Terms and Conditions - Partner Kitchens and Chefs
Welcome to Umaai. This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder pertaining to electronic records. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.umaai.in website and Umaai application for Mobile and Handheld devices. These Terms of Service (herein referred to as “Terms”) and other policies (including but not limited to the Privacy Policy) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of our website www.umaai.in (the "Website") and our "Umaai" application for mobile and handheld devices (the “App”), (collectively referred to as the “Platform”) including but not limited to delivery of information via the Platform whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all past, existing and future Umaai Clients and Customers including but without limitation to users having access to all pages within the Platform either as a Client or as a Customer to manage their claimed business listings and pages.
1. Terms of Use
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 Umaai and you signify your acceptance to these Terms of Use and other Umaai policies (including but not limited to the Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. Your use of the Umaai platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
1) Clicking to accept or agree to the Terms, where it is made available to you by Umaai in the user interface for any particular Service; or
2) Actually using the Services. In this case, you understand and agree that Umaai will treat your use of the Services as acceptance of the Terms from that point onwards.
The Platform is owned and operated by The 9 Elephants Technology Services LLP, a firm incorporated under the laws of India and having its registered office at 430, 5th A Cross, HRBR Layout, 2nd Block, Kalyannagar, Bangalore-560043, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”,or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data during registration on the Platform as a registered user using any computer systems. The terms “9 Elephants”, “9 Elephants Technology Services LLP”, ”Umaai”, "we", "us" or "our" shall mean 9 Elephants Technology Services LLP.
2. Definitions
Umaai enables transactions on its Platform between participating Home Chefs (herein referred to or identified as “Clients”) and Buyers (herein referred to or identified as “Customers”) dealing in (i) prepared food and beverages, and (b) other services ("Platform Services"). The Customers (" Customer/s") can choose and place orders ("Order/s") from a variety of products and services listed and offered for sale by Clients on the Platform.
“Client” or “Clients” or “Chef” or “Chefs” refers to the home chefs who provide Services to the customers via the use of the Platform.
“Customer” or “You” or “Your” or “User” or “Users" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of viewing, browsing, ordering, sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services.
“Delivery Partner” or “Delivery Partners” refers to individuals employed by and engaged with Umaai for the purpose of providing pickup of services from Clients and delivery of services to Customers. For the pickup and delivery of services, Umaai may charge the users of the Platform (Clients or Customers) a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as maybe determined from time to time.
Umaai enables delivery of such Orders at select localities of serviceable cities across India ("Delivery Services") via the Delivery Partners who will be responsible for providing the pickup and delivery services of Products initiated by the users of the Platform (i.e., Clients and Customers). The Platform Services and Delivery Services are collectively referred to as Services. For both Platform Services and Delivery Services, Umaai is merely acting as an intermediary between the Clients and the Customers.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “Customer Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. “Umaai Content” means content that Umaai creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Umaai or its Clients or Customers and is available on the Platform.
3. Eligibility to use the Platform and Services
(i) 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.
(ii) Compliance with Laws. You are in compliance with all laws and regulations in the 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).​
(iii) Persons who are "incompetent to contract" within the meaning of the Indian Contract Act,1872 including minors, un-discharged insolvents etc. are not
eligible to use the Platform.
(iv) This agreement is applicable to any user who installs or downloads the app or utilises the services and signs up as a chef, such persons are referred to as
Clients.
(v) The agreement between the Client and the Company is effective from the date on which the application is downloaded/website is accessed and/or the
date on which the terms of agreement are updated, creating legal agreement between the company and the client.
4. Changes to the Terms
Umaai may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Umaai Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms. By accepting these Terms, you also agree to be bound by the other Terms and Conditions and Umaai policies as may be posted on the platform from time to time. 9 Elephants Technology Services LLP and Umaai reserves the right to cancel/suspend/discontinue any or all products or services at any point of time without any notice.
5. Account Registration and Termination
(i) The Company down not allow you to avail the services unless the user has signed up for the required services and has been approved by the company.
(ii) The Company reserves all rights to terminate the Client and/or their related login and/or their kitchens for various reasons including but not limited to,
involved in malpractices, use of offensive or objectionable words or descriptions, actions or words leading to defamation of the Company, Quality issues,
Unreasonable Pricing, re-purposing and/or re-selling products that are not created by them, multiple rejections of orders received, multiple cancellations
of orders received and accepted, engaged in actions that are unethical, etc.
6. Order Placement
(i) A Customer places an order through the application for the products made available by the Clients
(ii) On receipt of an order, the company shall send an electronic notification of the Order and the Items in the order to the Client. Acceptance of the order
by the Client shall be treated as final and binding.
(iii) The client must prepare the product and have it available for pickup within the designated time.
(iv) The client must ensure that the product quantity, quality and dietary information is consistently the same when made available for sale, as has been
described and published by the Client when adding the product to their business listing page.
(v) The client must ensure that acceptance of an order received through the app must be fulfilled. Should the client need to cancel an order after it has
been accepted, the client would need to contact the Umaai team via the number listed in section 21 below.
7. Commercial Terms
(i) Umaai reserves the right to charge and recover from the user, on behalf of the participating client, fee for availing Umaai services
(ii) The payment shall be processed on a 10 day cycle excluding Sundays and Public Holidays. The payment cycle will be as defined below:
(iii) All orders placed by the customer, accepted and fulfilled by the Client, picked up by Umaai and delivered to the customer between the 1st and 10th of
the Month will be paid out by the 15th of the Month.
(iv) All orders placed by the customer, accepted and fulfilled by the Client, picked up by Umaai and delivered to the customer between the 11th and 20th of
the Month will be paid out by the 25th of the Month.
(v) All orders placed by the customer, accepted and fulfilled by the Client, picked up by Umaai and delivered to the customer between the 21st and 31st of
the Month will be paid out by the 5th of the following Month.
(vi) Should the payment date fall on a Sunday or Public Holiday, the payment date shall move to the next business day
(vii) The Company will not be liable in any manner for delays arising from technical or third-party dependencies.
(viii) Payments for orders would not be processed and/or released on a per-order and/or per-day basis.
(ix) Charges related to penalties, returns, cancellations, etc., will be deducted from the payouts to the clients.
(x) The client is required to provide a valid and complete UPI ID when signing up as a Chef. Incorrect or invalid UPI ID's can result in delayed, void or incorrect
payments made to an incorrect entity. It is the clients responsibility to ensure the UPI ID the client enters is correct, valid and of the clients in order to
receive payments.
(xi) Umaai will not be held liable or responsible for any incorrect payment made or payment reveresed/rejected due to an incorrect UPI ID being entered by
the client or their representatives.
8. Offers
(i) The Company may from time to time provide offers on the platform for the Customers. These offers are at the discretion of the Company and may be in
the form of discounts offered for the products
(ii) From time to time, the company may conduct various types of marketing and promotional campaigns which may include offers, discounts and other
promotional offers to be used on the platform.
9. Issuance of Payment Receipts and Invoice
(i) The company will issue a payment receipt to the participating Client containing the following details:
(a) Total amount payable for all the orders with dates for each day of the amount included in the payment cycle.
(b) Total Items ordered, completed, cancelled, rejected with dates for each day of the amount included in the payment cycle.
(c) The payment receipt will be emailed to the Clients on the email ID the client has used while registering themselves as a client on the Umaai platform.
(d) Umaai will not be help liable for any loss or block of any email from the client’s email or internet service provider.
(e) If the client does not receive the payment receipt, the client is required to contact the company per the details listed in section 21.
10. Indemnification
The participating Client shall indemnify and hold harmless Umaai, its affiliates, Directors, Officers, Agents, Employees and Vendors from loss and/or damage arising from any claim asserted by any third-party including any User, Customer, party, due to any action or inaction of the participating Client, it’s employees, agents or vendors. This includes but is not limited to claims pertaining to property, incorrect or false information about the participating client or the products provided by the participating client that was provided to Umaai and any claims including but not limited to the quality, quantity or usefulness of the product or services provided by the participating client.
11. Confidentiality and Related Obligations
The participating client shall keep all information pertaining to the users confidential both during subsistence of this contract and after its termination. The participating client shall not, without prior written consent from Umaai, transfer (whether for considerations or otherwise) user information to any third-party for no reason. The participating client is prohibited from using the user information for purposes like seeking any commercial gain. In the event that Umaai is made aware of any such practices that are in violation of the terms of the contract by the participating client, the company shall be entitled to terminate the contract as well as initiate Legal proceedings against the participating client as it may deem fit, at its sole discretion and without prejudice to rights available to it under applicable law. Umaai reserves the right to retain, reuse or remove information or knowledge including but not limited to Client ratings, session ratings, user experience, feedback/comments obtained by users or its participating clients on the Umaai platform, unless mentioned otherwise in writing.
12. Disclaimer and Limitation of Liability
Umaai is not liable for any claim owing to any misinterpretation of the information pertaining to the participating Client as long as the information exhibited/communication by Umaai conforms to the information made available by the participating client or their authorised representatives.
13. Miscellaneous
(i) Umaai’s interpretation of the contract shall be final and binding on the participating client.
(ii) The participating client agrees that no joint venture, employment or agency exists between the participating client and Umaai and the participating
client is not entitled to bind Umaai by its actions
(iii) The participating client may not assign any rights or obligations against Umaai without Umaai’s prior written consent.
(iv) Umaai shall not be responsible for any delay or deficiency due to any force majeure events such as natural disasters, acts of terrorism, civil labor strike,
labor and other strikes
(v) Nothing in the contract obliges or will be deemed to oblige Umaai to provide any credit to the participating client
(vi) The participating client shall not use logo/images without license, from the Internet; If they do so, then the participating client is solely responsible for
the consequences. Umaai will not be liable in any way for this issue
14. Exit Clause
This agreement herein may be terminated at any time upon mutual consent of the participating client and Umaai. Either party will have the right to terminate the contact by providing in writing, to the other party, via any written medium, the intent to terminate and providing 7 days notice provided there are no outstanding obligations by the participating Client.
15. Termination
The participating client has the right to work and provide its services via other platforms simultaneously however if the participating client has a lackadaisical or lethargic approach towards fulfilment of orders received and/or contributes to delays of products for orders received via the Umaai platform, the participating client shall be terminated and this contract shall be deemed to have ended with the participating client having no claims or rights to legal remedies against the company.
16. Terms of Engagement
To provide an excellent food experience for our Customers, and to ensure a fulfilling and rewarding experience for you, we have mentioned the below listed terms of engagement with Umaai. This agreement becomes valid on the day and time of you signing up with Umaai and will remain valid and in effect until it is explicitly cancelled in writing by either party.
(i) Licensing
(a) Per law, the client is required to have a FSSAI license issued and approved by the respective state of residence of the client and issued by the
Government of India or respective Government of the state of client’s residence. The client is required to apply and receive a FSSAI license and
provide their license number and document copy to Umaai in order to be able to provide sale of their products on the Umaai platform. At the request
of the client, while Umaai can assist the client in providing contacts of service providers for applying for the FSSAI license, Umaai will not be liable or
responsible for providing, issuing or denying the FSSAI license. The client is required to apply for and receive a FSSAI license within 30 days of
Onboarding with Umaai and failure to receive a FSSAI license within the stipulated time after onboarding with Umaai will result in the Clients account
being suspended until which time that the client receives the FSSAI license and provides the same information to UMAAI.
(ii) Availability and Schedule
(a) The Client is responsible for their own schedule and has the freedom to choose when they wish to be available to sell their products on the Umaai
platform. The Client will indicate their availability by Opening and closing their respective Kitchen on the Umaai Platform by themselves and choosing
which dishes to make available.
(b) The Client’s kitchen will automatically be closed at the end of each day and the Client will need to reopen their kitchen everyday in order to make their
dishes available for sale.
(iii) Ingredients
(a) Umaai is about Home food that is Fresh, Tasty, and is homemade. Clients are encouraged to source fresh ingredients for their food and that the
ingredients are cleaned properly prior to cooking.
(b) Clients are required to avoid using any Food colouring, MSG, preservatives, taste enhancers or additives in the food they cook.
(c) Clients are required to source their ingredients including meats, poultry, seafood, oil and any other item for cooking from reliable sources.
(iv) Food Quality and Quantity
(a) Quality - Clients are required to ensure their dishes are consistently of superior quality and tasty. Umaai caters to providing a platform for Great food
from great home chefs and for Customers to have a delightful experience. In case of complaints from Customers on the quality of food being
inadequate or substandard and wherein Umaai determines the complaint to be genuine, the client would be required to replace the food item to the
customer at the clients cost. Umaai also reserves the right to replace the item for the customer with another item from another client and deduct the
cost from the amount due to the client against who’s food the complaint was made. If the food item cannot be replaced, Umaai reserves the right to
deduct the cost from the amount due to You, the client. All food sold from your kitchen should be home made.
(b) Quantity - For every item ordered by a customer from your kitchen, the item should have the same quantity (piece, weight, measure, volume) that has
been mentioned by you, the client when the dish was added in your Kitchen page and subsequently made available in your Menu page. A marginal
difference of 05 grams or millilitres less is permissible. Any Customer complaints on the quantity received being lesser than the quantity advertised
would result in the cost deducted from the amount due to you, the client.
(c) Packaging - Umaai encourages the Clients to use durable, strong, reliable and clean packaging for their food. The client is prohibited from reusing
packing boxes, using plastic packets or any item that can cause spillage, leakages or adversely impact the quality or quantity of the food item after it
has been packed. All packing material should be stored in a clean and hygienic environment.
(d) Samples - Umaai reserves the right to collect samples of the food prepared and made available by you, the client on the Umaai platform for tasting or
testing purposes. Umaai reserves the right to send the dishes or samples collected to a lab for additional quality testing.
(e) Liability - You, the client and the creator of the Food item, are responsible for the items you add to your kitchen, make available for sale and the final
product and take responsibility for any eventualities or other legal issues that may arise. Umaai will not be accountable or help responsible for any
legal issues connected to the Quality, Quantity, Packaging or Ingredients use in the Food Items that are made available and provided to Customers via
the Umaai Platform.
17. Copyright
(i) Recipes - Some recipes are protected by copyrights. You, the client ensure that you do not breach any such copyrights. Any issues or claims raised legally
or otherwise would not come into the purview of Umaai. Umaai reserves the right to capture, record, save or share the recipes received on the Platform
from the Clients in order to source, replicate, scale or share to other Clients or third-parties.
(ii) Images - Some images of Food items may be protected by copyrights. You, the client, agree to not use any copyrighted images and are encouraged to
take photos of your own dishes and attach the same photos to the dishes you add on your kitchen tab on the Umaai platform.
All pictures, images, graphics, videos or any material that is published or made available on the Umaai platform will be the property of Umaai and Umaai reserves the right to post, share, publish or any such way use the material published or made available on the Umaai platform, in any public forum or channel such as advertisements, social media channels, print or other media publications. You, the client, are authorised to use only your content or material that you have shared on the Umaai platform and are restrained from posting, sharing, publishing or otherwise using another client’s material without the written consent of Umaai. Umaai reserves the right to continue using the any images, graphics, videos or materials that is published or made available on the Umaai platform by you even after termination of the contract between you, the client and Umaai.
18. Performance
(i) Ratings - Clients providing their products on the Umaai platform are expected to ensure only the highest quality of the product is served each time. Food
items with an average rating below 2.5 for a period of more than 2 weeks consistently will be removed from the Umaai platform.
(ii) Feedback - Customers are given the option to provide their Ratings and Feedback on the items they order. These ratings and feedback will be made
available to the Clients on their Feedback page as and when the customer posts and saves their feedback. If the feedback contains offensive,
objectionable or otherwise illegal language, the client can report the feedback to Umaai and the Umaai team will review the feedback and if the Umaai
team agrees with the client on the content of the feedback, the same will be removed from the client feedback list.
(iii) Customer Satisfaction - Umaai intends to ensure the highest level of customer satisfaction and client satisfaction. Any customer with verified complaints
will be refunded the amount of the item and the same cost will be deducted from the payment due to the client.
19. Privacy and NDA and Compete
(i) The Umaai clients are free to wok with any platform or independently as they wish.
(ii) Should the Umaai clients be privy to or come into knowledge of any information or feature which is not publicly known, are restricted from sharing with
anyone else without the written consent of Umaai.
(iii) All information related to the Chef onboarding, discussions with Umaai and Client, processes, financial information between Umaai and client are
confidential and must be handled with confidentiality.
(iv) Umaai clients agree to take no action which is intended, or would be reasonably be expected, to harm or damage the company or its reputation or the
reputation of its Directors, Affiliates, Employees, Customers, Clients or vendors or which would reasonable be expected to lead to unwanted or
unfavourable publicity to the company.
20. Financial Terms and Conditions
(i) All pricing for Food Items added by the Clients and made available via the client’s Chef page is the client’s responsibility. The client is expected to price
their food items at reasonable prices. If Umaai feels a food item is over-priced or under-priced, Umaai will make recommendations to the client and it is
the clients right to update their food item price or to leave it the same. If the client requests Umaai for its suggestions on the food pricing, Umaai can
make the recommendations to the Clients based on data for other similar items from other clients on the Umaai platform or based on other publicly
available information.
(ii) Umaai provides a service and platform for the clients and customers to connect and order food items that are made available by the clients to the
customers. Umaai will charge the Client a percentage of the cost of each item or sum of items which is the percentage that the client has selected and
agreed upon when they signed up as a Client. This percentage will be deducted from the total amount of the Item or Items sold by the Client and the
balance amount payable to the client.
21. Contact Us
Details of the Company
Legal Entity Name: 9 Elephants Technology Services LLP
CIN: ABC-1354
Registered Address: 430, 5th A Cross Rd, HRBR Layout 2nd Block, Kalyan Nagar, Bengaluru, Karnataka 560043
Corporate Address: 430, 5th A Cross Rd, HRBR Layout 2nd Block, Kalyan Nagar, Bengaluru, Karnataka 560043
Details of website and Application: www.umaai.in (“Website”) and “Umaai” application for mobile and handheld devices
Contact Details: support@umaai.in
Phone Number: +91 63645-05532
You may write to us at support@umaai.in and we will strive to resolve your order related grievance within the timelines prescribed under applicable
laws.
© 2024 Umaai by 9 Elephants Technology Services LLP