dormant. In all cases, promotional vouchers cannot be transferred to other vendors and users. Vouchers may only be redeemed against the purchase of product/services on the OotaBox site.
NO MARKETING:
OotaBox is not obliged and does not market the offerings of the Vendor/Owner/Listing Owner and shall not be obliged to recommend the Vendor/Owner/Listing Owner to the users. OotaBox’s obligation under the contract is limited explicitly set out herein and in no event does OotaBox undertake to generate or guarantee inquiries or business to the Vendor/Owner/Listing Owner.
ACCESS TO THE SERVICE:
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
LINKS TO THIRD PARTY SITES:
The Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). OotaBox cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by OotaBox of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of OotaBox and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and OotaBox shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
INDEMNIFICATION:
Vendor/Owner/Listing Owner shall indemnify and hold harmless OotaBox, its affiliates, directors, officers, agents, and employees from loss, or damage arising from any claim asserted by any third party including any user, due to or arising out of any action or inaction of Vendor/Owner/Listing Owner, its employees or agents, including but not limited to, property claims, any claims pertaining to incorrect or false information about the Vendor/Owner/Listing Owner that was provided to OotaBox and any claims including but not limited to the quality or usefulness of the products or services of the Vendor/Owner/Listing Owner.
CONFIDENTIALITY & RELATED OBLIGATIONS:
The Vendor/Owner/Listing Owner shall keep any information regarding the users of the service (“User Information”) confidential both, during the subsistence of this contract and after its termination. The Vendor/Owner/Listing Owner shall not, without the prior written consent of OotaBox and user, transfer (whether for considerations or otherwise) User information to any third party for any reason whatsoever. The Vendor/Owner/Listing Owner is specifically prohibited from using the User information for purposes of seeking any commercial gain out of said User information. In the event OotaBox is made aware of any such practice of the Vendor/Owner/Listing Owner in violation of the terms of the contract, OotaBox shall be entitled to terminate the contract as well as initiate such legal proceedings against the Vendor/Owner/Listing Owner, as it may deem fit, at its sole discretion and without prejudice to rights available to it under applicable law. OotaBox reserves the right to retain, reuse or remove information or knowledge including but not limited to Vendor/Owner/Listing Owner ratings, session ratings, user experience, feedback/comments obtained by Users or its Vendor/Owner/Listing Owner on Oota Box site unless mentioned otherwise in writing.
VENDOR/OWNER/LISTING OWNER OBLIGATIONS:
Vendor represents and warrants that (i) it is a bonafide business organization in relation to the items disclosed to OotaBox; or an individual with required state and national regulatory documents, registrations and licenses (ii) it has the rights to use the trademarks; (iii) the business carried on by the Vendor/Owner/Listing Owner does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it. (iv) all information provided about itself to OotaBox, is and shall at all times be accurate, valid, and complete. (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any information provided by the Vendor to OotaBox. (vi) The vendor accepts that it is responsible to cross verify and ensure filling up of all the Vendor/Owner/Listing Owner details including but not limited to the contact information, information pertaining to its products/services provided by the Vendor/Owner/Listing Owner and keep OotaBox updated in this regard. (vii) The Vendor/Owner/Listing Owner undertakes to provide a copy of the licenses/registrations or any other documents including but not limited to valid identity proofs required to run the business as is when such request is made by OotaBox. The Vendor acknowledges that any breach of the covenants set forth may be a cause for termination of the agreement by OotaBox, at its sole discretion.
DISCLAIMER AND LIMITATION OF LIABILITY:
OotaBox is not liable for any claim owing to any misinterpretation of the information pertaining to the Vendor/Owner/Listing Owner so long as the information exhibited/communicated by OotaBox conforms to the information made available by the Vendor or its authorized representative.
TAXES:
OotaBox is entitled to charge the Vendor/Owner/Listing Owner for all the taxes and charges (now in force or enacted in the future) that are or may be imposed on the said Services and listing fees and the Vendor/Owner/Listing Owner hereby agrees to pay the said taxes and charges promptly without raising any objections.
MISCELLANEOUS:
- A) OotaBox’s interpretation of the agreement shall be final and binding on the Vendor/Owner/Listing Owner.
- B) Vendor/Owner/Listing Owner agrees that no joint venture, employment, or agency exists between Vendor/Owner/Listing Owner and OotaBox and the Vendor/Owner/Listing Owner is not entitled to bind OotaBox by its actions.
- C) Vendor/Owner/Listing Owner may not assign any rights or obligations against OotaBox without OotaBox’s prior written consent.
- D) OotaBox shall not be responsible for any delay or deficiency due to any force majeure events such as natural disasters, acts of terrorism, civil labor strikes, labor, lock downs and other strikes.
- E) Nothing in the agreement obliges or will be deemed to oblige OotaBox to provide any credit to the Vendor/Owner/Listing Owner.
ENTIRE AGREEMENT:
These Terms, including any Annexures, along with the form hereto forms a single agreement between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other agreement between the Parties relating to the subject matter hereof.
AMENDMENTS & WAIVERS:
No waiver by any party or any term or condition of the agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the agreement on any future occasion.