Terms & Conditions

  1. The website www.chaipoint.com (the “Website”) is owned and operated by Mountain Trail Foods Private Limited (the “Company”, “Us” or “We”). This Terms and Conditions of Use (the “Terms of Use”) of the Website is entered into between the Company and any viewer or user of the Website (referred to as “You”, “Yourself” or “User”). This Terms of Use provides the manner in which the Company grants You permission to access, use, avail Our Chai-on- Call services (“Services”) via Website/ Our mobile application/ phone numbers available on the Website / Facebook (the “Platform”). Should you not agree to the Terms of Use/ Privacy Policy or any other policies, You may not access the Platform.
  2. We may receive Your personal information including name, phone number, e-mail address, address, credit card information, bank information etc. All such information will be governed by the Our Privacy Policy available at https://www.chaipoint.com/privacy.html.
  3. In order to avail the Services, You will be required to register Yourself on the Platform and create an account (“Account”). You will be responsible for maintaining the confidentiality of the Account information. Further, You shall be responsible for all activities through Your Account.
  4. Services are available in the cities/ locations which are indicated on our Platform at http://chaipoint.com/ (“Places of Service”). We provide the Services during 08:00 A.M to 08:30 P.M only.
  5. The delivery time quoted to You upon order confirmation is approximate estimation and may vary.
  6. The Services are available in respect of the items on the menu available on the Platform at http://chaipoint.com/ (“Item/s”). You agree and acknowledge that provision of the Services is subject to the availability of the Item You order, the delivery address, etc and other crucial factors. We will keep You informed of any changes in the order at the time of confirming Your order.
  7. You represent and warrant that (i) You are not incompetent/ barred under the applicable laws to enter into this agreement; (ii) all the information provided to Us are correct and accurate; (iii) You shall not impersonate any person or misrepresent Your identity or affiliation with another person; and (iv) The Services availed are not for resale or for any illegal benefits. If You are a minor and hence not competent under law to place orders, Your parents/ guardians may place the order on Your behalf. In such an event, Your parents/ guardians shall be liable for any breach of the Terms of Use.
  8. If You are using the Platform on behalf of any person/ entity, You represent and warrant that You are authorized to accept these Terms of Use on behalf of such person/ entity. Further, You and such person/ entity agree to be jointly, severally liable and indemnify Us for violations of these Terms of Use.
  9. We will contact on the phone number/ e-mail id provided to Us upon You placing an order to confirm the details of the order, the price paid/ to be paid and estimated delivery time. You shall not be entitled to cancel order once You have received the above confirmation from Us. If an Item You ordered is unavailable post confirmation of the order, We will inform You of such unavailability. In which case:
    1. If You have made the payment: You will be entitled to cancel the order and refund of full amount paid for the Services.
    2. If You opted for Cash on Delivery: You will be entitled to cancel the order.
  10. We reserve Our sole right to cancel Your order if:
    1. We cannot reach You to confirm the order.
    2. The delivery address provided by You is not within the Places of Service.
    3. Failure to deliver Your order due to lack of necessary information.
    4. Unavailability of the Items ordered.
    5. Failure due to reasons beyond Our reasonable control, due force majeure events including but not limited to acts of God, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc.
  11. At the time of placing an order or upon its delivery, You shall pay Us the total amount for an Item. You can pay by credit card or debit card or net banking at the time of placing an order or You can pay by cash at the time of delivery. For an order, You shall provide customary billing information such as name, billing address and credit/ debit card information either to Us or Our third party payment processor. If You are directed to Our third party payment processor, You will be subject to terms and conditions governing use of that third party’s service and We shall have no liability towards the same. Except payment of total bill of the order, You shall not be liable to pay other amount to the delivering person or any other party.
  12. Failure to deliver for no fault of Us but due the reasons like lack of information/ authorisation, then such Items shall be deemed to have been duly delivered. In such an event, You shall make payment for the same.
  13. You may reject the Item and not be liable to make payment, if:
    1. You have received the Item/ packaging in damaged state or in a state not fit for human consumption; or
    2. You have not placed the order.
  14. We are the owner or the authorized user of all the intellectual property rights in the Platform and in the material published on it. All the works on the Platform are protected by copyright, patent and trademark laws and various other intellectual property rights. All such rights are hereby reserved. Any act including but not limited to modification, publication, passing off, exploitation, attempt to take any unfair advantage of the intellectual property rights in the Platform shall amount to infringement of Our intellectual property rights.
  15. You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, material, software, products or services from the Platform. Your use of the Platform constitutes Your agreement and acceptance to the terms and conditions set forth therein. In addition, as a condition of Your use of the Platform, You represent and warrant that You will not use the Platform for any purpose that is unlawful, immoral or prohibited under the applicable laws of India. If You do not agree and accept the terms and conditions set forth herein, do not use the Platform. Other than this agreement, We will not enter into any agreement with You through the Platform, and no attempt to create such an agreement or obligation will be effective.
  16. You shall not engage in any activity that interferes with or disrupts access to the Platform or the Services.
  17. The Platform, Services and other materials are provided by Us on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, We make no warranty that (i) the Platform or the Services will meet Your requirements or Your use of the Platform or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform or Services will be effective, accurate or reliable; (iii) the quality of the Platform or Services will meet Your expectations; or that (iv) any errors or defects in the Platform or Services will be corrected. No advice or information, whether oral or written, obtained by You from Us or through or from use of the Platform shall create any warranty not expressly stated in the Terms of Use.
  18. In no event shall We, Our officers, directors, employees, or agents be liable for any direct, indirect, incidental, punitive or consequential damage, injury of any kind in connection with the Services, Platform, Terms of Use, Privacy Policy or any other policy of the Company.
  19. In the event there is any conflict or inconsistency between the Terms of Use and any other policy, terms of use that appear on the Platform, the Terms of Use will prevail.
  20. The Terms of Use are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts.
  21. We reserve the right to change or modify the Terms of Use or any policy on the Platform including the Privacy Policy, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform. Your continued use of the Platform confirms Your acceptance of such revisions. Therefore, You may frequently review the Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Platform. If You do not agree to the amended terms, You must stop using the Platform. We may discontinue, with or without reason, access to the Platform, the Services (or any part thereof) at any time at Our discretion.
  22. You hereby expressly agree to receive communications by way of SMS, calls, e-mails from Us relating to Services provided by Us. You can unsubscribe/ opt-out from receiving such communications anytime by writing us on unsubscribe@chaipoint.com.
  23. Chai Point promo code terms and conditions.
    1. Promo codes are only valid for orders placed on ChaiPoint’s Website/Mobile applications
    2. Promo codes cannot be applied to previously placed orders.
    3. Promo codes are not valid in conjunction with any other promotion.
    4. Chai Point reserves the right to change these Terms and Conditions at any time.
  24. We accept payment through Cash, Cards, PayTM, PayPal for our online transactions
  25. In case of any queries, please contact us at feedback@chaipoint.com

Privacy Policy

This privacy policy ("Policy") describes how we collect, protect and use the personally identifiable information ("Personal Information") you ("User", "you" or "your") provided on the http://www.chaipoint.com website and any of its products or services (collectively, "Website" or "Services") owned and operated by Mountain Trail Foods Pvt Ltd ("Mountain Trail Foods Pvt Ltd", "us", "we" or "our"). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Collection of personal information

We receive and store any information you knowingly provide to us when you create an account, make a purchase, fill any online forms on the Website. When required this information may include your email address, name, phone number, address, credit card information, bank information, or other Personal Information. You can choose not to provide us with certain information, but then you may not be able to take advantage of some of the Website's features.

Collection of non-personal information

When you visit the Website our servers automatically record information that your browser sends. This data may include information such as your computer's IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics.

Managing personal information

You are able to access, add to, update and delete certain Personal Information about you. The information you can view, update, and delete may change as the Website or Services change. When you update information, however, we may maintain a copy of the unrevised information in our records. We will retain your information for as long as your account is active or as needed to provide you Services. Some information may remain in our private records after your deletion of such information from your account. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Use of collected information

Any of the information we collect from you may be used to personalise your experience; improve our website; improve customer service and respond to queries and emails of our customers; process transactions; send notification emails such as password reminders, updates, etc; run and operate our Website and Services. Non-personal information collected is used only to identify potential cases of abuse and establish statistical information regarding Website traffic and usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Billing and payments

We use third party payment processors to assist us in processing your payment information securely. Such third party processors' use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

Children

We do not knowingly collect any personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our Website or Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide personal information through our Website or Service without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us through our Website or Service, please contact us.

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However you will continue to receive essential transactional emails.

Cookies

The Website uses "cookies" to help personalise your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for statistical purposes to operate our Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of personal information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your personal information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Data breach

In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do we will send you an email.

Changes and amendments

We reserve the right to modify this privacy policy relating to the Website or Services at any time, effective upon posting of an updated version of this privacy policy on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Policy, please contact us.

This document was last updated on June 28, 2016

Whistleblower Policy

This Policy document is the property of Mountain Trail Foods Private Limited (“the company”). All ideas and information contained within this document are Intellectual Property Rights of Mountain Trail Foods Private Limited. These documents are not for general distribution and are meant for use only for the person they are specifically issued to. These documents shall not be loaned to anyone, within or outside Mountain Trail Foods Private Limited, including its customers. Copying or unauthorized distribution of these documents, in any form or means including electronic, mechanical, photocopying or otherwise is illegal. All rights reserved by Mountain Trail Foods Private Limited.

  1. Objective

    1. [Mountain Trail Foods Private Limited] 1 (hereinafter referred to as the “Company”) believes in the conduct of the affairs of its constituents in a fair and transparent manner by adopting highest standards of professionalism, honesty, integrity and ethical behaviour. The Company is committed to developing a culture where it is safe for all employees to raise concerns about any poor or unacceptable practices, instances of unethical behaviour, actual or suspected fraud or violation of the Company’s [Code of Conduct or ethics policy] 2.
    2. The objective of the Whistleblower Policy (hereinafter referred to as this “Policy”) is to:

      a) enable a person who observes an unethical practice (whether or not a violation of law), to approach the Whistleblower Committee (as defined herein); and

      b) govern reporting and investigation of allegations of suspected unethical activities.

    3. Employees of the Company are encouraged to use guidance provided by this Policy for reporting all allegations of suspected Unethical/Non-Compliant Activities. In all instances, the Company retains the prerogative to determine when circumstances warrant an investigation in conformity with this Policy and applicable laws and regulations and the appropriate investigative process to be employed.
    4. The Policy neither releases employees from their duty of confidentiality in the course of their work.
  2. Scope

    1. The Policy applies to all employees of the company throughout the world.
  3. Definitions

    “Investigation Committee” shall have the meaning ascribed to it in paragraph [5.3] of this Policy; “Ombudsman” will be a [third party] 3 for the purpose of receiving all complaints under this Policy and ensuring appropriate action.

    “Participants” shall have the meaning ascribed to it in paragraph [8.1] of this Policy;

    "Subject" is a person or a group of persons who is the focus of investigative fact finding either by virtue of an allegation made by a Whistleblower or evidence gathered during the course of an investigation which is a result of a Whistleblower reporting an unethical/non-compliant action.

    “Unethical/Non-Compliant Activities” shall mean activities that are unethical in nature or are in violation of the Company’s [Code of Conduct]4

    "Whistleblower" shall mean any person or entity making a disclosure of any unethical activity that they have observed. Whistleblowers shall include employees, [contractors, contractor’s employees, clients, vendors, exchange students, internal or external auditors, law enforcement/regulatory agencies or other third parties] 5 .

    “Whistleblower Committee” shall have the meaning ascribed to it in paragraph [5] of this Policy;

  4. Coverage of this Policy

    1. The Policy covers malpractices, compliance violations and events which have taken place/ suspected to take place involving:

      a) Abuse of authority;

      b) Breach of contract;

      c) Negligence causing substantial and specific danger to public health and safety;

      d) Manipulation of company data/records;

      e) Financial irregularities, including fraud, or suspected fraud;

      f) Criminal offences;

      g) Pilferation of confidential/propriety information;

      h) Deliberate violation of law/regulation;

      i) Wastage/misappropriation of company funds/assets;

      j) Breach of Employee [Code of Conduct or Rules] 6 ;

      k) [to include any other unethical, biased, favoured, imprudent event]

    2. This Policy should not be used in place of the Company grievance procedures under the [Code of Conduct]7 or be a route for raising malicious or unfounded allegations of Unethical/Non-Compliant Activities, against other employees/colleagues.
  5. The Whistleblower Committee and the Ombudsman

    1. Constitution of the Whistleblower Committee: The Whistleblower Committee shall consist of a team of [●] senior personnel of the Company, who are tasked to assess independently the concerns raised by the Whistleblowers. The Whistleblower Committee shall appoint one of its members as the Chairperson of the Whistleblower Committee who shall preside over all meetings of the Whistleblower Committee.
      The particulars of the present members of the Whistleblower Committee are as follows:
      S.No Name Designation Contact Details
      1. Amuleek Singh Bijral Chairperson amuleek.singh@chaipoint.com
      2. Sandesh Chindanandaiah Member sandesh.c@chaipoint.com
      3. Radha Ramanujan Member radha.ramanujan@chaipoint.com
    2. Appointment of an Ombudsman: The board of directors shall also appoint an Ombudsman to address complaints which Whistleblower’s might deem unfit to be informed to the Whistleblower Committee. All copies of complaints in relation to Unethical/Non-Compliant Activities received by the Ombudsman will be forwarded to the office of the Whistleblower Committee, except if the complaint is against a member of the Whistleblower Committee. The complaints received by the Ombudsman will be directly reported to the Chairperson. The Ombudsman shall also review the comprehensiveness of reporting done to the Whistleblower Committee, in the context of complaints received, investigated, resolved and pending. The Ombudsman will also keep track of all reports directly received by him/her and will ensure that these cases are also reported in the Whistleblower Committee review.
    3. Constitution of the Investigation Committee: The Whistleblower Committee/Ombudsman shall form a committee (the “Investigation Committee”) which shall consist of members nominated by the Whistleblower Committee/Ombudsman to conduct the actual investigation of Unethical/Non-Compliant Activity raised by the Whistleblower. The size of the Investigation Committee will be decided by the Whistleblower Committee/Ombudsman. Minimum of [3] members would be required to investigate the matter. It is hereby clarified that the members of the Investigation Committee maybe personnel of the Company as well as any third parties the Whistleblower Committee/Ombudsman may choose to hire for such investigation. However in case of the Ombudsman hiring any third parties to form an Investigation Committee, he shall inform Chairperson before he hires the said third parties to form the Investigation Committee.
    4. Process of investigation of the Whistleblower Committee/Ombudsman:

      a) The Whistleblower Committee/Ombudsman will determine whether the concern or complaint actually pertains to an Unethical/Non-Compliant Activity.

      b) If initial enquiries by the Whistleblower Committee/Ombudsman indicate that the complaint of Unethical/Non-Compliant Activity has no basis, or it is not a matter to be pursued under this Policy, it may be dismissed at this stage and the decision shall be documented.

      c) Where initial enquiries indicate that further investigation is necessary, this will be carried through either by the Ombudsman alone or by the Investigation Committee nominated by the Ombudsman for this purpose or the Investigation Committee nominated by the Whistleblower Committee. The investigation would be conducted in a fair manner, as a neutral fact-finding process and without presumption of guilt. A written report of the findings would be made by the Whistleblower Committee/Ombudsman.

      d) In the event that a Whistleblower complains against a member of the Whistleblower Committee, that member shall be excluded from the Whistleblower Committee for the duration of the investigation and until a verdict is reached by the Whistleblower Committee such a member shall be treated and shall have the same rights as a Subject, under this Policy.

      e) Depending upon the seriousness of the matter, the Whistleblower Committee/Ombudsman may refer the matter to the [board of directors] 8 with proposed disciplinary action/counter measures. The [board of directors], may decide the matter as it deems fit.

    5. Responsibilities of the Whistleblower Committee/Ombudsman:

      a) The Whistleblower Committee will review the findings of the Investigation Committee and will initiate appropriate corrective action. In case of the Ombudsman, the Ombudsman shall send a report of the findings of the Investigation Committee to Chairperson who shall then initiate appropriate corrective action.

      b) The Whistleblower Committee/Ombudsman will be responsible for ensuring that the investigation process is fair and transparent.

      c) The Whistleblower Committee/Ombudsman will provide sufficient and fair opportunity to the Subject to prove/justify his stand and case, including personal hearing as may be required, and shall ensure complete fairness in the process of investigation.

  6. Reporting Allegations of Unethical/Non-Compliant Activities

    1. A Whistleblower may report allegations of suspected Unethical/Non-Compliant Activities. [Knowledge or suspicion of Unethical/Non-Compliant Activities may originate from employees, contractors, clients, vendors, internal or external auditors, law enforcement/regulatory agencies or other third parties.]9
    2. Reports of allegations of suspected Unethical/Non-Compliant Activities are to be made in writing so as to assure a clear understanding of the issues. Such reports should be factual rather than speculative and must contain as much specific information as possible to allow for proper assessment of the nature, extent and urgency of preliminary investigative procedures.
    3. An Unethical/Non-Compliant Activity can be reported within [90 days of the Whistleblower first having gained knowledge or having suspected an Unethical/Non-Compliant Activity] 10 through any one of the following:

      a) Written Complaint: A written, signed, complaint may be [personally handed over or posted] 11 to any of the members of the Whistleblower Committee. [No anonymous complaints will be entertained.] 12

      b) Email Complaint: A complaint can be sent to any of the members of the Whistleblower Committee at the email addresses so intimated to the employees by the Company from time to time.

      c) Reporting to members other than the Whistleblower Committee members: A written report can also be handed over to the Whistleblowers’ immediate supervisors (in case there is no potential conflict of interest) or to any other official in the Company whom the Whistleblower can expect to have the responsibility to review the alleged Unethical/Non-Compliant Activity. In such case the official approached by the Whistleblower shall forward the written complaint to the Whistleblower Committee within 7 days of the original complaint being received.

      Reporting to the Ombudsman: If the person prefers to report an Unethical/Non-Compliant Activity to an entity that is not a part of the Company’s management, the report can be sent directly to the Ombudsman. The Whistleblower can also report the complaint to Ombudsman where he / she feels that the complaint has not been addressed or acted upon in a timely manner. The Ombudsman can be reached at the following address: 3 rd Floor, MPD Towers, Koramangala 5 th Block, Bangalore - 560095

  7. Rights and Responsibilities of a Subject

    1. Subjects are to be informed of the allegations at the outset of a formal investigation by the Investigation Committee and shall have opportunities to be heard during investigation.
    2. The identity of a Subject shall be maintained in confidence to the extent possible given the legitimate needs of law and fairness in investigation.
    3. Unless there are compelling reasons to the contrary, Subjects shall be given the opportunity to respond to material points of evidence contained in the report presented by the Investigation Committee.
    4. Subjects have a right to be informed of the outcome of the investigation.
    5. Subjects have a responsibility not to interfere with the investigation and to adhere to admonitions from the Investigation Committee in this regard. Evidence shall not be withheld, destroyed or tampered with, and witnesses shall not be influenced, coached or intimidated by the Subject, in any manner.
  8. Conduct of Investigation Participants

    1. All employees who are interviewed, asked to provide information or otherwise participate in an investigation (“Participants”) have a duty to fully cooperate with the Investigation Committee.
    2. Participants should refrain from discussing or disclosing the investigation or their testimony with anyone not connected to the investigation. In no case should the Participant discuss with the Subject the nature of evidence requested or provided or testimony given to the Investigation Committee unless agreed to by the Investigation Committee.
    3. Requests for confidentiality by Participants will be honored to the extent possible within the legitimate needs of law and the investigation.
  9. Whistleblower Protection

    1. No unfair treatment will be meted out to a Whistleblower by virtue of his/her having reported an Unethical/Non-Compliant Activity under this Policy. The Company, as a policy, condemns any kind of discrimination, harassment, victimization or any other unfair employment practice being adopted against Whistleblowers.
    2. If any Whistleblower feels that he/she is experiencing any kind of retaliation, victimization or discrimination in the nature of intimidation, pressure to withdraw the complaint or threats for reporting, testifying or otherwise participating in the investigation proceedings, he/she should report the matter to the Whistleblower Committee or the Ombudsman.
    3. As with complaints of Unethical/Non-Compliant Activities, such actions of retaliation, victimization or discrimination too will be treated as misconduct and upon notification and the Whistleblower Committee will immediately take appropriate action to prevent/rectify the retaliation, including, pending inquiry, temporarily suspend the perpetrator of any such alleged acts of retaliation or victimization from his/her employment until the completion of investigation of such retaliation, victimization or discrimination.
    4. Retaliation, victimization or discrimination in the nature of intimidation, pressure to withdraw the complaint or threats for reporting, testifying or otherwise participating in the investigation proceedings, will be treated as seriously, as an alleged case of Unethical/Non-Compliant Activity and will apply even if the original complaint is not proven and may result in the termination of employment of the perpetrator of such an act of retaliation/victimization/intimidation.
    5. The Company will take steps to minimize difficulties, which the Whistleblower may experience as a result of making the complaint of Unethical/Non-Compliant Activities. Thus, if the Whistleblower is required to give evidence in criminal or disciplinary proceedings, the Company will arrange for the Whistleblower to receive advice about the procedure, etc.
    6. The identity of the Whistleblower shall be kept confidential under the highest degree of confidentiality that can be attributed to the Whistleblower by the Company.
    7. A Participant assisting in the said investigation or furnishing evidence shall also be protected to the same extent as the Whistleblower and are also entitled to the same degree of protection from retaliation for having participated in an investigation.
    8. It is hereby clarified that if at any time the investigation reveals that the Whistleblower was somehow involved in the reported Unethical/Non-Compliant Activity, the Whistleblower shall not be immune from being proceeded against with the same degree as the reported perpetrator of the Unethical/Non-Compliant Activity.
  10. Secrecy/Confidentiality

    1. The Whistleblower, the Subject, the members of Whistleblower Committee, the Ombudsman, the Participant and everyone involved in the process shall:

      a) maintain complete confidentiality/ secrecy of the matter;

      b) not discuss the matter in any informal/social gatherings/ meetings;

      c) discuss only to the extent or with the persons required for the purpose of completing the process and investigations;

      d) not keep the papers unattended anywhere at any time;

      e) keep the electronic mails/files under password;

    2. If anyone is found not complying with the above, he/ she shall be held liable for such disciplinary action as is considered fit by the Company.
  11. Disqualifications

    1. While it will be ensured that genuine Whistleblowers are accorded complete protection from any kind of unfair treatment as herein set out, any abuse of this protection will warrant disciplinary action.
    2. Protection under this Policy would not mean protection from disciplinary action arising out of false or bogus allegations made by a Whistleblower knowing it to be false or reported with a mala fide intention.
    3. Whistleblowers, who make any complaints which have been subsequently found to be mala fide, frivolous or malicious shall be liable to be prosecuted under Company’s [Code of Conduct] 13
    4. In the event that a complaint made in good faith (in the sole discretion of the Whistleblower Committee/Ombudsman) is subsequently found to be untrue, no action would be initiated against the Whistleblower.
  12. Reporting to the Board

    A quarterly report with number of complaints received under this Policy and their outcome shall be placed before the board of directors of the Company.

  13. Amendment

    Group Head HR has the right to amend or modify this Policy in whole or in part, at any time without assigning any reason, whatsoever.

Prevention of Sexual Harassment at workplace

This Policy document is the property of Mountain Trail Foods Private Limited (“the company”). All ideas and information contained within this document are Intellectual Property Rights of Mountain Trail Foods Private Limited. These documents are not for general distribution and are meant for use only for the person they are specifically issued to. These documents shall not be loaned to anyone, within or outside Mountain Trail Foods Private Limited, including its customers. Copying or unauthorized distribution of these documents, in any form or means including electronic, mechanical, photocopying or otherwise is illegal. All rights reserved by Mountain Trail Foods Private Limited.

  1. Objective

    Mountain Trail Foods Pvt Ltd Pvt Ltd. (or “Company”) is committed to providing a work environment that ensures every employee, agent, vendor and partner is treated with dignity and respect and afforded equitable treatment. The Company is committed to promoting a work environment that is conducive to the professional growth of its employees and an atmosphere free of harassment, exploitation and intimidation caused by acts of Sexual Harassment and thus encourages equality of opportunity.
    The Company will not tolerate any form of sexual harassment and will take disciplinary action against any victimization of the employee who is complaining or the alleged harasser that may result from a complaint.

  2. Scope

    This policy applies to all categories of employees of the Company, including permanent management and workmen, temporary staff, trainees and employees on contract at their workplace or at client sites. The Company will not tolerate sexual harassment, if engaged in by clients or by suppliers or any other business associates. The workplace includes:
    1. All offices or other premises where the Company’s business is conducted.
    2. All company-related activities performed at any other site away from the Company’s premises.
    3. Any social, business or other functions where the conduct or comments may have an adverse impact on the workplace or workplace relations.
    4. Any transportation provided by the company for undertaking official visits.

    Sexual harassment as addressed in this Policy need not necessarily be from a male to a female employee, it can be vice versa as well as between individuals of same gender. This Policy comes into force with immediate effect.

  3. Definition

    “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) such as:
    a) Physical contact and advances; or
    b) A demand or request for sexual favours; or
    c) Making sexually coloured remarks; or
    d) Showing pornography or other offensive or derogatory pictures, cartoons, representations, graphics, pamphlets or sayings; or
    e) Any other unwelcome physical, verbal or non - verbal conduct of sexual nature;

    Following circumstances amongst other circumstances mentioned above may constitute sexual harassment if it occurs or is present in relation or connected with any act or behaviour of sexual harassment:
    1. Implied or explicit promise of preferential treatment in their employment
    2. Implied or explicit threat of detrimental treatment in their employment
    3. Implied or explicit threat about their present or future employment status
    4. Interfering with their work or creating an intimidating or offensive or hostile work environment
    5. Humiliating treatment likely to affect the health and safety of the aggrieved person.
    In addition to the instances mentioned hereinabove, any other acts or behaviour, which outrages the modesty of a female employee, will be considered as sexual harassment.

  4. Complaint Mechanism

    An appropriate complaint mechanism in the form of “Internal Complaints Committee” has been created in the Company for time-bound redressal of the complaint made by the victim.

  5. Internal Complaints Committe

    The Internal Complaints Committee has been constituted for redressal of sexual harassment complaints (made by the victim) and for ensuring time bound treatment of such complaints. Initially, and till further notice, the Complaints Committee will comprise of:

    SI No Name Designation Membership
    1 Ms.Lisha Govin General Manager HR Presiding Member
    2 Ms. Radha Ramanujan Chief Financial Officer Member
    3 Mr. Sandesh C Chief Operating Officer Member
    4 Mr Ghanshyam Singh Director – SCM & QA Member
    5 Mr Vivek Krishna Independent Consultant External Member


    The Name of the Members of the Internal Complaints Committee is as per the above list and any change in such composition shall be affected in the policy.
  6. Complaint Redressal Mechanism

    Each complaint of Sexual Harassment shall be dealt with utmost confidentiality and urgency by an Internal Complaint Committee.

    • Within 3 working days, the Internal Complaints Committee or designated investigating panel appointed by Internal Complaints Committee shall commence Official Internal Enquiry
    • Within 10 days from receipt of the original complaint, the Internal committee shall record and accordingly communicate in writing to the Complainant and the Respondent, its prima facie findings, upon giving the concerned parties a fair opportunity to represent themselves and upon conducting fact finding, truth verification and counselling sessions with persons involved in alleged act(s).
    • A complaint will be closed no later than one month from receipt of original complaint by recording the decisions of the internal committee, accordingly informing to the complainant and the Respondent of the same.
  7. Redressal

    1. An amicable resolution of the complaint is possible only with the written consent of the complainant.
    2. Within 24 hours of closing the case file, the internal committee shall present the same to and inform its decision to the CEO.
    3. In case of decision establishing the offence of Sexual Harassment of the complainant, within 3 working days, the internal committee shall recommend Disciplinary action against the offender considering the nature and extent of injury caused to the complainant, prior complaints or repetition of offence etc and the impact of the offence on the company profile as a whole.
    4. The position of the offender and the criticality of the position occupied by the offender shall not be any hindrance to the disciplinary action taken against the offender.
    5. The disciplinary action that shall be commensurate with the nature of the gravity of the offence, shall include but not limited to
      Warning
      Written apology from offender
      Bond of good behaviour
      Transfer of services
      Debarring from supervisory duties
      Cancellation of specific work assignment
      Suspension
      Termination of Employment
  8. Awareness

    All the Employees, Agents, Customers, Vendors, Partners and Visitors shall have access to this Policy at any given point of time and clarification related to this Policy shall be addressed by the HR team.

    A brief shall be given to all existing employees regarding the features of this Policy immediately on formulation of the Policy and to new employees in the Company during their initial Induction.

    It is to be noted that this statement is not intended to discourage employees from coming forward with any complaints. The Company recognizes and expects that some claims may be difficult to prove or support, or may not in fact be found to raise to the level of seriousness deemed necessary to constitute Sexual Harassment. These types of complaints will not be considered to be false accusations.

EQUAL EMPLOYMENT OPPORTUNITY POLICY

This policy applies to all MOUNTAIN TRAIL FOODS PVT. LTD (“Company”) employees (“employees”) and operations. MOUNTAIN TRAIL FOODS PVT LTD aims to create employment opportunities such that all employees achieve their full potential.

  1. Policy

    It is the policy of MOUNTAIN TRAIL FOODS PVT. LTD to provide equal employment opportunities, without any discrimination on the grounds of age, color, disability, marital status, nationality, race, religion, sex, sexual orientation. The Company strives to maintain a work environment that is free from any harassment based on above considerations. This Equal Opportunities Policy is subject to applicable regulations, qualifications and merit of the individual.

    This Equal Employment Opportunity Policy is consistently applied throughout the period of employment of the individual right from the recruitment process till superannuation.

  2. Equal Opportunity for Persons with Disabilities

    In accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 and Rules, it is Company’s Policy to ensure that the work environment is free from any discrimination against persons with disabilities. Further, the Company will take all actions to ensure that a conducive environment is provided to persons with disabilities to perform their role and excel in the same. The Company will build systems and processes to ensure:

    • That appropriate facilities and amenities are provided to persons with disabilities to enable them to effectively discharge their duties in the establishment.
    • That provision is made for an accessible environment and of availability of assistive devices as required.
    • That the HR Department will ensure a Liaison officer is designated to oversee the provision of required facilities/amenities including the process of recruitment for persons with disabilities. Such Liaison Officer shall be part of the Human Resources team reporting to the Executive Director Human Resources of the Company.
    • That a Grievance Redressal mechanism for addressing the matters related to the employment of persons with disabilities is available.
    • That the Business Integrity Committee will ensure if any grievance does arise and is brought up to the Committee concerning selection of person(s) with disability for any position, training, promotion, transfer posting, leave & preference in accommodation allocation etc. is dealt with in a fair and equitable manner free from any discrimination.
    • That no opportunity is denied to persons with disabilities, merely on ground of disability. Merely on ground of disability.

    MTFPL – Equal Employment Opportunity Policy
    Individuals with disabilities who apply or employees who believe themselves to be covered by the Rights of Persons with Disabilities Act, 2016, should contact the Human Resources Representative in any given location. Any information obtained is voluntary, will be kept confidential, and will be used in accordance with applicable laws. Refusal to provide information will not subject an employee or applicant to any adverse treatment. Employees and applicants will be protected from coercion, intimidation, interference, discrimination or retaliation for filing a complaint or assisting in an investigation under the Act.

  3. Responsibility

    • Every member of Chai Point (MTFPL) management is responsible giving effect to this policy.
    • Each Company location is responsible for obtaining and utilizing up‐to‐date information regarding applicable state and local laws and regulations.
    • The Human Resources Managers have the functional responsibility of assuring compliance with Company policy; developing, coordinating and implementing all programs; and reporting findings and progress.
    • Any employee who violates this Policy, or in any manner discriminates with any person with disability, or renders any harassment to such person shall be dealt with under the Code of Business Principles of the Company.
    • The Executive Director, Human Resources is accountable to the CEO to oversee and promote this policy.
  4. Communicaion of Policy

    • This Policy will be available to all employees, policy accessible via Gretyhr portal and normal communication vehicles within the business.
    • Suitable material will be included in Company publications, management conferences, and supervisory training courses.
    • All recruitment literature and employment advertising will indicate that the Company is an Equal Opportunity Employer.