1. Obligatory power of this document and of the Terms of Service
CotFoo Technologies Pvt. Ltd. is a Private Limited Company under the law of India and a registered office located at 22 Sunshine Farms, AB Road, Indore, India, 452012, listed under the number U74999MP2018PTC045236 at the Companies House (hereafter referred to as “CotFoo”, “we”, or “us”). CotFoo provides an online platform that connects hosts, who want to offer meals to list and book with guests seeking to book such meals (collectively, “ Hosted Meal(s)“), which services are accessible at www.cotfoo.com and any other websites through which CotFoo makes the services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms “), whether you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and CotFoo.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
By using the CotFoo Website:
– You are agreeing to be bound to the Guest’s Agreement which forms a contract between yourself and CotFoo (hereinafter referred to as the (“Guest’s Agreement”);
– You are agreeing to be bound by the terms and conditions of Paytm e-money, set out in the Appendix (hereinafter referred to as “Paytm”), which form a contract between yourself and Paytm (hereinafter referred to as “Terms and Conditions of Paytm”;
– You are expressly renewing your acceptance to be bound by the Main agreement. We would advise you to read through the Main agreement again. The Main agreement and the Guest’s Agreement form a contractual whole by which you are bound when you use the CotFoo Website as a “Guest” (as this term is defined in the Main agreement). In the event of a contradiction between a stipulation in the Main agreement and a stipulation in the Guest’s Agreement, the stipulation in the Guest’s Agreement shall prevail. If you do not agree to be bound by the Guest’s Agreement, you are not allowed to use the CotFoo Website as a Guest.
2. The Ownership of a User’s Account
To become a Guest, you must first create a “User’s Account” (as the term is defined in the Main agreement) and complete it by providing, as a minimum, the following obligatory information: Your title – Your family name – Your first name – Your email You are committed to providing a profile photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to CotFoo that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize CotFoo to use your image, and that you grant it a license for use under the conditions set out in the Main agreement. You are committed to provide full, exact and honest information and to keep it permanently up-dated.
3. The CotFoo Menus offered to you
CotFoo Meals (as the term is defined in the Main agreement) that are published on the CotFoo Website are defined and offered by the “Hosts” (as the term is defined in the Main agreement). Before accepting a CotFoo Meal you must read this Agreement in detail and contact the Host if you have any questions. Do not accept any CotFoo Meal if you have any doubts or questions in your mind. We would advise you to read the Main agreement to find out in detail how our commission is calculated, the payment methods we use, and the proportion requested by the Host.
4. Your obligations as a Guest
4.1. Principles of honesty, respect, tolerance and non-discrimination
The “Contact Service” (as the term is defined in the Main agreement) is designed to facilitate your meeting with one or several people from a different culture over a meal that is provided for you. Via this service you can visit a Host’s home, possibly in the presence of other Guests. You agree to respect your Host and the other guests, as well as their respective cultures, and to treat them in a non-discriminatory manner. You agree to abide by your Host’s household rules, such as removing your shoes, when asked to do so by your Host. This list is not exhaustive but under no circumstances should these rules infringe your modesty or integrity.
4.2. Acceptance of the meal you booked
You agree to give your Host prior notice, when you accept a CotFoo Meal, in an exhaustive and truthful manner, of any foods or drinks to which you may be allergic and/or that you may refuse to eat or drink for whatever reason (reasons that you are not obliged to justify). You agree not to accept a CotFoo Meal without obtaining prior confirmation from your Host that their food is free from such foods and/or drinks. If you should accept a CotFoo Meal without having obtained prior confirmation from your Host, or in the knowledge of the presence in the composition of the meals offered of one or several of these foods and/or drinks, then the amount requested by the Host and our commission, including tax, shall remain payable. You cannot ask for a dish to be replaced by another and you will eat and drink the food and drinks offered to you at your own risk. You guarantee to us on this matter that we cannot be held in any way responsible in such a circumstance.
4.3. The responsibility to respect the hospitality offered to you
The most important quality in a Guest is to respect the hospitality offered by their Host. You agree not to enter any part of their premises other than that shown to you by your Host, and not to enter any room without a prior invitation from your Host. You agree not to interfere with your Host’s property, their personal items, and not to move any object without prior invitation from your Host. You agree to accept and respect the presence of other people on the premises, such as for example, without this list being exhaustive, family members and/or friends of your Host. You agree to accept and respect the presence of animals as described, where applicable, in the accepted CotFoo Meal. You state and guarantee that you are not allergic to these animals. You agree not to damage either the premises to which your Host has invited you nor the building, furniture in or around the premises.
4.4. Respect for neighbors and other members of your Host’s household
You agree to respect your Host’s neighbors and not to behave in such a way that may cause any nuisance, particularly noise, to be suffered by neighbors during a CotFoo Meal. Under no circumstances shall we be held responsible if you do not respect this obligation. You agree to take personal responsibility in the event of a claim by a third party in the meal that you do not respect this obligation. You also guarantee us against any claim by a third party in this respect.
4.5. Your obligation to leave your Host once the invitation and meal are finished
The invitation and food experience must last no longer than two hours. You agree to leave the premises at the request of your Host and in all cases upon expiry of the maximum duration estimated by the CotFoo Meal as stated by the Host on the CotFoo Website. Under no circumstances shall we be held responsible if you do not respect this obligation. You agree to take personal responsibility in the event of a claim by a third party or by your Host if you do not respect this obligation. You also guarantee us against any claim by a third party or by your Host in this respect.
4.6. Respect for the contract to which you are agreeing
The definition and publication on the CotFoo Website of a CotFoo Meal constitutes a pre-contractual offer. If you are interested in a CotFoo Meal offer presented by a Host, you can ask the Host if they would accept you as a Guest. If you should be accepted as a guest, the pre-contractual offer shall become a contractual offer. In the event of the acceptance of their contractual offer before the date of the CotFoo Meal offered (the “Term”), a contract shall be made between you and the Host (hereinafter referred to as the “Guest-Host Contract”). Failing acceptance of their contractual offer before the Term, this shall automatically become null and void. In any case, your Host’s offer will close early as soon as the number of Guests having accepted said CotFoo Meal shall be equal to the stated maximum. The Guest-Host Contract is made between the Host and yourself, to the exclusion of CotFoo. The terms and conditions of this Guest-Host Contract are constituted by the terms and conditions defined in said CotFoo Meal as well as, where applicable, the terms of any agreements that you may have made during direct exchanges with the Host, whether these agreements were made via the CotFoo website or not. You agree to respect the terms and conditions of this Guest-Host Contract. In the event that you do not attend the CotFoo Meal at the time and date agreed, the total amount payable by the Guest, as well as our commission, including tax, shall remain payable by yourself and shall be paid to your Host and to CotFoo. In the event of any dispute between you and your Host due to a failure by one of these parties to honor their contractual obligations, CotFoo shall in no way be held responsible. In the unlikely event that the responsibility of CotFoo should be called into question by your Host, or by one or several of the other Guests, or by a third party due to your failure to respect the Guest-Host Contract, you agree to compensate CotFoo for any damage that it may suffer as a result (damage to the company image, economic damage, etc.).
4.7. Respect for the rules and regulations that apply to you
We advise you to make yourself familiar with the regulations, whether fiscal, administrative or of any other nature, that may apply to you. You agree, where applicable, to respect any regulations governing the premises where a CotFoo Meal takes place.
5. Responsibility – Insurance
Under no circumstances shall we be held responsible if you should fail to respect all or any of the above-mentioned obligations. You agree to make any claim by your Host, or by other Guests, your own personal responsibility if you should fail to respect your obligations and you guarantee us against any recourse from your Host and/or from other Guests in this respect. Except as provided in the terms and conditions of the CotFoo website, the CotFoo guest’s Agreement and the CotFoo host’s Agreement (for more information, please contact firstname.lastname@example.org), we are not responsible for any damage or harm resulting from your CotFoo Meal.
6. Photographs published by the Host
You acknowledge that photographs published by the Host may not represent the meal that will be offered to you during the CotFoo Meal.
7. Risks related to being a Guest
You acknowledge and accept that the fact of being a Guest brings with it certain risks and in particular, without this list being exhaustive, the risk that your Host and/or one of the other Guests might break or damage your property; the risk that your Host and/or one of the other Guests may be sick and infect you; the risk that that your Host and/or one of the other Guests may divulge and/or use personal information communicated to them by you, for functions other than the CotFoo Meal alone CotFoo shall not under any circumstances be held responsible for such damage. You agree not to go to your Host’s home if you may risk infecting your Host and/or other Guests and you accept that the amount requested by your Host and our Commission, including tax, shall not be refunded to you.
8. Modification of the Guest’s Agreement
This Guest’s Agreement is a membership agreement that can only be unilaterally modified by and at the sole discretion of CotFoo. CotFoo reserves the right to modify this Guest’s Agreement at any time. Any modification of this Agreement will come into force when it is published on the CotFoo Website and you will be notified immediately by email to the address that you have provided in your User’s Account. By continuing to use the CotFoo Website as a Guest, you agree to be bound by the modified Guest’s Agreement. If you do not accept the modifications that have been made, you may no longer use the CotFoo Website as a Guest and you are obliged to stop accepting CotFoo Meals. We would advise you to print a copy of each version of the Guest’s Agreement that would be applied to you for your records. To ensure that you are fully informed, the date of implementation of each modified Guest’s Agreement is shown in the heading of the document.
9. Ban– Withdrawal of access to the CotFoo Website
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, CotFoo reserves the right to withdraw your access to the CotFoo Website, unilaterally and without prior notice, in the case of failure to comply with this Guest’s Agreement.
10. Capable jurisdiction – clause conferring jurisdiction
These T&Cs shall be governed by and construed in accordance with Indian law and CotFoo 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 Indian courts.
11. Amicable resolution of disputes
Before undertaking legal action in the case of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department to try to resolve the dispute amicably. Our claims service can be contacted:
– By email at the following address: email@example.com,
– By post at the following address: CotFoo – 22, sunshine farms, AB road, Indore, India, 452012
You declare and guarantee to us that you are a person over 18 years of age and/or having the legal capacity to enter into a contract. Use of the CotFoo Website as a Guest is null and void if it is done in violation of this Agreement. By using the CotFoo website as a guest, you declare and guarantee to us that your use of the CotFoo website as well as your acceptance of CotFoo Meals do not infringe any current law or regulation.
13. Governing law
This guest’s Agreement is subject to the Indian law