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Last revision date: August 15 2017
Use of your personal information submitted via the Website is governed by our PrivacyPolicy.
Kouzina.ca, a website operated by Kouzina Inc., is a marketplace platform that connects users (the “Cooks”) who wish to sell food (the “Offerings”) with users who wish to purchase home cooked food (the “Patrons”). The Website lists the available Offerings (each a “Post”), including information about the Cook, the Offering and pick-up time and location. Cooks are ultimately responsible for all information provided in their Post about their Offering, and the ultimate safety and legality of their Post and Offering.
“User” means any member of the Website and/or Services who has registered for an Account.
“Order” means an arrangement made to Pick Up an Offering as signified by the transmission, receipt of payment that follow the guidelines of these Terms and the Post Details accordingly.
“Serving” means one portion of an Offering as determined by the Cook, size, quantity and/or volume of a Serving are determined at the Cooks discretion.
“Pick Up” means the act of physically attaining an Ordered Offering or arranging for its delivery.
“Pick Up Time” means the designated time between the Order being made available for Pick Up and the time when the Order may no longer be Picked Up.
“Kouzina Content” means any and all content which is owned by Kouzina.
You may access most areas of the Website without registering for the Service provided by the Website. Placing an order as a Patron, the Posting of an Offering, and communication between Users within the Website requires registration.
By accessing any part of the Website or using any of the Services you indicate that you accept these Terms, and warrant that (1) you have read and understand the Terms in their entirety, (2) you are legally capable of entering into binding contracts, and (3) you are at least 18 years old.
Certain features of the Website or Services may by subject to additional terms which will be posted on the Website or Services, this includes but is not limited to the use of features provided by third parties. Additional terms will be included by reference into these Terms. If there is a conflict between these Terms and terms and conditions posted for a specific feature of the Website or Service, the latter terms and conditions will take precedence but only with respect to your use of or access to that feature of the Website or Service.
Kouzina is an online marketplace that connects Cooks with Patrons so that they may arrange for the purchase of home cooked food. Through the Website meals can be Posted as Offerings by Cooks which can then be searched for, requested, and Ordered by Patrons. Kouzina does not create, provide, or own Offerings or the Posts in which they are advertised and is not the owner / operator of food/meals/Offerings prepared by Cooks. Unless explicitly stated otherwise within these Terms, Kouzina’s responsibilities are limited to (1) facilitating the availability of the Website and Services and (2) serving as the limited payment collection agent of each Cook for the purpose of accepting payments from Patrons on behalf of the Cooks.
Kouzina cannot and does not control the content contained in any Postings and the conditions, quality, legality or suitability of any Offerings. Kouzina is not responsible for and disclaims any and all liability related to any and all Postings and Offerings. Accordingly, any and all Postings, Offerings and Orders will be made at the Patron’s and Cook’s own risk respectively. Kouzina has no control over the conduct of Cooks or their Offerings and disclaims itself from all liabilities in this regard.
Cook Posting: As a Cook, you determine the terms under which your Offering will be made available and sold within the listing parameters provided by Kouzina. Your Posting must include (1) images of the Offering pertaining to the specific Post, (2) a description of the Offering outlining what is included in the price of one serving as well as a brief summary of preparation methods, (3) the price to be paid for one Serving, and (4) the terms upon which the Offerings will be made available for Pick Up including location, time the Offering will be ready for pick-up and the time the Offering may be picked up until. Posting an Offering is in no way binding on Kouzina. Kouzina, in its sole discretion reserves the right to remove, deny or take any other corrective action against any Postings as deemed necessary to (1) maintain the integrity of the Service; (2) comply with any applicable laws, government rules or requirements, or at request of law enforcement; (3) avoid any liability, civil or criminal. Cooks further agree that Kouzina shall not be liable for any loss or damages that may result from such actions. Kouzina is not obligated to, but maintains the right to promote any Postings and Offerings on Kouzina with all affiliated information included within the Posting, including but not limited to your name, biographical information, images, photos, videos, description of the Offering and any listed parameters, using any method and medium that we deem appropriate, including e-mail, mobile applications, and any other distribution channel owned, affiliated or operated by Kouzina as well as third party publications which have been granted permission by Kouzina. Cooks are responsible for all content they provide in their Post and all interactions with Patrons both online and offline.
Patron Orders: Kouzina provides a marketplace platform through which Patrons are able to Order and purchase Offerings Posted by Cooks. As a Patron, you understand and accept that Kouzina’s role is limited to facilitating communication between Cooks and Patrons for the purpose of Orders and it is not responsible for content or information provided to the Website by the Cooks or any aspect of Postings or Offerings itself.
Cook Obligations: By registering and participating as a Cook, you represent that: (1) the information you submit to and post on the Services regarding yourself and your Offerings is true and accurate; (2) that you will make Offerings available to Patrons according to the information provided in each Posting at the specified time and within the Pick Up window and designated location; (3) that you have obtained and will maintain all necessary licenses, certificates, required insurances, and legal permissions and that you comply with all legal requirements including, including but not limited to all applicable laws and by-laws and industry standards (including applicable food handling requirements, business licenses, zoning requirements, health and safety inspections, fire codes and to the extent applicable, the collection and remittance of sales taxes); (4) you will provide Offerings to the Patrons as per the information provided within the Posting (Offerings will be provided as Posted in their entirety without substitute); (5) you will not require any additional payments or gratuities not listed on the Website and/or Services nor accept payment through any other means other than through features provided by the Website and/or Services; (6) you will not request or require users to Order and pay for an Offering off of Kouzina or otherwise attempt to avoid or bypass any fees that are paid or would be payable to Kouzina; and (7) you will only contact Users or utilize contact information provided by Users for the purpose of inquiring about Postings and the Pick Up of an Offering and no further purpose unless you obtain express written consent from the User.
Patron Obligations: By registering and participating as a Patron, you represent that: (1) the information you submit to and post on the Services regarding yourself is true and accurate; (2) you will comply with all Terms; (3) you will not contact or solicit Cooks or other Patrons for any commercial or other reasons which do not pertain to the facilitating of the Ordering and Pick Up of Offerings; (4) you will not solicit Cooks to accept an Order without pre-payment, or request to accept payment or Order in any method not provided by the Services and Website or which attempt to avoid or bypass any fees that are paid or would be payable to Kouzina; (5) you will arrive to the location provided by the Cook, specific to the Posting within the designated time frame to pick Up the Offerings which had been previously Ordered in your Order’s specified servings; (6) you will only contact Users or utilize contact information provided by Users for the purpose of inquiring about Postings and the Pick Up of an Offering and no further purpose unless you obtain express written consent from the User. You, as a Patron acknowledge and agree that, to the extent stated in the Terms, Cooks, in their sole discretion, reserve the right to refuse the Ordering of an Offering and the Pick Up of a meal if any of the terms are violated.
In order to access certain features of the Website and Services, you may have to create an account with us (“Account”). You may create an account directly via the Website or as described in this section. To create an account, you must provide the information about yourself as required through the registration process on the Website. You warrant that: (1) all information regarding yourself submitted to the Website is true and accurate; and (2) that you will maintain and update the information as necessary in order to maintain the accuracy of such. You may also register for an account 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 Social Account”) via our Website. By utilizing a Third Party Social Account to register for an Account with Kouzina, you represent that you are entitled to disclose your Third Party Social Account login information to Kouzina and grant Kouzina access to your Third Party Social Account, without breach by you of any of the terms and conditions that warrant your use of your Third Party Social Account and the SNS to which it is affiliated and registered to and without obligating Kouzina to pay any fees or making Kouzina subject to any usage limitations imposed by such third party service providers. By registering for an account utilizing a Third Party Social Account and thus granting Kouzina access to your Third Party Social Account, you recognize and accept that we may access, make available, and store any information and/or content that you have provided in your Third Party Social Account accessible through the Website and/or Service so that it is available on your Account. Unless specified otherwise within these Terms, all Third Party Social Account content will be deemed your User Content for all purposes of the Terms. Your relationship with each SNS is governed solely by your individual agreements with each SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS which violates the privacy settings set by you through your Third Party Social Account within the SNS. Kouzina is not responsible for any content SNS or Third Party Social Account content and makes no effort to review any Third Party Social Account content retrieved from any SNS for any purpose, including but not limited to, for legality, accuracy or non-infringement.
Kouzina reserves the right to suspend or terminate your Account and your access to the Website and Services if you create more than one Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete or otherwise in violation of these Terms. Users may delete their Account at any time, for any reason by following the instructions on the Website. You are solely responsible for your password and login information and agree not to disclose your password to any third party; as such, you are fully responsible for all activities and conduct that occur under/through your Account. You agree to notify Kouzina immediately if you are aware of or suspect any unauthorized use of your Account or any other breach of security. Kouzina cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree not to create an Account or attempt to use the Services if you have been previously banned from the Website or use of Services by us. Kouzina reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Website and/or Services (in full or partial capacity) at any time for any reason. You agree that Kouzina will not be liable to you or any third party for any suspension or termination of your Account or any refusal or restrictions on the use of the Website and Services (in full or partial capacity). Information on your profile will include information and content which you provide and/or upload, as well as information which may be collected from your account with a SNS. Kouzina reserves the right in its sole discretion to remove any information or content from your profile at any time for any reason. You agree that Kouzina will not be liable to you or any third party for such removal.
“User Content” refers to any and all information and content submitted to or used on the Website or Services. You are solely responsible for your User Content and assume all risks associated with the use of your User Content including but not limited to any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You warrant that your User Content does not violate the Fair Use Policy (as stated below). You may not state or imply that your User Content is in any way endorsed, provided or sponsored by Kouzina. You are solely responsible for your User Content and may be liable if your User Content violated the Fair Use Policy. Kouzina is under no obligation to backup any User Content. User Content may be deleted at any time without notice for any reason. You are solely responsible for creating backup copies of your User Content if you desire. Kouzina holds no responsibility or liability for the deletion or accuracy of any User Content, the failure to store, receive or transmit or failure to receive transmission of User Content or the security, privacy, storage or transmission of other communications originating with or taking place within / involving the use of the Website or Services. Kouzina has no obligation to review, pre-screen or verify the accuracy of User Content, although Kouzina reserves the right in its sole discretion to refuse or remove any User Content at any time for any reason without warning. Please ensure that you are only providing information to the Website and Services which you are allowed to provide without violating any obligations which you may hold to a third party, including information protected under confidentiality agreements. Please do not share or make public any information that you are not allowed to share or make public due to contractual or legal obligations. Any information you provide will be made accessible to Users and may be accessible to unregistered visitors to the Website and/or Services (each a “Guest”).
By making available any User Content on or through the Website and Services, you herby grant Kouzina a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit such User Content (in whole or in part) on, through, or by means of or to promote or market the Website and Services. Each user owns its own User Content. By providing your User Content to the Website and/or Services, you warrant that you own and/or have all necessary rights or licenses to make available your User Content as not to conflict with the Terms. You acknowledge and agree that you are solely responsible for all User Content you make available to the Website and/or Services. You represent that any User Content submitted to the Website and/or Services does not violate any patent, copyright, trade secret, trademark or other intellectual or proprietary property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Kouzina holds no responsibility or liability for the User Content.
The Website and Services may contain User Content provided by other Users or third parties. Kouzina is not responsible for and do not control such content. We reserve the right, but have no obligation to review or monitor such content. Kouzina does not endorse, approve or make any representations or warranties with respect to such content. You use all such content at your own risk.
Kouzina does not endorse any User (Cooks or Patrons), Guest, Post or Offering. User Content used in any and all promotional capacity, (including but not limited to e-mails, advertisements, articles, features, or reference) is solely used for the promotion of the Website and Services and is in no way endorsed by Kouzina. Kouzina does not endorse or guarantee the identity of any User or accuracy of information and User Content provided by such. As stated in these Terms, Users are required to provide accurate information. Although Kouzina may, for transparency, or fraud protection or detection purposes, directly or through third parties, ask you to provide a form of government identification to verify your name, date of birth and other information or undertake additional checks and processes in order to verify the identity of Users against third party databases or other sources, we do not make any representations about, confirm or endorse any User or the User’s implied or claimed identity or background. We recommend that you always exercise due diligence and care when deciding whether to Order an Offering or accept an Order, or have any interaction with another User online or offline, we are not responsible for any damages or harm resulting from your interactions with other Users.
By accessing and using the Website and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, Guests or third parties will be limited to a claim against the particular User, Guest or third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Kouzina with respect to such actions or omissions.
Links and Third Party Feature Terms:
The Website and Services may contain links to third party websites or resources. You acknowledge and agree that Kouzina is not liable or responsible for: (1) the availability or accuracy of such websites and resources; or (2) the content, products, or services on or available through such websites and resources. You acknowledge and accept sole responsibility for and assume all risk arising from your access and/or use of any such website or resource or the content, products or services on or available from such websites for resources.
Fair Use Policy:
You understand and agree that you are solely responsible for compliance with any and all laws, regulations, rules, and tax obligations that may apply to your use of the Website and Services. In connection with your use of the Website and Services you may not and agree that you will not:
- Violate any local, provincial, federal or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, certificate requirements and tax regulations;
- Use manual or automated software, devices, scripts, robots, backdoors or any other means or process to access, “scrape”, “crawl”, or “spider” any pages contained in the Websites or Services, introducing viruses, worms, or any software intended to damage or alter a computer system or data, interfering with, disrupting or creating an undue burden on servers or networks connected to the Website or Services or violate the regulations, policies, or procedures of such networks, attempting to gain unauthorized access to the Website or Services, other computer systems or networks connected to or used together with the Website or Services, through password mining or other means;
- Use the Website or Service for any commercial purpose or other purposes that are not expressly permitted by these Terms or in a manner which falsely implies or states endorsement by Kouzina, a partnership with Kouzina or misleads others as to your affiliation with Kouzina;
- Tarnish, or harm the Kouzina brand in any way, including through unauthorized use of User Content and content owned by Kouzina, registering and/or using Kouzina derivative terms in domain names, trademarks, trade names or other source identifiers that imitate closely or are confusingly similar to Kouzina domains, trademarks, taglines, promotional campaigns and Kouzina Content;
- Store, copy or otherwise access and/or use any information contained on the Website and/or Services for purposes not expressly permitted by these Terms;
- infringe the rights of Kouzina or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- use the Website and/or Services to distribute, post, transmit or submit any information regarding or concerning any other person or entity, including but not limited to, photographs of others without their express written consent, personal contact information or credit card, debit card or account numbers;
- use our Website and/or Services to distribute spam (unsolicited commercial email), advertisements, or inquiries unrelated to the Ordering of Offerings on Kouzina.ca;
- Offer, as a Cook, any Offering which you did not prepare yourself or which you do not have a license or permission to sell;
- Register for more than one Kouzina account, or register for a Kouzina account on behalf of an individual or entity other than yourself;
- Order any Offerings for which you will not be picking up yourself, transactions are to be carried out in their entirety by the User which places the Order, including but not limited to communication, payment, Pick Up and review regarding a Posting and Offering.
- Contact another User for any purpose other than inquiring about a Posting or Offering;
- Recruit or solicit any User to join third party services, applications or websites, including but not limited to, those which are competitors to Kouzina, are unrelated to a transaction being carried out, or infringe on these Terms;
- Impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, or provide misleading information;
- Collect information from or otherwise interact with the Website and/or Services through the use of automated scripts;
- Use the Website and or Services to find a Cook, Patron, or Offering and then complete an Order and transaction independent of the Website and/or Services for the purpose of evading the obligatory Service Fees related to the services provided by Kouzina or for any other reason;
- As a Cook, include false or misleading information regarding your Offering including false listing parameters, price information, Pick Up Time, duration and location, photos or videos that are not of the dish as prepared by the Cook, or information that is deemed misleading and not representative of the Offering in actuality;
- Upload, post, publish, submit or transmit any User Content that (1) infringes, misappropriates or violates a third party’s copyright, patent, trademark, trade secret, moral right, or other intellectual property rights or rights of publicity or privacy; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) is false, fraudulent, misleading (either directly or through failure to update information) or deceptive; (4) is obscene, pornographic, defamatory, vulgar or offensive; (5) promotes discrimination, racism, hatred, bigotry, harassment or harm against any individual, group or entity; (6) is threatening, violent or promotes violence or actions that are threatening to any other person, group or entity; (7) promotes illegal or harmful activities or substances
- Engage in inappropriate, abusive, harassing or illegal behavior in any area or aspect of the Website and/or Services, both online and offline;
- Retrieve systematically, data or other content from our Website and/or service to create or compile, directly or indirectly, in single or multiple downloads or extractions, a collection, compilation, database, directory or the like, whether through the use of bots, crawlers, spiders or otherwise or by manual methods;
- Use, display, mirror or frame the Website and/or Services or Kouzina Content, or any individual element within the Website and/or Service, Kouzina’s name, any Kouzina trademark, logo, catchphrase or other proprietary information, or the layout and design of any page or form contained on a page in the Website and/or Service, without Kouzina’s express written consent;.
- Access, alter, tamper with or use any areas of the Website and/or Service which are non-public, the Website and/or Services computer systems or the technical delivery systems of Kouzina’s providers;
- Attempt to scan, probe or test the vulnerability of any Kouzina system or network or breach any security or authentication measures;
- Bypass, avoid, deactivate, remove, impair, descramble or otherwise circumvent any measure implemented by Kouzina or any affiliates or any other third parties including another User, to protect the Website and/or Services and Kouzina Content;
- Create any TCP/IP packet header or any part of the information contained in the header in any email or posting or in any way use the Website and/or Services to send falsified, altered, deceptive or false-source identifying information;
- Attempt to reverse engineer, deconstruct, decompile or decipher any software used to maintain and provide the Website and/or Services; or
- Assist, advocate or encourage any third party or other Users in doing any of the aforementioned.
Kouzina reserves the right (but has no obligation) to monitor or review the Website, Services and/or User Content and Accounts at any time, investigate, prosecute, and/or take action against you in our sole discretion as deemed appropriate (including removing, modifying your User Content, terminating your account and/or reporting you to law enforcement authorities) if you violate the Fair Use Policy, any of these Terms, any applicable law, or otherwise create liability for us or any other User, Guest or person.
Website and Services
License and Use: Subject to your compliance with these Terms, Kouzina grants you a limited, non-exclusive, non-transferable license to use the Website and Services for your personal use. The rights granted to you in this section are subject to the following restrictions: (1) you will not license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Website and/or Services; (2) you will not access and/or use the site for the purpose of building or promoting a similar or competitive service, website, or application; (3) except as expressly stated within these Terms, no part of the Website and/or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (4) any and all other provisions stated in these Terms. A single Account may be utilized to act as both a Cook and a Patron, Users are governed by the Terms and their specific provisions as they apply to their role as per each transaction (whether as a Cook or Patron). The role of Cook or Patron will be determined on an individual transaction basis and may vary from transaction to transaction. Any future release, update, or other addition to functionality of the Website and/or Services will be subject to the Terms. All copyright and other proprietary notices on any Website and/or Services content must be retained on all copies thereof. Kouzina makes no representation that the Website and/or Services are appropriate for use in locations other than Canada. You have no right to sublicense the license rights granted in this section.
Ownership: Except with respect to your User Content (as defined above), you acknowledge and agree that (1) the Website and Services are and will remain the sole property of Kouzina, and (2) Kouzina owns all rights, title and interest, including all related intellectual property rights, in and to the Website and Services. The Kouzina name, logo and other property and names associated with the Website and/or Services belong solely to Kouzina (and may be licensed out at our sole discretion), and no right or license is granted to use them by implication, estoppel or otherwise. Kouzina reserves all rights not granted in these Terms.
In the event that Kouzina decides to offer an Update, you agree that Kouzina may amend these Terms in connection with such Update without specific notice to you other than a written notification upon Order checkout, which must be reviewed and agreed to by checking off a box confirming both a thorough review and understanding of the modified Terms as well as an agreement to follow such updated Terms. You further agree that your use of the Website and/or Services following such Update is conditioned upon your acceptance of any modified Terms. By using the Website and/or Services following an Update, you agree that you have reviewed the updated version of the Terms and agree to use the Website and/or Services in accordance with the Terms and agree to be bound by such Terms. Your continued access or use of the Website and/or Services will constitute acceptance of the modified Terms. Changes to these Terms will be effective at the time of posting.
Website Maintenance and Updates:
Kouzina provides the Website and Services on an “as-is” basis. You agree that Kouzina is not required or obligated to create or provide any maintenance, support, updates, corrections, upgrades, bug fixes, and/or enhancements of the Website and/or Services (each an “Update”). In the event that Kouzina decides to offer an Update, you agree that Kouzina may amend these Terms in connection with such Update without specific notice to you other than a written notification upon Order checkout, which must be reviewed and agreed to by checking off a box confirming both a thorough review and understanding of the modified Terms as well as an agreement to follow such updated Terms. You further agree that your use of the Website and/or Services following such Update is conditioned upon your acceptance of any modified Terms. By using the Website and/or Services following an Update, you agree that you have reviewed the updated version of the Terms and agree to use the Website and/or Services in accordance with the Terms and agree to be bound by such Terms. Your continued access or use of the Website and/or Services will constitute acceptance of the modified Terms. We will also update the “Last Updated” date at the top of these Terms. Changes to these Terms will be effective at the time of posting.
We welcome and encourage you to provide feedback, comments, proposals and/or suggestions for improvements to the Website and/or Services (“Feedback”). You acknowledge and agree that submission of any and all Feedback will be the sole and exclusive property of Kouzina and you hereby irrevocably grant to Kouzina a royalty-free, fully paid, perpetual, irrevocable and fully-sublicenseable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of and otherwise commercially and/or non-commercially exploit in any manner it deems appropriate any and all Feedback, and all of your right, title, and interest in and to all Feedback, including but not limited to all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral right you may have in such Feedback.
Compensation for Offerings: The Website and/or Services allow Cooks to connect with and provide Offerings to Patrons. Each Cook is solely responsible for all out-of-pocket costs related to each of their Offerings, and as such, the Website enables Cooks to set a price per-serving for their Offering (“Single Serving Price”), that is determined at the Cook’s discretion. Each Patron agrees to pay the Single Serving Price for each serving ordered upon Ordering, prior to the Pick Up of the Offering. By placing an Order, you agree that your payment card or other payment methods may be charged for the full amount of the Single Serving Price multiplied by the number of Servings Ordered (“Total Servings Price”) prior to Pick Up. A portion of your Total Servings Price may be remitted to cover any Kouzina fees and/or third party payment processor fees (“Service Fees”), with the remainder to the Cook of which the Offering was Ordered. Total Servings Prices and/or Service Fees are non-refundable. Access to, control of, and/or the visibility of any funds, Total Servings Price, or compensation are controlled by your financial service provider, and Kouzina’s third party payment processor (Paypal); time taken for compensation to become available, visible and/or accessible to you is not governed by Kouzina and Kouzina is not responsible or liable for any delay, discrepancy, loss of funds or the overall accuracy of funds received or paid as a result of a Kouzina Order.
Kouzina Fees: General use of the Website, including creating an Account, searching for, viewing, and/or Posting Offerings are free. Kouzina does charge a fee to Cooks to use the Services. The fees charged by Kouzina (not including any applicable third party payment processor fees) are currently 12% of all sales revenue, which we may change at any time for any reason. Changes to the fee as set by Kouzina are effective following a notice of no less than 30 days, notice will be given in the form of electronic communication (including but not limited to email) and/or posting the changes to the Website. Kouzina may elect to temporarily change the fees, waive the fees, or offer a discounts for the Services, promotional event or new services (“Discounted Fees”) without notice. Discounted Fees may be subject to additional terms and conditions.
Cancellations and Refunds:
If, as a Patron you wish to cancel an Order made via the Website and/or Services, you may do so and request a refund from the Cook using the contact feature provided on the Website. Cooks are not obligated to refund the Total Servings Price and/or Service Fees if the cancellation is made less than 24 hours prior to the Pick Up Time. In the case that a cancellation is requested less than 24 hours prior to the Pick Up Time, the decision for the cancellation of the Order and the remittance of the Total Servings Price is determined at the discretion of the Cook. Service Fees are non-refundable to either the Cook or the Patron.
If a Cook cancels an Order made via the Website and/or Services, they may do so by notifying any and all Patrons that Ordered an Offering by using the contact feature provided on the Website and remitting the Total Servings Price to each Patron through the payment feature on the Website. In the case of a cancellation of any or all Orders by a Cook, the Cook is responsible for remitting the entire amount of the Total Servings Price to each and every Patron that placed an Order, even if the amount originally collected by the Cook is less than the Total Servings Price due to any non-refundable Service Fees.
Orders are placed and arranged between the Cooks and Patrons, Kouzina has no control over the ability of Cooks to fulfil Orders and does not guarantee the fulfillment of any and all Orders. Kouzina is not responsible or liable for any losses, damages or expenses incurred due to an Order cancellation.
Payment Information: Any and all payment information that you provide in connection with the Website and Services must be accurate, complete and current. By placing an Order, you authorize your payment card and/or method to be charged in accordance to these Terms. You represent and warrant that you have the legal right to use any payment card(s) or other method of payment means used to pay any Total Servings Price and/or any Service Fees. You are responsible for paying any applicable taxes relating to your payments and/or received payments and will indemnify and hold harmless Kouzina from any and all taxes, including sales tax, based on any payments made and/or received by you in connection with the Website and/or Services. Kouzina does not collect or withhold taxes from any transaction made by you using the Website and/or Services on your behalf. Compliance with tax law and/or regulation is your responsibility. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements, and remitting to the appropriate governmental agencies, department or authorities, any tax owed received by you. Kouzina cannot and does not offer tax-related advice to any Users.
Payment Disputes: All payments are processed through PayPal. Kouzina does not have any ability to cause PayPal to issue a refund in connection with any Order. If a Cook fails to issue a refund to a Patron, whether as a result of Order cancellation or other dispute over the Order, the Patron must use PayPal’s dispute process. Kounzia has no responsibility to resolve payment disputes and no liability whatsoever in the event that a payment is not refunded to the satisfaction of a Patron.
If you choose to use the Website and/or Services, you do so at your sole risk. All Users, including but not limited to Cooks and Patrons are solely responsible for compliance with all applicable laws, by-laws, regulations, local ordinances and requirements, including without limitation, obtaining necessary permits and/or licenses, including business licenses, alcohol licenses and any other applicable license, compliance with zoning ordinances, fire codes and any required applicable health and safety rules, regulations or inspections (collectively, “Regulations”), collection and payment of applicable taxes and/or other payments that may be applicable to Orders. Kouzina makes no representation relating to and does not offer any advice, recommendation, or opinion regarding the legality of, tax implication and liabilities of any permits, licenses or other consents that may be required and/or necessary to provide any Offering. For any questions or concerns you may have regarding laws or regulations applicable to providing Offerings, you should consult your own legal counsel. You further acknowledge and agree that you, as a Cook are solely responsible for your Offerings and Postings and agree to indemnify, defend, and hold harmless Kouzina from any claims, suits, losses, damages, costs and expenses (including legal and/or attorney’s fees) relating to or arising from your Offerings and/or Postings, including any violation of any Regulation, or other taxes and payments which may be applicable to your Offering and/or Posting.
The Website and/or Services, including the Offerings, are provided “as-is” without warranty of any kind, either expressed or implied. Without limiting the foregoing, Kouzina explicitly disclaims any warranty of satisfactory quality, suitable fitness for a particular purpose, merchantability or non-infringement and any warranties arising out of course or usage of the Website and/or Services. Kouzina makes no warranty that the Website and/or Services, including but not limited to the Postings and Offerings, will meet any requirements, or be available on an uninterrupted, secure and /or error-free basis. Kouzina makes no warranty regarding the quality, safety or contents of any Offering, or the truthfulness, accuracy, completeness, reliability, or timeliness of any content including but not limited to User Content, Kouzina owned content or any content accessed through the Website and/or Services.
You are solely responsible for any and all of your communications, interactions, dealings, and transactions with other Users of the Website and/or Services and with other persons or entities with whom you communicate and/or deal with as a result of your use of the Website and/or Services including but not limited to Cooks and Patrons. You acknowledge and agree that Kouzina does not make any attempt to verify or confirm the identities and/or statements of Users of the Website and/or Services. We do not investigate any User’s conduct, morality, reputation, criminal background or verify the information submitted by Users to the Website and/or Services. Kouzina does not represent or provide any warranties regarding the conduct of Users of the Website and/or Services or their compatibility with any current or future Users of the Website and/or Services. You acknowledge and agree to take reasonable precautions in all interactions, communications, and dealings with other Users or Guests of the Website and/or Services and with any other person or entity with whom you communicate, interact or deal with as a result of your use of the Website and/or Services including but not limited to Cooks and Patrons, particularly if you decide to meet and/or deal offline or in person regardless of whether such meeting or deal is organized utilizing the Website and/or Services. Kouzina explicitly disclaims all liability for any act or omission of any Cook, Patron, Guest or third party. Kouzina does not endorse any User who registers for the Website and/or Services, including but not limited to Cooks and Patrons. You are solely responsible for determining the identity and suitability of others (including but not limited to Users and Guests) whom you may contact or who may contact you by means of the features of the Website and/or Services. Kouzina encourages you to utilize the features of the Website and/or Services to communicate directly with other Users and review Cooks from which you have Ordered Offerings. You may want to consider using a third-party service that may assist in the verification of Users.
Limitations and Release of Liability:
You acknowledge and agree that to the maximum extent permitted by the law, the entire risk arising out of your access to and use of the Website and/or Services, your purchase or Posting of any Offering via the Website and/or Services and any contact you have with other Users of Kouzina whether in person or online remains with you. Neither Kouzina nor any other party involved in creating, producing, maintaining or delivering the Website and/or Services including but not limited to any of Kouzina’s agents, officers, directors, or other representatives 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 Website and/or Services, from any interactions, communications, meetings or dealings with other Users or Guests of the Website and/or Services or other persons with whom you interact, communicate or deal with as a result of your use of the Website and/or Services, the purchasing, Ordering, consumption or selling of Offerings, inquiring of any Postings via the Website and/or Services, whether based on negligence, contract, warranty, tort, product liability or any other legal theory and whether or not Kouzina has been informed of the possibility of such damage. Furthermore, to the extent permitted under applicable laws, you hereby release Kouzina from any liability related to: (1) any incorrect or inaccurate content posted on or contained within the Website and/or Services, whether caused by and/or owned by us or any Users of the Website and/or Services; (2) the conduct, behavior, or actions of any Cooks or Patrons, both online and/or offline; (3) any injury, loss or damages caused by another User, a Posting, an Order, the consumption of an Offering, User Content or Kouzina owned Content posted on or accessed through the Website and/or Services, whether online or offline; and (4) any omission, interruption, error, deletion, defect, delay in the output, operation, or transmission, communications failure theft or destruction or unauthorized access to, or alteration of the communication aspect of Services. If at any time you become dissatisfied in any way with the Website and/or Services or these Terms, your sole and exclusive remedy is to cease access and use of the Website and Services. Nevertheless, anything to the contrary contained in this document, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to one-hundred Canadian dollars ($100). The existence or formation of more than one claim will not enlarge this limit. The limitations of damages set forth above are fundamental elements of the basis of bargain between Kouzina and you.
You agree to release, indemnify, defend and hold Kouzina and its affiliates and subsidiaries and their officers, directors, employees and agents harmless from and against any claims, damages, liabilities, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way associated or in connection with: (1) your access to and use of the Website and/or Services or your violation of these Terms; (2) your User Content; (3) your (i) interaction, communication or dealing with any User, (ii) Ordering of an Offering, (iii) Pick Up of an Ordered Offering, or (iv) creation of a Posting for any purpose, including, but not limited to the Posting of an Offering; (4) the Ordering, Pick Up or consumption and/or use of an Offering by you, including but not limited to any injuries, ailments, losses or damages (direct, compensatory, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of an Offering and/or Posting or use and/or consumption of an Offering (by you or anyone that you provide the Offering to or share the Offering with); (5) your violation of any rights of another party, including any Users; (6) your violation of any applicable laws, regulations or rules. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access and/or use of the Website and/or Services.
Term and Termination:
Subject to this section, these Terms will remain in full effect to their full extent while you access and/or use the Website and/or Services. You may terminate these Terms by cancelling your account at any time, for any reason, by following the instructions on the Website. Kouzina reserves the right to suspend your rights to use the Website and/or Services and/or suspend, disable, or delete your Account (or any part thereof) at any time for any reason as determined at our sole discretion. Upon termination of these Terms, your Account and right to access and use the Website and/or Services will terminate immediately. You acknowledge and agree that any termination of your account may result in the deletion of your associated User Content from our Website and/or Services and/or databases; however, we reserve the right to continue to use your User Content. Kouzina will not be held liable whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. All provisions of these Terms that reasonably should survive termination of your Account (either by you or by us) and/or of these Terms, including, without limitation, warranty disclaimers, limitations of liability and ownership provisions, will survive and remain in effect.
Any notices or other communications permitted or required under the terms of this document, including those regarding changes or modifications made to these Terms, will be in writing and given by Kouzina (1) via an electronic communication or (2) by posting to the Website and/or Services. For notices made via electronic communication, the date sent will be deemed the date on which such notice is transmitted.
Controlling Laws/ General:
These Terms and your access and use of the Website and/or Services will be interpreted in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Kouzina agree to submit to the jurisdiction of the courts of the Province of Ontario.
These Terms constitute the entire agreement between you and Kouzina, and supersedes all prior and contemporaneous discussions between the parties with respect to the subject matter of this document. If any of these terms are found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall survive and remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent of the law. If we do not enforce any particular provision, we are not waiving our rights to do so later.