Terms and Conditions
Welcome to EatyPal!
PLEASE READ THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE EATYPAL PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.
Wildstyle Ltd. is a company having its registered office at Laki 14a, 10621, Tallinn, Estonia which owns and operates the EatyPal website, android and iOS mobile applications (hereinafter referred as "EatyPal"). EatyPal and its affiliates provide a collection of online resources which enables the customers or food consumers (hereinafter referred to as “Customer”) to dine in or place an order or eat at the location of the chef or chef’s house or a restaurant (hereinafter referred to as “Bistro”) and place an order or order delivery service or take away the homemade food from the Bistro made by people who possess culinary skills or people who have a desire to cook (hereinafter referred to as “Chefs”) who are available near your regions/neighborhood by making a transaction on the EatyPal android or iOS mobile application ("Platform"). Customers can easily connect with Chefs via maps for homemade food through our Platform (hereinafter referred to as "Service") on the platform.
For the purpose of these Terms and Conditions, wherever the context so requires "You", “Your” or “User" shall mean any natural or legal person who has agreed to become a Customer or Chef on the Platform by providing data while registering on the Platform as Registered User. The term "EatyPal", "We", "Us", "Our", “Platform” shall mean EatyPal and its affiliates.
These Terms and Conditions are effective for all existing and future EatyPal Users, including but without limitation to third parties, Customer, Chefs etc.
Your use of EatyPal and the Services are governed by the following Terms as applicable to EatyPal including the applicable policies which are incorporated herein by way of reference. By mere use of EatyPal, you shall be contracting with EatyPal, who is the owner of the Platform. These Terms including the policies constitute your binding obligations, with EatyPal.
User Account, Password, and Security:
If You intend to use the Platform, You shall have to create and register an account with EatyPal as specified under Section 5 of these Terms and Conditions.
If You use the Platform, You shall be solely responsible for maintaining the confidentiality of Your login username, password and physical address; and only You shall be responsible for all activities that occur under Your username and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform.
You agree to:
a) Immediately notify or inform EatyPal of any unauthorized use/breach of Your password or account and
b) Ensure that You exit from Your account at the end of each session.
EatyPal connects Customers and Chefs and provides Customers with homemade food cooked by Chefs. Our EatyPal Platform enables Customers to dine in or eat homemade food at the Bistro or place an order for food that is available near Your regions/ neighborhood.
The food will be delivered directly by Us to You on Your login address within a specific period of time. The Chef/Bistro may also pack and deliver food items directly to You subject to approval and directions of EatyPal. The food can be ordered through the Platform through various methods of payments offered by EatyPal.
The order/delivery of food items shall be additionally governed by specific policies including but not limited to cancellation policy, refund policy, etc. EatyPal does not warrant that food description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. EatyPal simply provides a Platform to help Chefs and Customers to connect with each other efficiently and process orders.
As the provider of the EatyPal Platform, EatyPal does not own, create, sell, resell, provide, control any order. The orders are solely the responsibility of Chefs and Bistros.
If You choose to use the EatyPal Platform as a Chef or a Bistro, Your relationship with EatyPal is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of EatyPal for any reason, and You act exclusively on Your own behalf and for Your own benefit, and not on behalf, or for the benefit, of EatyPal.
Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between the Users, that is, Customers and Chefs or Bistros alone. The commercial/contractual terms include without limitation price, taxes, delivery costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. EatyPal does not have any control or does not determine or influence or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Chefs or Bistros. EatyPal may, however, offer support services to Chefs and Customers in respect to order fulfillment, payment collection, call center, and other services, pursuant to independent contracts executed by it with the Chefs.
EatyPal does not make any representation or warranty as to the item-specifics (including but not limited to their legal title, creditworthiness, identity, genuinity etc.) listed for sale by the Chef. You are advised to independently verify the bona fides of any particular Chefs that You choose to deal with on the Platform and use Your best judgment on that behalf. All Offers listed by Chefs or Bistros are subject to respective party terms and conditions between the Customers and Chefs/Bistros. EatyPal takes no responsibility for such offers.
EatyPal neither make any representation or warranty as to specifics (such as quality, value, scalability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. EatyPal accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
EatyPal is not responsible for any non-performance or breach of any contract entered between Chefs/Bistros and Customers on the Platform. EatyPal cannot and does not guarantee that the concerned Chef and/or Customers will perform any transaction concluded on the Platform. EatyPal is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
EatyPal is operating as an online marketplace and assumes the role of facilitator and does not at any point in time during any transaction between the Customer and the Chef on the Platform come into or take possession of any of the products or services offered by the Chefs/Bistros. At no time shall EatyPal hold any right, title, or interest over the products nor shall EatyPal have any obligations or liabilities including but not limited to deficiency in Service, wrong delivery of order, time taken to deliver the order, order package tampering in respect of such contract entered between the Customer and the Chef.
EatyPal is only providing a Platform for communication and it is agreed that the contract for the sale of the products or services shall be a strictly bipartite contract between the Chef and the Customer. In case of complaints from the Customer pertaining to food efficacy, quality, or any other such issues, EatyPal shall notify the same to Chef and may also redirect the Customer to the phone number of the Chef. The Chef shall be liable for redressing Customer complaints. In the event You raise any complaint on any Chef accessed using Our Platform, We shall assist You to the best of Our abilities by providing relevant information to You, such as details of the Chef and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
The acceptances by a Chef/Bistro of undertaking dine in at the Bistro or delivery of Your order shall constitute a contract of service under the applicable laws between the Customer and the Chef, to which EatyPal is not a party under any applicable law.
Use of the Website and Apps (Android and iOS)
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
Belongs to another person and which You do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing as per applicable laws;
Is misleading or misrepresentative in any way;
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms and Conditions, EatyPal's prior written consent means a communication coming from EatyPal Legal Department, specifically in response to Your request, and expressly addressing and allowing the activity or conduct for which You seek authorization;
Interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
Infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
If You are an international User, you agree to comply with all local laws regarding online conduct and acceptable content;
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity that infringes the rights of EatyPal and/or others.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform. EatyPal shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PROFILE SECTION, FOOD MENU'S, FOOD OF THE DAY LISTING, PRIVATE MESSAGES, REVIEWS OR FEEDBACK, ETC. Please be advised that such content posted does not necessarily reflect EatyPal views. In no event shall EatyPal assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all Information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, tortious, or otherwise unlawful Information.
Account Registration or use of the Platform
You may access the Platform by registering to create an account ("EatyPal Account") and become a Chef or Customer through becoming a Registered User at the Platform; or You can also register to join by logging into Your EatyPal Account with third party social networking sites (including, but not limited to, Facebook, Google);
You may not register more than one (1) EatyPal Account unless EatyPal authorizes You to do so. You may not assign or otherwise transfer Your EatyPal Account to another party without prior written consent of EatyPal.
Rating and Reviews
Within a certain time frame after completing a transaction or ordering/dining in, Customers can leave a public review (“Review”) and submit a star rating (“Rating”) about Chefs/Bistros. Ratings or Reviews reflect the opinions of individual Customers and do not reflect the opinion of EatyPal. Ratings and Reviews are not verified by EatyPal for accuracy and may be incorrect or misleading.
Ratings and Reviews by the Customers must be accurate and may not contain any offensive or defamatory language.
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
Ratings and Reviews may surface anywhere on the Platform along with any other information as they are part of Users public profile
Under the applicable federal and state laws, if any Chef/Bistro is eligible to offer the sale and fulfillment of alcoholic beverages in the states subject to their local and federal laws, then the Chef/Bistro shall be eligible to sell alcohol beverages via Platform subject to compliance with applicable laws.
Chef/Bistro may display their alcoholic and other items on EatyPal App. Chef/Bistro may deliver such alcoholic and other items via their own delivery team upon the receipt of order from the Customer from Eatypal App.
EatyPal shall not deliver the items – EatyPal provides the Chef/Bistro with a technology based Platform to connect with the Customers to receive food orders and deliver such orders to the Customers.
Authorized Chef/Bistro shall be eligible to list food items on EatyPal App and it is responsibility of the Chef/Bistro to ensure accuracy of food items description. EatyPal does not bear any responsibility in this regard.
Chef/Bistro shall do processing, packing, labelling and delivery of food items subject to applicable federal and state laws.
Chef/Bistro shall not make any attempt to modify the functionality of the Platform or EatyPal App with the adoption of prohibited technical practices.
Chef/Bistro shall not make any attempt on the Platform to export or import any prohibited information under the federal import and export laws.
Chef/Bistros are prohibited from displaying items related to people or animals of any size, illegal items, fragile items, dangerous items, stolen goods, items containing endangered species or any items that the Chef/Bistro does not have permission to offer.
EatyPal shall have the right to restrict the Chef/Bistro from displaying a certain category of items in sole discretion.
Chef/Bistro shall not price any item at a price higher than the price it shall offer for the same item on other platforms.
EatyPal shall have the right to inspect and test all food items supplied at a time, place and manner as EatyPal deems fit, but shall not be obliged to do so.
You shall indemnify, defend and hold harmless Eatypal from any loss or incurred out of claim arising out of Your failure to comply with these Terms and Conditions or Your negligent act or omission.
Bookings and Financial Terms
The Platform allows You to place food order bookings through Chefs/Bistros and to visit the Bistro or take away food from the Bistro and We will, subject to the Terms and Conditions set out herein, provide such Services to You.
EatyPal does not own, sell, resell on its own and/or do not control the Chefs/Bistros or the related services provided in connection thereof. You understand that any order that You place shall be subject to the terms and conditions set out in these Terms and Conditions including, but not limited to, product availability and delivery location serviceability.
As a general rule, all food orders placed on the Platform are treated as confirmed.
However, upon Your successful completion of booking an order, We may call You on the telephone or mobile number provided to confirm the details of the order. The complete and final price is displayed on the Platform along with the estimated delivery time. For this purpose, You will be required to share certain information with Us, including but not limited to
(i) Your first and last name
(ii) Mobile number; and
(iii) Email address and physical address for delivery/dine in of food items. It shall be Your sole responsibility to bring any incorrect details to Our attention.
In addition to the foregoing, We may also contact You by phone and/or email to inform and confirm any change in the order, due to availability or unavailability of the food item or change in the price of the order as informed by the Chef/Bistro. Please note change or confirmation of the order shall be treated as final. It is clarified that EatyPal reserves the right to not to process Your order in the event You are unavailable on the phone at the time We call You for confirming the order and in such an event the provisions of the cancellation and refund policy below shall be applicable.
All payments made against the purchases/services on the Platform by You shall be compulsorily in the local currency or accepted currency in the designated region or Service location. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by
(i) Credit card or debit card or net banking;
(ii) Any other approved payment method at the time of booking an order; or
(iii) Credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by EatyPal is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, dine in, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by a providing payment facility, EatyPal is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that We act as the Chef's/Bistro’s payment agent for the limited purpose of accepting payments from You on behalf of the Chefs/Bistros. Upon Your payment of amounts to Us, which are due to the Chef/Bistros, Your payment obligation to the Chef/Bistro for such amounts is completed, and We are responsible for remitting such amounts to the Chef/Bistro. You shall not, under any circumstances whatsoever, make any payment directly to the Chef/Bistro for order bookings made using the Platform.
You agree to pay Us for the total amount for the order placed by You on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms and Conditions and the pricing terms set forth in the applicable menu listing for the particular Chef or Bistro or Bistro. Please note that We cannot control any amount that may be charged to You by Your bank related to our collection of the total amount, and we disclaim all liability in this regard.
The final tax bill will be issued by the Chef/Bistro to the Customer along with the order and EatyPal merely collects the payment on behalf of such Chef/Bistro. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Chef/Bistro. EatyPal holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Chef/Bistro.
The prices reflected on the Platform are determined solely by the Chef/Bistro and are listed based on Chef's/Bistro’s information. Very rarely, prices may change at the time of placing an order due to Chef/Bistro changing the menu price without due intimation and such change of price are at the sole discretion of the Chef/Bistro attributing to various factors beyond Our control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Chef/Bistro be incorrectly reflected and in such an event Chef/Bistro may cancel such order(s).
The Chef/Bistro shall be solely responsible for any warranty/guarantee including quality and quantity of the food products sold to the Customers and in no event shall be the responsibility of EatyPal.
The transaction is bilateral between the Chef/Bistro and Customer and therefore, EatyPal is not liable to charge or deposit any taxes applicable on such a transaction.
EatyPal shall have the right to cancel individual or outstanding partial deliveries without any obligations whatsoever if the Customer or Chef or Bistro breaches an essential provision of these Terms and Conditions or if there are any unresolved issues, including but not limited to any changes in quality, the presence of defects or late deliveries.
We do not endorse any Chef/Bistro/Bistro. In addition, although these Terms and Conditions require You to provide accurate information, We do not attempt to confirm and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from -Your interactions with other Users.
By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Us with respect to such actions or omissions.
While We may help facilitate the resolution of disputes, EatyPal has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Chef/Bistro/Customer, (ii) the truth or accuracy of any order descriptions, Ratings, Reviews, or other content on the Platform, or (iii) the performance or conduct of any Chef/Bistro or third party.
Any references to a Chef/Bistro being “verified” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else.
In order to access and use the EatyPal Platform or register as a Chef/Bistro, You must be an individual of at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country You are established in order to enter into legally binding contracts.
Although the Customers on EatyPal Platform may be below the age of 18 years of age to use the Platform and Service provided under EatyPal.
Access to the Platform, Accuracy and security
We endeavor to make the Platform available during all hours of the day and night We attempt to make the Platform available 24 hours a day and 7 days a week. However, We do not represent that access to the Platform will be uninterrupted, timely, error free; free of viruses or other harmful components or that such defects will be corrected due to the Internet environment.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of Your download, installation, access to or use of the Platform or Your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to You personally, or to all Users temporarily or permanently at any time without notice. We may any time at Our sole discretion reinstate suspended Users. A suspended User may not register or attempt to register with Us or use the Platform in any manner whatsoever until such time that such User is reinstated by Us.
The Platform may be under constant upgrades, and some functions and features may not be fully operational at all times.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/debit cards.
While the content provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these content is being made available with the understanding that We make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, We do not, in any way, endorse any service offered or described herein.
We shall not be liable to You or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will We or Our employees, affiliates, authors or agents be liable to You or any third party for any decision made or action taken by Your reliance on the content contained herein.
In no event will We be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any Services provided by any third party or Chef/Bistro accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not We are advised of the possibility of such damages.
In no event, EatyPal is liable for the delays, lost data, business interruption or errors or any other problem caused during the current prevailing situation of COVID-19 or any pandemic in the future.
Modification to these Terms
EatyPal reserves the right to modify these Terms at any time in accordance with this provision. If We make changes to these Terms, We will post the revised Terms on the EatyPal Platform and update the “Last Updated” date at the top of these Terms. We may also provide You with notice of the modifications by email at least thirty (30) days before the date they become effective. If You disagree with the revised Terms, You may terminate the use of this Platform with immediate effect. We will inform You about Your right to terminate the use of this Platform in the notification email. If You do not terminate the use of EatyPal before the date the revised Terms become effective, Your continued access to or use of the EatyPal Platform will constitute acceptance of the revised Terms.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person without prior written consent of EatyPal.
The Chef/Bistro warrants to EatyPal that all the food delivered or provided at the Bistro is: (a) of merchantable quality;
(b) fit for the purposes intended;
(c) Unless otherwise agreed to by EatyPal, new and unused or made of new and unused materials;
(d) free from defects in design, material and workmanship;
(e) in strict compliance with the specifications;
(f) free from any liens or encumbrances on title whatsoever;
(g) in conformance with any samples provided to EatyPal; and
(h) compliant with all applicable international, federal, state and local laws, rules, regulations, standards, and codes including but not limited to those pertaining to safety, health and environmental requirements.
The Chef/Bistro shall, at its own costs, obtain and maintain all licences, permits, authorizations or certifications required under the governing law without any restrictions or qualifications whatsoever to enable the Chef/Bistro to provide all the Service under this Terms and Conditions.
The Chef/Bistro shall ensure that it adheres to all government regulations throughout the duration of these Terms and Conditions.
In the event of a dispute as to these Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
Governing law and dispute resolution
All the Users under these Terms and Conditions shall comply with the applicable laws, acts, ordinances and codes of the State and local governments governing the Service locations. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Platform, shall be subject to the jurisdiction of the local courts at the Service location.
21. Force Majeure
If any event prevents, hinders or delays the performance of a party of its obligations under these Terms and Conditions then such party shall not be liable for such delay in performance of obligations. However, You shall not claim exemption from Your payment obligations under this provision.
22. Grievance Officer
If you have any grievance with respect to the Platform or the Service or you wish to communicate any concerns about EatyPal, you can contact our grievance officer at:
For any questions pertaining to this Terms and Conditions agreement, kindly contact legal services firm, Prodigy Legal LLP at firstname.lastname@example.org