By using the homefuud Inc.website, mobile application (application, app) and APIs, you agree to be bound by these terms and conditions.
1.1 Homefuud Inc. (“Homefuud”, “we”, “us”) is a private limited company incorporated under the laws of Canada with the name “Homefuud Inc.” under Corporation Canada business number 742560717RC0001 and Ontario Corporation Number (OCN) 003183943.
1.2 Homefuud Inc. operates Mobile applications, mobile application, social media channels and APIs and provides a platform, services and online market place by which users (hosts) may inviteother users (foodies) to host and offer meals at their homes.
1.3 Your use of the Homefuud Inc.mobile applications, mobile application and services offered is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
1.4 In these T&Cs users who offer meals at their home (in that capacity) are referred to as “Hosts” and users who make reservations to use those services are referred to (in that capacity) as “foodies”.A single user may be a Host and a Foodie in relation to services rendered.Homefuud Inc. provides a platform and an online marketplace allowing Hosts and Foodies to contract with each other.
1.5 Unless Homefuud Inc. expressly agrees to the contrary in writing, all your dealings with Homefuud Inc. will be on and subject to the terms of these T&Cs.By using the Homefuud Inc.Mobile applications, mobile application and services, you agree to be bound by these T&Cs.
1.6 These T&Cs may be updated from time to time, updates will be posted on the Homefuud Inc.mobile application and we shall endeavour to notify signed up users of updates, it is however your responsibility to ensure that you remain compliant with the current T&Cs from time to time.We may also modify the operation of the Homefuud Inc.applications and services and the amounts charged and payment mechanisms.These changes will not have retrospective application.If the modified T&Cs are not acceptable to you, your only recourse is to cease using the Homefuud Inc.mobile applications, mobile application and services. If you do not cancel your Homefuud Inc. registration you will be deemed to have accepted the changes.
1.7 Subject to your compliance with these T&Cs, Homefuud Inc. grants you a limited non-exclusive, non-transferable licence to download and install a copy of the applications on each mobile device you own or control and run that application solely for your own personal use. You agree to adhere, in addition to these T&Cs, to the terms and conditions applicable to the device on which you run the application and store from which you download it.Homefuud Inc.Inc. reserves all rights in the application not expressly granted to you by these T&Cs.
1.8 If you do not agree to be bound by these T&Cs, you may not use the Homefuud Inc.mobile applications, mobile application or Homefuud Inc. Services.
2. Downloading & Signing up on mobile application
2.1 Only signed up users may post content on the Homefuud Inc.application and mobile application.Signed up users are identified on the Homefuud Inc. application by their name, alias and photo.Unsigned up visitors may view the Homefuud Inc.application and mobile application. Homefuud Inc. may rank or rate signed up users.As a user you represent to Homefuud Inc. that you will only use the Homefuud Inc.application, mobile application and Services for lawful purposes.
2.2 You acknowledge and agree that, by accessing or using the Homefuud Inc.application or Homefuud Inc. Services or by downloading or posting any content to or from the Homefuud Inc.application you are indicating that you have read, and that you understand and agree to be bound by these T&Cs.
2.3 By signing up with Homefuud Inc. you agree to adhere to public policies published by Homefuud Inc.(suchas the privacy policy).You may cancel your registration at any time by contact us.If you cancel your registration we shall delete all personally identifiable information to the extent required to comply with applicable laws. You accept that we may terminate any user’s registration at any time.
2.4 You agree to compete the signup process honestly and as completely as you are able, and to keep the registration and other information about you accurate and up-to-date.You may maintain only one registration with Homefuud Inc. andwill not register as a Homefuud Inc. user on behalf of an individual other than yourself.Your registration with Homefuud Inc. is personal to you and may not be sold or transferred without Homefuud Inc.’s prior written agreement.You agree never to disclose your login details or password (except for the purpose of your logging in to the Homefuud Inc.application yourself).
2.5 By signing up as a user with Homefuud Inc. you agree that Homefuud Inc. may request consumer, credit rating and similar reports on you.IfHomefuud Inc. requests any such report, it will request and use it in compliance with applicable law.
2.6 If you link your registration with an accepted third-party social networking site or service you represent that you are lawfully able to do so and that such linking complies with all terms you and the third party have agreed and will not result in Homefuud Inc. incurring any obligations or liabilities.
2.7 You will need to agree to our payment provider’s terms and conditions when you register to make or receive payments.
3. Your Usage
3.1 Apart from the content generated by signed up users, all the elements that make up the Homefuud Inc.Mobile application and Homefuud Inc. Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to Homefuud Inc. (or the person from whom Homefuud Inc. licences it).You agree that you have no entitlement to any part of the Homefuud Inc.Mobile application or Homefuud Inc. Services otherwise than to view content and use the communications facilities in connection with arranging and promoting and issuing, accepting and paying for Homefuud Inc.Reservations in accordance, in each case, with these T&Cs.You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the Homefuud Inc.Mobile application and Homefuud Inc. Services without Homefuud Inc.’s prior written agreement.
3.2 In using the Homefuud Inc.Mobile application and Homefuud Inc. Services you agree that you will not:
3.2.1 Circumvent Homefuud Inc.’s legitimate commercial interests by participating in a transaction independent of the Homefuud Inc.Mobile application and Homefuud Inc. Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the Homefuud Inc. brand in any way;
3.2.2 Use any part of the Homefuud Inc.Mobile application or Homefuud Inc. Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies Homefuud Inc. endorsement, partnership or otherwise misleads others as to your affiliation with Homefuud Inc. or any of its users or partners;
3.2.3 Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to (i) access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Homefuud Inc.Mobile application and Homefuud Inc. Services, or (ii) collect information from or otherwise interact with Homefuud Inc.Mobile application or Homefuud Inc. Services, or (iii) systematically retrieve data or other content from any of the Homefuud Inc.Mobile application to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or similar or analogous collection of information, or (iv) access, tamper with, or use non-public areas of any of the Homefuud Inc.Mobile application and Homefuud Inc. Services or the technical delivery systems of Homefuud Inc.’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the Homefuud Inc.Mobile application or Homefuud Inc.’s Services or Homefuud Inc.’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the Homefuud Inc.Mobile application or any other mobile application, application or electronic communication, or (vii) broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment;
3.2.4 Access or use any of the Homefuud Inc.Mobile application or Homefuud Inc. Services (i) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by Homefuud Inc. in its search results pages or listing pages before a Homefuud Inc.Reservation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by Homefuud Inc.; or (iii) in any way that violates the privacy or any other rights of any other of Homefuud Inc.’s users or any other third party;
3.2.5 Register and/or use any intellectual property of Homefuud Inc. (or persons from which it licences intellectual property) or in the name “Homefuud Inc.” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of Homefuud Inc. or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);
3.2.6 Copy, store or otherwise access or use any information contained on any of the Homefuud Inc.Mobile application for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the Homefuud Inc.Mobile application or Homefuud Inc. Services, or any individual element within the any of the Homefuud Inc.Mobile application or Homefuud Inc.Services, Homefuud Inc.’s name, any Homefuud Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Homefuud Inc.Mobile application and Homefuud Inc. Services, without Homefuud Inc.’s express written consent;
3.2.7 Interfere with or damage any of the Homefuud Inc.Mobile application or Homefuud Inc. Services (including, without limiting the generality of this provision, by 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) or in connection with the distribution of unsolicited emails or advertisements (other than Homefuud Inc.Reservations);
3.2.8 “Stalk” or harass any other user of any of the Homefuud Inc.Mobile application or Homefuud Inc. Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Foodie or Host);
3.2.9 Recruit or otherwise solicit any Homefuud Inc. user to join a third-party service or mobile application whether or not it is competitive to Homefuud Inc., without Homefuud Inc.’s prior written approval;
3.2.10 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by Homefuud Inc. or any of Homefuud Inc.’s providers or any other third party (including another user) to protect any part of the Homefuud Inc.Mobile application or Homefuud Inc. Services, forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any part of any of the Homefuud Inc.Mobile application or Homefuud Inc. Services to send altered, deceptive or false source-identifying information or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the any part of any of the Homefuud Inc.Mobile application or Homefuud Inc. Services; or Advocate, encourage, or assist any third party in doing any of the foregoing.
3.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Homefuud Inc.Mobile application, Homefuud Inc. Services and ancillary documentation.You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Homefuud Inc.Mobile application or Homefuud Inc. Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Homefuud Inc. or its licensors, except for the licenses and rights expressly granted in these T&Cs.
4 Your Content
4.1 Signed up users may post content on the Homefuud Inc.Mobile application.Anything that you post (or otherwise cause to be visible) on a Homefuud Inc.Mobile application is deemed for the purposes of these T&Cs to be content published by you (“Your Content”).Homefuud Inc.’s policy is not to edit or moderate Your Content unless required to do so to ensure compliance with these T&Cs or with your prior consent.You agree that if you have linked your Homefuud Inc. registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
4.2 You are responsible for all Your Content.By signing up to use the Homefuud Inc.Mobile application you agree that:
4.2.1 Any representation that you publish is true;
4.2.2 You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behaviour; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, paedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
4.2.3 None of Your Content shall include any images which you do not owner which include or depict any identifiable person who has not consented to the use of the image;
4.2.4 You shall not use the Homefuud Inc.Mobile application or Homefuud Inc. Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
4.2.5 All Your Content may be made public and associated with you;
4.2.6Homefuud Inc. is under no obligation to store and/or to publish Your Content (and homefuud Inc. may at any time and without prior notice delete Your Content from any part of the Homefuud Inc.Mobile application);
4.2.7 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and Homefuud Inc. operates to transfer any intellectual property rights to you;
4.2.8 You grant (or shall procure the grant) to Homefuud Inc. of a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the Homefuud Inc.Mobile application;
4.2.9Homefuud Inc. may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
4.2.10Homefuud Inc. may use and exploit Your Content (and information that Homefuud Inc. learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote Homefuud Inc.’s Services generally; and
4.2.11 You shall not advocate, encourage, or assist any third party in doing any of the foregoing.
4.3 You agree that any profile photograph that you upload is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Homefuud Inc. to use your image.
4.4 By accepting these T&Cs you grant Homefuud Inc. a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include publishing it on, through, by means of the Homefuud Inc.Mobile application and Homefuud Inc. Services and may also include promoting or marketing the Homefuud Inc.Mobile application and Homefuud Inc. Services). Homefuud Inc. does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
4.5 The Homefuud Inc.Mobile application and Homefuud Inc. Services may provide links or referrals to other mobile application, services, publications or applications. Homefuud Inc. makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such mobile application, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on Homefuud Inc. when assessing or using them and that Homefuud Inc. shall under no circumstance be responsible to you for any failure of any mobile application, services, publications or applications for which it is not responsible.Homefuud Inc. assumes no responsibility for the content of mobile application linked on our site.Homefuud Inc. will not be liable for any loss or damage that may arise from your use of them.In this context you confirm that Homefuud Inc. is not responsible for the actions or failures of its payment providers.
4.6 You agree and consent that Homefuud Inc. may (but is not obliged to) employ translators and copy editors (and may apply automated translation, copy and editing services) to Your Content to change the style or language used by you.Except to the extent that anything done by Homefuud Inc. create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content (and that you shall hold Homefuud Inc. harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content).
5. Data
5.1 By accepting these T&Cs you agree that Homefuud Inc. may collate and analyse data resulting from your use of the Homefuud Inc.Mobile application and Homefuud Inc. Services and may use and sell the resulting information.
5.2 Homefuud Inc. will use reasonable endeavours to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, necessary to provide the Homefuud Inc. Services or to operate the Homefuud Inc.Mobile application or as permitted by clause 5.3.
5.3 You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
5.4 To the extent required by applicable law, Homefuud Inc. shall on request of the relevant signed up user delete all information that is personal to that signed up user. Homefuud Inc. may however (subject to applicable laws) retain data that may have been obtained by previous interactions with Homefuud Inc. provided that that data cannot be linked to any individual person.
5.5 Homefuud Inc. reserves the right to market the results of this automatic data handling.
5.6 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Homefuud Inc., including by inappropriately using any Homefuud Inc. intellectual property.
6 Verification
6.1 By signing up at Homefuud application, you expressly grant us permission, without further notice, to call you over phone, access your social media profile and verify your identity subject to a questionnaire. Homefuud Inc. reserves the rights to ask to meet you in person if required.
6.2 Homefuud Inc. reserves the right to deny you access to the application at any time, at sign-up or after allowing you access once. Homefuud Inc. reserves the right to block you from accessing the mobile application presently or in future.
6.3 Homefuud Inc. only verifies the identity of a user and does not guarantee his or her behavior post sign-up. A host is responsible for his or her safety when they open the doors to their homes. Homefuud Inc. will not be liable to any loss of property, damage to property or person. Host is responsible to verify the identity of foodie by looking at their social media profile.
6.4 if a host feels uncomfortable or uncertain about a foodie, he or she can deny entry to the foodie by cancelling their reservation request. It is advised that the host notify us via email or message, so appropriate actions can be taken by Homefuud Inc.
7. Financial arrangements
7.1 When hosting a meal, Hosts state the fees that they will charge each Foodie, these fees are quoted exclusive of all sales and analogous or other taxes.Homefuud Inc. arranges a service for these fees to be collected and held in a third-party trust account on terms that the funds will be paid in accordance with these T&Cs (arranging this collection and holding service constitutes a part of the Homefuud Inc. Services).Homefuud Inc. may charge Foodies a fee for the use of the Homefuud Inc. Services.Acceptance of a Homefuud Inc.meal reservation constitutes agreement to pay the Host’s Charges and any Homefuud Inc. Fees.The total amount of the Transaction Fees is the amount payable by the Foodie in respect of each Homefuud Inc.
7.2 Where applicable, the Homefuud Inc. Fees are calculated as a variable percentage of the host’s charges.Any Homefuud Inc. Fees are payable by the Foodies at the same time as payment of the Host’s Charges.To the extent that the Homefuud Inc. Fees are subject to sales taxes, these taxes will be included in the total amount payable by the Foodie in respect of the Transaction Fees.Where Homefuud Inc. charges Homefuud Inc. Fees it shall on request provide an invoice in respect of those Homefuud Inc. Fees, separately identifying any sales taxes charged by Homefuud Inc.
7.3 Hosts agree and acknowledge that they are responsible for discharging all their own tax obligations (including sales taxes including, but not limited to, VAT) whether these are imposed on a state, local or other level. Homefuud Inc. assumes no obligations whatsoever in this regard. Homefuud Inc. assumes no responsibility (actual or deemed) to notify or explain to Hosts, or to enquire into, sales taxes treatment of any Hosts or Meals.
7.4 If Homefuud Inc. so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Foodies shall provide to Homefuud Inc., promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Meals in which they have participated. Hosts shall, promptly on request, provide to Homefuud Inc. all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Meals in which those Hosts have participated.Each Host agrees to indemnify Homefuud Inc. for any VAT or similar sales tax obligations which Homefuud Inc. is required to pay and which arise wholly from Meals hosted by that Host.
7.5 You may only make payments in respect of Homefuud Inc. reservations through the payment processing facilities provided on the Homefuud Inc.Mobile application, by special arrangement with Homefuud Inc. through its direct booking services or of through a third-party agency that is authorised by Homefuud Inc. to provide those parts of the Homefuud Inc. Services relating to processing payments.Please check with Homefuud Inc. to ensure that any third-party with whom you are dealing is properly authorised by Homefuud Inc.If the Homefuud Inc.Reservation is transacted through an authorised third-party you may not be required to pay any Homefuud Inc. Fees, but the authorised third-party agent may instead charge an administration fee.
7.6 You agree that the sole and exclusive role and responsibility of Homefuud Inc. (and any of its authorised third-party agents) in providing Homefuud Inc. Services relating to processing payments is to arrange the collection of payments from Foodies and for the payment of the amounts collected in accordance with these T&Cs (and you agree that they have no other or further liability to you in respect of any payment made).
7.7 Payments are made by Foodies through selected payment providers.The terms on which the payment providers hold funds are stated in their terms.Homefuud Inc. may receive amounts due to Hosts from payment providers, where it does so such funds will be held in a bank account (separate from Homefuud Inc.’s own trading bank account) until they are transferred to the Host (or, where appropriate, reimbursed to the Foodie).
7.8 Homefuud Inc. may “round off” numbers to the nearest functional base unit in the relevant currency.Homefuud Inc. uses commercial currency exchange operators and signed up users accept the risks in fluctuations in currency exchange rates
8. Disputes, resolution and refunds
8.1 Foodies may need to cancel a Homefuud Inc.Reservation that they have previously accepted, in such cases a host defined penalty will be applied. Each host will define a cancellation policy that a foodie is responsible to verify before making a reservation.
8.2 We hope all Foodies enjoy every meal, however sometimes things go wrong and if a Foodie believes that the Host failed to fulfil an essential obligation then the Foodie may until midnight on the day following the date on which the relevant meal was scheduled to take place request that the whole or a part of the payment is refunded by sending an email to info@homefuud.com specifying the mealtransaction, identifying the Host, specifying the amount of the Transaction Fees, saying how much the Foodie wishes to be reimbursed and giving as much information as possible in relation to the problem/ relevant failures/ reasons for believing that payment should be refunded.
8.4 If you have a dispute relating to a meal, we encourage you (although this is not compulsory) to contact our claims department at customersupport@homefuud.com to resolve the dispute amicably.
8.5 It is important that if, as a Foodie, you are not satisfied with a Host or a meal you notify Homefuud Inc. before midnight on the day following the date on which the relevant Meal was scheduled to take place.OnceHomefuud Inc. has released funds to the Host, it is unable to offer Foodies any remedy.
8.6 Following receipt of a refund request Homefuud Inc. may direct that an amount up to the entire value of the Transaction Fees paid by the Foodie (less payment transaction costs and any third-party agency fees that Homefuud Inc. is not entitled to recover) is refunded to the Foodie.If, however, Homefuud Inc. believes that the complaint is without merit, of limited merit or that Homefuud Inc. is not able to assess the merit of the complaint, then Homefuud Inc. may direct that the whole or any part of the Transaction Fees are paid to the Host and/ or that the balance (if any) is withheld pending resolution of the dispute between the relevant Host and the Foodie.If no such resolution has been reached within six months, Homefuud Inc. may direct that 50% of the disputed element of the Host’s Charges is paid to the Host and that 50% of the disputed element of the Host’s Charges is paid to the Foodie (and the Homefuud Inc. Fees shall be paid to Homefuud Inc.) or may make such other arrangements as then appear appropriate to it (which may include making payment as directed by a Court of competent jurisdiction).Homefuud Inc. shall have no further or other liability or responsibility to the Host and Foodie in respect of any such claim to be refunded.You agree to abide by decisions made by Homefuud Inc. (even if the decision appears perverse to you).
8.7 Homefuud Inc. agrees to use reasonable endeavours to assess merits of claims and to act in good faith toward Foodies and Hosts, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Foodies and Hosts or any direction it gives as to the payments to be made to Foodies or Hosts in accordance with this clause and you also agree that Homefuud Inc. may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the Host or Foodie.
8.8 Homefuud Inc. will endeavour to make refunds to Foodies through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it will may require other verification before the refund can be processed.TheFoodie agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.
8.9By accepting these T&Cs you agree that if Homefuud Inc. has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
8.10Homefuud Inc. has not responsibility or liability in respect of any failing by a payment processor or authorised agent.
9 Exclusions and limitations to Homefuud Inc.’s responsibility and liability
9.1 You agree by issuing or accepting a Homefuud Inc.Reservation you do not create any relationship with Homefuud Inc. save as expressly provided in these T&Cs.Homefuud Inc. does not control, and has no right to control, your Homefuud Inc.Reservation, your offline activities associated with your Homefuud Inc.Reservation, or any other matters related to any Homefuud Inc.Reservation that you publish.
9.2 Signed up users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the Homefuud Inc.Mobile application and not, when using the Homefuud Inc.Mobile application or Homefuud Inc. Services, to make any factually incorrect, fraudulent or misleading statements or representations.By accepting these T&Cs you agree that Homefuud Inc., its payment providers and/or other partners may request identity verification from you (and you agree to comply with such requests as are reasonable made) and may use other information or resources available to them to verify your identity, to undertake regulatory checks and to help limit improper use of the Homefuud Inc.Mobile application, Homefuud Inc. Services and other services provided by the payment providers and other partners.Homefuud Inc. does not, however, undertake any obligation to you to undertake any such checks and you agree that Homefuud Inc. does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the Homefuud Inc.Mobile application or Homefuud Inc. Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by Homefuud Inc. you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
9.3 To the extent permitted by law, Homefuud Inc. excludes all conditions, warranties, representations or other terms which may apply to the Homefuud Inc.Mobile application and Homefuud Inc. Services or any content on them, whether express or implied. Homefuud Inc. will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1 Use of, or inability to use, any of the Homefuud Inc.Mobile application or Homefuud Inc. Services; or
9.3.2 Use of or reliance on any content displayed on any of the Homefuud Inc.Mobile application or Homefuud Inc. Services.
9.4 Subject as provided in clause 8.3, Homefuud Inc. will not be liable for:
9.4.1 Loss of profits, sales, business, or revenue;
9.4.2 Business interruption;
9.4.3 Loss of anticipated savings;
9.4.4 Loss of business opportunity, goodwill or reputation; or
9.4.5 Any indirect or consequential loss or damage.
9.5 Homefuud Inc. will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any mobile application linked to it.
9.6 By using the Homefuud Inc.Mobile application and Homefuud Inc. Services, you agree that (subject as provided in clause 8.3) any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Homefuud Inc.Mobile application and Homefuud Inc. Services or other third parties will be limited to a claim against the individual or other third party who caused you harm.You agree not to attempt to impose liability on or seek any legal remedy from Homefuud Inc. with respect to such actions or omissions.
9.7 You agree that to the maximum extent permitted by law Homefuud Inc. has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the Homefuud Inc.Mobile application or error or omission in information or processing provided on or by the Homefuud Inc.Mobile application or loss of information provided to the Homefuud Inc.Mobile application.
9.8 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
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9.9 You agree and confirm that if you choose to use any of the Homefuud Inc.Mobile application or the Homefuud Inc. Services to enter any arrangement with another person (whether in your capacity as a Foodie or as a Host) you should enter an agreement with that other person (that agreement may be or comprise the terms and conditions on which the Homefuud Inc.Reservation is offered and accepted).You agree to adhere to the terms of any such agreement.You acknowledge and agree that you, and not Homefuud Inc., are responsible for ensuring that each counter-party to any such agreement complies with the terms of that agreement and satisfies any obligations the counter-party has to you.By agreeing to these T&Cs you also agree that Homefuud Inc. is not a party to any agreement between you and any other person (whether as Foodies, Hosts, agents or in any other capacity) and that (except to the extent that Homefuud Inc. or any of its agents agrees on and subject to the terms of clause7 and the other provisions of these T&Cs and as part of the Homefuud Inc. Services to arrange the collection, holding and payment of Transaction Fees as part of the Homefuud Inc. Services) Homefuud Inc. has no liability to you or any other person arising from or related to any agreements between Foodies and Hosts.
9.10 Subject to the provisions of clause 9, you agree that none of Homefuud Inc., its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the Homefuud Inc.Mobile application or the Homefuud Inc. Services even if Homefuud Inc. has knowledge or has been informed of the likelihood of the occurrence of such damage.
10 Cancellation and suspension
10.1 You may terminate your registration at any time by sending us an email from your signed-up email account to info@homefuud.com
10.2 Homefuud Inc. may terminate or suspend your registration for convenience at any time by giving you notice via email to your signed-up email address.
10.3 If your Homefuud Inc. registration is cancelled all Meals in respect of which you had issued Homefuud Inc.Reservation will be automatically cancelled and all Meals in respect of which you had accepted a Homefuud Inc.Reservation will also be automatically cancelled.Contingent on the applicable cancelation policy, an appropriate refund may be issued.
11 Miscellaneous
11.1 You declare and guarantee to Homefuud Inc. that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
11.2 Some portions of the Homefuud Inc. platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
11.3 If you become aware of any content on any of the Homefuud Inc.Mobile application that you suspect has been posted in breach of these T&Cs please notify us by email at info@homefuud.com .It will be helpful if you are able to include (a) details of the content concerned, (b) information to enable us to locate the content in question on the Homefuud Inc.Mobile application, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number), (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of the owner.
11.4 You acknowledge and agree that Homefuud Inc. may store personal and other information about you on your electronic devices in the form of “cookies” and other programs and devices. The use of these solely concerns the functioning of the Homefuud Inc.Mobile application. You acknowledge and agree that if you do not allow or limit the placing of cookies on your devices, this ban or restriction may have an adverse effect on your use of the Homefuud Inc.Mobile application.You acknowledge and agree that Homefuud Inc. may also store your personal information on computers and servers in Canada, United States of America and beyond its borders. By using the Homefuud Inc.Mobile application, you acknowledge and agree that Homefuud Inc. may, at its sole discretion store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
11.5 The Homefuud Inc. mobile application is hosted and managed by Homefuud Inc.
11.6 For any question relating to the Homefuud Inc. mobile application, you can contact us by email: info@homefuud.com.
11.7 Reference to in these T&Cs to:
11.7.1 A “person” or “corporation” includes a reference to all legal or natural persons, partnerships, trusts, companies, governments or local authority departments and other bodies and associations (whether corporate or unincorporated);
11.7.2 An individual includes where appropriate his personal representatives;
11.7.3 The singular includes a reference to the plural and vice versa; and
11.7.4 One gender includes each gender (feminine, masculine and neuter).
11.8 References to Homefuud Inc. in the context of obligations or liabilities owed to Homefuud Inc. or other benefits or assurances given to Homefuud Inc. shall be deemed to include reference also to any company which is a subsidiary undertaking of Homefuud Inc.
11.9 No failure or delay by Homefuud Inc. to exercise any right or remedy under these T&Cs shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.No waiver by Homefuud Inc. of any breach of these T&Cs shall be considered as a waiver of a preceding or subsequent breach.The rights and remedies provided in these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law.
11.10 These T&Cs and the documents referred to in these T&Cs (as in each case updated from time to time) constitute the whole agreement between you and Homefuud Inc. governing our relations and supersede all other agreements between you and Homefuud Inc. prior to the date of these T&Cs, which shall cease to have any further effect.
11.11 If a provision of these T&Cs is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, it shall to that extent be deemed not to form part of these T&Cs and the enforceability of the remainder of these T&Cs shall not be affected.
11.12 These T&Cs shall be governed by and construed in accordance with Canadian law and Homefuud Inc. and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the Canadian courts.