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Terms & Conditions

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH THE USER AND/OR HOMECHEF AND/OR SELLER MAY USE THE MYTREE MOBILE APPLICATION OR THE MYTREE WEBSITE i.e. www.letsmytree.com (THE MOBILE APPLICATION AND THE WEBSITE SHALL BE REFERED TO AS THE “APP”), WHICH PERMITS HOMECHEFS TO COOK AND SHARE HOMECOOKED MEALS OR FOOD ITEMS (“MEALS”) THROUGH THE APP’S SOFTWARE SERVICE PLATFORM (“PLATFORM”), AND COMPANIES TO SELL THEIR PRODUCTS (SELLERS) AND ALLOWS USERS TO PURCHASE SUCH AFOREMENTIONED MEALS AND PRODUCTS.

BY ACCESSING OR USING THE APP, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS. PLEASE READ THESE TERMS CAREFULLY.

SECTION A: BY ACCESSING OR USING THE APP, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS. PLEASE READ THESE TERMS CAREFULLY.

INFORMATION ABOUT MYTREE

The App is owned, managed, operated and maintained by My Tree Digital Ventures Pvt. Ltd, a company registered in Mumbai, India (“MyTree”).

The App is an online marketplace where people (“Users”) who wish to source home-cooked food or home-made food items, as well as other products can do so (“Orders”) from those who wish to supply it (“Home Chefs and Sellers”). Users, Home Chefs and Sellers can also create personal profiles (“Profiles”), communicate with other MyTree users, rate their experiences, and use such other services available on the App from time to time.

Notwithstanding anything contained elsewhere in these Terms, MyTree shall be entitled at its own discretion and without any notice, to suspend the App for any reason whatsoever, including but not limited to repairs and planned maintenance or upgrades. Further, MyTree reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.

MyTree App shall not be liable for any losses, damages, costs, or expenses arising from or in connection with any modification, discontinuance, suspension, or unavailability of the App, including but not limited to preventing you from using the App or any of the Services available thereunder.

MyTree shall not be liable in any way for any losses you may suffer because of errors, delays or failures of the Services and App attributable to any third party, including but not limited to MyTree’s service providers.

MyTree uses third party payment handlers to process your payment. The third-party Payment Gateway provides services for the issuing, use, and management of e-money. These services are offered on the App as a means of payment for MyTree. By signing up to MyTree (as a User, Home Chef or Seller), you agree to be bound by the Terms and Conditions of the third party Payment Gateway service provider.

MyTree may be contacted on 9892773552.

PRELIMINARY INFORMATION

By registering your details with MyTree as a User, you warrant that:

i. You are legally capable of entering into binding contracts

ii. You are at least 18 years old; and

iii. You are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the use of the Services and to sell the Meal or Product, if applicable to you.

REGISTRATION

To use the App, you will need to complete the registration form on the app and set up an account (“Account”) in MyTree.

By registering your details and setting up an Account you consent to MyTree conducting verification and security procedures with respect to the information provided by you online.

You hereby warrant that the information provided by you to MyTree is true, accurate and correct. You further warrant that you shall promptly notify MyTree in the event of any changes to such information.

Upon downloading the app you can sign in to it by filling in your details on the screen provided.

You shall keep your registration details for the App (“Login Details”) confidential and secure.

Without prejudice to any other rights and remedies available to MyTree, MyTree reserves the right to disable your Login Details and suspend your access to the App in the event that MyTree has any reason to believe you have breached any of the provisions set out herein.

Notwithstanding the foregoing, MyTree reserves the right to:

i. Accept or reject your application to register; and

ii. Suspend your Account and/or refuse you access to the App and/or services thereunder (in part or whole);

iii. at its sole discretion.

USER, HOME CHEF AND SELLER OBLIGATIONS

You agree that you are solely responsible and liable for all activities carried out by your use of the App.

You agree that you shall not abuse, misuse, or tamper with the App in any manner whatsoever, including but not limited to posting inappropriate content. You understand that the App is not to be used to promote commercial activities in any manner. You agree that all content sought to be posted by you shall be subject to review, deletion, modification, withdrawal, or retention by MyTree at its discretion and that you hereby grant to MyTree a non-exclusive, perpetual, irrevocable, worldwide license to do so.

You undertake that you will not use any content available on the App for any commercial purpose nor infringe on any rights of other parties using the App.

You agree that you shall comply with all instructions and policies issued by MyTree from time to time in regard of the use of the App and/or services thereunder;

Notwithstanding anything stated anywhere else in these Terms, you agree that you shall use the information made available to you on the App and through the services thereunder at your own risk and MyTree can in no way be held liable for any harm, damage or loss that may occur related to your use of the App or services thereunder.

In the event of any dispute with any other User, Home Chef, Seller or third party related to the App, you hereby release MyTree from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

EXCLUSION OF WARRANTIES AND MYTREE’S LIMITATION OF LIABILITY

You acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by MyTree and MyTree excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.

MyTree does not verify and does not have control in respect of any content posted by a User, Home Chef or Seller, or other information made available to you through your use of the App or services thereunder. Consequently, MyTree does not warrant or guarantee the accuracy, correctness, reliability, or suitability in respect of such content or services. MyTree advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any content or information made available to you through your use of the App or services thereunder, you do so at your own risk and liability.

The User(s), Home Chef(s) and Seller(s) are further aware that there are force majeure events that may affect the use and functionality of the App and services thereunder and that MyTree will have no responsibility nor liability in such event too.

The content or information posted on the App or provided by MyTree are not intended to amount to advice on which reliance should be placed. MyTree therefore disclaims all liability and responsibility arising from any reliance placed on the same. Responsibility for decisions taken on the basis of information, suggestions and advice given to you by MyTree or on the App shall remain solely with you.

INTELLECTUAL PROPERTY RIGHTS
MyTree and its licensors own all the intellectual property rights relating to the App and services provided thereunder and no one may use, reproduce, copy or edit the same without the express consent of MyTree.
PRIVACY AND DATA PROTECTION
Please click here to view MyTree’s Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.
 
COMPLAINTS

If you wish to lodge a complaint about another User or a Home Chef or Seller for breaching any of these Terms, you may do so by clicking on “Support” on the App.

GENERAL

Any default or a failure to exercise its rights or remedies under these Terms shall not constitute a waiver of any right or remedy MyTree may have hereunder or under law.

No waiver by MyTree of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. Such waiver is specific and shall not amount to a waiver in another instance or of any other right that MyTree has.

MyTree reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.

If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

These Terms and any document expressly referred to in them represent the entire agreement between you and MyTree in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and MyTree, whether oral or in writing.

You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and MyTree except as expressly set out in these Terms.

These Terms are governed by and construed in accordance with Indian law. The Courts of Mumbai shall have exclusive jurisdiction over any disputes arising out of these Terms.

SECTION B: USERS: TERMS AND CONDITIONS

INTRODUCTION

Upon registration as a User, and in consideration of your compliance with these terms and conditions, MyTree will provide you with the User Services as described on the App and in this section B. You are a User if you access or propose to use the App to avail the services of a Home Chef or Seller.

USER SERVICES

1. Subject to clause 1.4 of Section A above, the User Services will comprise the following:

i. the ability to search for Home Chefs and Sellers and their offerings;

ii. the ability to communicate with Home Chefs and Sellers using the App;

iii. the facility to review and rate the Home Chef or their dishes and Sellers and their products;

iv. access to any other features and functionality for the User Services provided by MyTree to Users from time to time.

2. You acknowledge and agree that all Orders are subject to acceptance by the Home Chefs and Sellers. MyTree is not responsible for either party’s performance under such a contract and MyTree makes no guarantee that the obligations of either party will be fulfilled.

3. All orders on the app will be subject to a Cancellation Policy available on the App.

4. In case the User has paid online for the order and it is not fulfilled by the Home Chef or Seller, the User can contact MyTree via the app for claiming a refund. All queries may be directed to customercare@letsmytree.com. In such cases, MyTree will investigate the issue with the Home Chef or Seller and if found reasonable will initiate the refund to the user at its own discretion.

ADDITIONAL OBLIGATIONS AS A USER

You must at all times use the User Services and the App in accordance with these Terms.

As a User, you are responsible for:

i. Ascertaining the identity of a Home Chef or a Seller;

ii. Verifying the Price of any Meal or Product, which you acknowledge may fluctuate from time to time and will be determined at the Home Chef’s or the Seller’s sole discretion;

iii. Ensuring you have sufficient information relating to any health & safety risks.

iv. Any review or rating of Home Chefs and Sellers to be fair, honest and reasonable;

v. Verification of all information provided by the Home Chef or Seller in relation to any item provided, including ingredients.

In using the User Services, you must:

i. not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;

ii. immediately notify MyTree at customercare@letsmytree.com in the event you have any reason to believe or suspect that a Home Chef, Seller or another User has breached any of the terms under these Terms or that any Home Chef or Seller Profile is not genuine, or is false, inaccurate and/or incomplete.

CANCELLATIONS AND REFUNDS

All cancellations and refunds will be according to the Cancellation Policy as listed on our website www.letsmytree.com or it can be accessed by you from the app itself.

ADDITIONAL EXCLUSION OF WARRANTIES

You acknowledge and agree that the User Services provided by MyTree are limited to providing you with a forum to source and connect with Home Chefs and Sellers. When you use the User Services, MyTree does not warrant or guarantee:

i. that you will find items suitable to your specific taste, dietary or other requirements;

ii. the status of any Home Chef as a business or that they are compliant with any standards set by the Food Standards Agency

iii. the premises used by a Home Chef to prepare Meals are suitable for the cooking and preparing of Meals though MyTree takes care to ensure safety and high hygiene standards of all the chefs

iv. that the Home Chefs’ and Seller Profiles are genuine;

v. that any information or documentation made available on a Home Chef’s Profile or Seller Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete;

vi. the identity of the Home Chef or Seller using the App.

As a User, you warrant that you will only purchase Meals and Products for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell the Meals to consumers.

MyTree is not responsible in any way for the quality or delivery of any Meals by the Home Chefs or Products by the Sellers. Such Meals and Products are to be provided by the Home Chefs and Sellers on terms and conditions as may be agreed between you and the Home Chef or the Seller.

In the event there is a dispute between you and any Home Chef or Seller, or if the Meals/Items provided by a Home Chef or Seller are not provided to a satisfactory standard or at all, you agree MyTree is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you or anyone else, in the course of receiving or consuming such Meals from a Home Chef, and you release and hold harmless MyTree from any liability in relation thereto.