User Agreement

Last updated on November 19th 2016

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

The Service of ourhomecook enables language learners to find and contact prospective private/freelance language tutors, and enables private/freelance language tutors to be contacted by prospective language learners.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. Ownership

2.1 Copyright 2016Ourhomecook Inc. All Rights Reserved.

2.2 Subject to the express provisions of these terms and conditions:

  • (a) we, together with our licensors, exclusively own and control all the copyright and other intellectual property rights in our website, the Services and the material on our website; and
  • (b) all the copyright and other intellectual property rights in our website, the Services and the material on our website are reserved.

3. Licence to use website

3.1 You may:

  • (a) view pages from our website in a web browser;
  • (b) download pages from our website for caching in a web browser;
  • (c) print pages from our website;
  • (d) stream audio and video files from our website; and
  • (e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purposesand not for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

  • (a) republish material from our website (including republication on another website);
  • (b) sell, rent or sub-license material from our website;
  • (c) show any material from our website in public;
  • (d) exploit material from our website for a commercial purpose; or
  • (e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3.7 By posting content on the Website, you are granting Ourhomecook a non-exclusive, worldwide, perpetual, irrevocable, non-royalty license and right to use, display, publish, manipulate, and broadcast such content, and to exercise any copyright or other intellectual property rights of that content.By posting such contentyou represent and warrant to Ourhomecook that you have the right to grant to Ourhomecookthe foregoing license.

4. Acceptable use

You must not:

  • (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • (e) access or otherwise interact with our website using any robot, spider or other automated means;
  • (f) violate the directives set out in the robots.txt file for our website; or
  • (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities in a manner or for a purpose inconsistent with the purposes of the ourhomecook.com website.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and Memberships

5.1 To be eligible for an individual membership on our website under this Section 5, you must be, and you warrant that you are:

  • (a) at least 18 years of age;
  • (b) not, nor have you ever been, the subject of a complaint, restraining order, legal action or criminal offence charge involving endangering the safety and wellbeing of others, including, without limitation, violence and sexual misconduct;
  • (c) not, nor have you ever been, registered, or required to register, as a sex offender with any government agency in any jurisdiction.

5.2 You may register for a membership with our website by completing and submitting the membership registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your membership.

5.4 You must not use any other person's membership to access the website, unless you have that person's express permission to do so.

6. User IDs and passwords

6.1 If you register for anmembership with our website, you will be asked to choose a user ID and password.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your membership or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us by email immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of membership

We may, in our discretion and without liability to you, with or without cause, with or without notice and at any time:

  • (a) suspend your membership;
  • (a) suspend your membership;
  • (a) suspend your membership;(c) edit your membership details,

at which time your username and password will be disabled and you will not be able to access our website, the Services, your account or your content.

7.2 You may cancel your membership on our website using your membership control panel on the website.

8. Content Rules

8.1 We may, in our sole discretion, permit you to post, upload, publish, submit or transmit any content to our website. By making available any content on or through our website, you hereby grant Ourhomecook Inc. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through or by any meansto promote or market our website and Services.

8.2 You acknowledge and agree that you are solely responsible for all Content that you make available through our website and Services. You further warrant and represent that the content uploaded to your Member Profile and any communications with other Site Members and Hosts (collectively the “Content”) will comply with these terms and conditions.

8.3 Your Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

8.4 Your Content, and the use of your Content by us in accordance with these terms and conditions, must not:

  • (a) be libellous or maliciously false;
  • (b) be obscene or indecent;
  • (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • (d) infringe any right of confidence, right of privacy or right under data protection legislation;
  • (e) constitute negligent advice or contain any negligent statement;
  • (f) constitutean incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • (g) be in contempt of any court, or in breach of any court order;
  • (h) be in breach of racial or religious hatred or discrimination legislation;
  • (i) be blasphemous;
  • (j) be in breach of official secrets legislation;
  • (k) be in breach of any contractual obligation owed to any person;
  • (l) depict violence in any manner;
  • (m) be pornographic, lewd, suggestive or sexually explicit;
  • (n) be untrue, false, inaccurate or misleading;
  • (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • (p) constitute spam;
  • (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • (r) cause annoyance, inconvenience or needless anxiety to any person.

9. Terms of Service

9.1 You are contracting with Ourhomecook Inc. (“Ourhomecook”) with respect to the use of our OURHOMECOOK.COM website, the provision of our services and payments conducted through our website.

9.2 Ourhomecook provides an online platform that connects Hosts who offer cooking and dining services with Site Members seeking to purchase such services (the “Services”).Ourhomecook is not a party to any relationship that forms between any Host, Site Member, or any third party, and Ourhomecook shall not be liable in any way to a Host, Site Member, or any third party, for any loss or damage, or any third party claim, demand or action, howsoever arising, either directly or indirectly, from such relationship or agreement for services between the Host and the Site Member or any third party.

9.3 By using our website you agree to comply with and be legally bound by the terms and conditions of this User Agreement (the “Agreement”), whether or not you become a registered user of the Services. This Agreement governs your access to and use of our website, our Services and all content, and constitutes a binding legal agreement between you and Ourhomecook. If you do not agree with these terms and conditions, you have no right to use our website or Services.

9.4 Please also read carefully our Privacy Policy which are incorporated herein by reference. You agree our Privacy Policy governs our collection and use of your personal information.

9.5 Our website and Services comprise of an online platform through which cooks/hosts (“Hosts”) create listings for events, menus and dishes and Site Members learn about and book accommodations directly with Hosts in exchange of a service fee. You understand and agree that Ourhomecook is not a party to any agreements entered into between the Hosts and Site Members. Ourhomecook has no control over the conduct of Hosts, Site Members or other users of our website, nor does it have control over the quality or safety of the Services or meals and events provided by the Hosts. Ourhomecook expressly disclaims all liability in this regard to the maximum extent permitted by law..

9.6 You acknowledge and agree that, by accessing or using our website or Services or by downloading or posting any content from or on our website, you are indicating that you have read, and that you understand and agree to be bound by the terms, whether or not you have registered with our website.

10. Payment, Cancellation and Refunds

10.1 You warrant that in using the online payment facility made available on our website that you are authorized to use the debit or credit card (“Card”) for the payment or payments you are making.

10.2 Upon booking a Service, your Card information will be held in our system in accordance with the terms of this Agreement.

10.3 If you cancel a bookingmore than 36 hours before the Service then Ourhomecook will provide you with a 100% refund.

10.4 If you cancel a booking within 36 hours or less of the Service then Ourhomecook will charge a cancellation fee of 25% (10% of which is paid to the Host) and provide you with a 75% refund.

110.5 Once the Service starts then 100% of the fee is due and payable unless a complaint is received from you. An email will be sent to you two hours after the completion of the Service requesting a payment confirmation. Payment will be processed upon receivingyour payment confirmation or, in the event that you fail to issue a complaint regarding the Service or do not complete the payment confirmation within three days of the Service, on the expiration of said three day period.

10.6 If a Host or cook cancels a booking, Ourhomecook will apply a credit of the full amount of the fee to your account. This credit may subsequently be applied to any future booking made through our website.

10.7 In the event that a Host or Cook chooses to cancel a booking within 36 hours they will be assessed a poor rating unless a valid reason is provide for the cancellation.

10.8 In certain circumstances, Ourhomecook may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made through our website. Such cancellation may be made for any reason Ourhomecook considers appropriate.

11 .User Conduct

11.1 You understand and agree that you are solely response for compliance with any and all laws, regulations, rules and tax obligations that may apply to your use our website and the Services.

11.2 You agree that you will not:

  • (a) violate any federal, provincial or municipal law or regulation or any court order, including without limitation all food preparation regulations;
  • (b) copy, store or otherwise access or use any information contained on our website, Services or website content for purposes not expressly permitted by these terms and conditions;
  • (c) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;(c) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (d) interfere with or damage our website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (e) use our website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or site membership numbers;
  • (f) "stalk" or harass any other user of our website, Services or website Content, or collect or store any Personally Identifiable Information about any other user other than for purposes of transacting as a Host or Site Member;
  • (g) Propose as a Host, any food preparation services without acting accordingly to all legal requirements regarding food preparation;
  • (h) register for more than one ourhomecook.commembership or register for an ourhomecook.commembership on behalf of an individual other than yourself;
  • (i) contact a Host on the platform for any purpose other than asking a question related to a booking or a menu;
  • (j) recruit or otherwise solicit any Host or Site Member to join third-party services or websites that are competitive to Ourhomecook;
  • (k) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (l) use our website, Services or website content to find a Host and then complete a booking independent of our website or Services, in order to circumvent the obligation to pay any Service Fees related to Ourhomecook’s provision of the Services or for any other reasons;
  • (m) as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; or

12. Limited warranties

12.1 We do not warrant or represent:

  • (a) the completeness or accuracy of the information published on our website;
  • (b) that the material on the website is up to date; or
  • (c) that the website or any service on the website will remain available.

12. Limitations and exclusions of liability

12.1 IF YOU CHOOSE TO USE OUR WEBSITE, SERVICES OR WEBSITE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OURHOMECOOK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY SITE MEMBER. OUR WEBSITE, SERVICES, WEBSITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OURHOMECOOK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OURHOMECOOK MAKES NO WARRANTY THAT OUR WEBSITE, ITS SERVICES, WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY FOOD OFFERINGS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OURHOMECOOK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, FOOD OFFERINGS, HOSTS, THE SERVICES OR WEBSITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT OBTAINED THROUGH OUR WEBSITE OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS. YOU UNDERSTAND THAT OURHOMECOOK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR WEBSITE OR SERVICES OR TO REVIEW ANY FOOD OFFERINGS. OURHOMECOOK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COOKS AND HOSTS.

12.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR WEBSITE, SERVICES AND WEBSITE CONTENT, YOUR LISTING OR BOOKING OF ANY FOOD OFFERINGS VIA OUR WEBSITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OUR WEBSITE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OURHOMECOOK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR WEBSITE, SERVICES, WEBSITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE OUR WEBSITE, SERVICES OR WEBSITE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OUR WEBSITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR WEBSITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY FOOD OFFERING VIA OUR WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OURHOMECOOK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.3 You understand that by using the Services you may be exposed to user-posted content that is offensive, misleading or otherwise objectionable to you. Ourhomecook does not make any representations or warranties of any kind as to user-posted content, and the use or or reliance on such content by you is at your own risk and cost. Ourhomecook does not verify user-posted content or perform any background checks on any of its users .

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  • (a) send you one or more formal warnings;
  • (b) temporarily suspend your access to our website;
  • (c) permanently prohibit you from accessing our website;
  • (d) block computers using your IP address from accessing our website;
  • (e) contact any or all your internet service providers and request that they block your access to our website;
  • (f) commence legal action against you, whether for breach of contract or otherwise; and/or
  • (g) suspend or delete your membership on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different membership).

13.3 You agree to release, defend, indemnify, and hold ourhomecook and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our website or Services.

14. Variation

14.1 We may, in our sole discretion, revise these terms and conditions, our website and the Services (including the Service fees) from time to time without prior notice.

14.2 If we modify these terms and conditions, we will post the changes on our website and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. By continuing to access or use our website or Services after we have posted revisions on our website, you are indicating that you agree to be bound by the modified terms and conditions. If the modified terms and conditions are not acceptable to you, your only recourse is to cease using our website and Services and cancel your membership.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 These terms and conditions, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our website, Services and website content and any bookings or listings made via our website. These terms and conditions, together with our Privacy Policy, supersede and replace any and all prior oral or written understandings or agreements between us and you.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with the laws of Alberta, Canada.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusivejurisdiction of the courts of Alberta, Canada.

20. Our Details

20.1 Our GST Number is .

20.2 This website is owned and operated by ourhomecook Inc., and you can contact us using our website contact form or by email to comments@ourhomecook.com.

21. Survival

21.1 The obligations and covenants contained in this user agreement will survive this agreement.

Privacy Policy

Last updated on November 18th 2016

About This Privacy Policy and Using Our Site and Tools

This Privacy Policy applies to the ourhomecook.com website (the “Site”) and is subject to change without notice except where specifically provided in this document. Please read it each time you visit the Site. You may not access and use the Site if you do not agree with this Privacy Policy.  Use of the Site signifies your acceptance of this Privacy Policy.  We will inform you through this Privacy Policy if a material change to the Privacy Policy is made that involves the use of your Personally Identifiable Information (as defined below). Your continued use of the Site will indicate acceptance of the changes.

The Site is owned and operated by Ourhomecook Inc. You can reach us at comments@ourhomecook.com.  We respect your privacy and have written this Privacy Policy so that you are aware of how we collect, store, use and distribute information about users through the Services (as defined below).

Use of the Site is governed by the laws of Alberta, Canada.  When you provide us with information, you acknowledge that the information will be stored and processed on servers rented from a third party company located in the USA.  No one under the age of 18 may use the Site.

The Site contains links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every website you visit through a link or advertisement on the Site.

This Privacy Policy does not extend to the collection, use or disclosure of

  • Information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance, or
  • Non-Personally Identifiable Information (as defined below).

Registration

We make the Site available for use by registered users (“Site Members”) to connect with cooks/hosts (“Hosts”) and order services, all as further described in our User Agreement (collectively the “Services”).

While you may use much of the Site without registration, some of the specific tools and services on our Site require registration. If you use our Site without registering, the only information we collect will be Non-Personally Identifiable Information through the use of cookies as described in below. If you register with the Site, we require you to submit Personally Identifiable Information.

Collection of Information

We aim to collect, use and disclose only such Personally Identifiable Information as is required to enable us to:

  • manage your account,
  • provide the Services,
  • maintain our customer/visitor lists,
  • respond to your inquiries or provide feedback,
  • for identification and authentication purposes,
  • to send you emails about the Site and Services,
  • facilitate communication between Hosts and Site Members,
  • facilitate direct communication between Site Members,
  • enforce this agreement;
  • authenticate accounts; and
  • improve the Site and Services.

We will maintain the confidentiality of any contact Personally Identifiable Information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

Non-Personally Identifiable Information We Collect About You

"Non-Personally Identifiable Information" is information of an anonymous nature, such as the type and version of browser or operating system being used by visitors to the Site. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Site is not considered Personally Identifiable Information. Similarly, business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization is not considered Personally Identifiable Information. Such Non-Personally Identifiable Information is collected or derived by us in the course of operating the Site.

Even if you do not register with the Site, we collect Non-Personally Identifiable Information about your use of the Site through the use of cookies.   A cookie is a piece of data stored on the user's hard drive containing information about the user. Every computer is assigned a different cookie by the Site. The information collected by cookies helps us:

  • dynamically generate content on web pages, and
  • allows us to statistically monitor how people are using the Site and the Services.

This information is used to improve the content of the Website. We may use cookie information to target certain information about the Site and our Services to your browser. Cookies are also used to facilitate a user's log-in, as navigation aids and as session timers.

Aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other Site Members, Hosts or third parties.

Your browser can be set to reject all cookies. If you reject our cookies, certain functions of the Site may not work properly but you do not have to accept our cookies in order to productively use the Site. We do not link Non-Personally Identifiable Information from cookies to Personally Identifiable Information without your permission.

Personally Identifiable Information We Collect About You

“Personally Identifiable Information” means information that identifies a person, such as the person’s full name, home address, email address, telephone number, credit card information or any other information that would allow someone to identify or contact you.  You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Site.

We collect Personally Identifiable Information that you provide to us when you register as a Site Member and/or when you update your member profile.

At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. Some Personally Identifiable Information will be visible to other Site Members and Hosts. We may collect Personally Identifiable Information through:

  • registration processes;
  • communications with you;
  • communications between Site Members;
  • communications between Site Members and Cooks;
  • information downloads;
  • service use;
  • user support;
  • and surveys.

It is always your choice whether or not to provide Personally Identifiable Information but if you choose not to provide certain requested Personally Identifiable Information, in some instances you may not be able to register to use the Services or be able to access and use them at all. In other instances, your choice not to provide certain Personally Identifiable Information may mean that you will not be able to use certain features of the Site. You may change your privacy settings at any time.  Cooks may turn off their profile at any time so that it is not displayed publicly by selecting the proper account

settings. Site Members’ profiles will only be accessible after they have joined a hosted event and then only to Cooks and other Site Members of that hosted event.

Personally Identifiable Information contained in a Site Member’s Profile may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes.   Do not provide personal information in your Site Member Profile that you would not want to be public.

Minors

We recognize that children, including young teens, may not be able to make informed choices about Personally Identifiable Information requested online. In addition, using our Services requires payment by credit card by the Site Member. Accordingly, no one under the age of 18 may use the Site or the Services.

Use of Information

We collect information for the following purposes:

(a) Accounts and Registration - You can browse the site as a visitor without registering. However, in order to use member features of our Services, you must provide certain Personally Identifiable Information to us such as your full name, address, email address, phone number, home address and credit card information. If you choose to register for our Services, we will store your user name and password. We may store this information with your consent so you do not have to re-enter it each time you place an order.

(b) Service Use

- If you place an order from a Host, we may collect your order history including the meals you purchased, the prices you paid, the dates of your purchases and your location.

(c) Preparation of Meals

- Hosts allocated to prepare your order will only have access to your name, contact information and information regarding the meal you ordered, including any additional information about food preferences or dietary restrictions, or special requests provided by you during the order process.

(d) Hosting the Event

- In order to host the event, certain individuals will have access to your name, address, phone number and details of your meal/event. These individuals may contact you using the information you provide to us if they have questions regarding your meal/event.

(e) Dispute Resolution

- If you contact us to address a dispute that arises from the use of the Services, we may collect any additional information you provide to us that is necessary to for the purposes of resolving the dispute.

(f) Transactional Notifications

- We may provide notifications for certain activities relating to your use of our Services despite your indicated e-mail preferences, for example we may send you notices of any updates to our User Agreement or Privacy Policy.

(g) Marketing Communications

- If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication, or by contacting us at comments@ourhomecook.com.

(h) Advertisements

- Advertisements appearing on the Site may be delivered by us or one or more third party web advertisers. These third party web advertisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third-party web advertisers. For the privacy practices of such third-party web advertisers, you should consult the applicable privacy policy for the relevant third-party web advertiser(s).

If we plan to use your Personally Identifiable Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers

We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personally Identifiable Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personally Identifiable Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below). We may share Personally Identifiable Information about you in respect of the Services only with those involved in delivering our Services to you and our third party service providers which include our website host, cloud service provider, analytics providers, email marketing providers and payment processors. Our servers are located in the USA and accordingly your Personally Identifiable Information may be available to its government or its agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personally Identifiable Information. From time to time we may employ third parties to help us improve the Site and/or the Services. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Site and/or the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Important Exceptions

We may disclose your Personally Identifiable Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Site users or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personally Identifiable Information when we believe in good faith that such disclosure is required by and in accordance with the law. We may also disclose your Personally Identifiable Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security

The security of your Personally Identifiable Information is important to us. We use commercially reasonable efforts to store and maintain your Personally Identifiable Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personally Identifiable Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personally Identifiable Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

Listed below are some of the security procedures that The Site uses to protect your privacy:

  • Require both a personal username and a password in order for users to access their Personally Identifiable Information.
  • Use firewalls and malware/virus scanners to protect information held in our servers.
  • Utilize Secure Socket Layer (SSL) encryption in transmitting Personally
  • Identifiable Information to our servers. In order to take advantage of encryption technology, you must have an Internet browser which supports 128-bit encryption.
  • Closely monitor the limited number of our employees who have potential access to your Personally Identifiable Information.
  • Require all our employees to abide by our Privacy Policy and be subject to disciplinary action if they violate it.
  • Back up our systems to protect the integrity of your Personally Identifiable Information.
  • Use a third-party payment system (currently Paypal) to ensure secure payment transactions.

You are also responsible for helping to protect the security of your Personally Identifiable Information. For instance, never give out your email account information or your password for the Services to third parties.

Although Ourhomecook makes every reasonable effort to provide a secure environment for the collection, transfer, storage and other use of Your Personal Information (including third party processing of any credit card information), Ourhomecook shall not be liable for any damages howsoever arising for the disclosure, invasion, corruption, transfer, publication, or distribution of Your Personal Information and its security.

Retention

We will keep your Personally Identifiable Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personally Identifiable Information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personally Identifiable Information due to technological and legal constraints.

Amendment of this Policy

We reserve the right to change this Privacy Policy at any time. Unless stated otherwise, our current Privacy Policy applies to all Personally Identifiable Information that we have about you. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you save a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changes.

Access and Accuracy

You have the right to access the Personally Identifiable Information we hold about you in order to verify the Personally Identifiable Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personally Identifiable Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. We will make every reasonable effort to keep your Personally Identifiable Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personally Identifiable Information as appropriate. As appropriate, this amended Personally Identifiable Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personally Identifiable Information about you enables us to give you the best possible service.

Contact Us

You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at comments@ourhomecook.com.

Last Updated: Nov 15, 2016.