Terms of Service     

 

Last Updated on: March 18, 2022

 

Acceptance of Terms

 

Thank you for choosing OMADE to buy authentic Indian Meals from multi cuisines. The Terms of Service (“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the OMADE website at https://www.omadefoods.com/  ("OMADE," "we," "us," "our") provides its services (described below) to you through its website located at https://www.omadefoods.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). These Terms of Service form a legally binding agreement ("the Agreement") between you and OMADE, its parents, subsidiaries, representatives, affiliates, officers, and directors governing your use of the Service.

 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate these terms were last revised.

 

We will endeavor to notify you of material changes to the Terms, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective immediately upon your acceptance of the modified Agreement.

 

Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt-out of arbitration (if applicable). If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER

(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OMADE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING,

(2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND

(3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE OMADE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

 

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

 

Definitions

 

Foodies

 

"Foodies" or "You" or "Your" refers to you, as a Foodies of the Services. A Foodie is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'Home chefs business' to manage claimed Food listings or otherwise.

 

Content

 

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Foodies Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile.

"OMADE Content" means content that OMADE creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports, and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than OMADE or its Foodies and is available on the Services.

 

Home chefs/Professional Chefs/Restaurant(s)

 

"Home chefs / Professional Chefs" means the people who have the skill to prepare authentic Indian Food and deliver the Food to the Foodies as per their preferences.

“Restaurants' ' The restaurants which are listed on the OMADE Platform. Home Chefs, Professional Chefs, and the Restaurants combined are termed as “Sellers” Hereafter.

 

Access to OMADE and Use of the Service

 

Services Description: The Service is a technology platform that provides an online marketplace that enables connections between Home chefs, Professional Chefs, and other Restaurants who wish to list, offer, sell and deliver Authentic Indian Food items and meal orders ("Meal(s)") to the Foodies who browse and purchase Meals.

 

Foodies: Foodies who purchase Meals through the Service are "Foodie(s)," and who list, prepare and sell Meals through the Service are "Home Chef(s)/Professional Chef and Restaurants." A user may be both a Foodies & Home chef. All purchases are made directly (and any contract for purchase and sale is) between the Foodies and Seller.

 

Sellers: OMADE offers a marketplace, it is not itself a Seller and is not preparing, packaging, or selling any food. The Service includes enabling users to connect with each other and related services but we are not a party to any purchase or sales transaction.

 

To encourage return use of the Service, OMADE may also help facilitate the resolution of disputes between Foodies and Sellers, but OMADE has no control over and does not guarantee 

 

(a) the existence, quality, safety, authenticity, or legality of Meals offered or sold on the Service; (b) the truth or accuracy of a Seller's content or listings on the Service; 

(c) the ability of a Seller to sell Meals through the Service and deliver Meals within required delivery windows;

(d) the ability of Foodies to pay for Meals purchased through the Service; or

(e) that a Foodies or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return a Meal through the Service.

 

Sellers are independent restaurant owners and independent Home chefs and not employees, partners, franchisees of OMADE. OMADE does not cook, package, or deliver food and does not employ people to cook, package or deliver food.

 

Each Seller is solely responsible for complying with all applicable laws, rules, regulations, and standards, including but not limited to those pertaining to the preparation, sale, marketing, and packaging of all Meals ordered through OMADE, and updating details and prices relating to the Meals offered.

 

Each Seller is solely liable for the quality, safety, and freshness of its products, and OMADE does not verify the credentials, representations, products, services, or prices offered by any Sellers, and does not guarantee the quality of the product or services, or that Sellers or Meals comply with applicable laws. OMADE will not be liable or responsible for any Meals provided by Sellers that are a cause of injury or that do not meet your expectations in any manner.

 

Access to Delivery

 

Depending on the jurisdiction, OMADE may enter into agreements with independent contractors (each a "Courier") to provide delivery services under certain circumstances if desirable by individual Sellers or Foodies.

 

If a Seller or Foodies chooses to use a Courier to deliver a Meal, OMADE is not offering such delivery services and has no responsibility or liability for the actions or inactions of any Courier.

 

OMADE will not be liable or responsible for any delivery services provided by a Courier or any errors or misrepresentations made by them. Couriers are required to comply with all applicable laws, rules, and regulations.

 

Your Registration Obligations: You may be required to register with OMADE in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form.

 

Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who form legally binding contracts under applicable law.

 

Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service (both Foodies and Sellers).

 

If you do not qualify, please do not use the Service. Additionally, OMADE reserves the right to refuse access to, or use of the Service to, anyone who breaches these Terms of Service or for the reasons related to the safety of the OMADE Community including OMADE Users, employees, or prospective Users.

 

You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

 

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to

 

(a) immediately notify OMADE of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session when accessing the Service. OMADE will not be liable for any loss or damage arising from your failure to comply with this Section.

 

 

 

Modifications to Service: OMADE reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OMADE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

General Practices Regarding Use and Storage: You acknowledge that OMADE may establish general practices and limits concerning the use of the Service. You agree that OMADE has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that OMADE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that OMADE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content (including Meal options or Seller or Foodies information) to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding OMADE and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your OMADE account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

 

By registering for and using OMADE and providing your contact information, you are consenting to be contacted by OMADE or any of its business partners by telephone, text message (which may be automated), email, fax, telephone, or any means, even if you have opted into the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from OMADE or its business partners, you agree to notify NextRound or its business partner directly. You may opt-out of various contact methods by emailing support@OMADE.com.

 

Restrictions & License

 

User Conduct: You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages, or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by OMADE. OMADE reserves the right to investigate and take appropriate legal action against anyone who, in OMADE's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Service to:

 

a) sell, post or otherwise transmit any content or information relating to a Meal offering or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of OMADE, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose OMADE or its users to any harm or liability of any type; b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) solicit personal information from anyone under the age of 18; d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; e) advertise or offer to sell or buy any goods or services other than Meals intended to be prepared, sold and purchased through the Service; f) use the Service to request, make or accept a Meal independent of the Service, to circumvent any fees that would otherwise apply to such transaction; g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; h) violate any applicable local, state, national or international law, or any regulations having the force of law;

 

Foodies Representations, Warranties, and Agreements & Referral Code. All Foodies represent and warrant that: You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;

 

You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;

 

You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy

 

You will respect the privacy (including without limitation private, family, and home life) and data protection rights of Users with whom you communicate through the OMADE Marketplace.

 

You will fulfill the commitments you make to other Users, communicate clearly and respectfully, provide or accept Meals at the agreed time and only utilize the third party payment service provider specified or approved by the Company to make or receive payment through the OMADE Marketplace.

 

You will act professionally and responsibly in your interactions with other Users;

 

You will use your real name or business name on your profile;

 

When using or accessing the OMADE Marketplace, including when preparing, packaging, delivering, providing, or receiving meals, you will act in accordance with all applicable local, state, and federal laws and regulations and in good faith;

 

You do not have any motivation, status, or interest that the Company may reasonably wish to know about in connection with the OMADE Marketplace, including without limitation if you are using or will or intend to use the OMADE Marketplace for any journalistic, academic, investigative, or unlawful purpose.

 

Referral Code Sharing

 

Referral codes should only be used for personal and non-commercial purposes. Referral code should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or social media. Referrers are prohibited from “spamming” anyone with referral invitations. This includes mass emailing or texting, messaging people you don’t know, or using automated systems or bots through any channel to distribute referral code. Referrers are prohibited from paying to advertise their referral code. Any violations will cancel the Reward.

 

Sellers additionally represent and warrant & Promo Codes: When selling through the OMADE Marketplace you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation, or other business entity;

You are engaged in an independently established business selling goods similar to the goods you sell to Clients through the OMADE Marketplace and maintain an independent clientele;

You have the unrestricted right to earn income in the jurisdiction in which you will be selling food;

If you sell food in a jurisdiction that requires you to have a license(s) and/or tax registration, you have the required license(s) or tax registration;

You are responsible for identifying and obtaining any required licenses, permits, or registrations before selling food through the Marketplace.

You have any and all insurance required to operate your business and sell food through the Marketplace;

You will use your real name or business name and an up-to-date photo on your profile;

You will honor your commitments to other Users of the Marketplace, including by fulfilling product orders on time and as agreed upon with your Foodies and providing timely, high-quality food to your Foodies;

You will only sell food safely and in accordance with all applicable laws;

For each item you sell, you will disclose each and every ingredient to your Foodies including but not limited to each major allergen as defined by local, state, or federal law;

You will only cook food in a location that you are permitted by law to cook food;

You agree that we may (but are not required to) obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement;

You will pay all applicable federal, state, and local taxes based on income earned for your sale of food (note, the platform will collect and remit taxes for the sale of food where applicable);

You agree not to market your meals in a false or misleading manner including but not limited to not making false representations or claims about the nutritional value of your meals.

 

Personal Promo Code/offers/memberships can be used by the User subject to such terms and conditions set forth by the OMADE from time to time. This can promote its new offers/membership plans etc. and the User will have to subscribe for the same. The subscribers will only be eligible for offers opted.

 

Sellers Facilities: In addition to the foregoing conduct restrictions, to the extent you are a Seller, you represent and warrant that your use of the Services to market, advertise and sell Meals does not violate any applicable law or regulation, including but not limited to the California Retail Food Code (excerpted from the California Health and Safety Code). For Sellers located in California, you represent and warrant that you prepare and provide all Meals to Foodies using a qualified (i) "Food Facility" (as defined in Section 113789 of the California Retail Food Code, as amended); (ii) "Food Processing Establishment" (as defined in Section 111955 of the California Retail Food Code, as amended); or (iii) "Cottage Food Operation" (as defined in Section 113758 of the California Retail Food Code, as amended). To the extent you are a Seller preparing and providing Meals out of a food facility qualifying only as a "Microenterprise Home Kitchen" (as defined in Section 113825 of the California Retail Food Code, as amended), you further represent and warrant that you are in compliance with the terms of Chapter 11.6 of the California Retail Food Code, as amended, which requires, among other things, that: a) You operate your microenterprise home kitchen in a city or county where the governing body has authorized by ordinance or resolution the permitting of microenterprise home kitchen operations; b) You have submitted to the local enforcement agency written standard operating procedures that include the following information: (i) all food types or products that will be handled, (ii) the proposed procedures and methods for food preparation and handling, (iii) procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse; (iv) how food will be maintained at the required holding temperatures, pending pickup by Foodies or during delivery; and (v) days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation. c) You have successfully (i) passed an approved and accredited food safety certification examination, (ii) passed an inspection and (iii) received a permit to operate issued from the local enforcement agency; d) Your permit to operate a microenterprise home kitchen operation received from the local enforcement agency remains valid and in full effect; e) Any person delivering Meals on behalf of your permitted microenterprise home kitchen operation is an employee or a family/household member of yours, f) You have entered (and updated when necessary) the permit number for your microenterprise home kitchen operation in the dedicated field provided by us during the sign-up process; g) You have no more than one full-time equivalent food employee, not including a family member or household member; h) Your Meals are prepared, cooked and served to Foodies on the same day; i) Your Meals are consumed either (i) onsite at your microenterprise home kitchen or (ii) offsite if the food is picked up by the consumer or delivered within a safe time period; j) Your Meal preparation does not involve processes that require or handle raw milk or require a HACCP plan; k) Your Meals do not include raw oysters; l) You do not prepare more than 30 individual Meals per day, and no more than 60 Meals per week (or the approximate equivalents of each if meal components are sold separately); m) Your operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index; and n) You sell Meals only to Foodies who are consumers rather than wholesaler or retailers.

 

For further information on California's regulations regarding microenterprise home kitchens, please review the resources provided by the Cook Alliance at www.cookalliance.org. OMADE does not guarantee the accuracy of the information or endorse any opinions contained on the Cook Alliance website.

 

Ingredients and Allergens: For any particular Meal and related content posted using the Service, a Seller shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. OMADE is not responsible for the accuracy of the information and labeling of Meals delivered to Foodies. Foodies should be advised that Meals may be prepared in facilities using the same equipment that is used to prepare meals containing other allergens even if the allergen is marked as being absent from the food. OMADE shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals and related items purchased through the Service.

 

Seller Insurance: OMADE maintains insurance for its own business operations but it does not maintain insurance for the actions of Sellers or Foodies. If you are a Seller, OMADE recommends that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of Meals. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Foodies or any third party service.

 

Foodies Review Guidelines: To the extent you are a Foodies, OMADE may allow you to upload content and leave reviews regarding your purchase of Meals. OMADE may accept, reject or remove reviews and any associated content at its sole discretion. OMADE has absolutely no obligation to screen or delete reviews or associated content, even if anyone considers reviews objectionable or inaccurate. Those Foodies posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by OMADE, and do not represent the views of OMADE or of any affiliate or partner of OMADE. OMADE does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. Any review you post will be considered User Content (as defined below).

 

Marketplace Risk: OMADE is not affiliated with or endorsed by any Seller, restaurant, or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, OMADE is not a party to or involved in any transaction between Foodies and Sellers, and does not act as a Foodies, Seller (or affiliate for a Foodies or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not OMADE. We encourage you to use the various functionalities of the Service (e.g., Seller profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.

 

Sellers as Independent Business Owners / Independent Contractors: Users of the Service acting in the capacity of a Seller do so in their personal capacity as an independent business and independent contractor and seller of goods and not as an employee of OMADE. As a Seller, you agree that: (i) you are an independent business owner and not an employee of OMADE; (ii) you shall be solely responsible for determining the means and manner of the work performed to create the goods you sell through the Marketplace; (iii) these Terms of Service do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and OMADE, or you and a Foodies; (iv) you will not represent yourself as an employee or agent of OMADE to any Foodies; (v) you will not be entitled to any of the benefits that OMADE may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (vi) you are not eligible to recover contributor's compensation benefits in the event of injury. As a Seller, you will not engage a Foodies in any way that may jeopardize your status as an independent business.

 

OMADE does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, OMADE does not guarantee or endorse the legality, authenticity, quality, or safety of any Meals offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Meals or of Foodies to buy Meals. We cannot assure that all transactions will be completed. Additionally, OMADE does not guarantee the ability or intent of users to fulfill their obligations in any transactions. OMADE reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting OMADE and its users from illegal or wrongful activities or other violations of these Terms of Services.

 

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

Purchase and Sale Transactions

 

Fees: Registering for the Service is free; however, OMADE charges certain fees for various transactions effected through the Service, Unless otherwise stated, all fees are quoted in U.S. dollars.

 

Foodies are responsible for paying to a Seller the applicable purchase price for a purchased Meal, as well as any delivery costs and paying applicable Taxes associated with the purchase and sale of any Meals through the Service. Delivery costs and Taxes attributable to the sale of any Meals are not included in the listed price for any Meals listed by Sellers through the Service but will be displayed to Foodies before confirmation of any purchase.

 

Sellers are responsible for paying OMADE's commission set forth in the Fee Policy as well as their own taxes imposed or measured by such Seller's net income, net profits, income, profits, and/or revenues associated with the sale of any Meals through the Service.

 

Packaging: Sellers may choose to purchase packaging materials and/or labels from us for the delivery of Meals prepared for Foodies. If purchased, we may charge your credit card or another acceptable payment method you provide.

 

Payments; Subscriptions: Foodies may pay for Items using credit cards or other payment methods as may be determined by OMADE from time to time. Sellers will be prompted to provide bank account details to us so that we may facilitate the transfer of payments received from Foodies purchasing Meals. If you submit your payment information through the Service, then you authorize OMADE to store that payment information and charge your payment method for any item you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

 

If you purchase Meals on a recurring or subscription basis, you hereby authorize OMADE to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let OMADE know within fourteen (14) days after the date that OMADE charges you.

 

Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting of a revised Fee Policy unless a different notice period is required by law. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

 

Promotions; Credits: OMADE may from time to time offer Users certain promotions, incentives, or credits ("Promotions") towards the purchase of Meals and/or fees associated with the use of the platform, and Users may use such Promotions in accordance with their terms. Depending on the type of Promotion used, it may reduce the amount of taxes that apply to a Foodies' order. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the User that they are sent to and may not be shared or redeemed with anyone else unless it is explicitly permitted by the terms of that Promotion. Sellers may also offer Promotions to their Foodies through the platform and are solely responsible for any costs associated with the redemption of that Promotion.

 

ID Verification; Other Safety Checks. In some locations, the sale and delivery of alcohol may be permitted through the Marketplace. In such jurisdictions, the Seller must hold a valid liquor license that permits the sale of cocktails for delivery and it is the responsibility of such Seller and any delivery provider they use to verify identification and age and to determine whether it is otherwise safe and appropriate to furnish their Foodies with alcohol. They may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If they cannot verify a Foodies’ age or identity, if a Foodies appears intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, the Foodies is 25 years old but appears to be in the company of only 18-year-olds), they may refuse to furnish the Foodies with alcohol. Alcohol cannot be left unattended (contactless delivery is not available for alcohol orders) — someone 21 or older must be present to accept and sign for it. If an OMADE is unable to deliver your product for this or a similar reason, the OMADE may still charge you for the order. If we believe that your order is fraudulent or unlawful, we may suspend your use of the Platform.

 

Disclosure of Information

 

For more information about the implications of activating these third-party services and OMADE's use, storage, and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and OMADE shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

 

In addition, OMADE is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with third-party services. As such, OMADE is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party service. OMADE enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

 

Third-Party Distribution Channels

 

OMADE offers Software applications that may be made available through the Apple App Store, Android Marketplace, or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

 

With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

 

• OMADE and you acknowledge that these Terms of Service are concluded between OMADE and you only, and not with Apple Inc. ("Apple") and that as between OMADE and Apple, OMADE, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service. • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be OMADE's sole responsibility, to the extent it not be disclaimed under applicable law. • OMADE and you acknowledge that OMADE, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. • In the event of any third party claim that the Apple-Enabled Software or the end-users possession and use of that Apple-Enabled Software infringe that third party's intellectual property rights, as between OMADE and Apple, OMADE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

OMADE and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

 

Device Access

 

Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by OMADE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

 

In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by OMADE from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

 

Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of OMADE, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by OMADE.

 

The OMADE name and logos are trademarks and service marks of OMADE (collectively the "OMADE Trademarks"). Other OMADE, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to OMADE.

 

Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of OMADE Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of OMADE Trademarks will be inure to our exclusive benefit.

 

Third-Party Material: Under no circumstances will OMADE be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that OMADE does not pre-screen content, but that OMADE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, OMADE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by OMADE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all rights, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant OMADE and it's affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions"), provided by you to OMADE are non-confidential and non-proprietary, and OMADE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You acknowledge and agree that OMADE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

 

(a) comply with legal process, applicable laws, or government requests;

(b) enforce these Terms of Service;

(c) respond to claims that any content violates the rights of third parties; or

(d) protect the rights, property, or personal safety of OMADE, its users, and the public.

 

You understand that the technical processing and transmission of the Service, including your content, may involve

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Copyright Complaints:

 

OMADE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify OMADE of your infringement claim in accordance with the procedure set forth below.

 

OMADE will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.

 

A notification of claimed copyright infringement should be emailed to OMADE's Copyright Agent at (Subject line: "DMCA Takedown Request"). You may also contact us by mail at contact@omadefoods.com

 

STE 4200, 701 5th AVE, Seattle, WA 98104-7047


 

Trademark

 

The Company name, the terms of OMADE in the website https://www.omadefoods.com/ the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company.

 

You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

To be effective, the notification must be in writing and contain the following information:

 

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

General

 

These Terms of Service constitute the entire agreement between you and OMADE and govern your use of the Service, superseding any prior agreements between you and OMADE with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.

 

These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and OMADE agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of OMADE to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

You may not assign this Terms of Service without the prior written consent of OMADE, but OMADE may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

Questions? Concerns? Suggestions?

 

Please contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.