COZYMEAL CANADA INC.
(Last revised on February 18, 2020)
The website located at www.cozymeal.com (the “Website”) is a copyrighted work belonging to Cozymeal Canada Inc. (“Cozymeal”, “us”, “our”, and “we”). The Website provides a way for people to connect with local professional Vendors outside of a restaurant setting, through cooking classes, meals, and culinary tours, guests experience personal and alternative culinary experiences (collectively the “Services”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
If you are using our website on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless also individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT create an account on Cozymeal or click “SIGN UP” or “ SIGN UP NOW” and do not access, view, download or otherwise use any our website webpage, information or services
Changes to the Terms and Condition
Occasionally we may make changes to the these Terms and Conditions for valid reasons, such as improving the existing functions or features or adding new functions or features to the our Website, implementing advancements in science and technology, and reasonable technical adjustments to the Services, ensuring the operability or the security of the Services, and for legal or regulatory reasons. When we make material changes to the Terms and Conditions, we will provide you with notice as appropriate under the circumstances., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.
1. HOW COZYMEAL WORKS
The Cozymeal Website is a social scheduling platform that connects professional chefs, caterers, food operators and others who wish to host meals and other food events, such as dinner parties, cooking classes and culinary tours (each, VendorVendora “Vendor” or “Vendors”) with users who enjoy attending and participating in such food events (each, a “Guest” or “Guests”, collectively with Vendor“Vendor” referred to as “User” or “Users”). VendorVendors create online profiles which feature their food preferences, meals they enjoy cooking, ingredients used, dates and menus for their upcoming food events and photos of previous and planned meals.
Vendors may choose to host their own events or to cater the private events of their Guests (each, an “Event”). In the event a Vendor chooses to host an Event, the Vendor will create and post a menu of the meal to be served, and the date and time of the Event. If a Guest decides they want to attend the Vendor’s Event, the Guest can request a reservation to attend the Vendor’s Event. Upon acceptance of such reservation by the Vendor (such reserved Event, a “Booked Event”), Cozymeal will make available to the Guest, the necessary information for attendance of the Event and charge the Guest’s Member Account (as defined below) in accordance with Section 4 below.
In the event a Vendor chooses to cater a private event at a location designated by a Guest (a “Private Event”), the Guest will provide the Vendor certain information about the desired Private Event, such as the date of the proposed Private Event, number of people who will attend, and any dietary restrictions. If a Vendor decides that they are willing to host the proposed Private Event, the Vendor will designate a fee for such Private Event. Upon acceptance of the proposed terms of the Private Event, including the applicable fees, by the Guest, Cozymeal will charge the Guest’s Member Account, at which time the Private Event will be deemed a Booked Event.
. The website acts as a third-party venue in connecting Vendors and Guests to one another and provides the means for the Vendors and Guests to plan for Events. You as a User, acknowledge and agree that Cozymeal is not a party to any agreement and /or arrangement made between the Guests and Vendors. As a result, any part of an actual or potential transaction between a Vendor and Guest, including the quality of the meal, ingredients used, food prepared, menu served, safety and condition of the venue provided, and the truth or accuracy of any Event listings (including the content thereof or any ratings and reviews) are solely the responsibility of each user.
2. MEMBER ACCOUNTS
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password for the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
You may not use the Member Account which does not belong to you without first seeking permission from the account holder and second to notify us immediately of such use. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. YOUR USE OF THE WEBSITE
Subject to these Terms, you are granted a limited license to (a) use Website and the functionality provided by the Website to upload, store, display, aggregate, organize, and share your photographs, descriptions, reviews, ratings, comments and other material (“Content”), (b) to copy, display, and use the functionality, materials, features, and services provided by the Website (collectively the “Materials” and as further defined in Section 7) solely for your personal, non-commercial use, and (c) share, copy and display any photographs, artwork, and illustrations appearing on the Cozymeal Website, provided your use is for your personal non-commercial use and you attribute the work to Cozymeal. The design and layout of the Website are specifically excluded from the Materials.
4. EVENT FEES & REFUNDS
(a) Guest Payments. Each Guest will pay the fees for each Event (the “Fee Payable”) in advance and at the time of booking. By reserving admission to an Event, you agree to that your payment card or other payment means may be charged for the full amount of the Fee Payable prior to the Event. In an event additional guests are to attend a Booked Event after the Fee Payable has been processed, the Guest may:
a) Contact us directly to notify us of the additional guests; the Fee Payable will then be updated and processed accordingly;
b) Contact the Vendor directly and notify the Vendor of the additional guests; the Vendor then shall notify us of the additional guests and Fee Payable will be updated and processed accordingly;
c) Attend the party without prior notice with additional guests after which the Vendor shall notify us of the additional guests in attendance. We will then contact the Guest to confirm they have attended the Booked Event with additional guests and upon confirmation the Fee Payable will be updated and processed accordingly.
(b) Vendor Compensation. If you are a Vendor, following the Event Cozymeal will remit the total amount of the Fee Payable it has collected from each Guest for that Event, less Cozymeal’s Commission (as described in your Member Account profile page) and Rental Fees (as described in Section 4(f) below), if any.
(c) Payment information and pricing. Event prices listed on the Website from Vendor in Canada are in Canadian dollars; Event prices listed on the Website from a Vendor in the United States are in United States dollars. Good prices may not include applicable tax and other charges. Taxes and other charges may be added at checkout and will be payable by you as part of the “Fee Payable”.
Fee Payable will be processed through card payment or other payment means. For card payments, Cozymeal uses the third-party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion.
You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE PAYABLE.
You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Cozymeal from any and all taxes, including sales tax, based on any payments made by you via the Website. Cozymeal does not make any representation or render any advice as to the potential tax implications of any payments made via the Website, or Event, and you should consult your tax professional with regards to the same.
We encourage Vendors to confirm all purchases and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the Vendor does not confirm your purchase. Vendor's may have the discretion to not confirm Orders. If you have paid for the Services with your card, Cozymeal will provide you with a refund of the price of your purchase after communicating to you the non- confirmation or cancellation of your Order by the Vendor.
(d) Cancellation Fees. If you, as a Guest, cancel your Booked Event:
• Up to 48 hours before the scheduled time of the Event (the “Start Time”), you will receive a full refund;
• Less than 48 hours of the Start Time, you will not receive any refund.
(e) Cozymeal Fees. Joining the Website, creating a user profile and creating and searching for Events is free. If you are a Vendor, however Cozymeal does, charge a commission (as described in Section 4(b)) for any payments made via the Cozymeal service, which are listed in your profile page available via your Member Account. Cozymeal may choose to temporarily change the fees or offer discounts for our services for promotional events or new services (“Cozymeal Discounts”), which may be subject to additional terms and conditions (“Additional Terms”). If there are any conflicts between these Terms and Conditions and Additional Terms, the provisions of the Additional Terms shall prevail in reference to Cozymeal Discounts. Before you participate in any Cozymeal Discount, you should always read the Additional Terms.
(f) Event Location and Rental Fees. Vendors may book Event locations through Cozymeal in the event you, as a Vendor, cannot find a suitable location. In the event, you, as a Vendor, book an Event location and/or supplies (e.g. chairs, dishes, pans, etc.) through Cozymeal, Cozymeal will deduct the costs incurred by Cozymeal in reserving the location and supplies, plus Cozymeal’s Service Fee (“Rental Fees”) from the Fee Payable paid by the Guests of such Event. In the event the Rental Fees are in excess of the Fee Payable, you, as the Vendor, agree to reimburse Cozymeal for all Rental Fees in excess of the Fee Payable.
(g) Refunds. Cozymeal’s third party payment processor will hold all pre-paid amounts in escrow up until twenty four hours after the scheduled end-time for such Event, at which time the pre-paid amount will be paid out to the Vendor in accordance with this Section 4. In the event you, as a Guest, are dissatisfied with any Event that you actually attend, you may submit a complaint within 24 hours of the scheduled end-time of the applicable Event to Cozymeal’s customer service department by emailing Cozymeal at email@example.com. Please include in your email: your name, contact information, the date and time of the Event you attended, and a description of your complaint. .
Cozymeal reserves the right, in its sole discretion, to issue refunds, and may withhold fees payable to Vendors in an event of a complaint.
Notwithstanding the above, in the event any Booked Event is cancelled prior to the scheduled date and time, you will be refunded all amounts prepaid by you in connection with such event.
YOU ACKNOWLEDGE AND AGREE that your DISSATISFACTION WITH THE TASTE OF ANY MEAL PROVIDED DURING, OR OVERALL ENJOYMENT OF, ANY EVENT IS NOT, BY ITSELF, SUFFICIENT GROUNDS TO RECEIVE A REFUND.
(i) Non-Circumvention. In order for Cozymeal to keep bringing you our services, it is imperative that our users understand and agree that we depend on our users complying with the spirit of these Terms. In particular, we require that all of our Guests and Vendors make any payments due between them, through our platform. As such, you acknowledge and agree that you will pay all fees due or owed to any Vendor or Guest in connection with any Event booked or otherwise arranged using our services, through our Website
and that you will not pay any other user directly any fees associated with any such Event, or otherwise circumvent the payment process hereunder.
5. GIFT CARDS
(a) Purchasing and Redemption.
- You further certify and represent to Cozymeal that the activities in connection with which the Gift Cards will be used will comply with these GC Terms and Conditions and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Cozymeal, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Cozymeal-related entity.
- A Member account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Website account at the time of receiving the email, they will be prompted to create a Website account in order to redeem the Gift Card. A Website account is required in order to redeem a Gift Card.
- You may purchase Gift Cards for any value of $10 and more. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a pre-determined dollar amount is awarded with additional Website credits (“ Cozymeal Credits”), these Cozymeal Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances Cozymeal Credits shall be used only after the exhaustion of Gift Cards.
- Gift Cards may only be redeemed toward the purchase of eligible products on the Website. Redemption of Gift Cards on the Website is subject to change in Cozymeal’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient's Cozymeal account (“Cozymeal Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by Cozymeal.
- You may be able to obtain your gift card balance by contacting Cozymeal customer service at firstname.lastname@example.org. The Gift Card balance relayed to you by a Cozymeal customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
- Gift Cards never expire.
(b) Use and Limitations.
- Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia, and may only be used on the Website (www.cozymeal.com). Gift Cards cannot be used to purchase other gift cards.
- Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Card balances in a Website account may not be transferred.
- Gift Cards are not returnable or refundable for cash except in states where required by law.
- Gift Cards may not be sold or bartered to third parties.
- Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Cozymeal's prior written approval.
- Use of Cozymeal's name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Cozymeal Gift Cards is strictly prohibited. Furthermore, the use of Cozymeal Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Cozymeal or any of its subsidiaries or affiliates is prohibited.
(c) Risk of Loss.
- If your Gift Card is lost or stolen, immediately contact customer service at email@example.com. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Cozymeal. Cozymeal and its affiliates shall have no liability to you for:
- lost or stolen Gift Cards; or
- use of any Gift Cards by third parties through your Website account. You are solely responsible for keeping the username and password for your Website account safe and for any activity conducted under your account.
- Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Cozymeal shall have the right to close member accounts or any related account(s) if Cozymeal suspects a Gift Card is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above Cozymeal shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Cozymeal may also cancel or remove any and all Cozymeal Credits on the member accounts and/or any related account(s). Cozymeal has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
(e) Limitation of Liability.
Cozymeal AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, release, indemnify and hold harmless Cozymeal and its subsidiaries, affiliates, its investors, officers, employees, agents, servants, assignees, and/or any other Cozymeal-related entity from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or your violation of any of these GC Terms and Conditions.
Gift Cards are issued by Cozymeal, Inc.
Cozymeal reserves the right to change or modify these GC Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Card that occur after the Modified Terms take effect. All terms and conditions contained in these GC Terms and Conditions are applicable to the extent permitted by law.
6. MOBILE TEXT MESSAGE SERVICES TERMS
The following terms in this Section 6 apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from Cozymeal, or (2) sends us messages via SMS or MMS.
When you sign up for Cozymeal’s text alert program you are expressly consenting to receive text messages on behalf of Cozymeal, containing information about Events you have created on the Website or have requested a reservation to attend, in the following manner (the “Text Services”):
• If you are a Vendor you will receive a text message notifying you each time: (a) a potential Guest requests a reservation to attend one of your Events; and (b) you receive a message in your Member Account regarding your Event.
• If you are a Guest or potential Guest, you will receive a text message notifying you each time: (a) a Vendor responds to one of your Event reservation requests, and (b) you receive a message in your Member Account regarding any Event (including Booked Events) you have requested a reservation to attend.
You may opt out of the Text Services at any time by texting the word STOP to +1 (415) 423-2699 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Cozymeal regarding the Events you host and/or plan to attend. If you need help with our Text Services, text the word HELP to +1 (415) 423-2699 or call +1 800-369-0157.
We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of the Text Services.
The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.
7. REFER A FRIEND
Users may encourage other friends to host Events and/or make Booked Events (a “Referral”) in exchange for certain discounts or similar promotions disclosed on the Website (collectively, “Promotions”); however, you are not allowed to offer any individual any form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize in furtherance of receiving a Referral. Promotions may be governed by specific rules that are separate from these Terms. By participating in such Promotions you will become subject to those rules, which may vary from the terms and conditions set forth herein. Cozymeal urges you to review any specific rules applicable to a particular Promotion, which will be linked for such Promotion. To the extent that the terms and conditions of such Promotions conflict with these Terms, the terms and conditions of such Promotion shall prevail. If you are determined by Cozymeal and/or its representative to be engaging in such behavior and/or to be violating the letter and/or spirit of these Terms (as determined by Cozymeal in its sole and absolute discretion), Cozymeal will immediately terminate these Terms and your Member Account.
The “Refer a Friend” feature automatically generates emails on your behalf as a convenience. By sending a Referral, you are directing Cozymeal to send an email on your behalf from the email address you provided during registration. Users may not send SPAM (send unsolicited emails to persons they do not know) in order to generate Referrals. By using the “Refer a Friend” feature and/or by sending a Referral, you agree that you are solely responsible for all Referrals you send via the Website, and will indemnify and hold Cozymeal harmless for any liabilities, judgments, settlements, claims, losses, costs or expenses (including reasonable attorneys’ fees) for any third party claims arising from or related to any Referrals sent from the email address you provided during registration.
8. INTELLECTUAL PROPERTY OWNERSHIP
(a) Except for your content (herein referred to as “Content”), all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by Cozymeal and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Cozymeal and you, all right, title and interest in and to the Materials will at all times remain with Cozymeal and/or its Owners. The word “Cozymeal,” the Cozymeal logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Cozymeal. All Content is the sole responsibility of the user who provided it and is stored upon Cozymeal’s servers and/or system solely at the direction of such user. Cozymeal reserves all other rights. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Cozymeal’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Cozymeal may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
(b) You retain ownership of your Content, and you hereby grant (1) Cozymeal and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website), and (2) users of the Website a limited, revocable, non-exclusive, royalty-free, fully paid-up right to reproduce, distribute and publicly display your Content, provided such users give attribution and use your Content solely for their personal, non-commercial purposes. For the avoidance of doubt, you agree that your sole compensation with regards to Cozymeal’s use of your Content, including for its own promotional purposes, is your use of the Website in accordance with these Terms, and that you shall not be entitled to any other form of compensation in relation thereto. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by Cozymeal and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Cozymeal. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you have the written consent, release, and permission of each and every identifiable person included in your Content to use the name or likeness of such persons and to authorize Cozymeal to store, copy, display or otherwise distribute such person(s) name and likeness in connection with the Website.
(c) By using the Website, you hereby grant Cozymeal and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, , and likeness (your “ Image”), solely in connection with the Website (including without limitation for the purposes of promoting the Website), provided, however, Cozymeal shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or Cozymeal.
9. LIMITED USE; RESTRICTIONS ON USE
10. ACCEPTABLE USE
Your use of the Website is conditioned upon your compliance with the following rules (““Restrictions”):
(a) You shall not upload to, transmit through, or display via the Website any Content that: (i) that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) makes any statement, express or implied, that you are endorsed by Cozymeal; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) discloses the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, health information, Social Security numbers and credit/debit card numbers; or (viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Cozymeal, any of its officers, directors, or employees, or other users to any harm or liability of any type.
(b) You shall not use the Website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
(c) You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at http://www.Cozymeal.com or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. Cozymeal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cozymeal expressly disclaims any and all liability in connection with User Content. Cozymeal does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Cozymeal reserves the right to remove Content without prior notice and/or to terminate a User's access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice. Cozymeal also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.
(d) The Website allows users to post reviews, ratings and comments about Events, Vendors and Guests (collectively, “Reviews”). Cozymeal shall have the right, but not the obligation to monitor or review any Reviews at any time for any readily apparent violation of these Terms, including for the purpose of identifying and rejecting Reviews which violate Section 10(a). Notwithstanding the foregoing, you acknowledge that Cozymeal is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. The Website enables you to publish, store, reproduce and perform Reviews and you are solely responsible for any content, opinion, statement, recommendation or advice contained therein. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Cozymeal reserves the right to refuse to post or remove any material submitted or posted in any Review.
(e) For safety, all written communications must be conducted via the Website.
(a) By using the Website or attending any Event, you agree to, and at all times during the Event will, comply with the Cozymeal’s code of conduct (the “Code of Conduct”) available here and below. In the event you invite or otherwise bring any guests or other parties with you to any Event (“Your Guests”), you agree that you will notify, and make Your Guests aware of the Code of Conduct and these Terms and Conditions. You acknowledge and agree that you will be responsible for and will ensure that Your Guests, at all times, during any Event, comply with the Code of Conduct. You further acknowledge and agree that you, not the Cozymeal, will be fully responsible and liable for all acts and omissions of Your Guests during any Event. As such you agree to indemnify, defend and hold harmless the Cozymeal, its affiliates, and its and their officers, directors, employees, and agents (the “Released Parties”) from and against from any demand, claim, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your and/or Your Guests’ alleged (i) breach or violation of any covenant, obligation or terms and conditions in these Terms or the Code of Conduct, (ii) negligence of misconduct, and/or (iii) violation of any applicable law while in attendance of any Event. You further agree to indemnify, defend and hold harmless the Released Parties from and against any Claim made by Your Guest(s) arising out of or in connection with any Event, including any losses, personal injuries, death, or any other occurrence or event whatsoever. Notwithstanding the foregoing, you shall have no indemnification obligation under this Section 11 with respect to any Claims based upon or arising in whole or in part from the gross negligence or willful misconduct of the Cozymeal.
(b) From time to time, Cozymeal’s own employees may attend the Events hosted by our own members. If a Cozymeal employees has enjoyed their experience while in attendance of a Vendor’s Event, Cozymeal may display the “Cozymeal Verified” name and logo next to the Vendor’s name on their profile page (a “Cozymeal Verified Vendor”). Verification simply denotes an overall positive experience by a Cozymeal employee while in attendance of one of such Vendor’s Events. Verification of any Vendor in the manner contemplated herein is in Cozymeal’s sole discretion. You acknowledge and agree that Cozymeal Verified Vendors are individuals, and that Cozymeal has no control, or duty to control or monitor, any Cozymeal Verified Vendor or any of their Events. You acknowledge that your experience at any Cozymeal Verified Vendor’s Event may be different from the experience of Cozymeal. Further, Cozymeal does not endorse any Cozymeal Verified Vendor, nor does Cozymeal make any representation, warranty, covenant, or other claim regarding such Vendor, their Events, or the health and safety of the meals they prepare or the venue they provide.
12. SUBMITTED IDEAS
14. DIGITAL MILLENNIUM COPYRIGHT ACT – Applicable only to US Users
Cozymeal is committed to respecting and protecting the legal rights of copyright owners. As such, Cozymeal adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Cozymeal’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Cozymeal’s Copyright Agent to receive DMCA Takedown Notices is: Cozymeal Legal, email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Cozymeal to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
15.Infringement and reporting User Content
Cozymeal respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Cozymeal copyright policy. If Cozymeal is notified by a copyright holder, by emailing legal@Cozymeal.com, that any Content infringes a copyright, Cozymeal may in its sole discretion remove such Content from the Service, or take other steps that Cozymeal deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Cozymeal with a request to restore the removed content, which Cozymeal may or may not honor, in Cozymeal’s sole discretion.
16. DISCLAIMERS to Vendors/ Vendors
Cozymeal’s Website acts solely as a venue to allow food lovers, and people who enjoy entertaining and participating in Event to connect and meet. Cozymeal makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to host and otherwise provide, any Event. Should you have any questions related to the legality of or consents necessary to host any Event, you should consult your own legal counsel. As such, you agree that you, as a Vendor, are solely responsible for your Events and agree to indemnify, defend and hold harmless Cozymeal from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your Events, including any violation of any applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, alcohol licenses, fire codes, and health and safety inspections, or other taxes and payments which may be applicable to your Events.
We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Vendors. However, it is the Vendorsthat are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility.
17. Disclaimer to Guests
You as a Guest acknowledges that you have disclosed any known food allergies and/or dietary restrictions at the time of purchase. The Vendors reserve the right to substitute or omit any or all dishes served based on said declared allergies. You further agree and acknowledge that certain tours and/or activities provided by Cozymeal or any other third party may not be able to accommodate said allergies/restrictions at every tour stop or at every course of food served at the Booked Event. You acknowledge and understand that no refunds will be issued based on food allergies and/or dietary restrictions. All food is consumed of your free will and you understand the dangers that may be associated with consuming such foods and/or products. Cozymeal does not guarantee that foods do not contain trace amounts or have not come in contact with substances that can provoke or worsen any conditions you may have whether known or unknown. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Vendor directly before booking.
18. General Disclaimer
WITHOUT LIMITING THE FOREGOING, THE MATERIALS AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COZYMEAL HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COZYMEAL, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, COZYMEAL DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COZYMEAL RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
The legal contract for the supply and purchase of Events is between the Guest and the Vendor that is booked. We have no control over the actions or omissions of any Vendor or Guests. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website and Cozymeal Services:
- We do not give any undertaking that the Booked Event from any Vendor through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- We encourage all Vendors to accept all bookings and to communicate any rejection promptly, and we will notify the Guest (generally by email) as soon as reasonably practicable if a Vendor rejects your booking. However, we do not guarantee that Vendors will accept all bookings, and Vendors have the discretion to reject bookings at any time because they are too busy, due to weather conditions or for any other reason.
The foregoing disclaimers do not affect the Guest’s statutory rights against any Vendor.
19. LIMITATION OF LIABILITY -
20. CHOICE OF LAW AND ENFORCEMENT
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of California, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of California.
21.Dispute Resolution and Arbitration
Except to the extent restricted by applicable law, if there is any dispute or controversy between (1)you and (2) Cozymeal or any members of the Cozymeal, including any dispute or controversy arising out of or relating to these Terms of Service, the Website or Cozymeal Services, any interactions or transactions between (1) you and (2) Cozymeal or any members of the Cozymeal,or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the State of California. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us.
Class action waiver- Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of Cozymeal.
Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
Cozymeal may cancel, suspend or block your use of the Website or Service without notice for any reason, at our sole discretion, including if there has been a violation of these Terms. Your right to use the Website will end once your registration is terminated, and any data you have stored on the Website, including any profile information or any information related to Events which you have hosted, unless Cozymeal is required to retain it by law. You may terminate your registration at any time. Cozymeal is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT COZYMEAL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICE. Any limitations on liability that favor Cozymeal will survive the expiration or termination of these Terms for any reason.
Any suspension or termination of Member Account will be in addition to any and all other rights and remedies that Cozymeal may have.”
24. NO ARCHIVE
Notwithstanding anything contained herein, the functionality provided to you by the Website and the Cozymeal’s systems, networks and servers are not an archive and Cozymeal shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website. You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content.
Your affirmative act of using the Website or registering for Member Account constitutes your electronic signature to these Terms and your consent to enter into agreements with Cozymeal electronically. You also agree that Cozymeal may send any notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”) in electronic form to: (1) the e-mail address that you provided during registration, or (2) by posting the Notice on the Website. The delivery of any Notice from is effective when sent by Cozymeal, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Member Account. You must give notice to us in writing via email to email@example.com or as otherwise expressly provided.
Cozymeal Code of Conduct
The purpose of this code of conduct is simple; to ensure the safety, comfort, and enjoyment of each attendee, including yourself and your guests when attending Events.
To ensure that every person attending has a good time, we ask that all members keep the following in mind when on outings:
1. Please keep swearing to a minimum as some may find it offensive.
2. Treat others in attendance with respect, fairness and equality.
3. Use appropriate volume when at an Event (No yelling please)
4. Respect other people’s personal space.
5. Avoid disruptive behavior
6. No Harassment.
7. No Physical intimidation of others.
8. No Malicious gossip.
9. No Unwanted sexual attention.
10. No violent, aggressive or bullying behavior.
All members are asked to respect each other and behave in an appropriate manner during the Events. Members who do not meet these guidelines may receive a warning or have their membership terminated. A full copy of the code of conduct is available on request.
Being a member of the Website comes with a responsibility to yourself, Cozymeal and the attendees of Events. Members should:
- Treat others in attendance at any Event with respect, equality and fairness;
- Behave responsibly during such Events;
- Respect the reasonable requests of those in attendance, such as requests for privacy;
- Follow any reasonable direction or requirement given to them by Cozymeal or Hosts of any Event; and
- Seek to promote an atmosphere that is welcoming and enjoyable for those in attendance at any Event.
Members should avoid using offensive, vulgar and obscene language or behavior, which is likely to make others feel uncomfortable, embarrassed or offended. The following guidelines specify other behaviors that members should avoid as they are inconsistent with the purpose of this Code of Conduct and values of Cozymeal. Any member who does not meet these guidelines may receive a warning or have their membership termination. In addition, intentionally attempting or assisting in these behaviors may be considered as serious as engaging in the behavior. Members must not engage in the following behaviors:
- Abuse/Endangerment or Bullying of a Person: Physically harming, threatening to harm, intentionally or recklessly causing harm to any person or creating a condition that endangers the health and safety of others.
- Sexual Misconduct or Abuse: Attempted or actual unwanted sexual activity and attention, such as sexual touching or fondling, or other unwanted sexual advances. This including the touching of an unwilling person’s intimate body parts or forcing an unwilling person to touch another’s intimate body parts.
- Harassment: Behavior that is sufficiently severe or pervasive so as to threaten an individual or substantially interfere with the individual’s privacy or enjoyment of any Event.
- Disruptive Behavior: Engaging in disorderly, disruptive, lewd or indecent conduct. This item includes but is not limited to: being visibly or noticeably intoxicated, inciting or participating in a riot or group disruption; failing to leave the scene of a riot or group disruption when instructed by officials; disruption of Events or the enjoyment of Events by its attendees; creating unreasonable noise; or creating a physically hazardous or physically offensive condition.
- Discriminatory Behavior: Behavior that discriminates against other individuals because of such individual’s race, color, religion, sex, handicap, age, national origin, sexual orientation.
Members must not under any circumstances:
- Possess, carry or use any weapon, ammunition, explosive or fireworks during any Event;
- Steal, vandalize, damage, destroy or deface any property, personal or otherwise; and
- Enter or trespass onto any area which is “off limits”, or that the member does not have permission to enter.
BREACHES OF THE Cozymeal’S CODE OF CONDUCT
Conflict brought about by any breach or breaches of the clubs “Code of Conduct” by any Website member or their guests addressed and resolved by Cozymeal in its sole discretion. Any observed or reported breach or breaches of the Cozymeal’s “Code of Conduct” by any member(s) or their guests will be investigated, discussed and dealt with by Cozymeal by either a suspension or the revoking of membership.