Terms of service
THE SITE, APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COOKS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR MEALS (DEFINED BELOW) AND customers (DEFINED BELOW) MAY LEARN ABOUT AND RESERVE FOOD. YOU UNDERSTAND AND AGREE THAT JOYCHEFS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COOKS AND customers. JOYCHEFS HAS NO CONTROL OVER THE QUALITY OF THE FOOD, CONDUCT OF COOKS, customers AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"JOYCHEFS Content" means all Content that JOYCHEFS makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and JOYCHEFS Content.
"Content" means text, graphics, images, music, software (excluding the App), audio, video, information or other materials.
"customer" means a Member who requests to reserve food via the Site, App or Services, or a Member who consumes food prepared by the Cook and marketed via JOYCHEFS .
"Cook" means a Member who prepares and/or serves food via the Site, App or Services.
"Meal" means any food listing offered by a Cook and available for reservation via the Site, App, or Services.
"Member" means a person who completes JOYCHEFS account registration process, including, but not limited to Cooks and customers, 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, App or Services.<>"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and App (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, App, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, App, Services, or Collective Content.
You acknowledge and agree that, by accessing or using the site, app or services or by downloading or posting any content from or on the site, via the app or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and app. If you do not agree to these terms, then you have no right to access or use the site, app, services, or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
The Site, App and Services are intended solely for persons who are 18 or older. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older. Those under 18 may reserve JOYCHEFS meals when authorized by a parent or guardian over the age of 18. How the Site, App and Services Work
Account (defined below).
As stated above, JOYCHEFS makes available a marketplace with related technology for Cooks and customers to connect online and share Meals. JOYCHEFS is not an owner or operator of food establishments, including, but not limited to, restaurants. JOYCHEFS does not cook or provide food materials for Cooks. JOYCHEFS role is solely to facilitate the availability of Meals. Similarly, JOYCHEFS is not a contracting agent or representative of any Cook. Instead, JOYCHEFS role is solely to facilitate the availability of the Site, App and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APP AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF MEALS. JOYCHEFS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY MEALS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY MEALS. JOYCHEFS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MEALS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE customers OWN RISK.
In order to access certain features of the Site and App, and to book a Meal or create a Meal, you must register to create an account ("JOYCHEFS Account") and become a Member. You may register to join the Services directly via the App 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") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our App, as described below. As part of the functionality of the Site, App and Services, you may link your JOYCHEFS Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to JOYCHEFS through the Site, Services or App; or (ii) allowing JOYCHEFS 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 JOYCHEFS and/or grant JOYCHEFS 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 JOYCHEFS to pay any fees or making JOYCHEFS subject to any usage limitations imposed by such third party service providers. By granting JOYCHEFS access to any Third Party Accounts, you understand that JOYCHEFS 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, Services and App via your JOYCHEFS Account and JOYCHEFS Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall 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 JOYCHEFS Account on the Site, Services and App. Please note that if a Third Party Account or associated service becomes unavailable or JOYCHEFS 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 App. You have the ability to disable the connection between your JOYCHEFS Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
JOYCHEFS makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and JOYCHEFS is not responsible for any SNS Content.
We will create your JOYCHEFS Account and your JOYCHEFS Account profile page for your use of the Site and App 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 JOYCHEFS 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. JOYCHEFS reserves the right to suspend or terminate your JOYCHEFS Account and your access to the Site, App and Services if you create more than one (1) JOYCHEFS Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 JOYCHEFS Account, whether or not you have authorized such activities or actions. You will immediately notify JOYCHEFS of any unauthorized use of your JOYCHEFS Account.
Modification JOYCHEFS reserves the right, at its sole discretion, to modify the Site, App 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 App or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a modification on the Site or via the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.
JOYCHEFS 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, App and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, App 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 JOYCHEFS with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Meals made by you. Meals
As a Member, you may create Meals. To this end, you will be asked a variety of questions about the Meal to be listed, including, but not limited to, the number of servings, ingredients, date, and pricing and related rules and financial terms. In order to be featured in Meals via the Site, App and Services, all Meal must have valid physical addresses. Meals will be made publicly available via the Site, App and Services. Other Members will be able to reserve your Meal via the Site, App and Services based upon the information provided in your Meal. You understand and agree that once a customer requests a Meal, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Meals you post. Accordingly, you represent and warrant that any Meal you post and the reservation of a Meal 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, Tax requirements, and rules and regulations that may apply to any Meal you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties. Please note that JOYCHEFS assumes no responsibility for a Cook's compliance with any applicable laws, rules and regulations.
You understand and agree that JOYCHEFS does not act as an insurer or as a contracting agent for, or representative of, you as a Cook, and if a customer requests a your Meal and consumes your Meal, any agreement you enter into with such customer is between you and the customer and JOYCHEFS is not a party thereto. Please note that JOYCHEFS reserves the right, at any time and without prior notice, to remove or disable access to any Meal for any reason, including Meals that JOYCHEFS, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
Bookings and Financial Terms
Bookings and Financial Terms for Cooks
The fees displayed in each Meal are comprised solely of the Meal Fees (defined below). Service Fees (defined below) and Taxes, where applicable, may be charged in addition to the Meal Fees. The Meal Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a customer solely relating to a Cook's Meal are the "Meal Fees". Please note that it is the Cook and not JOYCHEFS which determines the Meal Fees. JOYCHEFS charges a fee to customers based upon a percentage of applicable Meal Fees, which are the "Service Fees". The customer Fees are added to the Meal Fees to calculate the Total Fees displayed in the applicable Meal. JOYCHEFS will collect the Total Fees at the time of booking confirmation and will remit the Meal Fees to the Cook within 10 business days.
Please note that JOYCHEFS does not currently charge fees for the creation of Meals. However, you acknowledge and agree that JOYCHEFS reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Meals. Please note that JOYCHEFS will provide notice of any Meal fee collection via the Site, App and Services, prior to implementing such a Meal fee feature.
Bookings and Financial Terms for customers
The Cooks, not JOYCHEFS, are solely responsible for honoring any confirmed bookings and making available any Meals reserved through the Site, App and Services. If you, as a customer, choose to enter into a transaction with a Cook for the booking of an Meal, you agree and understand that you have entered into an agreement with the Cook and you agree to accept any terms, conditions, rules and restrictions associated with such Meal outlined by the Cook in the posting of the Meal. You acknowledge and agree that you, and not JOYCHEFS, will be responsible for performing the obligations of any such agreements, and JOYCHEFS is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
If a requested booking is cancelled by the Cook, any amounts collected by JOYCHEFS will be refunded to such customer. You agree to pay JOYCHEFS for the Total Fees for any booking requested in connection with your JOYCHEFS Account if such requested bookings are confirmed. In order to establish a booking and obtain confirmation of your requested booking, you understand and agree that JOYCHEFS will charge your credit card for the Total Fees. Please note that JOYCHEFS cannot control any fees that may be charged to a customer by his or her bank related to JOYCHEFS collection of the Total Fees, and JOYCHEFS disclaims all liability in this regard.
In consideration for providing the Services, JOYCHEFS collects service fees from customers ("Service Fees"). Meal fees will be remitted to Cooks via check or direct deposit.
General Booking and Financial Terms
Cancellations and Refunds
customers cannot cancel their reservations once confirmed.
If a Cook cancels a confirmed booking made via the Site, Services, and App, JOYCHEFS will refund the Total Fees for such booking to the applicable customer within a commercially reasonable time of the cancellation.
Mail to email@example.com within 6 hours of cancellation the meal by the chef. In the case of a refund, the Cook will not receive the associated Meal fees.
In connection with your use of our Site, App and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, App or Services, 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, App 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, App or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an JOYCHEFS customer or Cook;
• register for more than one JOYCHEFS Account or register for a JOYCHEFS Account on behalf of an individual other than yourself;
• contact a Cook for any purpose other than asking a question related to a booking, such as a Cook's Meals;
• contact a customer for any purpose other than asking a question related to a booking or such customer's use of the Site, App and Services;
• when acting as a customer or otherwise, recruit or otherwise solicit any Cook or other Member to join third party services or websites that are competitive to JOYCHEFS, without JOYCHEFS prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site, App or Services;
• use the Site, App and Services to find a Cook or customer and then complete a booking of a Meal transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Service Fees related to JOYCHEFS provision of the Services;
• as a Cook, submit any Meal with false or misleading price information, or submit any Meal with a price that you do not intend to honor; or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, App or Services 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;
• use, display, mirror or frame the Site or App, or any individual element within the Site, Services, or App, JOYCHEFS name, any JOYCHEFS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JOYCHEFS express written consent;
• access, tamper with, or use non-public areas of the Site or App, JOYCHEFS computer systems, or the technical delivery systems of JOYCHEFS providers;
• Attempt to probe, scan, or test the vulnerability of any JOYCHEFS system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by JOYCHEFS or any of JOYCHEFS providers or any other third party (including another user) to protect the Site, Services, App or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing. JOYCHEFS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. JOYCHEFS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that JOYCHEFS has no obligation to monitor your access to or use of the Site, App, Services 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, App and Services, 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. JOYCHEFS reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that JOYCHEFS, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. JOYCHEFS cannot and does not offer Tax-related advice to any Members of the Site, App and Services. Additionally, please note that each Cook is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Meals.
JOYCHEFS Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, JOYCHEFS grants you a limited, non-exclusive, non-transferable license, to (i) access and view any JOYCHEFS 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 have no right to sublicense the license rights granted in this section.
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, App, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by JOYCHEFS or its licensors, except for the licenses and rights expressly granted in these Terms.
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, App and Services, you hereby grant to JOYCHEFS 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 only on, through, or by means of the Site, App and Services. JOYCHEFS 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, App and Services. 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, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to JOYCHEFS 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 JOYCHEFS use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services 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 or regulation.
The Site, App and Services may contain links to third-party websites or resources. You acknowledge and agree that JOYCHEFS 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 JOYCHEFS 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.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of the INDIA and foreign countries. You acknowledge and agree that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of JOYCHEFS 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, App, Services, or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of JOYCHEFS used herein are trademarks or registered trademarks of JOYCHEFS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org section of the Site and App. You acknowledge and agree that all Feedback will be the sole and exclusive property of JOYCHEFS and you hereby irrevocably assign to JOYCHEFS and agree to irrevocably assign to JOYCHEFS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At JOYCHEFS request and expense, you will execute documents and take such further acts as JOYCHEFS may reasonably request to assist JOYCHEFS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
JOYCHEFS respects copyright law and expects its users to do the same. It is JOYCHEFS policy to terminate in appropriate circumstances the JOYCHEFS Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
DisclaimersIf you choose to use the site, app, services, you do so at your sole risk. You acknowledge and agree that joychefs does not conduct background checks on any member, including, but not limited to, customers and cooks. The site, app, services, and collective content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, joychefs 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. Joychefs makes no warranty that the site, app, services, collective content, including, but not limited to, the meals will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Joychefs makes no warranty regarding the quality of any meals, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, app, or services.
No advice or information, whether oral or written, obtained from joychefs or through the site, app, 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, app or services and with other persons with whom you communicate or interact as a result of your use of the site, app or services, including, but not limited to, any cooks or CUSTOMERS. You understand that joychefs does not make any attempt to verify the statements of users of the site, app or services or to review or visit any cooks. Joychefs makes no representations or warranties as to the conduct of users of the site, app or services or their compatibility with any current or future users of the site, app or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, app or services and with other persons with whom you communicate or interact as a result of your use of the site, app or services, including, but not limited to, CUSTOMERS and cooks, particularly if you decide to meet offline or in person.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, app, services and collective content, and your meal or booking of any meals via the site, app and services remains with you. Neither joychefs nor any other party involved in creating, producing, or delivering the site, app, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, app, services or collective content, from any communications, interactions or meetings with other users of the site, app, or services or other persons with whom you communicate or interact as a result of your use of the site, app, services, or from your meal, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not joychefs has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will joychefs aggregate liability arising out of or in connection with these terms and your use of the site, app and services including, but not limited to, from your meal, or from the use of or inability to use the site, app, services, or collective content, exceed the amounts you have paid or owe for bookings via the site, app and services as a customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a cook, the amounts paid by joychefs to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred rupees (rs100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between joychefs and you. 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 may not assign or transfer these Terms, by operation of law or otherwise, without JOYCHEFS prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JOYCHEFS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by JOYCHEFS (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If the Cook or customer is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to JOYCHEFS by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree to release, defend, indemnify, and hold JOYCHEFS 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, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Meal, (iii) creation of a Meal or (iv) the use, condition or rental of a Meal by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Meal.
These Terms constitute the entire and exclusive understanding and agreement between and JOYCHEFS you regarding the Site, App, Services, Collective Content, and any bookings of Meals made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JOYCHEFS and you regarding bookings of Meals, the Site, App, Services, and Collective Content.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of HYDERABAD,TELENGANA and INDIA, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in HYDERABAD, TELENGANA for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and JOYCHEFS agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or App (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and JOYCHEFS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and JOYCHEFS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The failure of JOYCHEFS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JOYCHEFS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact JOYCHEFS at firstname.lastname@example.org.