Terms of Service

Privacy policy

Last Updated: 10/04/2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.cotfoo.com website (the "Website") operated by CotFoo Technologies Pvt.Ltd. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1. Introduction

1.1 CotFoo Technologies Private Limited (“CotFoo”) is a private limited company incorporated under the laws of India with the name “CotFoo Technologies Private Limited” under number U74999MP2018PTC045236 and whose registered office address is 22 Sunshine Farms AB Road Indore India 452012

1.2 CotFoo operates websites, social media channels, APIs and applications (“CotFoo Websites”) and provides a platform, services and market place by which users may issue invitations (the “CotFoo Invitations”) offering to host or facilitate meals (“Hosted Meals”, “CotFoo Meals”) which others may accept.

1.3 Your use of the CotFoo Websites and the services offered by CotFoo (the “CotFoo Services”) 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 issue CotFoo Invitations are (in that capacity) referred to as “Hosts” and users who accept CotFoo Invitations are referred to (in that capacity) as “Guests”. A single user may be either a Host or a Guest in relation to different Hosted Meals. CotFoo provides a global marketplace allowing Hosts and Guests to contract with one another.

1.5 Unless CotFoo expressly agrees to the contrary in writing, all your dealings with CotFoo will be on and subject to the terms of these T&Cs. By using the CotFoo Websites and the CotFoo 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 CotFoo website and we shall endeavor to notify registered 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 CotFoo 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 CotFoo Websites and CotFoo Services. If you do not cancel your CotFoo registration you will be deemed to have accepted the changes.

1.7 Subject to your compliance with these T&Cs, CotFoo grants you a limited non-exclusive, non-transferable license to download and install a copy of the applications forming a part of the CotFoo Websites on each mobile device or computer that 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. CotFoo 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 CotFoo Websites or CotFoo Services.

2. Registration

2.1 Unregistered visitors may view the CotFoo Websites. Only registered users may post content on the CotFoo Websites and issue or accept CotFoo Invitations. Registered users are identified on the CotFoo Website by their first name and registered city and country. CotFoo may rank or rate registered users. As a user you represent to CotFoo that you will only use the CotFoo Websites and CotFoo Services for lawful purposes and where it is lawful to so use them.

2.2 You acknowledge and agree that, by accessing or using the CotFoo Websites or CotFoo Services or by downloading or posting any content to or from the CotFoo Websites you are indicating that you have read, and that you understand and agree to be bound by these T&Cs. If you accept or agree to these T&Cs on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&Cs and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

2.3 By registering with CotFoo you agree to adhere to (I) public policies published by CotFoo on the CotFoo Websites (such as the privacy policy), and (ii) the “Guest’s Agreement” in respect of any CotFoo Invitations that you accept, and (iii) the “Host’s Agreement” in respect of any CotFoo Invitations you issue. You may cancel your registration at any time by following the instructions on the CotFoo Websites. 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 Registration and access to the CotFoo Services are intended solely for persons who are 18 or older. Any access or use of the CotFoo Websites or CotFoo Services by anyone under 18 is expressly prohibited. By using the CotFoo Websites and CotFoo Services you represent and warrant that you are aged 18 years or older.

2.5 You agree to complete the registration 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 CotFoo and may not register as a CotFoo user on behalf of an individual other than yourself. Your registration with CotFoo is personal to you and may not be sold or transferred without CotFoo’s prior written agreement. You agree never to disclose your login details or password (except for the purpose of your logging in to the CotFoo Websites yourself).

2.6 By registering as a user with CotFoo you agree that CotFoo may request consumer, credit rating and similar reports on you. If CotFoo requests any such report, it will request and use it in compliance with applicable law.

2.7 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 CotFoo incurring any obligations or liabilities.

2.8 You will need to agree to our payment provider’s terms and conditions when you register to make or receive payments.

3. Our content and your use of the CotFoo Website

3.1 Apart from the content generated by registered users, all the elements that make up the CotFoo Websites and CotFoo Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to CotFoo (or the person from whom CotFoo licenses it).You agree that you have no entitlement to any part of the CotFoo Websites or CotFoo Services other than to view content and use the communications facilities in connection with arranging and promoting Hosted Meals and issuing, accepting and paying for CotFoo Invitations in accordance, in each case, with these Tics’ agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the CotFoo Websites and CotFoo Services without CotFoo’s prior written agreement.

3.2 In using the CotFoo Website and CotFoo Services you agree that you will not:

3.2.1 Circumvent Cot foo’s legitimate commercial interests by participating in a transaction related to a Hosted Meal independent of the CotFoo Websites and CotFoo Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the CotFoo brand in any way;

3.2.2 Use any part of the CotFoo Website or CotFoo Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies CotFoo endorsement, partnership or otherwise misleads others as to your affiliation with CotFoo 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 CotFoo Website and CotFoo Services, or (ii) collect information from or otherwise interact with CotFoo Website or CotFoo Services, or (iii) systematically retrieve data or other content from any of the CotFoo Websites 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 CotFoo Websites and CotFoo Services or the technical delivery systems of Cot foo’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the CotFoo Websites or CotFoo’s Services or CotFoo’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the CotFoo Website or any other website, 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 CotFoo Website or CotFoo Services (I) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by CotFoo in its search results pages or listing pages before a CotFoo Invitation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by CotFoo; or (iii) in any way that violates the privacy or any other rights of any other of CotFoo’s users or any other third party;

3.2.5 Register and/or use any intellectual property of CotFoo (or persons from which it licenses intellectual property) or in the name “CotFoo” 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 CotFoo 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 CotFoo Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame any of the CotFoo Websites or CotFoo Services, or any individual element within any of the CotFoo Websites or CotFoo Services, Cotfoo’s name, any CotFoo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the CotFoo Websites and CotFoo Services, without Cotfoo’s express written consent;

3.2.7 Interfere with or damage any of the CotFoo Websites or CotFoo 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 CotFoo Invitations);

3.2.8 “Stalk” or harass any other user of any of the CotFoo Websites or CotFoo Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Host);

3.2.9 Contact any CotFoo user otherwise than about a CotFoo Invitation;

3.2.10 Recruit or otherwise solicit any CotFoo user to join a third-party service or website whether it is competitive to CotFoo, without Cotfoo’s prior written approval;

3.2.11 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by CotFoo or any of Cotfoo’s providers or any other third party (including another user) to protect any part of the CotFoo Websites or CotFoo 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 CotFoo Websites or CotFoo 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 any part of any of the CotFoo Websites or CotFoo Services; or

3.2.12 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 CotFoo Websites, CotFoo Services and supplementary 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 CotFoo Website or CotFoo 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 CotFoo or its licensors, except for the licenses and rights expressly granted in these T&Cs.

4 Your Content

4.1 Registered users may post content on the CotFoo Websites. Anything that you post (or otherwise cause to be visible) on a CotFoo Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”).Cotfoo’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 CotFoo 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 because of the accounts being linked.

4.2 You are responsible for all Your Content. By registering to use the CotFoo Websites you agree that:

4.2.1 Any representation that you publish is true;

4.2.2 You shall not use the CotFoo Websites or CotFoo Services to offer products or services other than CotFoo Invitations

4.2.3 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 behavior; 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, pedophilic, 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);

4.2.4 None of Your Content shall include any images which you do not own, or which include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken at a Hosted Meals, in respect of which the relevant Host has consented to you publishing);

4.2.5 You shall not use the CotFoo Website or CotFoo 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;

4.2.6 All Your Content may be made public and associated with you;

4.2.7 CotFoo is under no obligation to store and/or to publish Your Content (and CotFoo may at any time and without prior notice delete Your Content from any part of the CotFoo Website);

4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and CotFoo operates to transfer any intellectual property rights to you;

4.2.9 You grant (or shall procure the grant) to CotFoo 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 CotFoo Website;

4.2.10 CotFoo 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;

4.2.11 CotFoo may use and exploit Your Content (and information that CotFoo learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote Cotfoo’s Services generally; We may also contact you via email, facsimile, phone or text message to deliver certain services or information you have requested.

4.2.12 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 CotFoo to use your image. 

4.4 By accepting these T&Cs you grant CotFoo 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, though, by means of the CotFoo Websites and CotFoo Services and may also include promoting or marketing the CotFoo Websites and CotFoo Services). CotFoo 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 Notwithstanding the licenses granted to CotFoo pursuant to clauses ‎4.2.8 and ‎4.3, CotFoo shall use reasonable endeavors to remove such of Your Content as you request us to remove from our current CotFoo Websites (the request to be made through your registered account and confirmed in a recorded delivery letter with signed proof of receipt including sufficient details for us to identify you and the relevant part of Your Content that you request is removed from the CotFoo Websites).

4.6 The CotFoo Websites and CotFoo Services may provide links or referrals to other websites, services, publications or applications. CotFoo makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on CotFoo when assessing or using them and that CotFoo shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible. CotFoo assumes no responsibility for the content of websites linked on our site will not be liable for any loss or damage that may arise from your use of them. In this context you confirm that CotFoo is not responsible for the actions or failures of its payment providers.

4.7 You agree and consent that CotFoo may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy-editing services) to Your Content to change the style or language used by you. Except to the extent that anything done by CotFoo creates 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 CotFoo 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 CotFoo may collate and analyses data resulting from your use of the CotFoo Websites and CotFoo Services and may use and sell the resulting information. 

5.2 CotFoo will use reasonable endeavors 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 CotFoo Services or to operate the CotFoo Website 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, CotFoo shall on request of the relevant registered user delete all information that is personal to that registered user. CotFoo may however (subject to applicable laws) retain data that may have been obtained by previous interactions with CotFoo provided that that data cannot be linked to any individual person.

5.5 CotFoo 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 CotFoo, including by inappropriately using any CotFoo intellectual property.

6. Hosted Meals

6.1 The CotFoo Websites and CotFoo Services comprise an online platform designed to enable Hosts to create CotFoo Invitations for Hosted Meals and for Guests to learn about and book Hosted Meals directly with the Hosts. You understand and agree that CotFoo is not a party to any agreements between Hosts and Guests and that CotFoo has no control over (and not liability or obligation to you in respect of) the conduct of (i) Hosts, (ii) Guests, (iii) other users of the CotFoo Websites and CotFoo Services or (iv) others attending or facilitating Hosted Meals. You agree that CotFoo is not responsible for any damage or harm resulting from your interactions with other users of the CotFoo Websites or CotFoo Services and you accept that (to the maximum extent permitted by law) CotFoo disclaims all liability resulting from the conduct or any such person.

6.2 By agreeing to these T&Cs you agree to adhere to all applicable laws and regulations (including without limiting the generality of this provision, fiscal and administrative regulations) that apply to any Hosted Meals.

6.3 You agree that CotFoo shall under no circumstance be held responsible or liable for any representation in a CotFoo Invitation or for a Hosted Meals not running smoothly or as advertised or otherwise being unsatisfactory.

6.4 In certain circumstances, CotFoo may decide, in its sole discretion, that it is necessary or desirable to cancel a Hosted Meals. In these circumstances CotFoo may determine, in its sole discretion, to refund to the Guest part or all the amounts charged to the Guest. You agree that CotFoo and the relevant Guest or Host will have no liability to you in respect of such cancellations or refunds.

7. Financial arrangements

7.1 When issuing CotFoo Invitations Hosts state the fees that they will charge each Guest, these fees are quoted inclusive of all sales and analogous of other taxes (the “Host’s Charges”).CotFoo 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 CotFoo Services). CotFoo may charge Guests a fee for the use of the CotFoo Services (the “CotFoo Fees”).Acceptance of a CotFoo Invitation constitutes agreement to pay the Host’s Charges and any CotFoo Fees (the “Transaction Fees”).The total amount of the Transaction Fees is the amount payable by the Guest in respect of each CotFoo Invitation at the time that the Guest accepts the CotFoo Invitation.

7.2 Where applicable, the CotFoo Fees are calculated as a variable percentage of the Host’s Charges. Any CotFoo Fees are payable by the Guests at the same time as payment of the Host’s Charges. To the extent that the CotFoo Fees are subject to GST this tax will be included in the total amount payable by the Guest in respect of the Transaction Fees.

7.3 Hosts agree and acknowledge that they are responsible for discharging all their own tax obligations (including sales taxes including, but not limited togs) whether these are imposed on a state, local or other level. CotFoo assumes no obligations whatsoever in this regard. CotFoo assumes no responsibility (actual or deemed) to notify or explain to Hosts, or to enquire into, the GST or sales taxes treatment of any Hosts or Hosted Meals. 

7.4 If CotFoo so requires for the purposes of its dealings with any tax or regulatory authority, Hosts and Guests shall provide to CotFoo, promptly on request, any information, data, documentation and/or copies of communications (whether in electronic format or otherwise) which relate to Hosted Meals in which they have participated. Hosts shall, promptly on request, provide to CotFoo all reasonable assistance in any discussion or dispute with any tax authority with respect to the VAT or sales tax treatment of Hosted Meals in which those Hosts have participated. Each Host agrees to indemnify CotFoo for any VAT or similar sales tax obligations which CotFoo is required to pay and which arise wholly from Hosted Meals hosted by that Host.

7.5 You may only make payments in respect of CotFoo Invitations through the payment processing facilities provided on the CotFoo Websites, by special arrangement with CotFoo through its direct booking services or of through a third-party agency that is authorized by CotFoo to provide those parts of the CotFoo Services relating to processing payments. Please check with CotFoo to ensure that any third-party with whom you are dealing is properly authorized by CotFoo. If the CotFoo Invitation is transacted through an authorized third-party you may not be required to pay any CotFoo Fees, but the authorized third-party agent may instead charge an administration fee.

7.6 You agree that the sole and exclusive role and responsibility of CotFoo (and any of its authorized third-party agents) in providing CotFoo Services relating to processing payments is to arrange the collection of payments from Guests 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 Guests through selected payment providers. The terms on which the payment providers hold funds are stated in their terms. CotFoo may receive amounts due to Hosts from payment providers, where it does so such funds will be held in a bank account (separate from Cotfoo’s own trading bank account) until they are transferred to the Host (or, where appropriate, reimbursed to the Guest).

7.8 CotFoo may “round off” numbers to the nearest functional base unit in the relevant currency. CotFoo uses commercial currency exchange operators and registered users accept the risks in fluctuations in currency exchange rates

7.9 CotFoo will use a form of optional digital currency titled “CotFoo Currency” available to hosts as an alternate payment option. CotFoo currency can be used only on the CotFoo Websites or any other participating third parties. If at any point a user wishes to terminate their account on the CotFoo Website, the amount due in CotFoo Currency will be deposited in their linked payment account.

8. Insurance, disputes, resolution and refunds

8.1 If you have a dispute relating to a Hosted Meal, we 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: ops@cotfoo.com
  • By telephone on +91 9826445300
  • By post at 22 Sunshine Farms, AB Road, Indore, India, 452012
  • 8.5 It is important that if, as a Guest, you are not satisfied with a Hosted Meals you notify CotFoo before midnight on the day following the date on which the relevant Hosted Meals was scheduled to take place. Once CotFoo has released funds to the Host, it is unable to offer Guests any remedy.

8.2 Following receipt of a refund request CotFoo may direct that an amount up to the entire value of the Transaction Fees paid by the Guest (less payment transaction costs and any third-party agency fees that CotFoo is not entitled to recover) is refunded to the Guest. If, however, CotFoo believes that the complaint is without merit, of limited merit or that CotFoo is not able to assess the merit of the complaint, then CotFoo 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 Guest. If no such resolution has been reached within six months, CotFoo 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 Guest (and the CotFoo Fees shall be paid to CotFoo) 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).CotFoo shall have no further or other liability or responsibility to the Host and Guest in respect of any such claim to be refunded. You agree to abide by decisions made by CotFoo (even if the decision appears perverse to you).

8.3 CotFoo agrees to use reasonable endeavors to assess merits of claims and to act in good faith toward Guests 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 Guests and Hosts or any direction it gives as to the payments to be made to Guests or Hosts in accordance with this clause ‎8 and you also agree that CotFoo 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 Guest.

8.4 CotFoo will endeavor to make refunds to Guests through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it may require other verification before the refund can be processed. The Guest agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates.

8.5 By accepting these T&Cs you agree that if CotFoo has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.

8.6 CotFoo has no responsibility or liability in respect of any failure by a payment processor or authorized agent.

9. Cancelation and Refunds

9.1 If Host Cancels the confirmed paid booking

Before or up to 8 hrs from meal start time cancellation - 10% of total billing amount will be deducted from Host’s payment account

Within 8 hrs -from meal start time cancellation - 25% of total billing amount will be deducted from Host’s payment account.

The guest account will be credited in full within 24 hrs to the payment mode used for booking.

If the booking was canceled by the host within 2 hrs window from meal start time, then Guest Cotfoo rewards account (Cotfoo jar) will also be credited with 10 beans.

9.2 If Guest Cancels the confirmed paid booking

Before or up to 8 hrs from meal start time cancellation - 15% of total billing amount will be deducted and the remaining money will be credited back within 24 hrs of cancellations.

Host account will be credited with cotfoo beans equivalent to 5% of total billing account.

Within 4 hrs -from meal start time cancellation - 30% of total billing amount will be deducted and the remaining money will be credited back within 24 hrs of cancellations.

Host account will be credited with cotfoo beans equivalent to 15% of total billing account.

Within 2 hrs of meal start time cancellation - 50% of total billing amount will be deducted and the remaining money will be credited back within 24 hrs of cancellations.

Host account will be credited with cotfoo beans equivalent to 25% of total billing account.

9.3 If Visiting Chef Cancels the booking

Before or up to 8 hrs from meal start time cancellation - 10% of total billing amount will be deducted from VC’s payment account

Within 8 hrs -from meal start time cancellation - 25% of total billing amount will be deducted from VC’s payment account.

The guest account will be credited in full within 24 hrs to the payment mode used for booking.

If the booking was canceled by the host within 2 hrs of window from meal start time, then Guest cotfoo rewards account (Cotfoo jar) will also be credited with 10 beans.

9.4 If Guest Cancels the booking

Before or up to 8 hrs from meal start time cancellation - 15% of total billing amount will be deducted and the remaining money will be credited back within 24 hrs of cancellations.

VC account will be credited with cotfoo beans equivalent to 5% of total billing account.

Within 4 hrs -from meal start time cancellation - 30% of total billing amount will be deducted and the remaining money will be credited back within 24 hrs of cancellations.

VC account will be credited with cotfoo beans equivalent to 15% of total billing account.

Within 2 hrs of meal start time cancellation - 50% of total billing amount will be deducted and the remaining money will be credited back within 24 hrs of cancellations.

VC account will be credited with cotfoo beans equivalent to 25% of total billing account.

If the guest had requested VC to bring the ingredients and VC has already bought the ingredients from outside. Guest will be responsible to pay VC for ingredients and also pay for delivery charges of the ingredients to guest’s home.

 

* These terms are subjected to cancellation upto three times, after which these rates will change. Cancellation upto two hours will not be refunded for any amount

 

 

 

 

 

10. Exclusions and limitations to Cotfoo’s responsibility and liability

 

10.1 You agree by issuing or accepting a CotFoo Invitation you do not create any relationship with CotFoo save as expressly provided in these T&Cs. CotFoo does not control, and has no right to control, your CotFoo Invitation, your offline activities associated with your CotFoo Invitation, or any other matters related to any CotFoo Invitation that you publish.

10.2 Registered users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the CotFoo Websites and not, when using the CotFoo Websites or CotFoo Services, to make any factually incorrect, fraudulent or misleading statements or representations. By accepting these T&Cs you agree that CotFoo, its payment providers and/or other partners may request identity verification from you (and you agree to comply with such requests as are reasonably 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 CotFoo Websites, CotFoo Services and other services provided by the payment providers and other partners. CotFoo does not, however, undertake any obligation to you to undertake any such checks and you agree that CotFoo 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 CotFoo Websites or CotFoo Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by CotFoo you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).

10.3 To the extent permitted by law, CotFoo excludes all conditions, warranties, representations or other terms which may apply to the CotFoo Websites and CotFoo Services or any content on them, whether express or implied. CotFoo 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:

10.3.1 Use of, or inability to use, any of the CotFoo Websites or CotFoo Services; or

10.3.2 Use of or reliance on any content displayed on any of the CotFoo Websites or CotFoo Services.

10.4 Subject as provided in clause ‎8.3, CotFoo will not be liable for:

10.4.1 Loss of profits, sales, business, or revenue;

10.4.2 Business interruption;

10.4.3 Loss of anticipated savings;

10.4.4 Loss of business opportunity, goodwill or reputation; or

10.4.5 Any indirect or consequential loss or damage.

10.5 CotFoo 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 website linked to it.

10.6 By using the CotFoo Websites and CotFoo 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 CotFoo Websites and CotFoo 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 CotFoo with respect to such actions or omissions.

10.7 You agree that to the maximum extent permitted by law, CotFoo 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 CotFoo Websites or error or omission in information or processing provided on or by the CotFoo Websites or loss of information provided to the CotFoo Websites.

10.8 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 Indian law.

10.9 Save to the extent that liability may not be excluded by law:

10.9.1 CotFoo has no liability save to the extent admitted by clauses ‎10.8, ‎10.9.2 and ‎10.9.3;

10.9.2 Cotfoo’s liability to the Host is limited to the amount collected by CotFoo as agent of the Host in respect of the Hosted Meals to which the relevant claim relates and not paid to the Host (or, where appropriate, refunded to the Guest) in accordance with these T&Cs and any amount recovered under the insurance policy referred to in clause ‎8.3; and

10.9.3 Cotfoo’s liability to the Guest is limited to the commission paid to it by the Guest in respect of the Hosted Meals to which the relevant claim relates and any amount recovered under the insurance policy referred to in clause ‎8.3.

10.10 You agree and confirm that if you choose to use any of the CotFoo Websites or the CotFoo Services to enter any arrangement with another person (whether in your capacity as a Guest 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 CotFoo Invitation is offered and accepted).You agree to adhere to the terms of any such agreement. You acknowledge and agree that you, and not CotFoo, 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 CotFoo is not a party to any agreement between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent that CotFoo or any of its agents agrees on and subject to the terms of clause ‎7 and the other provisions of these T&Cs and as part of the CotFoo Services to arrange the collection, holding and payment of Transaction Fees as part of the CotFoo Services) CotFoo has no liability to you or any other person arising from or related to any agreements between Guests and Hosts.

10.11Subject to the provisions of clause ‎9, you agree that none of CotFoo, its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the CotFoo Websites or the CotFoo Services even if CotFoo has knowledge or has been informed of the likelihood of the occurrence of such damage.

11. Cancellation and suspension

11.1 You may terminate your registration at any time by sending us an email from your registered email to ops@cotfoo.com

11.2 CotFoo may terminate or suspend your registration for convenience at any time by giving you notice via email to your registered email address.

11.3 If your CotFoo registration is cancelled all Hosted Meals in respect of which you had issued CotFoo Invitation will be automatically cancelled and all Hosted Meals in respect of which you had accepted a CotFoo Invitation will also be automatically cancelled. Depending on the applicable cancelation policy, an appropriate refund may be issued.

12. Miscellaneous 

12.1 You declare and guarantee to CotFoo that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.

12.2 Some portions of the CotFoo 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.

12.3 If you become aware of any content on any of the CotFoo Websites that you suspect has been posted in breach of these T&Cs please notify us by email at ops@cotfoo.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 CotFoo Website, (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.

12.4 You acknowledge and agree that CotFoo 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 CotFoo Website. 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 CotFoo Websites. You acknowledge and agree that CotFoo may also store your personal information on computers and servers in Europe and beyond its borders. By using the CotFoo Website, you acknowledge and agree that CotFoo 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.

12.5 The publishing director of the CotFoo Website is the director of CotFoo Ltd Archana Parsai Gehlot. The CotFoo Website is hosted and managed by CotFoo Pvt. Ltd.

12.6 For any question relating to the CotFoo Websites or CotFoo Services you can contact us by the following means:

  • By post: at 22 Sunshine Farms, AB Road, Indore, India, 452012
  • By email: ops@cotfoo.com 
  • By telephone: +91 9826445300 (available Monday - Friday between 9am -5pm IST and Saturday 9am – 1pm IST

12.7 Reference to in these T&Cs to: 

12.7.1 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);

12.7.2 An individual includes where appropriate his personal representatives;

12.7.3 The singular includes a reference to the plural and vice versa; and

12.7.4 One gender includes each gender (feminine, masculine and neuter).

12.8 References to CotFoo in the context of obligations or liabilities owed to CotFoo or other benefits or assurances given to CotFoo shall be deemed to include reference also to any company which is a subsidiary undertaking of CotFoo (“subsidiary undertaking” having the meaning given to it in section 1162 of the Companies Act 2006).

12.9 No failure or delay by CotFoo 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 CotFoo 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.

12.10 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 CotFoo governing our relations and supersede all other agreements between you and CotFoo prior to the date of these T&Cs, which shall cease to have any further effect.

12.11 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.

12.12 CotFoo may communicate with you by sending an email to your registered email address. It need only adduce proof that the email was sent and is not responsible for ensuring that you receive it. 

12.13 It is not intended that a third party should have any right to enforce these T&Cs pursuant to the Contracts (Rights of Third Parties) Act 1999 other than that CotFoo (being the wider group definition in accordance with clause ‎11.7) may rely on and enforce these T&Cs as if (in each case) named in these T&Cs in place of CotFoo.

12.14 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.