TERMS & CONDITIONS

Version: 1.1

Last updated: August 31, 2021

This Terms & Conditions along with the Privacy Policy, Disclaimer, (collectively) is a binding contract between you (user of Mum’s Kitchen Ethnic World Cuisines Pvt Ltd.) and Directors of the restaurant Mum’s Kitchen (“we”, “our”, “us”). Please read these Terms & Conditions carefully before accessing / using the http://mumskitchengoa.com, and http://mumskitchenworldwide.com website (“the Service”) operated by us.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE.
  1. WHO ARE WE

    Mum’s Kitchen is a restaurant situated at 13/854/1, Martins Building, Dayanand Bandodkar Marg, Miramar, Panjim, North Goa - 403001, co-founded and owned by Rony Floriano Martins and Maria Suzette Mascarenhas Martins having its registered office at 13/854/02, Martins Building, Dayanad Bandodkar Marg, Miramar, Panjim, North Goa - 403001. We provide food and catering services including home deliveries, online and offline food items (“the service”).

  2. USE OF OUR SERVICE

    We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms and Conditions. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms and Conditions. We provide our services through online mode (website) and offline modes as follows –

    Our Website has the following features where you can approach us for our services apart from contacting us in offline mode –
    1. Book the table

      Through our website, you may choose to reserve a seat in the restaurant by clicking on the Reservations link as provided in the webpage on payment of minimum assured cover charge. This amount would be adjusted against your bill, but if your per cover (per person) bill amount is lesser than the minimum assured cover charge then no refund will be provided.

      Disclaimer - Reservation of seats shall be subject to the availability of seats and governmental guidelines and orders, running hours of restaurants or any other reasons. We do not provide any guarantee of conformity as to the availability of reservations.

    2. Home Delivery

      Through our website or by contacting us on the given phone numbers, you can also make requests for home delivery of food items.

      Disclaimer - Home delivery shall be subject to the availability of delivery persons and governmental guidelines and orders, availability of food items, running hours of restaurants, locations of the user or any other reasons. We do not provide any guarantee as to the availability of home delivery service or take any responsibility for delay in providing the service.

    3. Event Catering services

      We provide food services at the site /venue selected by you within the location of Goa. The catering services include delivery of food items selected by you from the list provided by us along with waiters, decorated tables, chairs, crockery, and cutlery. The charges for the catering services differ as per the package chosen.

      Disclaimer - Although the food items prepared are consumable within standard two hours, you agree not to hold us responsible for food consumed two hours later from food pick up point which excludes our cooking time.

    4. Storage of food once delivered

      Disclaimer - home food delivered should not be consumed by refrigerating the next day. We won’t be held responsible for the food stored in your refrigerator and consumed more than two hours of cooking time. The food reheated by you for serving should be checked by you and done under an appropriate professional manner ,knowing food safety procedures and having the required knowledge.

  3. USER ELIGIBILITY

    We offer our services only to eligible users and we solely depend upon the representations made by the users pertaining to eligibility to use our website. We hold sole discretion to block access, terminate or suspend our services to you in case of any false or misrepresentations. We do not bear the responsibility for the veracity of eligibility and information provided by the users or service providers. And user and the service providers warrant to provide complete, accurate updated, true information to us.

    The user shall be eligible and competent under the Indian Contract Act 1872. The user below age 18 years, minors without parental/guardian control, unsound mind, insolvent, etc are not eligible to use our Website.

    To receive the services, the User shall register/sign up on Mum’s Kitchen by providing relevant information proceeding which the user can log in using a username and password. You shall be responsible to maintain your account details including username and password and its confidentiality.

  4. WARRANTIES BY USER

    By using this website, you represent and warrant that –

    1. All registration information you submit is true, accurate, complete and current.
    2. You will maintain accuracy and update the changes in the information from time to time.
    3. You have the legal capacity to use and contract and agree to be bound by these terms of use.
    4. You are not under the age of 18 years old
    5. You will not access the website through automated or non-human means, whether via the bot, script, otherwise.
    6. You will not use the website for any illegal, unlawful, unauthorised purposes or through such means.
    7. Your use of the website shall not violate any applicable laws.
    8. You will not use the Sites for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind.
    9. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including any employee or agent of Mum’s Kitchen or any third party that provides services related to the Sites.
    10. The user shall not permit any person to engage in the following activities:
      • Copy or republish the API of Mum’s Kitchen
      • Republish or redistribute any content
      • Make the API available to any third party;
      • Use or access the API Services for any purpose which is not agreed upon and mentioned in these terms between the User and Mum’s Kitchen
      • Create derivative versions of the API Services provided by Mum’s Kitchen
      • Extract, derive or attempt to extract or derive source code of the API provided by Mum’s Kitchen
      • Use the API Services to create a related API or website ;
      • Make any alteration to the Website, edit or otherwise modify any material on the website
      • Conduct any load testing or security testing
      • Show any material from the website in public
      • Copy or republish the Website,
      • Remove, modify or obscure any copyright, trademark or other proprietary notices contained in the website used to provide the Services or in the Documentation.
      • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website used to provide the Services, except and only to the extent such activity is expressly permitted by applicable law, or
      • Copy, reproduce, aggregate, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, otherwise exploit the contents of the website for any commercial purpose without any express prior permission.
      • Circumvent, disable, otherwise interfere with the security-related features of the website including features that prevent or restrict the use or copying of any content or enforce a limitation on the use of the information and the contents of our website.
      • Engage in unauthorised framing of or linking to our website.
      • The trick, defraud, mislead, us or other users of the website in an attempt to learn sensitive account information such as user password.
      • Make improper use of support services or submit a false report
      • Use the website to harass, abuse, harm any other user of our website or our employees, partners, affiliates etc.
      • Copy or adapt sites including Flash, PHP, HTML, JAVASCRIPT and other codes.
      • Transmit or upload any material that acts as a passive or active information collection or transmission mechanism.
      • You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, scrape, or copy our Sites or the Mum’s Kitchen information contained therein, or conduct any photography at our premises without our permission.
    11. You shall not host, display, upload, modify, publish, transmit, update or share any information that –
      • Belongs to another person and to which the user does not have any right to;
      • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      • Harm minors in any way;
      • Infringes any patent, trademark, copyright or other proprietary rights;
      • Violates any law for the time being in force;
      • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • Impersonate another person;
      • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
    12. In case any of the above uses are found, we reserve the right to terminate your access to our website without any liabilities.

  5. DISCLAIMER

    Upgrading and downgrading of services - We shall hold sole discretion to provide you with the services in addition or upgraded services whether online or offline, so also may change, modify, remove any feature on our website or service at our sole discretion.

    Replacement / Refunds / Cancellation / Customisation - We allow cancellation of Reservation upto 24 (Twenty Four) hours before the allotted scheduled time, refund will be provided after deducting 10 (Ten) percent of the reservation amount. Refunds, if any, will be credited to your payment source within 5-7 working days. We do not provide replacement / cancellation for the food items after the placement of the order. The user may initiate cancellation of reservation by contacting on the link / phone number given upon the confirmation of the reservation. The user may reschedule the reservation, subject to availability, no subsequent rescheduling / cancellation / refund will be allowed once rescheduled. We do not allow any customization of food items preparations.

    Payments - You may choose to make the payment towards the services granted to you in online or offline mode. The payment gateway integration is provided by us on Mum’s Kitchen website using RazorPay. We do not provide any account details on our website. We shall not be liable to any payments related frauds or unsolicited messages on our behalf sent to the users or non-users, any payments initiated shall be at the sole responsibility of the person doing so.

    Location - The services displayed on the Website are offered in the state of Goa only and at no other location.

    User-created contents - Our Websites may allow you to post or send us comments, questions, compliments, and complaints, in the comment “Contact Us” section of the website. Any Comment you make is voluntary, non-confidential, and gratuitous.

    Information and contents - The Websites may include the information like, menu & nutrition information; catering information; contact information; “About Us” information, including history, news, social responsibility, services provided; career information etc.

    The menu provided on the Websites is for informational purposes only, and we do not guarantee any availability of food items at all times. We strive to provide you with the best taste experience and adhere to the standard recipe and taste resembling the food item mentioned in the menu. However we do not provide any warranties or guarantees in respect to the standard authentic / traditional taste or recipe compliance, and slight variations may occur in daily food preparations or the sample shown to the user as well.

    The Careers section allows you to contact us for employment prospects, however, we do not guarantee or confirm, promise any employment / opportunities / job unless a formal employment letter is issued by us.

    Any information shown on the website is not an offer to sell by us but an invitation to offer. The user acknowledges and agrees that we shall not be made liable for any business loss, financial loss, goodwill loss, any other losses incurred upon dealing with us or acted upon the information displayed by us

    The veracity of information - The users are advised to check the veracity of information and understand the risk before acting on the same. You agree not to hold us liable for any decisions based on content Mum’s Kitchen in case of loss of data, revenue, profits, property whether monetary or not.

    Website & Information update - We hold the sole discretion to update, modify, cancel, review, correct the information, features, facilities provided on the Mum’s Kitchen without any personal notice for the same to you. We also strive to review the information as available to its updated format from time to time as received from the sources at our discretion.

    Interruptions and errors - We do not warrant that: Your use of the Services will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the User acknowledges that the Services may be subject to limitations, delays, error, misappropriations and other problems inherent in the use of such communication facility.

    Security breach risks - You agree to hold us harmless against any loss suffered due to website viruses, trojan, unauthorised security breach, not under our control or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. We do not provide any warranty that our services whether online or offline will be without any interruptions or error-free.

    Theft /Fraud payments / Deliveries - We shall not be liable for any sorts of fraud, theft, unauthorised conduct payments or otherwise faced by you, related to services accepted from the service providers displayed on Mum’s Kitchen.

    We do not implicitly or explicitly support, offer, advertise, endorse the sale or purchase of any products or services but merely displays information on the Mum’s Kitchen to make an offer by the users of the website. We accept no liability for any errors or omissions, false information, delayed service, non-availability of stock, wrongful advice and information, change in the pricing, additional costs and charges, cancellation of service requested or purchased, non-performance of services.

  6. INTELLECTUAL PROPERTY

    All intellectual property rights including the right to use, ownership, transfer of interest, license to use, right to apply to update etc pertaining to the brand Mum’s Kitchen lies with us exclusively without any interference of whatsoever nature.

    Also, we own all right, title and interest in and to the API, Website, Services, Documentation, and other products provided under these Terms & Conditions to the User, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein.

    Any other trademark, trade names referred to on our website, holding respective brands and trade names are not associated with the Mum’s Kitchen and we do not claim title or possession over any products, brand, service provided by the service providers.

  7. IMAGE USAGE RIGHTS

    All images, icons displayed on Mum’s Kitchen are put to fair use. All images displayed on Mum’s Kitchen are created by us / licensed to us by their respective owners free from royalty / images in public domain and free for use. All images, contents, information, photographs are uploaded in good faith and we do not intend to cause interference in copyrights or any infringements of intellectual property rights.

  8. RECORDS AND INVESTIGATION

    We hold right but not the duty, to investigate, report, peruse personal data, records from the users to look into matters of an allegation that any Comment posted on the Websites do not conform to the Terms and determine unlawful activity, fraud cases, misrepresentation done in relation to the use of Mum’s Kitchen. The Privacy Policy of Mum’s Kitchen indicates the storing and retention of personal data with us. It shall be the responsibility of the Users to maintain their own records of transactions, communications, payments and cooperate and make the records available for the inspection to our satisfaction.

  9. DEACTIVATION OF ACCOUNT

    You may deactivate your account or unregister yourself from Mum’s Kitchen with or without any reason. We may terminate, block you or suspend access, to Mum’s Kitchen immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and conditions, or involve yourself in fraudulent & unlawful activity, misrepresentations, recurring issues and complaints from other users or our other service providers, unexpected technical or security issues or problems followed by removal of the contents created by you with us at our discretion. All provisions of the Terms which by their nature should survive termination shall survive termination.

  10. VALIDITY OF THIS CONTRACT

    This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. 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 Terms for access or usage of our service via Mum’s Kitchen. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

  11. INDEMNITY & LIMITED LIABILITY

    The users agree to indemnify us against any claims, loss, cost monetary expenses incurred to defend the claims made against us by, non-users, users or service providers arising out of the transaction, services, payments, non-performance of services, breach of service, misrepresentations, other product and service-related disputes.

    With respect to the products, all content, materials, information and services provided by the Mum’s Kitchen and as available on the website are made are offered on an "as is" and “as available” basis without any conditions or warranty of any kind including without limitation, implied warranties of merchantability and fitness for a particular purpose either expressed or implied, and we shall not be made liable for any damages whether direct, indirect, consequential, incidental, punitive, exemplary and the user shall be responsible and consent to the risks associated with the access and use of Mum’s Kitchen or food items, products and service-related disputes.

  12. MODIFICATIONS TO TERMS & CONDITIONS

    We update our Terms & Conditions considering any changes in the mode of operation, modifications to the features, facility, services, information, etc. and let the users / you know about the update through “LAST UPDATED ON” and terms become immediately effective from the date. We expect you to bear the responsibility to read and review all such updates made before accessing Mum’s Kitchen or accepting any services offered by us. By accessing the website after being updated you indicate the agreement to the modifications done to the terms of use.

  13. FORCE MAJEURE

    If we are prevented from performing our obligations due to any event which is unforeseen and beyond our reasonable control including, war, riots, civil commotion, acts of God, fires, storm, earthquakes, epidemic, pandemics, restraints imposed by the government, acts of the legislature (“Force Majeure Event”), then such we shall be excused of the performance of obligations during the period of such Force Majeure Event.

  14. GOVERNING LAW AND DISPUTE RESOLUTION

    This Agreement shall be governed and construed in accordance with the laws of India. The Parties agree that any disputes or claims arising out or in connection with this Agreement shall be resolved amicably between the Parties. In the event, the Parties fail to resolve the dispute or reach an amicable settlement within a period of Sixty (60) days from the date which the dispute has arisen, then such dispute shall be referred to arbitration in accordance with the rules set forth by the Indian Council of Arbitration (ICA).

    The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act of India, 1996 in accordance with the ICA Domestic Commercial Arbitration Clause. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity of the breach thereof shall be settled by arbitration in accordance with the Rules of Domestic Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

    Without prejudice to the preceding paragraph, if any such dispute is not resolved by the Arbitration or if such dispute is non-arbitrable or cannot be decided by the Arbitration, then such dispute shall be submitted to the jurisdiction of the courts at Goa, India. (with the exclusion of all other courts).

  15. SEVERABILITY

    Each provision of these Terms & Conditions is severable. Severance does not affect any other provisions.

  16. YOUR CONSENT

    We obtain your consent when you click on the check box for Terms & Conditions or when you access our website or accept our services you give your consent to these Terms & Conditions. We also provide our terms & conditions at the website and also displayed at the time when you request services. We also email you the terms and conditions along with the privacy policy when you sign up by providing the email-id to us. If you do not agree to the Terms & Conditions kindly do not access our website or accept our services.

  17. OUR CONTACT INFORMATION

    If you have any queries related to your account, you may contact us at ethniccuisines@mumskitcheworldwide.com or our grievance officer, to take the required action, to resolve the queries or requests related to our website. We shall process the resolution of queries.

  18. GRIEVANCE OFFICER

    In compliance with the Information Technology Act 2000 and the Rules made thereunder, the Grievance Officer / data protection officer on behalf of us for the purpose of his Privacy Policy shall be:

    Name: Akshara Gaonkar
    Contact No: +91 9822975556
    Email Address: ethniccuisines@mumskitcheworldwide.com
    Registered Office: 13/854/02, Martins Building, Dayanad Bandodkar Marg, Miramar, Panjim, North Goa - 403001.

BY USING THIS WEBSITE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD AND GIVEN YOUR CONSENT TO THE TERMS AND CONDITIONS.