These Terms and Conditions ("Terms," "Agreement," or "T&Cs") govern your access to and use of the HomeStove mobile application, website, chef dashboard, customer support channels, and all related services, features, content, and functionality (collectively, the "Platform") operated by HomeStove Technologies Private Limited, a company registered under the laws of India with registered office at Bangalore, Karnataka, India ("HomeStove," "we," "us," "our," or "Company").
By accessing, browsing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform. Please read these Terms carefully before using the Platform.
1.Definitions and Interpretation
"Account" means your user profile and account on the Platform.
"Chef" or "Kitchen Operator" means an individual or registered entity who provides food preparation and delivery services through the Platform.
"Customer" or "User" means any individual who accesses or uses the Platform to discover, order, or purchase food products.
"Content" includes all information, text, images, videos, menus, listings, reviews, and materials available on the Platform.
"Order" means a request for food products placed through the Platform.
"Transaction" means the complete process of placing, payment, and delivery/fulfillment of an Order.
"Platform" includes the HomeStove website, mobile application, and all services provided by HomeStove.
"Intellectual Property" or "IP" means all copyrights, trademarks, patents, trade secrets, and other proprietary rights.
2.Account Registration and Eligibility
2.1 Eligibility
You represent and warrant that: (a) you are at least 18 years of age; (b) you are a resident of India or legally permitted to use the Platform; (c) you have the right and legal capacity to bind yourself to these Terms; (d) you are not prohibited from using the Platform by applicable law or court order; (e) if you are a Chef/Kitchen Operator, you possess all required licenses, permits, and certifications to prepare and sell food.
2.2 Account Creation
To create an account, you must provide:
- Valid email address and mobile phone number
- Full legal name and date of birth
- Delivery address (for Customers)
- Accurate and complete business information (for Chefs/Kitchen Operators)
- Government-issued ID for identity verification
2.3 Account Security
You are responsible for maintaining the confidentiality of your password and account credentials. You agree to: (a) use a strong, unique password; (b) not share your password or account with others; (c) notify us immediately of any unauthorized access; (d) accept all responsibility for activities under your account. We are not liable for unauthorized access to your account due to your negligence.
2.4 Account Verification
We may require identity verification, KYC compliance, and background checks, particularly for Chefs and Kitchen Operators. You consent to verification through third-party services and government databases. Failure to provide accurate information may result in account suspension or termination.
3.Acceptable Use and Prohibited Conduct
You agree not to use the Platform for any unlawful, harmful, abusive, or prohibited purposes. Prohibited conduct includes:
- Violating any applicable law, regulation, or court order
- Harassment, abuse, threats, intimidation, or discrimination
- Posting defamatory, false, obscene, or offensive content
- Attempting to access or hack into secure areas or unauthorized systems
- Creating fake accounts, impersonating others, or providing false information
- Attempting to defraud, deceive, or manipulate other users or HomeStove
- Spamming, sending unsolicited communications, or bulk messaging
- Posting malware, viruses, or harmful code
- Circumventing security measures or scraping content
- Unauthorized commercial use or competitive intelligence gathering
- Attempting to interfere with platform operations or service delivery
- Selling, trading, or transferring your account
- Using the Platform for activities related to food safety violations or illegal food businesses
- Attempting to bypass payment systems or make fraudulent transactions
- Violating intellectual property rights of HomeStove or third parties
Violation of these provisions may result in account suspension, termination, and legal action.
4.Ordering and Payment
4.1 Order Process
When you place an order: (a) you provide accurate delivery address and contact information; (b) you confirm product selection and quantity; (c) your order constitutes an offer to purchase; (d) HomeStove reserves the right to accept or decline any order; (e) order confirmation is sent via email or SMS.
4.2 Pricing and Promotions
Prices displayed on the Platform are in Indian Rupees (INR) and include applicable taxes unless otherwise stated. We reserve the right to: (a) modify prices at any time without notice; (b) cancel promotional offers or discounts; (c) apply discount codes only as specified; (d) limit discounts per user, per order, or per time period.
4.3 Payment Methods
Accepted payment methods include:
- Credit cards and debit cards
- Digital wallets and UPI
- Bank transfers and NetBanking
- Buy now, pay later services
- Other payment methods as specified on the Platform
4.4 Payment Processing
Payment processing is handled by third-party payment gateways. By providing payment information, you authorize us to charge your account for the order amount. Payment failures may result in order cancellation. All payment information is handled according to our Privacy Policy and PCI compliance standards.
4.5 Transaction Fees and Charges
You acknowledge and agree to pay: (a) the food product price; (b) applicable taxes (GST and state taxes); (c) delivery fees (if applicable); (d) convenience fees and platform charges; (e) any other charges as disclosed before order confirmation.
4.6 Failed Transactions
If a payment fails, we will attempt to notify you. Failed payments may result in order cancellation. We are not responsible for delays or failures caused by payment gateway issues, bank failures, or your payment method. Any charges for failed transactions will be reversed within 5-7 business days.
5.Order Delivery and Fulfillment
5.1 Delivery Terms
Estimated delivery times are provided for convenience only and are not guaranteed. Delivery times may vary based on: (a) distance and location; (b) traffic and weather conditions; (c) kitchen preparation time; (d) order complexity; (e) delivery partner availability. HomeStove is not liable for delays unless explicitly guaranteed in writing.
5.2 Order Cancellation
You may cancel your order: (a) before the Chef/Kitchen Operator accepts it (if the option is available); (b) after which you are entitled to a full refund. HomeStove may cancel orders if: (a) the Chef/Kitchen Operator is unavailable; (b) items are out of stock; (c) delivery address is inaccessible; (d) suspicious or fraudulent activity is detected; (e) safety or legal concerns exist. In such cases, we will refund the order amount.
5.3 Delivery Address
You are responsible for providing a complete, accurate delivery address. If the address is incomplete or incorrect, delivery may be delayed or refused. We are not responsible for failed delivery due to incorrect address information. Delivery is only available to specified service areas.
5.4 Order Acceptance and Confirmation
After you place an order, the Chef/Kitchen Operator must accept it. You will receive a confirmation notification. Until confirmed, you may cancel the order. Confirmed orders will be prepared according to the menu and specifications you selected.
5.5 Right to Refuse Delivery
We reserve the right to refuse delivery or service to: (a) locations outside service areas; (b) addresses deemed unsafe or inaccessible; (c) orders from users with violation history; (d) suspicious or fraudulent orders. In such cases, full refund will be processed.
5.6 Risk of Loss
Risk of loss and ownership of ordered items transfer to you upon delivery to your specified address. After delivery, HomeStove is not responsible for lost, stolen, or damaged items.
6.Product Liability and Food Safety
6.1 Chef/Kitchen Operator Responsibility
Chefs and Kitchen Operators are responsible for: (a) compliance with all food safety and hygiene regulations; (b) FSSAI registration and licensing; (c) accurate food description and ingredient disclosure; (d) proper food handling, storage, and preparation; (e) disclosure of allergens and potential cross-contamination; (f) compliance with labeling and packaging requirements.
6.2 HomeStove's Role
HomeStove is a platform that facilitates transactions between customers and Chefs/Kitchen Operators. HomeStove does not: (a) prepare or cook food; (b) guarantee food quality or safety; (c) verify Chef/Kitchen Operator compliance with all regulations (though we conduct checks); (d) provide food safety or nutrition advice. HomeStove acts as an intermediary, not a food service provider.
6.3 Product Warranties
Products are sold "as-is." We provide no warranty regarding: (a) food taste, quality, or nutritional value; (b) food freshness or shelf life; (c) suitability for specific dietary needs; (d) absence of allergens or contaminants. Chefs/Kitchen Operators are responsible for product quality.
6.4 Allergies and Dietary Restrictions
You must disclose all allergies and dietary restrictions during order placement. Chefs/Kitchen Operators are responsible for accuracy. HomeStove is not liable for allergic reactions or dietary violations. You assume all risk related to food allergies and dietary needs.
6.5 Illness or Foodborne Illness Claims
If you believe food caused illness, immediately: (a) contact the Chef/Kitchen Operator; (b) report to HomeStove customer support; (c) seek medical attention if necessary; (d) preserve food samples if possible. You may file a claim with HomeStove within 48 hours of delivery with medical evidence. Claims require investigation by qualified professionals. HomeStove will not pay for claims without proper evidence.
6.6 Recalls and Safety Issues
If a food safety issue or recall occurs, we will notify users and provide refunds or replacements as appropriate. You are responsible for monitoring safety notices and alerts.
7.Reviews, Ratings, and Feedback
7.1 User-Generated Content
Users may post reviews, ratings, photos, and comments about Chefs/Kitchen Operators and products. By posting, you grant HomeStove a worldwide, non-exclusive, royalty-free license to use your content.
7.2 Review Guidelines
Reviews must be: (a) truthful and based on actual experience; (b) not defamatory or false; (c) not harassing or abusive; (d) relevant to the product or service; (e) not promotional or commercial. We reserve the right to delete reviews that violate these guidelines.
7.3 Moderation and Disputes
HomeStove may moderate, edit, or remove reviews at its discretion. If you dispute a review, contact our support team. We will investigate but are not obligated to remove reviews unless they violate our policies or are legally actionable.
8.Chef and Kitchen Operator Terms
8.1 Onboarding Requirements
To operate as a Chef/Kitchen Operator, you must: (a) be at least 18 years old; (b) have valid business registration or be a registered sole proprietor; (c) have FSSAI license (FBO registration); (d) have required state/local food safety permits; (e) have liability insurance; (f) provide accurate business and personal information; (g) pass background and kitchen verification checks.
8.2 Responsibility for Food Quality and Safety
As a Chef/Kitchen Operator, you are solely responsible for: (a) food quality and safety; (b) regulatory compliance (FSSAI, food safety laws); (c) food storage and handling; (d) accurate ingredient disclosure and allergen information; (e) timely order preparation and delivery coordination; (f) professional conduct and customer service; (g) accurate menu descriptions and pricing.
8.3 Menu Management
You must: (a) maintain accurate and updated menu listings; (b) update inventory in real-time; (c) provide accurate descriptions and ingredient information; (d) disclose allergens prominently; (e) provide accurate pricing; (f) disable unavailable items promptly; (g) not engage in deceptive or misleading descriptions.
8.4 Order Acceptance and Fulfillment
You must: (a) accept or decline orders promptly; (b) prepare orders according to customer specifications; (c) meet estimated delivery times or notify customers of delays; (d) ensure proper packaging and labeling; (e) provide accurate order receipts; (f) respond to customer inquiries and complaints professionally.
8.5 Commission and Payout
HomeStove charges a commission on each order (percentage varies by category). Payouts are processed weekly or as specified. We reserve the right to: (a) adjust commission rates; (b) suspend payouts pending dispute investigation; (c) deduct refunds, damages, or penalty amounts from payouts; (d) withhold payment for violation of these Terms.
8.6 Rating and Performance Standards
Your account rating is based on customer feedback. Ratings below acceptable thresholds may result in account deactivation or suspension. HomeStove may: (a) remove fake reviews or ratings; (b) apply quality penalties; (c) suspend accounts with consistently poor ratings; (d) delist your menu items based on quality concerns.
8.7 Suspension and Termination
HomeStove may suspend or terminate your account if you: (a) violate food safety regulations; (b) have serious customer complaints; (c) fail background checks or compliance audits; (d) provide false information; (e) engage in fraudulent or illegal activity; (f) have poor ratings; (g) repeatedly miss delivery commitments. Suspension may be temporary or permanent. Upon termination, outstanding payments will be processed (minus any amounts owed to HomeStove).
9.Intellectual Property Rights
9.1 Platform Ownership
All content, design, functionality, and features on the Platform are owned by HomeStove or its licensors. This includes: logos, trademarks, text, images, code, databases, and proprietary technology. Unauthorized use of any HomeStove intellectual property is prohibited.
9.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes. You may not: (a) copy, modify, or distribute content; (b) reverse-engineer or decompile the Platform; (c) sell, rent, or lease access; (d) use automated tools to scrape data; (e) create derivative works.
9.3 User Content
You retain ownership of content you post (reviews, photos, etc.), but grant HomeStove a worldwide license to use it. You warrant that your content: (a) does not infringe third-party rights; (b) is not defamatory or illegal; (c) you have permission to post it.
9.4 Copyright and DMCA
If you believe your copyright is infringed on the Platform, contact us with: (a) your contact information; (b) detailed description of the infringement; (c) location of infringing content; (d) statement of good faith belief; (e) your signature. We will investigate and take appropriate action.
10.Limitation of Liability
10.1 "As-Is" Disclaimer
The Platform is provided "as-is" and "as-available" without warranties of any kind. HomeStove disclaims all warranties, express or implied, including: (a) fitness for a particular purpose; (b) merchantability; (c) non-infringement; (d) accuracy of information; (e) continuous availability.
10.2 No Liability for Third-Party Content
HomeStove is not liable for: (a) Chef/Kitchen Operator conduct or food quality; (b) third-party content or services; (c) delivery partner actions; (d) payment processor errors; (e) user-generated reviews or comments.
10.3 Limitation of Damages
To the maximum extent permitted by law, HomeStove's total liability for any claims arising from the Platform shall not exceed the amount you paid in the 12 months preceding the claim. This applies regardless of the cause of action (contract, tort, negligence, or otherwise).
10.4 Excluded Damages
In no event shall HomeStove be liable for: (a) indirect, incidental, or consequential damages; (b) lost profits, revenue, or data; (c) damage to reputation; (d) business interruption; (e) cost of substitute goods or services; (f) lost goodwill; even if advised of the possibility of such damages.
10.5 Your Remedies
Your exclusive remedy for any dispute with HomeStove is refund of the order amount (if applicable). This limitation applies to all claims, regardless of form or cause.
11.Indemnification
You agree to indemnify and hold harmless HomeStove, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Platform; (b) violation of these Terms; (c) infringement of third-party rights by your content; (d) your conduct or negligence; (e) breach of representations or warranties. This indemnification survives termination of these Terms.
12.Privacy and Data Protection
Your personal data is handled according to our Privacy Policy. By using the Platform, you consent to: (a) collection of personal data as described in the Privacy Policy; (b) processing and storage of your information; (c) sharing with third-party service providers; (d) cross-border data transfers where applicable. Please review our Privacy Policy for full details.
13.Dispute Resolution and Governing Law
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of India, specifically the laws applicable in Bangalore, Karnataka, without regard to its conflict of law principles.
13.2 Jurisdiction and Venue
You irrevocably consent to the exclusive jurisdiction of the courts located in Bangalore, India. You waive any objection to venue and agree not to claim inconvenient forum.
13.3 Grievance Resolution
If you have a grievance or dispute: (a) contact our support team at support@homestove.in; (b) provide detailed description of the issue; (c) allow 7 days for initial response; (d) we will attempt resolution within 30 days. If unresolved, you may file a formal complaint with relevant authorities.
13.4 Escalation Procedures
For unresolved disputes: (a) escalate to our Grievance Officer at support@homestove.in; (b) file a complaint with the National Consumer Disputes Redressal Commission (if applicable); (c) initiate legal proceedings in Bangalore courts.
14.Termination
14.1 User Termination
You may terminate your account at any time by: (a) logging into your account and selecting "Delete Account"; (b) emailing support@homestove.in with termination request; (c) sending written notice to our registered office. Your account will be deactivated within 30 days.
14.2 HomeStove Termination
HomeStove may terminate or suspend your account: (a) for violation of these Terms; (b) for illegal or fraudulent activity; (c) for repeated misuse of the Platform; (d) for food safety violations (for Chefs/Kitchen Operators); (e) for non-compliance with regulations; (f) at any time for any reason with written notice. Upon termination, you forfeit access to your account and any outstanding credits or benefits.
14.3 Effect of Termination
Upon termination: (a) your right to use the Platform ends immediately; (b) any pending orders may be cancelled; (c) refunds will be processed according to our Refund Policy; (d) your data will be handled according to our Privacy Policy; (e) certain provisions (liability limitations, indemnification, governing law) survive termination.
15.Modifications to Terms
HomeStove reserves the right to modify these Terms at any time. Changes will be posted on the Platform with an updated date. If modifications are material and affect your rights, we will notify you via email. Your continued use of the Platform after changes constitutes acceptance of the modified Terms. If you do not agree with modifications, you must stop using the Platform.
16.Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and HomeStove regarding your use of the Platform. They supersede all prior agreements, negotiations, and understandings. If any provision is found invalid, the remaining provisions remain in effect.
17.Contact Information
For questions about these Terms, contact:
HomeStove Technologies Private Limited
Address:
Bangalore, Karnataka, India
Email:
support@homestove.in
Support Portal:
18.Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of law, that provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed from these Terms. The invalidity of one provision does not affect the validity or enforceability of the remaining provisions. These Terms shall be construed as if the invalid provision were modified or removed.