TERMS AND CONDITIONS FOR ENROLMENT AND PARTICIPATION OF HOME COOKS ON THE KHAABARWALA PLATFORM

This Agreement is effective as of 18 June 2025

This Terms and Conditions Agreement (“Agreement”) is entered into by and between Khaabarwala (hereinafter referred to as the “Company”, “Platform”, “we”, “us”, or “our”), a business entity operating under applicable Indian laws with its principal office at Bolpur, West Bengal, and the individual or entity registering as a home-based food seller (hereinafter referred to as the “Home Cook”, “you” or “your”).

By registering on or otherwise participating on the Khaabarwala platform, you acknowledge that you have read, understood, and agreed to be legally bound by this Agreement.

1. DEFINITIONS

1.1 Platform shall mean Khaabarwala’s website and/or application through which users can access food offerings.
1.2 Home Cook refers to the individual or entity approved by Khaabarwala to sell home-prepared food items via the Platform.
1.3 Customer shall mean any user placing an order through the Platform.
1.4 Services shall include hosting your profile, enabling listing of food items, processing payments, order management, and customer interface support.

2. ELIGIBILITY AND REGISTRATION

2.1 Home Cook represents and warrants that:

  • They are an Indian citizen aged 18 years or above and legally capable of entering into binding contracts;
  • They possess all necessary licenses and permissions (including FSSAI Registration or License if applicable);
  • The food will be prepared in a hygienic home kitchen compliant with local health and sanitation laws.

2.2 Registration shall only be deemed complete upon submission and verification of:

  • Identity proof (Aadhaar, PAN);
  • Address proof;
  • Bank details for payment;
  • Photographs of kitchen and sample dishes;
  • Optional: Food Safety certifications, FSSAI registration number.

2.3 The Company reserves the absolute right to accept or reject any registration without obligation to provide reasons.

3. GRANT OF LICENSE TO SELL

3.1 Subject to the terms herein, the Company grants you a limited, revocable, non-exclusive, non-transferable right to list and sell home-cooked food items via the Platform.
3.2 You shall not sub-license, assign, or otherwise permit third parties to operate under your account.

4. REPRESENTATIONS, WARRANTIES & COVENANTS

4.1 You represent and warrant that:

  • All products offered are fresh, fit for human consumption, and made using legally permitted ingredients;
  • You shall not prepare or offer any food item that is expired, spoiled, mislabeled, or otherwise unfit for consumption;
  • You shall maintain a clean and hygienic preparation environment at all times;
  • You shall not use misleading names, allergen misstatements, or falsify ingredients.

4.2 You agree:

  • To accept and fulfill orders placed through the Platform in a timely, professional, and courteous manner;
  • To notify Khaabarwala immediately of any unavailability, delay, or issue that may affect fulfilment;
  • To resolve customer complaints promptly and professionally.

5. LISTING, ORDER MANAGEMENT, AND PRICING

5.1 The Platform reserves the right to modify or approve the menu, images, and descriptions before listing.
5.2 You are solely responsible for setting prices but agree not to list items at a price higher than offered offline or on any other marketplace.
5.3 Orders accepted by you are binding and must be fulfilled within the stipulated timeframe.

6. PAYMENTS AND FEES

6.1 The Platform shall collect payments from Customers on your behalf and remit your share (after deducting platform fees and applicable taxes) into your designated bank account on a [weekly/fortnightly/monthly] basis.

6.2 You agree that:

  • You are solely responsible for applicable GST, income tax, or other taxes arising from your earnings on the Platform;
  • All payouts are subject to reconciliation of returns, cancellations, and quality disputes.

7. QUALITY ASSURANCE AND INSPECTION

7.1 Khaabarwala reserves the right to conduct unannounced visits, hygiene audits, or request photo/video verification of your cooking space.
7.2 Failure to maintain satisfactory standards may result in suspension or termination of your account.

8. INTELLECTUAL PROPERTY AND MEDIA RELEASE

8.1 By registering, you grant Khaabarwala a royalty-free, worldwide, non-exclusive license to use your name, image, likeness, kitchen images, food photos, and any content you upload for the purpose of marketing, promotion, and advertising.

9. LIMITATION OF LIABILITY

9.1 The Platform acts as a neutral intermediary and is not involved in the direct preparation or delivery of food.
9.2 Khaabarwala shall not be liable for:

  • Any health issue, food poisoning, allergic reaction, or regulatory violation resulting from your food;
  • Any loss of profits, indirect or consequential damages;
  • Customer dissatisfaction due to taste, presentation, or perceived quality.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Khaabarwala, its affiliates, employees, agents, and partners from any claims, liabilities, damages, penalties, or legal costs arising out of:

  • Your breach of any term of this Agreement;
  • Violation of any applicable laws (including FSSAI or local food regulations);
  • Customer complaints or actions attributable to your food.

11. TERMINATION

11.1 Either party may terminate this Agreement with 30 days’ written notice.
11.2 The Company may terminate immediately if:

  • You breach any provision of this Agreement;
  • Receive repeated complaints;
  • Engage in fraudulent, unsafe, or unlawful practices.

Upon termination, your access will be disabled, and all pending orders shall be cancelled.

12. CONFIDENTIALITY

You agree not to disclose, reproduce, or distribute any information shared by Khaabarwala related to the Platform’s operations, customer data, or business practices, without written consent.

13. MODIFICATIONS

Khaabarwala reserves the right to modify this Agreement from time to time. Updates will be posted on the Platform or communicated by email. Continued participation implies your consent to the revised terms.

14. DISPUTE RESOLUTION AND GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties and supersedes all prior oral or written discussions regarding the subject matter herein.

16. ACCEPTANCE

By clicking “Accept” during registration or continuing to offer your food on the Platform, you agree to be bound by these Terms and Conditions.

IN WITNESS WHEREOF, you acknowledge that you have read, understood, and agreed to this legally binding Agreement.