Terms and Policies

1. Contractual Relationship

These Terms of Use (“Terms”) govern your access or use of the website that enables you or other users to access the services provided by FoodJin (as defined below) (the “FoodJin Website” as more fully defined below in Section 2), including, (i) signing up with the FoodJin platform, either if you are a Customer, Cook or Kitchen Host (as defined below), (ii) if you are a Cook, enabling you to edit your FoodJin profile and (iii) if you are a Kitchen Host, enabling you to manage your kitchen bookings made by Cooks, made available by FoodJin Inc, a company incorporated in USA, having its registered office at 33505 Walnut Ln, Farmington Hills, MI 48331, registered under no. 802283263, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “FoodJin”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FOODJIN.

In these Terms, the words “including” and “include” mean “including, but not limited to”.

By accessing or using FoodJin Website, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use FoodJin Website. These Terms expressly supersede prior agreements or arrangements with you, with the exception of any Cook Partnership Agreement or Kitchen Partnership Agreement that might have been entered or will be entered into between you and FoodJin, if you have the capacity of Cook or Kitchen Host. FoodJin may immediately terminate these Terms or the services provided by FoodJin Website with respect to you, or generally cease offering or deny access to FoodJin Website or any portion thereof, at any time for any reason.

Supplemental terms may apply regarding FoodJin Website, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you, as the case may be. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the using the FoodJin Website and its related services.

FoodJin may amend the Terms from time to time. Amendments will be effective upon FoodJin’s posting of such updated Terms at this location. Your continued access or use of FoodJin Website after such posting confirms your consent to be bound by the Terms, as amended.

If FoodJin changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by immediately stop visiting the FoodJin Website and using its related services.

FoodJin’s collection and use of personal information and personal data in connection with FoodJin Website is described in FoodJin’s Privacy and Data Protection Policy applicable herein irrespective of any provisions to the contrary regarding personal information and personal data.

2. The FoodJin Website

The FoodJin Website enable users such as customers (i.e., FoodJin users ordering food dishes on FoodJin platform herein referred to as the “Customers”), cooks (i.e., FoodJin users providing cooking services on FoodJin platform herein referred to as the “Cooks”) and kitchen hosts (i.e., FoodJin users providing professional kitchen rental services to Cooks herein referred to as the “Kitchen Hosts”), to (i) sign up with the FoodJin platform, (ii) if you are a Cook, enable you to edit your FoodJin profile and (iii) if you are a Kitchen Host, enable you to manage your kitchen bookings made by Cooks, and other related services.

You acknowledge that your ability to benefit from the above services provided by the FoodJin Website, as the case may be, through the use and visit of FoodJin Website does not establish FoodJin as a provider of cooking or rental services.

License
Subject to your compliance with these Terms, FoodJin grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the FoodJin Website on your personal device solely in connection with your visit and use of FoodJin Website; and (ii) access and use any content, information and related materials that may be made available through FoodJin Website, in each case solely for your visit and use of FoodJin Website.

Any rights not expressly granted herein are reserved by FoodJin and FoodJin’s licensors.

Restrictions
You may not: a. remove any copyright, trademark or other proprietary notices from any portion of FoodJin Website; b. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit FoodJin Website except as expressly permitted by FoodJin; c. decompile, reverse engineer or disassemble FoodJin Website except as may be permitted by applicable law; d. link to, mirror or frame any portion of FoodJin Website; e. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of FoodJin Website or unduly burdening or hindering the operation and/or functionality of any aspect of FoodJin Website; or f. attempt to gain unauthorized access to or impair any aspect of FoodJin Website or its related systems or networks.

Provision of FoodJin Website
You acknowledge that portions of FoodJin Website may be made available under FoodJin’s various brands associated with offering of cooking services by Cooks and rent services of professional kitchens by Kitchen Hosts to such Cooks, such as [ “FoodJin”], [ “FoodJin App”], [ “FoodJin Cook App”][ please insert any other brands you might register or might have registered in relation to this business].

You also acknowledge that FoodJin Website may be made available under such brands by or in connection with: (i) certain of FoodJin’s subsidiaries and affiliates; or (ii) independent Cooks or Kitchen Hosts.

Third Party FoodJin Website and Content
The FoodJin Website may be made available or accessed in connection with third party services and content (including advertising) that FoodJin does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. FoodJin does not endorse such third party services and content and in no event shall FoodJin be responsible or liable for any products or services of such third party providers.

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access FoodJin Website using the variant developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively.

These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of FoodJin Website in any manner. Your access to FoodJin Website using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership
The FoodJin Website and all rights therein are and shall remain FoodJin’s property or the property of FoodJin’s licensors. Neither these Terms nor your use or visit of FoodJin Website convey or grant to you any rights: (i) in or related to FoodJin Website except for the limited license granted above; or (ii) to use or reference in any manner FoodJin’s company names, logos, product and service names, trademarks or services marks or those of FoodJin’s licensors.

3. Access and Use of FoodJin Website

User Accounts
In order to use most aspects of FoodJin Website and other FoodJin platform services provided by other FoodJin apps, you can sign up on the FoodJin Website, either if you are a Customer, Cook or Kitchen Host, by registering for and maintaining an active personal user FoodJin Website account (“Account”).

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.

Account registration may require you to submit to FoodJin certain personal information, such as, but not limited to, your name, address, mobile phone number and age, as well as at least one valid payment method supported by FoodJin.

You agree to maintain accurate, complete, and up-to-date information in your Account.

Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your restriction to access, visit or use FoodJin Website.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

Unless otherwise permitted by FoodJin in writing, you may only possess one Account.

User Requirements and Conduct
FoodJin Website and its related services are not available for use by persons under the age of 18.

You may not authorize third parties to use your Account.

You may not assign or otherwise transfer your Account to any other person or entity.

You agree to comply with all applicable laws when accessing or using FoodJin Website, and you may only access or use FoodJin Website for lawful purposes.

You may not in your access or use of FoodJin Website cause nuisance, annoyance, inconvenience, or property damage, whether to Customers, Cooks, Kitchen Hosts, other visitors of FoodJin Website or any other party.

In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use FoodJin Website, and you agree that you may be denied access to or use of FoodJin Website if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls
You agree that FoodJin may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a FoodJin Account, including for marketing purposes.

You understand that you are not required to provide this consent as a condition of purchasing any goods or services.

You also understand that you may opt out of receiving text messages from FoodJin at any time, by contacting FoodJin at info@foodjin.org.

If you do not choose to opt out, FoodJin may contact you as outlined in the Privacy and Data Protection Policy applicable to FoodJin Website.

User Provided Content
FoodJin may, in FoodJin’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FoodJin through FoodJin Website textual, audio, and/or visual content and information, including commentary and feedback related to FoodJin Website, Cooks, Customers or Kitchen Hosts as you may have interacted with the latter, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).

Any User Content provided by you remains your property.

However, by providing User Content to FoodJin, you grant FoodJin a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with FoodJin Website, Cooks, Customers or Kitchen Hosts, as you may have interacted with the latter and FoodJin’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FoodJin the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor FoodJin’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by FoodJin in its sole discretion, whether or not such material may be protected by law. FoodJin may, but shall not be obligated to, review, monitor, or remove User Content, at FoodJin’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices
You are responsible for obtaining the data network access necessary to visit and use FoodJin Website. Your mobile network’s data and messaging rates and fees may apply if you access, visit or use FoodJin Website from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access, visit and use FoodJin Website and its related services and any updates thereto.

FoodJin does not guarantee that FoodJin Website, or any portion thereof, will function on any particular hardware or devices. In addition, FoodJin Website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

4. Disclaimers, Limitation of Liability, Indemnity

Disclaimer
FOODJIN WEBSITE AND ITS RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

FOODJIN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN ADDITION, FOODJIN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF FOODJIN WEBSITE OR ANY SERVICES REQUESTED THROUGH THE USE AND VISIT OF FOODJIN WEBSITE, OR THAT FOODJIN WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

FOODJIN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF COOKS OR KITCHEN HOSTS.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE AND VISIT OF FOODJIN WEBSITE, AND ANY RELATED SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of liability
FOODJIN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF FOODJIN WEBSITE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FOODJIN, EVEN IF FOODJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOODJIN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OR VISIT OF OR RELIANCE ON FOODJIN WEBSITE AND ITS RELATED SERVICES OR YOUR INABILITY TO ACCESS OR USE FOODJIN WEBSITE, EVEN IF FOODJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOODJIN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FOODJIN’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOODJIN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FOODJIN’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity
You agree to indemnify and hold FoodJin and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your visit or use of FoodJin Website or services obtained through your visit or use of FoodJin Website; (ii) your breach or violation of any of these Terms; (iii) FoodJin’s use of your User Content; or (iv) your violation of the rights of any third party, including Cooks, Customers or Kitchen Hosts.

5. Other Provisions

Choice of Law
These Terms are governed by and construed in accordance with the laws of [ please enter country of which jurisdiction is applicable herein], without giving effect to any conflict of law principles.

Claims of Copyright Infringement
Claims of copyright infringement should be sent to info@foodjin.org.

Notice
FoodJin may give notice by means of a general notice on FoodJin Website, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account.

Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone).

You may give notice to FoodJin, with such notice deemed given when received by FoodJin, at any time by first class mail or pre-paid post to 33505 Walnut Ln, Farmington Hills, MI 48331, registered under no. 802283263.

General.
You may not assign these Terms without FoodJin’s prior written approval.

FoodJin may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of FoodJin’s equity, business or assets; or (iii) a successor by merger.

Any purported assignment in violation of this Section shall be void.

No joint venture, partnership, employment, or agency relationship exists between you, FoodJin or any Customer, Cook or Kitchen Host as a result of this Agreement or use or visit of FoodJin Website.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

FoodJin’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FoodJin in writing.

The provisions of those Terms are in addition to any provisions of any Cook Partnership Agreement or Kitchen Partnership Agreement entered into between you as Cook or Kitchen Host, respectively and FoodJin. In case of conflict between these Terms and the provisions of the above partnership agreements, the latter shall prevail.