TERMS AND CONDITIONS
Version 1.0 in effect from September 2, 2016
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.COOKTOCASA.COM AND *.COOKTOCASA.*, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE WOULD ADVISE YOU TO PRINT A COPY FOR YOUR RECORDS.
- Binding power of this document
Cook to Casa is a S-Corporation under the law of the United States of America. The registered office is at 1780 Homestead Trail, Long Lake, MN 55356 (hereinafter referred to as “COOK TO CASA”, “we”, or “us”).
We have created and operate the website that is accessible at the addresses www.cooktocasa.com and *.CooktoCasa.*, the purpose of which is to be a platform for the listing and exchange of information, enabling people to cook meals for others.
By using the Cook to Casa Website, you are agreeing to be bound by these terms and conditions which constitute a contract between yourself and Cook to Casa (hereinafter referred to as the “Master Agreement”). In this context you are referred to as the “User.”
If you do not agree to be bound by the Master Agreement, you are not allowed to use the Cook to Casa Website and you are obliged to leave it.
- What we are offering to you via the Cook to Casa Website
We set up the Cook to Casa Website to facilitate your connection with one or several people to buy/sell a food dish that you have prepared or that has been prepared for you.
- Become a Cook via the Cook to Casa Website
If you love cooking for others, you can use the Cook to Casa Website to sell your food (hereinafter referred to as the “Cook to Casa Listing”). You will then become a “Cook” and should respect, in addition to this Master Agreement, the Responsible Cooking guidelines.
- Become an Eater via the Cook to Casa Website
You can search the Cook to Casa Website for your ideal Cook and dish. You will then become a “Customer” and should respect, in addition to this Master Agreement, the Responsible Customer guidelines.
- Our role on the Cook to Casa Website
Our role is to put Cooks in contact with Customers via a listing on the Cook to Casa Website (hereinafter referred to as the “Listing Service”).
Thus the Cook to Casa Website serves as a platform for listings and exchange of information. It allows the listing of Cook to Casa meals by Cooks which conform to a certain number of objective criteria, and include key information about the meals as well as contributions from Customers.
Cooks are entirely free to define their own individual conditions for their Cook to Casa meals.
Cooks are entirely free to accept or decline Cook to Casa orders made to them by Customers.
Our Listing Service is aimed exclusively at persons over 18 years of age and/or having the legal capacity to enter into a contract.
- Access to services offered by our partner, Stripe
Stripe provides services for the issuing, use, and management of e-money. These services are offered on the Website as a means of payment for Cook to Casa Meals. No other method of payment is available on the Website.
If you become a Cook or Customer, you agree to be bound by the Terms and Conditions of Stripe.
The creation of a Cook or Customer account includes the creation of an “Account” as defined under the Terms and Conditions of Stripe. Acceptance of a Cook to Casa Meal by a Customer constitutes a “Transaction” as defined under the Terms and Conditions of Stripe.
- Your publications on the Cook to Casa Website
If you are a Cook we also offer you the option to publish a range of content on the Cook to Casa Website to enable customers to get to know you and to find out more about the Cook to Casa meals that you are offering (hereinafter referred to as the “Cook Content”).
If you are a Customer, we also offer you the option to give feedback, and to post content on the Cook to Casa Website itself and, in particular, on the pages published by the Cooks relating to a Cook to Casa Meal in which you have participated (hereinafter referred to as the “Customer Content”).
More generally, you can post content on the Website as a simple User (this content, the Customer Content and the Cook Content shall hereinafter be referred to together as “User Content”).
User Content that you post on Cook to Casa is your property.
You are solely responsible for your user content and guarantee Cook to Casa against any action that may be undertaken against it as a result of user content.
By posting User Content on the Cook to Casa Website:
– You expressly agree that it will be made public.
– You allow everyone, including persons who do not use the Cook to Casa Website, to access this User Content and to use it, and also to associate it with you.
– You acknowledge that this User Content does not confer any rights upon you, of any nature whatsoever and no property rights, including intellectual property rights, on the Cook to Casa Website and/or its content (other than User Content alone).
– You grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use the content of intellectual property that you publish on the Cook to Casa Website or in relation to the Cook to Casa Website.
This license allows us in particular, without this list being exhaustive, to edit your User Content on the Website, to reproduce it, in whole or in part, to represent it, to translate it, to group it with other User Content or elements of the Cook to Casa Website, to remove certain words in order to use them in search tools, to use it for promotional or commercial purposes.
This license ends when you delete your intellectual property content, either via your account, or by expressly requesting its removal by sending a recorded delivery letter with signed proof of receipt. You must include your identity, your contact details, and enough information in your request to allow us to find the User Content concerned in order to delete it (in addition you must allow sufficient time for us to deal with your request).
However, we would like to draw your attention to:
(i) The fact that User Content is neither edited nor moderated by Cook to Casa;
(ii) The fact that deleted User Content may still be visible in back-up copies for a certain time, including on search engines operated by third parties.
(iii) The fact that deleted User Content may be copied and kept by Cook to Casa for archival purposes and, in particular, to allow it to defend its rights if necessary, and you irrevocably and expressly acknowledge and authorize it to do so.
(iv) The recommendation tools (the functioning of which is carried out by automatic handling of non-personal data and not by human intervention of Cook to Casa staff) are able to anonymously and irrevocably register your opinion, to which you agree. You also agree that your opinion may be stored anonymously for statistical purposes.
Cook to Casa reserves the right to market the results of this automatic data handling.
– You authorize us to use User Content without financial compensation, and particularly to exploit User Content both for purposes of external and internal communication, and for institutional, events, promotional or advertising purposes.
– You acknowledge that we are under no obligation to store your User Content and/or to publish your User Content and that we can, at any time and without prior notice, delete your User Content from the Cook to Casa Website.
- Financial conditions
A payment to cover costs is requested from Customers for each Cook to Casa Meal in the form of a fixed amount payable before the Cook to Casa Meal.
Each Cook agrees to use the Cook to Casa Website on an occasional basis and not to use it for financial gain.
Cooks are requested to keep all receipts for costs incurred for each Cook to Casa Meal.
Cook to Casa receives remuneration in the form of a commission in exchange for its Listing Service.
Cook to Casa will charge to the Customer the total amount, which includes the price displayed by the Cook (the “Meal Price”) and the service charges corresponding to 10% of Meal Price. Cook to Casa will keep the total amount paid by the Customer and will transfer only the Meal Price to the Cook 48 hours after Cook to Casa Meal.
- Terms and methods of payment
Payment of the amount requested by the Cook and of our commission for a Cook to Casa Meal should be made by the Customer before the date set for the Cook to Casa Meal concerned, as soon as the meal is accepted by the Customer, in e-money via the collaborative payment module the “Stripe Wallet” by Stripe.
This payment constitutes a “Payment Operation” as defined in the Terms and Conditions of Stripe.
Except in the event of a rare technical problem, the Cook receives payment for the Cook to Casa Meal in their Stripe Wallet, after deduction of our commission, in the 48 hours following the agreed date of the Cook to Casa Meal concerned.
However, in the event that a Cook may not have fulfilled the essential obligations in relation to the Customer, this Customer has the option until midnight on the day following a Cook to Casa Meal to block payment by using the claim form on the page summarizing the reservation or by sending an email to help@Cook to Casa.com. The Customer must then supply as much information as possible to explain the problem. The payment, including our commission, will then be refunded to the Customer as soon as possible. It is the Customer’s responsibility in relation to the Cook and to Cook to Casa in the event that unjustified blocking of a payment to these latter should be carried out.
- Contracts likely to bind you to us in the event of use of the Cook to Casa Website
Depending on how you use the Cook to Casa Website, you are likely to be bound to us by different contracts, a list of which follows.
If you are just a simple User of the Cook to Casa Website, you are subject to the Master Agreement.
– If you are acting as a Cook on the Cook to Casa Website, you are subject to this Master Agreement.
– If you are acting as a Customer on the Cook to Casa Website, you are subject to this Master Agreement.
- Contracts likely to bind you to a third party in the event of use of the Cook to Casa Website
In the event that you become a Customer and/or Cook, you will be subject to the terms and conditions of our partner Stripe.
Thus, in the event of a dispute between Stripe and yourself in relation to a failure by one of the parties in any of their contractual obligations, Cook to Casa shall not be held responsible.
In the event that a Customer should accept a Cook’s Cook to Casa Meal, a contract shall be made between them, to the exclusion of Cook to Casa.
Thus, in the event of a dispute between the Customer and the Cook in relation to a failure by one of these parties to honor their contractual obligations, Cook to Casa shall under no circumstances be held responsible.
- Applicable regulations
We advise you to familiarize with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you whether you are a Customer or a Cook.
You agree not to offer, give, or serve alcoholic drinks with a Cook to Casa Meal except in accordance with the applicable regulations. Alcohol abuse is damaging to your health. Licensed premises are subject to specific regulations, the contravention of which is liable to criminal sanctions.
You agree to respect any regulations governing the premises where a Cook to Casa Meal takes place.
- Modification of the Master Agreement
This Master Agreement is a membership agreement that can only be unilaterally modified by and at the sole discretion of Cook to Casa.
Cook to Casa reserves the right to modify this Master Agreement at any time. Any modification of this agreement will come into effect when it is published on the Cook to Casa Website.
By continuing to use the Cook to Casa Website, you agree to be bound by the modified Master Agreement.
If you do not accept the modifications that have been made, you may no longer use the Cook to Casa Website and must leave it.
We would advise you to print a copy of each version of the Master Agreement that would apply to you for your records. To ensure that you are fully informed, the date of implementation of each modified Master Agreement is shown in the heading of the document.
Use of the Cook to Casa Website is considered to be null and void if it is done in violation of this agreement.
By using the Cook to Casa website, you declare and guarantee to us that your use of the Cook to Casa website does not infringe any current law or regulation.
- Creation of your User Account
Before becoming a Cook or a Customer, you must first create a unique and personal “User Account” (hereinafter referred to as the “User Account”) and create an available user name (hereinafter referred to as the “Login”) and a password (hereinafter referred to as the “Password”) and complete it by providing, as a minimum, the following obligatory information:
– Your title
– Your family name.
– Your first name.
– Your email address.
The creation of a User Account automatically includes the creation of an “Account” with Stripe, as set out in the Terms and Conditions of Stripe.
We would advise you to read this Master Agreement and the Terms and Conditions of Stripe for further information on this subject.
In the event that you decide to upload a profile photograph, you are committed to providing a photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to Cook to Casa that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Cook to Casa to use your image, and that you grant it a license for use under the conditions set out in article 7 above.
You are committed to provide full, exact and honest information and to keep it permanently up-dated.
You will be identified on the Cook to Casa Website, in your dealings with other users and with third parties, by your first name, your city and your country.
Your User Account will not be validated unless (i) you expressly declare and guarantee to us that you are a person aged over 18 years and/or with the capacity to enter into a contract, and (ii) your email address has been confirmed by our automatic verification process.
- Your User Account is strictly personal
Your User Account may not be sold or transferred to another person or legal entity.
Your User Account is strictly personal to you and contains confidential information about you. You agree not to communicate your Login or Password in any way or to any person whatsoever.
- Exclusions and limitations to Cook to Casa’s responsibility
17.1. Limitation to Cook to Casa’s responsibility in relation to user content
In the context of the adding of user content, Cook to Casa does not play any active role the nature of which might entrust it with knowledge or control of the data stored.
In this context, Cook to Casa acts as a content host within the meaning of the regulations.
Cook to Casa cannot be held responsible for the user content that it stores at a user’s request unless, having been made aware of the illicit nature of any user content under the form and conditions of USA law, Cook to Casa should not have promptly removed said user content or rendered it inaccessible.
17.2. Exclusions from Cook to Casa’s responsibility in relation to access to the Cook to Casa website
Cook to Casa is under no obligation of performance or any obligation of best endeavor in relation to the functioning of the Cook to Casa website.
Cook to Casa shall under no circumstances be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or destruction or unauthorized action, nor for any alteration to communication with any user.
Cook to Casa reserves the right to temporarily suspend access to its services for technical reasons or for maintenance without these operations giving any rights to any kind of compensation whatsoever.
17.3. Limitation of Cook to Casa’s responsibility in relation to the Listing Service
Cook to Casa’s responsibility toward the Cook or toward the Customer, under the Listing Service that it offers, is limited to the amount of commission received from the parties for the Listing Service in question.
Thus, in the event that you might suffer damage, of whatever nature, due to a fault committed by Cook to Casa in the context of the execution of the Listing Service, the compensation that you would receive from Cook to Casa would be limited to the amount of commission that you paid to it for the Listing Service in question.
17.4. Exclusions to Cook to Casa’s responsibility in relation to Cook to Casa meals themselves
Cook to Casa shall under no circumstance be held responsible toward the Cook or toward the Customer for the smooth running and/or the satisfactory outcome of Cook to Casa meals.
Under no circumstance shall Cook to Casa guarantee the relevance and/or the veracity and/or the comprehensiveness of the information exchanged in the context of a Cook to Casa meal or on the Cook to Casa website.
17.5. Exclusions to Cook to Casa’s responsibility in relation to faults committed by users
Cook to Casa shall under no circumstance be held responsible for a fault committed by users, including if this fault is committed in the context of use of the Cook to Casa website or of a service offered by Cook to Casa.
17.6. Exclusions to Cook to Casa’s responsibility in relation to additional services offered
With the exception of the responsibility linked to the Listing Service and set out in article 17.3 above, Cook to Casa shall under no circumstances be held responsible for the other services that it offers free of charge on the Cook to Casa website.
17.7. Exclusions to Cook to Casa’s responsibility in relation to third party websites
The Cook to Casa website is likely to contain hypertext links to other websites owned and/or operated by other people than Cook to Casa (hereinafter referred to as “third party websites”).
Cook to Casa shall under no circumstance be held responsible for the products and/or content of these third party websites. In particular, without this list being exhaustive, Cook to Casa cannot be held responsible for the accuracy, relevance, or comprehensiveness of the content of these third party websites neither shall it be held responsible for all or part of them.
Cook to Casa shall under no circumstance be held responsible for any failure in the payment service provided by its partner.
17.8. Exclusions to Cook to Casa’s responsibility in relation to regulations applicable to a Cook to Casa meal
The user agrees to make it his/her own responsibility with regard to regulations, in particular, without this list being exhaustive, taxation, administrative, and civil regulations, which might apply to him/her either as a Cook or as a Customer, or as a simple user.
Cook to Casa shall under no circumstance be held responsible in the event of contravention by a user of any applicable regulation.
17.9. General exclusions to Cook to Casa’s responsibility
More generally, and barring any contrary express provision referred to in article 17 of this agreement, neither Cook to Casa nor its directors, employees, nor its agents shall under any circumstance be held responsible for any damage, either direct or indirect, resulting from use of the Cook to Casa website or of the services provided there, of any content on the Cook to Casa website or other elements, accessible or downloaded from the website, even if Cook to Casa has knowledge or has been informed of the likelihood of the occurrence of such damage.
- Cook to Casa’s ownership of the content on the Cook to Casa Website
The elements that make up the Cook to Casa Website and particularly its editorial content, graphics, applications, software, and its features, with the exception of User Content, (hereinafter referred to collectively as the “Website Content”), are the exclusive property of Cook to Casa and its rightful owners. Any reproduction, imitation, or insertion, either in whole or in part, of any of the elements of the Website Content belonging to Cook to Casa is strictly forbidden without the prior written agreement of Cook to Casa.
The Website Content cannot be modified, copied, distributed, boxed, reproduced, downloaded, displayed, published, transmitted, or sold in any form whatsoever or by any means whatsoever, either in whole or in part, without the prior written agreement of Cook to Casa.
You are authorized to use the Cook to Casa Website and the Website Content under the conditions set out in this agreement. Any use of the Cook to Casa Website or of the Website Content other than that allowed in this agreement, or in contravention of applicable legislation or third party rights, is strictly forbidden.
- Other obligations to which you are subject when you use the Cook to Casa Website
You agree not to use the Cook to Casa Website, Website Content, User Content, Listing Service or the other services offered on the Cook to Casa Website:
– In an illegal manner or in a manner prejudicial to Cook to Casa, to other Users, or to third parties, or under conditions likely to damage, disable, overload, or alter the Cook to Casa Website.
– To broadcast, publish, or store illicit content on the Cook to Casa Website (hereinafter referred to as “Illicit Content”), in particular, without this list being exhaustive, content that is racist; anti-Semitic; discriminatory; pedophilic; inciting to violence, racial or ethnic hatred; malevolent; bigoted; vulgar; obscene; fraudulent; prejudicial; illegal; injurious; defamatory; infringes privacy or rights to an image; infringes rights to intellectual property; or that is in any other way reprehensible.
– To broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment.
– To offer products or services to Users of the Cook to Casa Website other than Cook to Casa Meals.
– To extract or collect email addresses or other information relating to Users, Cooks, and/or Customers for any other purpose than that of offering or participating in a Cook to Casa Meal, and particularly, without this list being exhaustive, for commercial purposes, to send unsolicited communication, or for the purpose of the systematic collection of information.
In particular you agree not to use automatic scripts to collect information from the Cook to Casa Website or to interact with the Listing Service or the Cook to Casa Website.
- Inform us as soon as you see Illicit Content
If you see any Illicit Content on the Cook to Casa Website you can send us written notification by email to the address help@CooktoCasa.com, including the following information: (a) identification of the content concerned, (b) information to enable us to locate the content in question on the Cook to Casa Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number, (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of said owner.
- Exclusion – Withdrawal of access to the Cook to Casa Website
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, Cook to Casa reserves the right to withdraw your access to the Cook to Casa Website, unilaterally and without prior notice if you are guilty of infringement of intellectual property rights or if you have published Illicit Content on the Cook to Casa Website.
- Cookies and personal information
You acknowledge and agree that Cook to Casa can store personal and other information about you on your computer in the form of “cookies”. The use of these cookies solely concerns the functioning of the Cook to Casa Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your computer, this ban or restriction may have an unfavorable effect on your use of the Cook to Casa Website. You acknowledge and agree that Cook to Casa can also store your personal information on computers in France and beyond its borders. By using the Cook to Casa Website, you acknowledge and agree that Cook to Casa can, at its sole discretion:
– Store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
– Enforce the terms of the Master Agreement.
– Respond to complaints about any User Content or any Cook to Casa Meal that may infringe the rights of a third party.
– Protect the rights, property and security of Cook to Casa, of Users, and the public.
- Legal information
The Cook to Casa Website was developed by the Cook to Casa Company.
Cook to Casa possesses all ownership rights over the Cook to Casa Website as well as over the Website Content.
Cook to Casa acts as publisher of the Cook to Casa Website.
The publishing director of the Cook to Casa Website is the co-founder of Cook to Casa, Rachel Stephens.
For any question relating to the Cook to Casa Website or to the functioning of the Listing Service, you can contact us by the following means:
– By post:
Cook to Casa
17 Centennial Place
Campbells Bay, Auckland 0630
– By email: help@CooktoCasa.com
- Governing law
This master agreement, Listing Service, other services offered by Cook to Casa on the Cook to Casa website, and the use of the Cook to Casa website are subject to United States law.
- Competent jurisdiction – clause conferring jurisdiction
Barring contrary applicable public order, any dispute between yourself and Cook to Casa in relation to this master agreement, the Listing Service, or other services offered by Cook to Casa on the Cook to Casa website, or use of the Cook to Casa website will be subject to the geographical jurisdiction of competent courts within the jurisdiction of the court of appeal of Minneapolis, Minnesota.
- Amicable resolution of disputes
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
Our claims service can be contacted:
– By email at the following address: help@CooktoCasa.com.