Terms of Use

 

Disclaimers

 

IF YOU CHOOSE TO USE THE SITE or APPLICATION YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OUMK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

 

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OUMK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OUMK MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY MEALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ON AN ERROR-FREE BASIS. OUMK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, MEALS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OUMK OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS.

 

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OUMK OR NOT.

 

Limitation of Liability

 

IN NO EVENT WILL OUMK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES EXCEEDS THE AMOUNT OF THE FEES COLLECTED BY OUMK FROM THE GUEST. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING A MEAL 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 TERMS.

 

Terms of Service

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

 

Last Updated: 22/10/2013

 

Once upon my kitchen.com (hereafter referred to as "OUMK", "we", "us", or "our") provides an online platform that connects hosts offering home cooked meals to guests at a tariff fixed by a host (collectively, the "Services"). The details of Services are accessible at www.onceuponmykitchen.com and any other websites through which OUMK makes such details available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and/or the Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user under the Terms.

Once upon my kitchen.com belongs to BRAG Consultancy Private Limited. Hence all invoices and accounting and legal communications should be addressed to Brag Consultancy Private limited.

 

You understand and agree that OUMK is not a party to any agreements entered into between hosts and guests. OUMK has no control over the conduct of hosts, guests and other users of the Site or the Application and does not guarantee any standards of Service by the hosts and disclaims any liability in this regard. Please also note that OUMK cannot and does not control the content in any Listings and any bookings will be made at the guest’s own risk.

 

The persons availing Services shall be deemed to have read, understood and expressly accepted the Terms, which shall govern the terms of the Services by us for all purposes, and shall be binding on each such person using the Site and/or the Application. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. We reserve the right, in our sole discretion, to terminate the access to the Site or all other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

 

Key Terms

 

"Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision and in each case as amended, modified or substituted from time to time;

 

"Collective Content" means Member Content and OUMK Content;

 

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials;

 

"Guest" means a Member who requests booking of a home cooked meal via the Site and/or the Application or any other person who consumes the Meals through the booking made by such Member;

 

"Host" means a Member who creates a Listing and offers the Services to Guests;

 

"Host Price" shall mean the price quoted by the Host as the price of the Meal;

 

"Host Pay Out" shall mean the amount paid to the Host by OUMK which shall be an amount equal to Host Price deducted by the aggregate of Service Fees (as defined below), Convenience Fees (as defined below) and all applicable taxes ;

 

"Guest Price" shall mean the sum total of all the charges which includes commission (service fees), convenience fee and all applicable taxes added to the Host Price which will be charged to the Guest;

 

“Host Refund Policy”shall have the meaning as defined in these Terms;

 

"Listing" means a home cooked meal that is listed by a Host as available for consumption via the Site and/or the Application;

 

"Member" means a person who completes OUMK’s account registration process, including Hosts and Guests, as described under "Account Registration" below.

 

"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site and/or the Application;

 

"OUMK Content" means all Content that OUMK makes available through the Site and/or the Application including any Content licensed from a third party, but excluding Member Content; and

 

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and central indirect or other withholding taxes under Applicable Law;

 

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site or the Application or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to such information.

 

Modification

 

OUMK reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. By continuing to access or use the Site and/or Application or availing the Services after we have posted a modification on the Site or via the Application, you are indicating that you agree to be bound by the modified Terms.

 

Eligibility

 

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

 

Registration and Working

 

The Site and/or the Application can be used to facilitate the Listing and booking of home cooked meals ("Meals"). The Meals are included in Listings on the Site and the Application. You may view Listings as an unregistered visitor to the Site or Application. However, if you wish to book a Meal or create a Listing, you must first register to create an OUMK Account (defined below).

 

As stated above, OUMK makes available a platform or marketplace for Guests and Hosts to meet online and arrange for bookings Meals. OUMK is not an owner or operator of restaurants, hotels, cafes nor is it a provider of properties and OUMK does not own, manage and/or control properties. OUMK’s responsibilities are limited to: (i) facilitating the availability of the Site and the Application and (ii) serving the limited purpose of accepting payments from Guests on behalf of the Host.

 

In order to access certain features of the Site and Application, and to book a Meal or create a Listing, you must register to create an account ("OUMK Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

 

You can also register to join by logging into your account with certain third party social networking sites ("SNS") each such account, a "Third Party Account", via the Site or Application, as described below. As part of the functionality of the Site and/or the 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 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 such third party service providers. By granting OUMK access to any Third Party Accounts, you understand that OUMK will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site and the Application via your OUMK Account and OUMK Account profile page.

 

Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your OUMK Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or OUMK’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. OUMK makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and OUMK is not responsible for any SNS Content.

 

We will create your OUMK Account and your OUMK Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active OUMK Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OUMK reserves the right to suspend or terminate your OUMK Account and your access to the Site, Application and Services at its sole discretion for any reason whatsoever. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OUMK Account, whether or not you have authorized such activities or actions. You will immediately notify OUMK of any unauthorized use of your OUMK Account.

 

A Guest shall deemed to have accepted all the Terms set out herein by booking a Meal and a Host shall be deemed to have accepted the Terms by posting a Listing.

 

No Endorsement

 

OUMK does not endorse any Members or any Meals. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and the Application. OUMK will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from OUMK with respect to such actions or omissions. Accordingly, you are required to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.

 

Bookings and Financial Terms

 

The Hosts may charge a fee for the Meals (the "Host Price"). In addition to the Host Price, Guests shall be charged a fee which shall be based upon a percentage of the applicable Host Price (the "Guest Price"). The fees displayed in each Listing shall be the Guest Price. Please note that it is the Host and not OUMK which determines the Host Price.

Both Guests and Hosts agree to cooperate with and assist OUMK in good faith, and to provide OUMK with such information and take such actions as may be reasonably requested by OUMK, in connection with any complaints or claims made by Members relating to damage to property or any personal or other property located at any home or with respect to any investigation undertaken by OUMK or a representative of OUMK regarding use or abuse of the Site, Application or the Services. Please note that non attendance without any prior notice or with a notice after such time as stipulated in the host Refund Policy will be treated as service rendered and the Guest will not be entitled to any refund.

 

Bookings and Financial Terms for Guests

 

The Hosts (and not OUMK) shall solely be responsible for honoring any confirmed bookings and making available any Meal reserved through the Site and the Application. If you, as a Guest, choose to enter into a transaction with a Host for the booking of any Meals, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Meals imposed by the Host. You acknowledge and agree that you, and not OUMK, will be responsible for performing the obligations of any such agreements. Except as expressly provided in the Terms, OUMK disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that OUMK is not a party to the agreement between you and the Host, OUMK acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to OUMK which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and OUMK is responsible for remitting such amounts, less OUMK’s Host Fees, to the Host.

 

Listings for Meals will specify the Guest Price.

 

As noted above, the Host is required to either confirm or reject the booking within 72 hours after the booking is requested or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by OUMK will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.

 

You agree to pay OUMK the Guest Price for any booking requested in connection with your OUMK Account if such requested booking is confirmed by the relevant Host. In order to establish a booking pending the Host’s confirmation of your requested booking, you understand and agree that OUMK, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Guest Price or (ii) charge your credit card a nominal amount, to verify your credit card. Once OUMK receives confirmation of your booking from the Host, OUMK will collect the Guest Price in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that OUMK cannot control any fees that may be charged to a Guest by his or her bank related to OUMK’s collection of the Guest Price, and OUMK disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to OUMK or its third party payment processor. You agree to pay OUMK for any confirmed bookings made in connection with your OUMK Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by credit card.

 

You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by OUMK or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to OUMK’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.

 

Non Refundable Service Fees /Commission & Non Refundable Convenience Charge

 

In consideration for providing the Services, OUMK will charge certain amount as fees from Hosts and Guests ("Service Fees"). Service Fees shall include the fee charged to the Guest and the fee charged to the Host. In addition to the Service Fees a non refundable convenience fees will be separately charged from the Hosts and Guests and this will include all payment gateway fees and cost for transfer of funds etc ("Convenience Fees").

 

The Guest acknowledges and agrees that Service Fees and Convenience Fee will be over and above the Host Price and hereby agrees to the Terms set out herein. The Host acknowledges and agrees that Service Fees and Convenience Fee will be charged on the Host Price and the Host Pay Out will be the amount calculated by OUMK and displayed in the Site. The Host and the Guest acknowledges and agrees that Service Fees and Convenience Fees will be charged by OUMK.

 

General Booking and Financial Terms

 

Cancellations and Refunds

 

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, OUMK will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Meals, the Host Refund Policy will apply to such cancellation. Our ability to refund the Meals Fees and other amounts charged to you will depend upon the terms of the Host Refund Policy. Details regarding refunds and cancellation policies are available via the Site and Application.

 

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) OUMK will refund the Guest Price for such booking to the applicable Guest within a commercially reasonable time of the cancellation. if a Host cancels a confirmed booking and you, as a Guest, have not received an email or other communication from OUMK, please contact OUMK at http://www.onceuponmykitchen.com/about/contact.

 

Foreign Currency

 

As part of the Services, OUMK provides a feature through which Members may view Guest Price for various Listings in foreign currencies. You understand and agree that these views of Guest Price are not the official Guest Price for the Listings and is just a rate of conversion. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Guest Price, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by OUMK based on the payment method you select and the location of the Meals in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, OUMK will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that OUMK has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although OUMK updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, OUMK will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date OUMK makes payment to a Host.

 

Damage to property

 

As a Guest, you are responsible for leaving the premise of the Host in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Meals. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your OUMK Account. OUMK also reserves the right to charge the credit card on file in your OUMK Account, or otherwise collect payment from you and pursue any remedy available to OUMK in this regard, in situations in which you have been determined, in OUMK’s sole discretion. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Meals to the applicable Host or to OUMK (if applicable).

 

User Conduct

 

You (the Guest and the Host) understand and agree that you are solely responsible for compliance with the Applicable Laws that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you agree that you will not:

 

  • violate any Applicable Laws;
  • use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application or Content;
  • use the Site or Application for any commercial or other purposes that are not expressly permitted by these Terms;
  • interfere with or damage our Site or Application including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site or Application in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to meals in a private residence;
  • offer, as a Host, any Meals at a venue that you do not yourself own or have permission to host.
  • register for more than one OUMK Account or register for an OUMK Account on behalf of an individual other than yourself;
  • contact a Host for any purpose other than asking a question related to a booking, such as Host’s Meals or Listings;
  • when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to OUMK, without OUMK’s prior written approval;
  • an Meals transaction independent of the Site, Application in order to circumvent the obligation to pay any Service Fees related to OUMK’s provision of the Services;
  • as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • systematically retrieve data or other content from our Site, Application to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • access, tamper with, or use non-public areas of the Site or Application, OUMK’s computer systems, or the technical delivery systems of OUMK’s providers;
  • attempt to probe, scan, or test the vulnerability of any OUMK system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OUMK or any of OUMK’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • OUMK will have the right to investigate and prosecute violations of any of the above to the fullest extent of Applicable Law. OUMK may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OUMK has no obligation to monitor your access to or use of the Site or Application or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site or Application to ensure your compliance with these Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body. OUMK reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that OUMK, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site and/or the Application.

 

 

Ownership

 

The Site, Application and Collective Content are protected by copyright, trademark and other laws of India. You acknowledge and agree that the Site, Application and Collective Content, including all associated intellectual property rights is the exclusive property of OUMK and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Collective Content.

 

OUMK Content and Member Content Usage

 

Subject to your compliance with the Terms, OUMK grants you a limited, non-exclusive, right to (i) access and view any OUMK Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application or Collective Content, except as expressly permitted in these Terms.

 

Member Content

 

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and/or the Application you hereby grant to OUMK a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and/or the Application. OUMK does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

 

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and the Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and/or the Application or you have all rights, licenses, consents and releases that are necessary to grant to OUMK the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or OUMK’s use of the Member Content (or any portion thereof) on, through or by means of the Site and/or the Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Law.

 

Links

 

The Site or the Application may contain links to third-party websites or resources. You acknowledge and agree that OUMK is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OUMK of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

Proprietary Rights Notices

 

All trademarks, service marks, logos, trade names and any other proprietary designations of OUMK used herein are trademarks or registered trademarks of OUMK. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

OUMK respects copyright law and expects its users to do the same. It is OUMK’s policy to terminate in appropriate circumstances the OUMK Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

Indemnification

 

You agree to release, defend, indemnify, and hold OUMK and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, all legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application and the Services.

 

Reporting Misconduct

 

If you eat with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then basis intimate OUMK by contacting us with details of the police station which has jurisdiction and report the same at support@onceuponmykitchen.com. We will take all steps reasonably possible for us to on the basis of the facts and information provided to us but will not in any way obligate us to take any action beyond that required by Applicable Law (if any) or cause us to incur any liability to you.

 

Notices

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OUMK (i) via email at support@ onceuponmykitchen.com . or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Governing Law and Jurisdiction

 

We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction or country other than those of India and OUMK considers itself and intends to be subject to the jurisdiction only of the courts of Mumbai, India.

 

Privacy Policy

 

OUMK provides the privacy policy as set out herein (the "Privacy Policy") to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users the Site and the Application. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.

 

Our primary goals in collecting information are to provide and improve our Site, Application and Services and to enable users to enjoy and easily navigate the Site and Application. 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. 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.

 

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. 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.

 

Log Data

 

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.

 

Cookies

 

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by OUMK Users and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser. Third party advertisers on the Site and Application may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.

 

Messaging Via an OUMK Account

 

As part of the Service, OUMK Guests or Hosts may communicate with other OUMK Guests or Hosts after a meal has been booked and confirmed between them.

 

Information Sharing and Disclosure

 

The Site and/or the Application can be used to facilitate the Listing and booking of Meals. Listings for such Meals are made available via the Site and/or the Application by Hosts. Listings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile of Hosts and Guests, are visible to any person who uses OUMK.

 

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.

 

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.

 

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.

 

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of OUMK Users and improvement of the Site and Application’s features) or to assist us in analyzing how our Site, Application and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.

 

OUMK may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, transfer, assignment, acquisition, reorganization or sale of assets of or by OUMK

 

OUMK is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, the payment gateway integrated will encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us.

 

Guest Refund Policy Terms

 

These terms and conditions govern the OUMK Guest Refund Policy (the "Guest Refund Policy") applicable to Guests who book and pay for Meals listed by a Host through the Site or the Application and suffer a Issue and the obligations of the Host associated with the Guest Refund Policy.

 

  • Issue. An "Issue" would be deemed to have occurred if the Host of the Meals (i) cancels a reservation before the scheduled reservation date 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) (iii) the Meal is materially different from what was offered to the Guest.
  • The Guest Refund Policy. If you are a Guest and suffer an Issue, we may at our discretion agree to 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 will be treated as service rendered and the Guest will not be entitled to any refunds. The amounts refunded in such scenario would be as per the terms set out below and after deducting any amounts and other applicable taxes as set out in the Terms.
  • Conditions to Claim an 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:
    • you must bring the Issue to our attention in writing (onceuponmykitchen.com/contact) 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 or once you are aware of the Issue, whichever is earlier, and must respond to any requests by us for additional information or cooperation on the Issue;
    • you must not have directly or indirectly caused the Issue (through your action, omission or negligence); and
    • 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.
  • 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 (onceuponmykitchen.com /contact) 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 the ranking of the Listing, 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.

 

Refund Scenario

 

Guest cancels before confirmation by the Host:

 

Once the Host confirms the booking made by a Guest, the policies set by the Host (the "Host Refund Policy") will be applicable depending on when the Guest applies for cancellation. Hence the Guest is required to view the cancellation policy selected by the Host at the time of booking. In this connection please also note that in addition to any deduction based on the Host, a charge of non refundable 3% convenience fee & non refundable 10 % commission fee, service tax as applicable will be levied on all Guest Refunds except when the Host cancels.

 

Cancellation by the Host

 

In such event, the Guest will be refunded the entire amount.

It may be noted that the service offered does not allow rescheduling of Meals as of now. This option will be considered in the near future. Accordingly if a Guest wishes to reschedule the Meals, they will need to cancel the current booking and choose the options available for their new dates and time.

 

Additional Terms to be considered by the Host

 

Meals Listings

 

As a Member, you may create Listings such that you can offer the Services as a Host. To this end, you will be asked a variety of questions about the Meals to be listed, including, but not limited to, the location, timings, capacity, features, number of guests and pricing and related rules and financial terms. In order to be featured in Listings via the Site and the Application, all Meals must have valid description and physical addresses of the location. Listings will be made publicly available via the Site and the Application. Other Members will be able to book your Meals via the Site and Application based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Meals, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of Meals in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all Applicable Laws included in a Listing you post including the terms governing venue of the Meals in and (b) not conflict with the rights of third parties. Please note that OUMK assumes no responsibility for a Host’s compliance with the Applicable Laws. You understand and agree that OUMK does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Meals, any agreement you enter into with such Guest is between you and the Guest and OUMK is not a party thereto. Notwithstanding the foregoing, OUMK will act on behalf of the Host for the purpose of accepting payments from Guests on behalf of the Host and shall be responsible for transmitting such payments to the Host.

 

Kindly ensure that in your Listing you mention the exact time of your service. Considering that the service times may vary for Breakfast, Lunch, Dinner, Tea etc. it is advisable that you make a clear note of the exact time you would want your guests to arrive and help them plan in advance.. This will ensure that all your guests are in full knowledge of the experience they will have.

 

If you are a Host, OUMK makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Meals. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Meals at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Meals, if applicable.)

 

Bookings and Financial Terms (Hosts)

 

If you are a Host and a booking is requested for Meals (proposed to be hosted by you) via the Site or Application, you will be required to either confirm or reject the booking within 72 hours of the booking. If the confirmation or rejection does not take place within 72 hours, the booking request will be automatically cancelled. When a booking is requested via the Site or Application, we may share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s OUMK Account profile page, (iii)If you are unable to confirm or decide to reject a booking of a Meal within such 72 hour period, any amounts collected by OUMK for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, OUMK will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

 

OUMK will collect the Guest Price at the time of booking confirmation (i.e. when the Host confirms the booking within 72 hours of the booking request) and will initiate payment of the Host Pay Out to the Host after the meal date. The Host Pay Outs will be on a 15 day cycle depending on the meal date. The Host Pay Outs of all meal on dates 1st -15th of a month will be between 16th-31st of such month and Host Pay Outs of meals between 16th – 31st of the month will be between 1st-16th of the next month.

 

The Hosts understand and agree that they will be solely responsible for determining the applicable tax reporting requirements in consultation with their tax advisors as required under Applicable Law. OUMK cannot and does not offer tax advice to any Members and each Host will be responsible for determining local Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

 

Appointment of OUMK as Payment Agent for Host

 

Each Host hereby appoints OUMK as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to OUMK shall be considered the same as a payment made directly to the Host and the Host will make the Meals available to Guest in the agreed manner as if the Host has received the Host Pay Out. Each Host further agrees that, OUMK may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Guest Price specified in the Host Refund Policy. In accepting appointment as the limited authorized agent of the Host, OUMK assumes no liability whatsoever including for any acts or omissions of the Host.

 

Please note that OUMK does not currently charge fees for the creation of Listings. However, you acknowledge and agree that OUMK reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that OUMK will provide notice of any Listing fee collection via the Site or the Application prior to implementing such a Listing fee feature. Such notice could by way of an update in the Site or any other manner as may be considered necessary by OUMK.

 

Refund and Cancellation Terms (Hosts)

 

Refund Policy except when the cancellation is made by the Host. "Your kitchen – Your rules".

 

 

This means that once the Host has confirmed to the Guest, the Guest will need to follow the Host Refund Policy. In the event the Host cancels the meal / booking, the Guest will be entitled to receive the full refund. Since cancellations will adversely affect the Host placement in search listings, please avoid cancellations post confirming the booking.

 

We recommend that the Host Refund Policy be objective and be considered on the basis of the time that will be required to plan and prepare the Meal. We have set out some options for the Hosts to choose from for guidance. We recommend that your Host Refund Policy is Guest friendly and also ensure that the time, effort and cost incurred by the Host is well taken care of.

 

Refund policy percentage options:

1. 0% refund

2. 50% refund

3. 100% refund

 

Notice time options:

 

On the day prior to the Meal: 0% refund, 50% refund, 100% refund

On the day of the Meal: 0% refund, 50% refund, 100% refund

 

BRAG Consultancy Private Limited (BRAG) shall be hosting onceuponmykitchen.com, which shall provide a new age socio-commercial interactive electronic platform to connect the people having common passion for food allowing them to extend and narrate their cooking experiences as hosts to their guests.

 

BRAG will conduct a host enlistment process whereby it shall enter into arrangements with people who cook at home and are willing to provide the services to the guests at their respective homes. As per the arrangement, BRAG shall be entitled to charge a commission on the listed prices fixed by the host for each order booked on its website. In addition a convenience fee will also be charged. Similarly, when a guest avails facility of booking an order at BRAG’s web-site onceuponmykitchen.com, BRAG shall charge a commission on the listed price to the guest. In addition there will also be a convenience fee that will be charged to the guest.

 

BRAG shall collect the entire consideration from the Guest and make payment (net of its commission and other levies) to the Host only after it is confirmed that the Host has performed the services as per the standards expected and subject to the Terms. BRAG will recognize the entire consideration received from the Guest as its revenues and the payments to be made to the Host as its expenses.

 

The commission fee and the convenience fee can be revised from time to time at the discretion of BRAG and will be as set out in the Terms.