Terms of Service
Last modified on May 29, 2015.
This user agreement (“agreement” or “terms”) specify the legally binding terms and condition that shall govern your usage of our Mobile Application and the services thereof. You are requested and required to read these terms carefully before using the Mobile Application and services offered by Sweet Pea [hereinafter “Sweet Pea”] We have incorporated by reference all linked information.
“Agreement” shall mean this user agreement between the Parties, subject to the terms and conditions of providing Services, attached appendices or other documents incorporated in these terms and conditions.
“Account” means the post-registration account that you will be provided with us to manage your activities with us.
“Sweet Pea”, “we”, “our”, or “us” means Sweet Pea.
“Product Offer” or “Listing” means a product or service listing by the merchants on the Mobile Application.
“Merchant” means a User that offers his cooking skills, food or any food product through our Mobile Application.
“Food Services” means all services provided by home cooks and cooks working in commercial kitchens and are related and limited to food, food products and recipes.
“User”, “you” or “your” means an individual or company representative who visits or uses the Mobile Application to order food or offer food services.
“Mobile Application” shall mean the mobile applications operated by Sweet Pea and available at: www.sweetpeameals.com and any related Sweet Pea service, extension, CMS or related application.
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
You expressly agree that by using the Mobile Application in any manner or mode, including but not limited to visiting or browsing the Mobile Application, you (the “user”) you consent to be bound by these terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms are applicable to all users of the Site, including without limitation users who are consumers or their representatives or any visitor to the site who uses the site for any commercial reason in relation to information and other materials or services on the Site.
AMENDMENT AND MODIFICATION
We reserve the right to change the terms and conditions at any time at our discretion and you agree to be bound by the amended terms. You are advised to keep checking the terms regularly. If Sweet Pea makes a material change, Sweet Pea will notify you here, by email, by means of a notice on our home page, or other places Sweet Pea deems appropriate. What constitutes a “material change” will be determined at Sweet Pea sole discretion, in good faith, and using common sense and reasonable judgment.
Sweet Pea services are available only to, and may only be used by, companies, societies and individuals (who are 18 years and older) who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Individuals under the age of 18 must at all times use Sweet Pea services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
Users may provide a business name or a company name, which is to be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. However, the user, if required, must produce required documents to prove his ownership of that business name or intellectual property rights over the related trademarks.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
REGISTRATION AND COMPLIANCE
Account: The Cooks must register an account with us through our website. The cooks must provide us with their personally identifiable details and should be certified under the local health, hygiene and food related laws. We would only allow registration in scenario of full compliance.
The customers will have to provide us with personally identifiable address in case they wish to use home delivery services.
Password: You are required to keep your password secure. You shall assume absolute and sole liability for all activity, liability and damage resulting from your failure to maintain password confidentiality and secrecy. You agree to immediately notify Sweet Pea of any unauthorized use of your password or any breach of security. You also agree that Sweet Pea cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Sweet Pea without Sweet Pea express written permission.
Account Information: You shall keep your account information up-to-date and accurate at all times, including a valid email address. Your payment information, as provided to us, shall also be accurate and genuine at all times. You agree that your account information can be made available to Sweet Pea administration or its’ appointed employees or contractors.
You agree that you have ensured that your access of our Mobile Application and its services are completely in accordance with local laws of your respective state, territory or country.
Account Transfer: You shall not transfer or sell your Sweet Pea account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the respective entity to this Agreement.
USAGE AND CONDUCT REQUIREMENTS
Sweet Pea expects and requires the user to refrain from:
Post content, offers or items in inappropriate categories or areas on our Mobile Applications and services;
Violates any laws or statutes, third party rights or our policies.
Neglect, misuse, circumvent or manipulate our fee structure, the billing process, or facilitation fees owed to Sweet Pea ;
Post wrong, incorrect, false, inaccurate, misleading, defamatory or offensive content (including personal information);
Take any action that may harm or interrupt or undermine the feedback or reputation systems.
Transfer, including rent, sell or delegate your Sweet Pea account (including feedback) and Username to another party without our consent;
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Distribute malwares, pirated or fake software, viruses or any other technologies that may harm Sweet Pea , the Mobile Application, or the interests or property of Sweet Pea users (including their Intellectual Property Rights, privacy and publicity rights)
Post any content that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
Download, aggregate or use our listings from our Mobile Application for display with listings from other Mobile Applications without our express written permission, “frame”, and “mirror” or otherwise incorporate any part of the Mobile Application into any other Mobile Application without our prior written authority.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Sweet Pea Mobile Application;
Attempt to print, copy, modify or distribute rights or content from the Sweet Pea Mobile Application or Sweet Pea ‘s copyrights and trademarks;
Harvest or otherwise collect information about Users, including email addresses, without their consent.
Sell the user information, our employee list or our proprietary information without our consent.
We are a venue, which allow home and commercial cooks with Food Products and other cooks working in commercial kitchens to post their offers, services and products on the Mobile Application by which the users can place the order through the Mobile Applications, contact them for delivery/pickup and complete the transaction within the domain of our Mobile Application. The Mobile Application mechanism is explained below:
The Mobile Application has two important types of users:
Cooks: The users who shall post the food products and cooking services on or through our Mobile Application by registering an account with us.
These cooks must be certified under the relevant local laws and must register with us through the application.
Users and Viewers: The users who will be using, viewing and accessing details in order to buy the Food Products and services through our application.
You agree that while transacting through this Mobile Application, you will carry out all your obligations towards the Mobile Application, its employees and other users.
We state and you agree that we are not liable for any safety, health or hygiene issue or guideline breached or violated by the cook as we have no control whatsoever over his premises, his actions or his supplies. We expressly disclaim any liability to that extent.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
FEE AND COMMISSIONS
Listing of Food Products, services and offers is free with us. We DO NOT charge anything for posting on our Mobile Application.
For every sale committed through our application, we charge 1.9% of the total sale value. We deduct the said commission as soon as the payment is made by the customer and before it goes to the cook.
Unless otherwise stated, all fees are quoted in United States Dollars. The payment modes available are through Credit cards.
INTELLECTUAL PROPERTY RIGHTS
SWEET PEA, and other Sweet Pea graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade address of Sweet Pea.
Sweet Pea trademarks and trade address may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You agree that we may display your company or business name, logo, images or other media, and public description of your business and profile as part of the Sweet Pea Services and/or other marketing materials relating to the Sweet Pea Mobile Application, except where you have explicitly requested that we do not do this and we have agreed to such request.
You agree that whatever content you post on the Mobile Application except for your registered trademark or registered trademark or proprietary material of others with their permission, shall become the sole property of the Mobile Application without any reservation unless if we have agreed to such reservation in writing.
Any infringement of our intellectual property rights will be dealt strongly by our legal team. You are bound by terms to notify us of any such infringement as soon as you come to notice it
If you believe that you have information that something posted in our Mobile Application infringes your IP rights or IP rights of a third party, please inform us.
You expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure SSL connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through this Mobile Application. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.
THIRD PARTY LINKS
Links from or to Mobile Applications outside this Web Site are meant for convenience only. Sweet Pea does not review, endorse, approve or control, and is not responsible for any sites linked from or to this Web Site, the content of those sites, the third parties named therein, or their products or services. Linking to any other site is at your sole risk and Sweet Pea will not be responsible or liable for any damages in connection with linking. Sweet Pea disclaims all warranties, express and implied as to the accuracy, validity and legality of any materials or information found on those sites
You are strictly prohibited from:
Using the Mobile Application for posting offensive, illegal, immoral, defamatory, blasphemous or incorrect information on the Mobile Application.
Disclose your email address and other personal contact information on the Mobile Application apart from your profile and during the time of delivery request.
Disclose or distribute on the Mobile Application, any material or information that rightfully belongs to a third party or is intellectual property of a third party.
Posting reviews, feedback or ratings of users on this Mobile Application on any third party Mobile Application.
Using the Mobile Application for any illegal or unlawful activity.
Posting your account or bank details on the Mobile Application in public display unless, it is required to payment process.
Posting about your disputes with us or any third party member in public, irrespective of the place of posting.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to your Account:
if we determine that you have breached, or are acting in breach of, this User Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
you do not complete account verification when requested within 3 months of the date of request;
you are the subject of a United Nations, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
CLOSING YOUR ACCOUNT
We allow you to close your account with us if you send us a request for the same at email@example.com. However, you must not have any outstanding payment, dispute, listing or any other matter unresolved with us or third parties through our Mobile Application.
We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
RESOLUTION OF DISPUTES AND JURISDICTION
Disputes with Users or Third Parties:
In the event a dispute arises between you and another user or a third party, Sweet Pea encourages you to first contact the user or third party to resolve the dispute amicably. We are a marketplace that merely redirects you to the actual merchant Mobile Application or his place of business. We are in no way endorsing or supporting any merchant and we act as a mere venue.
You release Sweet Pea (and Sweet Pea officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
ACCESS AND INTERFERENCE
Take any action that imposes, or may impose, in Sweet Pea sole discretion, an unreasonable or disproportionately large load on Sweet Pea infrastructure
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass Sweet Pea robot exclusion headers or other measures Sweet Pea may use to prevent or restrict access to Sweet Pea.
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Mobile Application, your Account or the Sweet Pea Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
You expressly agree that Sweet Pea does not offer any insurance or guarantee as to the claims, offers and products offered by the merchants on our Mobile Application.
NO WARRANTY AS TO THE IDENTITY OF THE USER
We take reasonable precautions and follow best industry practices to gather maximum possible accurate information about the identity of the users on our Mobile Application. However, we must inform you that it is highly difficult for us to verify each and every user. While we try our best, we EXPRESSLY state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user. We may display user information such as the credibility score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
NO WARRANTY AS TO THE MOBILE APPLICATION CONTENT
The Mobile Application content hosted on the Mobile Application is subject to change as and when required without any prior notice. We do not expressly and impliedly regulate the information posted on our Mobile Application by third parties or users. You agree that while some information posted on the Mobile Application by the third party users may be offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled, the Mobile Application is not liable or associated with the same in any way.
You agree that the operation of the Mobile Application is a complex task and due to some human or accidental error we may put some content on the Mobile Application which may be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled. You agree that you will notify us to remove such content instead of taking any legal recourse.
Our Services, the Mobile Application and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about the content, service, products, services, security, privacy of data or any other matter incidental to the Mobile Application or its operation other than the liability incurred due to negligence of our employees.
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes with other users or third parties through or on our Mobile Application.
LIMITATION OF JURISDICTION
In some jurisdictions, certain exemptions or limitations, as described in this agreement do not hold. In such jurisdictions, the limitations and exemptions shall apply to the maximum permissible extent.
USER AGREEMENT AS DEFENSE
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
CLASS ACTIONS ARE BARRED
You expressly agree that you will not bring any class action against us unless we agree to such proceedings against us. Unless both parties agree, the arbitrator shall not consolidate or join the proceedings against us or you as a class of users.
SWEET PEA SERVICE and GUARANTEES
Sweet Pea reserves the right to modify or terminate the Sweet Pea service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Sweet Pea does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Sweet Pea control.
LIMITATION OF LIABILITY
In no event shall Sweet Pea , and (as applicable) Sweet Pea subsidiaries, officers, directors, employees or Sweet Pea suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Sweet Pea services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Sweet Pea liability, and (as applicable) the liability of Sweet Pea subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Sweet Pea and (as applicable) Sweet Pea parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts. .
NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Sweet Pea service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Sweet Pea net income).
ENTIRE AND UNMODIFIED AGREEMENT
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
The Sweet Pea team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at firstname.lastname@example.org.
You consent to receive notices and information from us in respect of the Mobile Application and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
We would like to state, at the outset, that we do not sell, rent, distribute, transfer, lease or loan your data to any third party without your express consent. We DO NOT indulge in sending your information to third parties for promotional or advertising access.
NO RESERVATIONS and EXPRESS AGREEMENT
The policy constitutes a part of the terms of service. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our website. In case there exists a conflict, we request you to kindly contact us for the final provision and interpretation.
“Collect” means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
“Direct Marketing” involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication. The goods or services which are marketed may be those of a Related Body Corporate or those of an independent third party organization.
“Disclosure” generally means the release of information outside mobile application, including under a contract to carry out an “outsourced function.”
“Expressly Informed” means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
“Opt Out” means an individual’s expressed request not to receive further Direct Marketing communications.
“Personal Information” means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address.
“Primary Purpose” is the main reason for the Collection of any Personal Information.
“Reasonable Expectation” means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the relevant purpose.
“Secondary Purpose” means a purpose of Use or Disclosure other than a Primary Purpose.
“Using” includes but is not limited to visiting, registering, buying, selling, listing, posting. Communicating through us, using vouchers and accessing the contents of website.
“Mobile Application” means the [name of mobile application] and related webpages, operating primarily at www.sweetpeameals.com performing the services as listed in it.
1. COLLECTION OF PERSONAL INFORMATION
Information given by you
1.1 We collect Personal Information about customers, prospective customers and Website users which is reasonably necessary for, or directly related to, one or more its functions or activities. We collect your Personal Information in several ways, including but not limited to:
a) The registration process on our Website;
During registration, we require the user to provide us with following information.
Place of residence along with pin code
b) Other instances in which you provide Personal Information via our Website;
c) Over the phone.
1.2. You are required to provide all the mandatory information (marked with *) required in our registration form without any reservation or limitation whatsoever.
1.3. Apart from registration, the Personal Information that we collect includes (but is not necessarily limited to): your first name, your last name and your email address.
1.4 If you wish to ‘refer a friend’ to us, that friend must register themselves – we will not enter their Personal Information on their behalf.
1.6 We will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.
Information Collected by Third Parties
1.7. (a) Third party links for advertisement or ancillary purposes
Our website may contain certain third party links or advertisements. These third party links do not belong to us and thus, we do not assume any liability for any loss or dispute arising out of the information entrusted to them by you. It may be the links of our Sponsors or independent associates. Your information shared by you on their website.
1.7(b) Information collected by Third Party users for Delivery
We will allow you to provide your home or work address to the cooks listed on the website to deliver you the food. We also allow you to collect information from other users in order to facilitate a pick up.
1.8. We also reserve the right to promote our website and related content through other websites and blogs. These websites may or may not collect anonymous information about you. We shall not be held liable for any breach of loss of data arising out of the same. We do not share any personally identifiable data with these third party websites.
1.9. You can always decide not to permit us to employ your data in third party services by sending a request at email@example.com
Automatic Collection of Information through Cookies
1.11. We accept that we collect certain information about the user through cookies and other related mechanisms. The information is purely technical in nature. The collection of the information is necessary for
To obtain website statistics and usage data
To improve website experience and make it more personalized.
To fulfill advertisement concerns.
1.12. We assure you that none of the information collected under this category are personally identifiable in nature. The data does not identify you personally through your name, contact, address or any other related information.
1.13. We maintain the right to use such information for market strategies, business research and internal surveys. We may use the information for advertising and related revenue purposes without any prior information.
2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT
2.1 We hold Personal Information which it has collected to Use and/or Disclose for its Primary Purposes, including but not limited to:
a) Promoting daily deals to you;
b) Answering your inquiry;
c) Sending you additional materials relating to our mobile application and products and services that may be of interest to you; and
d) Providing you with effective customer service.
2.2 We also hold Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us using and/or Disclosing your Personal Information for the following Secondary Purposes:
a) Billing and account management;
b) Business planning and product development;
c) Enabling us to better understand your needs and interests;
d) Improving the content, functionality and usability of our Website; e) improving our marketing and promotional efforts;
f) Displaying personalized advertising when you visit our Website;
g) Coordinate, plan and offer you better grocery deals
h) For any other purpose identified in any other agreement between us and you;
i) Issues, news or other information relevant to your dealings with us, or about our mobile application generally; and
a) The Secondary Purpose is related to a Primary Purpose; and
b) You would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.
2.4 From time to time we may disclose your Personal Information to organizations outside of the mobile application in order to deliver the services you require. Your Personal Information is disclosed to these organizations only in relation to us providing our services to you. These organizations carry out, amongst other services, our:
a) Billing and debt- recovery functions;
b) Customer inquiries;
c) Information technology services;
d) Marketing services (including market research);
e) website usage analysis; and
2.4. We will take reasonable practicable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
3. DIRECT MARKETING
a) That has been Collected from you in circumstances where:
i. You have provided consent to do so; or
ii. It is within your Reasonable Expectations; or
iii. Where it is impracticable to obtain your consent;
b) That has been Collected from any third party in circumstances where:
I. you have provided consent to do so; or
ii. It is impracticable to obtain your consent.
3.3 In each Direct Marketing communication, we will include a:
a) Prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and
b) Simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.
3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes.
3.5 We will not Use your Sensitive Information for Direct Marketing purposes.
4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date.
However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
a) Let us know if there are any errors in your Personal Information; and
b) Keep us up-to-date with changes to your Personal Information such as your name or address.
You may change your personal details by using the relevant facility on our Website.
5. PROTECTING YOUR INFORMATION
5.1 We will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorized access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be used or Disclosed in accordance with the law, subject to the exceptions contained therein.
5.2 We will not attempt to match de-identified or anonymous data Collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
5.4 We will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” as well as “right to know.”
6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
6.1 We will permit its records containing your Personal Information to be accessed by you when required by the law. We may, however, refuse to provide you with access to your Personal Information in instances which include:
a) We reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);
b) Giving access to the information would have an unreasonable impact on the privacy of any other individual;
c) Your request for access is frivolous or vexatious or giving such access will be unlawful
6.2 If we are satisfied that:
a) Having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or
b) You (as the person to whom the Personal Information relates) request that we correct the information;
c) We will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the Australian laws.
6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.6.4 If you:
a) Wish to lodge a request to access and/or correct your Personal Information; or
b) Have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal; you may do so by contacting our Chief Operating Officer.
6.5 We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. We reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a three month period.
6.6 Where we offer online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
7.1 Our Chief Operating Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office.
8. STAYING ANONYMOUS
8.1 We will not make it mandatory for visitors to its mobile application to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. We may however request visitors to provide Personal Information voluntarily to us (for example, as part of a competition or questionnaire).
9. TRANSFERRING INFORMATION OVERSEAS
9.1 If we send Personal Information overseas, we will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the law.
9.2 We may disclose Personal Information to an overseas recipient without complying with 9.1 if:
a) You are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or
b) We reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the relevant Australian law seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or
c) The Disclosure is required or authorized by any Australia court or tribunal or under Australian law.
10. SECURITY POLICY
We maintain that security and safety of your data and personal information is of utmost importance to us. We have employed highest possible standard of security measures for the same. We also assure you that all the payment procedures and gateways supported and employed by our website are certified by concerned authorities as secure and safe.
Though we assure you that we have employed adequate physical and highly sophisticated technological methods to secure your data, we cannot guarantee you of absolute data safety. While we will take every reasonable step in protection of your data, we shall not be held liable for unauthorized and unlawful act of third parties that are alien to our control. We shall not be responsible for any unavoidable technical or physical glitch and for acts that are beyond human control.
11. INVITATION SERVICES
We may offer you the opportunity to use our invitation services and application so that you can tell your friends about us. The service will enable you to import at your direction your contact list from certain email services that you may be using and to send an email on your behalf from your email address, inviting your friend to try our website. The information you provide will be used solely to facilitate your sending of the invitation and will not be stored or used by us for any other purpose. If you are a recipient of an invitation and have elected to opt out from receiving any further invitations from us, we will retain your email address solely for the purposes of honoring your opt-out further invitations.
13. NO LIABILITY AS TO ACTS OF COOKS
While we use your home address for delivery or pick up, any order you place with any cook is sent directly to him for delivery. The address is reflected in the account of the cook for his/her eyes only. At no point of time, we will release your address or telephone number on the website for public display. Cooks are independent merchants selling their food through our website. We shall not be liable for any loss of data that occurs due to the act of the cooks as they are not subject to our control. We do not control or provide delivery services either.
14. REVIEWS AND TESTIMONIALS
We request you to be objective and clear while providing your reviews of the cooks, their skills and foods. Please do not use explicit and derogatory terms. Also, do not share the addresses and names of the cooks if it is not available in the profile of the cook.
15. CONTACTING US
We are always there to help you at firstname.lastname@example.org.