Last Updated: August 15, 2011
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.
Personally Identifiable Information
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.
You can also register to join by logging into online accounts you may have with third party service providers ("SNS")(e.g. Facebook); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your OUMK Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to OUMK through the Site, Service or Application; or (ii) allowing OUMK to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to OUMK and/or grant OUMK access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating OUMK to pay any fees or making OUMK subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize OUMK to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your OUMK Account and OUMK Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your OUMK Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your OUMK Account profile (e.g., without limitation, pin code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your pin code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other OUMK Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with OUMK newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Notifications" information.
(See “Changing or Deleting Information,” below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an "OUMK User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application’s technical administration, to increase our Site and Application’s functionality and user-friendliness, and to better tailor our Site and Application to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Emailing Via an OUMK Account
As part of the Service, OUMK Users may communicate with OUMK Members through use of the "Contact Host" feature on the Site and Application. Where OUMK Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from OUMK to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. Via the "Contact Host" feature of the Site and Application, you may also speak with other OUMK Members over the phone. In these instances, OUMK will not share your phone number with the other OUMK Member, but will use your phone number to contact you over the phone to connect you with the other OUMK Member.
Identity theft and the practice currently known as "phishing" are of great concern to OUMK. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your OUMK Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication
Information Sharing and Disclosure
The Site, Application and Service can be used to facilitate the listing and booking of Meals. Listings for such Meals are made available via the Site, Application and Service by Hosts. Listings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any OUMK User.
OUMK Members and Users
When you create an OUMK Account, we will set up an OUMK Account profile page for you. Your OUMK Account profile page will include your first name and last . You can select the other items of Personal Information that you wish to be included in your OUMK Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of OUMK, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your OUMK Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all OUMK Users and consequently should reflect how much you want other OUMK Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML "widget". We may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.
If you request to make a booking via the Site, Application and Service, OUMK will share the following information about you with the applicable Host:
(i) your first and last name, (ii) a link to your OUMK Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Host on such SNS, and (iv) an indication that the name that you provided to OUMK when you became a Member matches the name that you provided to the SNSs to which you have linked your OUMK Account (v) your photographs , calendar or any such relevant data approved by you.All of this information will enable the Host to decide whether to confirm or reject your booking.When a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the address for the meal and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number and email address, so that the Guest and Host may contact one another directly. In no event is a Guest’s Billing Information shared with a Host.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Compliance with Laws and Law Enforcement; Guarantee Program
OUMK cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of OUMK or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
OUMK may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at terms@OUMK.com or editing the relevant part of their profile. If you would like us to cancel your OUMK Account, please contact us or select the "Cancel Account" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your OUMK Account. Please note that, if you cancel your OUMK Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
OUMK is very concerned with safeguarding your information. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Websites
Our Site and Application contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.
Our Policy Toward Children
The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Guest Refund Policy Terms
These terms and conditions govern the OUMK Guest Refund Policy (the "Guest Refund Policy ") available to Guests who book and pay for Meals listed by a Host through the OUMK platform (the "Site") and suffer a Issue and the obligations of the Host associated with the Guest Refund Policy.
1. Issue. A "Issue" means any one of the following:
(a) the Host of the Meals (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Meals (e.g., improper address, Not present at home at the specified time).
(b) the description of the Meals in the listing on the Site is materially inaccurate with respect to:
(i) the type of the Meals (e.g., Breakfast, lunch, snacks etc),
2. The Guest Refund Policy. If you are a Guest and suffer an Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by OUMK, depending on the nature of the Issue suffered . Please note that non attendance with any prior notice will be treated as service rendered and the guest will not be liable to any refunds.
3. Conditions to Claim a Issue. Only a Guest may submit a claim for an Issue. If you are a Guest, in order to submit a valid claim for a Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
(a) you must bring the Issue to our attention in writing (OUMK.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Meals and the circumstances of the Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Issue.
(b) you must not have directly or indirectly caused the Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Issue with the Host prior to making a claim for a Issue.
4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest. If you are a Host, you are responsible for ensuring that the Meals you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Issues.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Issue you may notify us in writing (OUMK.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Issue, provided you must have used reasonable and good faith efforts to try to remedy the Issue with the Guest prior to disputing the Issue claim. You agree that all determinations of OUMK with respect to the Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Issue. In the event of one or more Issues, OUMK, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Issues, cancelling future bookings, suspending or removing the listing of the Meals or imposing penalties or fees for the administrative burden associated with the Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. OUMK reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If OUMK modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and OUMK will continue to process all claims for Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between OUMK and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between OUMK and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the OUMK Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the state of Maharashtra, republic of India, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL OUMK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS OUMK POLICY TERMS, EXCEED THE AMOUNT OF THE MEALS FEES COLLECTED BY OUMK FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A MEALS OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
1. Guest cancels before confirmation : 100 % refund as the amount is released back into the account
2. guest cancels post confirmation : then the host refund policy will be followed . 10% commission and a minimum of 3 % convenience charge, and service tax applicable on both will be non refundable , will be levied on all refunds irrespective of host cancellation policy.
3. if the host cancels : the guest will be refunded the entire amount.
6. Contacting OUMK. If you have any questions about the Guest Refund Policy, please contact OUMK at http://onceuponmykitchen.com/contact.