Terms and Conditions - Homemade

Terms and Conditions

Version: 2.0

Effective Date: 2/1/2025

Welcome to Homemade Private Limited ("Homemade"). By accessing or using our mobile application made available through the (App Store or Google Play Store) and/or website (homemade.zone), you agree to comply with and be bound by the following terms and conditions. Please read these terms and conditions carefully. If you do not agree with the terms and conditions please do not use any mobile application or website offered by Homemade.

If you are below eighteen (18) years of age, you must obtain consent from your parent or legal guardian, who by accepting these terms and conditions agree to take responsibility for your actions and any charges incurred by you as a result of using our mobile application and/or website. To be a Home Chef you need to be at least eighteen (18) years old.

1. Introduction

Homemade operates as an online platform connecting customers with home-based chefs ("Home Chefs") offering home-made food. We act solely as an intermediary and do not prepare, handle, or deliver any food items. Our role is limited to facilitating connections between users and Home Chefs.

2. User Responsibilities

2.1 Customers

2.2 Home Chefs

3. Representations and Warranties and Limitation of Liability

You acknowledge and agree that the content on our mobile applications and website is provided on an “as is” and “as available” basis, and that your use of or reliance upon mobile applications and/or website and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.

To the extent permitted by law, Homemade (which shall for the purposes of this clause include its employees, directors, agents, representatives, affiliates and parent company) excludes all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with the use of our mobile applications and/or website. Your exclusive remedy with respect to your use of our mobile applications and/or website is to discontinue your use of our mobile applications and/or website. Homemade shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of our mobile applications and/or website or for any other claim related in any way to your use of our mobile applications and/or website. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if Homemade has been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

Homemade is an aggregator platform and does not prepare, handle, or deliver food. We are not responsible for the quality, quantity, condition or other representations (including the accuracy or completeness of any information) made by any Home Chef to a customer through our mobile applications and/or website. We are not liable for any damages, losses, or injuries arising from the consumption of food prepared by Home Chefs. All transactions and interactions between customers and Home Chefs are conducted at their own risk.

4. Indemnification

As a customer or Home Chef, you agree to indemnify, defend, hold harmless Homemade and its directors, officers, employees, representatives, agents, and affiliates, from any and all third party actions, claims, liabilities, damages, penalties and/or costs (including but not limited to, legal fees) arising from or related to your (i) use of our mobile applications or website; and/or (ii) breach of these terms and conditions.

5. Payment Processing

Payments made through our platform are processed by third-party payment processors. Homemade does not collect or store payment information. By using our platform, you agree to the terms and conditions of our payment processors.

6. Data Protection

We are committed to protecting your personal information. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.

Home Chef shall not use, disclose, store, retain or otherwise process any Personal Data other than for the purposes of offering its products through Homemade’s mobile applications and website. Home Chef shall not use any Personal Data for direct marketing purposes. Home Chef agrees to access the Personal Data solely through our mobile applications and/or website and solely for the purposes of offering its products through our mobile applications and/or website. Home Chef shall not, directly or indirectly, extract, make a copy of, or retain any such Personal Data and shall protect it against unauthorised or accidental access, collection, use, disclosure and destruction.

For the purposes of the terms and conditions, “Personal Data” means data about an individual who can be identified or is identifiable (a) from that data; or (b) from that data and other information to which the Home Chef has or is likely to have access.

7. Server Availability, Downtime, and Data Security

While Homemade makes reasonable efforts to ensure the that are mobile applications and website are available at all times, we do not warrant or represent that our mobile applications and website are secure, timely, uninterrupted, error-free or free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events beyond our control (including third-party hosting provider outages, natural disasters, or cyber-attacks). Homemade is not liable for any such disruptions, delays, or damages caused by events that are not directly attributable to our negligence.

Data Security: We employ reasonable security measures to protect your data. However, Homemade does not offer message encryption at this time. Additionally, we cannot guarantee absolute security against unauthorized access, disclosure, alteration, or destruction of data due to factors beyond our control, such as cyber-attacks or security breaches of third-party providers. Homemade is not liable for any damages arising from such unauthorized access or data breaches unless they are directly attributable to our negligence.

8. Amendments

Homemade reserves the right to amend these terms and conditions at any time. Any changes will be posted on our website, and your continued use of our platform constitutes acceptance of the updated terms and conditions.

9. Intellectual Property

All content (other than any content provided by Home Chefs to offer their products on our mobile applications and/or website) and trademarks, including these terms and conditions as displayed on our mobile applications, website and/or marketing materials are the intellectual property of Homemade and/or third parties who have authorised us with the use (collectively the “IP”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the IP in any way without our prior express written consent. Homemade neither warrants nor represents that your use of the IP will not infringe rights of third parties not owned by or affiliated with Homemade.

Home Chefs who provide us with any content or utilise any content or intellectual property rights in the course of offering their products on our mobile applications and/or website hereby provide Homemade with a limited, non-exclusive license to use such content or intellectual property, on a royalty-free basis, in Singapore for the purpose of Homemade’s performance of its obligations under this Agreement.

10. Termination

Homemade reserve the right to terminate, suspend or delete your account (whether as a customer or a Home Chef) and your access to or use of our mobile application and website for any reason, including, without limitation, if Homemade in its sole discretion determines that you have not complied with these terms and conditions or applicable laws.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

12. Contact Information

For questions or concerns regarding these terms and conditions, please contact us at ask@homemade.zone.

Please review these terms and conditions regularly to stay informed of any updates or amendments.