Last Updated: 16/03/2018
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.
CotFoo Technologies Pvt. Ltd. is a Private Limited Company under the law of India with a registered office located at 22 Sunshine Farms AB Road Indore India 452012, listed under the number U74999MP2018PTC045236 (hereinafter referred to as “CotFoo”, “we”, or “us”). CotFoo provides an online platform that connects hosts, who want to offer meals to list and book with guests seeking to book such meals (collectively, the “Meals“), which services are accessible at www.cotfoo.comand any other websites through which CotFoo makes the services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms “), whether you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and CotFoo.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
By using the CotFoo Website:
– You are agreeing to be bound to the Host’s Agreement which forms a contract between yourself and CotFoo (hereinafter referred to as the (“Host Agreement”);
– You are agreeing to be bound by the terms and conditions of Paytm e-money, (hereinafter referred to as “Paytm”), which form a contract between yourself and Paytm (hereinafter referred to as “Terms and Conditions of Paytm”);
– You are expressly renewing your acceptance to be bound by the Master Agreement. We would advise you to read through the Master Agreement again. The Master Agreement and the Host’s Agreement form a contractual whole by which you are bound when you use the CotFoo Website as a “Host” (as this term is defined in the Master Agreement). In the event of contradiction between a stipulation in the Master Agreement and a stipulation in the Host’s Agreement, the stipulation in the Host’s Agreement shall prevail. If you do not agree to be bound by the Host’s Agreement, you are not allowed to use the CotFoo Website as a G.
2. Purpose of the Host’s Agreement
The Host’s Agreement aims to regulate your rights and obligations more specifically in the event that you should decide to use the “Contact Service” (as the term is defined in the Master Agreement) as a Host.
3. The Possession of a User Account
To become a Host, you must first create a “User Account” (as the term is defined in the Master Agreement) and complete it by providing, as a minimum, the following obligatory information:
- Your date of birth.
- Your gender.
- Your exact postal address.
- A profile photograph that represents you.
- Your nationality.
- The languages that you speak.
The creation of a User Account automatically includes the creation of an “Account” with Paytm, as set out in the Terms and Conditions of Paytm.
We would advise you to read the Master Agreement and the Terms and Conditions of Paytm for further information on this subject.
You are committed to providing a profile photograph that represents you to the exclusion of any other person and/or work. By uploading such a photograph, you guarantee to CotFoo that this does not infringe any intellectual property rights belonging to a third party and that you expressly authorize CotFoo to use your image, and that you grant it a license for use under the conditions set out in the Master Agreement.
You are committed to provide full, exact and honest information and to keep it permanently up-dated.
4. Definition of your CotFoo Invitations
It is your responsibility as a Host to define your CotFoo Invitations precisely (as the term is defined in the Master Agreement).
Your CotFoo Invitation will be validated on the CotFoo Website as soon as the following compulsory information, relating to said CotFoo Invitation, has been supplied:
- The date and start and end times for the CotFoo Meal.
- The postal address of the chosen location.
- The format of the meal; the structure of the menu; the approximate length of the hosting period.
- One or several photographs of the types of dishes that you are likely to offer; a photograph of the location chosen for the CotFoo Meal.
- The likelihood of the presence of animals.
- The maximum number of Guests that you are offering to invite.
- The amount payable by each Guest, our commission will be added to this amount, tax included.
We would advise you to consult the Master Agreement for more detail on the calculation of our commission, the payment methods used, and the amount that you thus define.
CotFoo carries out a minimal check on the coherence of the information supplied before validation and publication on the CotFoo Website.
5. Your obligations as a Host
5.1. Principles of openness, respect, tolerance and non-discrimination
The “Contact Service” (as the term is defined in the Master Agreement) is designed to facilitate your meeting with one or several people from different cultures over a meal that you have provided.
Via this service you will welcome one or several “Guests” (as the term is defined in the Master Agreement) to your home. By definition, these Guests are not like you and may have behavior which you may find shocking.
You agree to respect your Guests and their respective cultures and to treat them in a non-discriminatory manner.
5.2. Your obligation to offer hospitality
The most important part of being a Host is to be welcoming.
You agree to receive the Guests in premises which you are legally entitled to use, either as owner or as tenant.
You agree to ensure that the premises in which you will be receiving your Guests are sufficiently spacious to accommodate all of the Guests and that they present, at the very least, the minimum level of safety that is required by property available for rental.
In particular, you guarantee the physical security of your Guests in the premises.
5.3. The meal that you offer
You agree to be as clear as possible, both about the content of your meals and, in particular, to describe them honestly and in great detail by precisely indicating all foodstuffs and drinks used, if so requested by the Guest.
You agree to respect any dietary restrictions about which your Guests have informed you.
You agree to provide your Guests with wholesome food and drink.
In particular, you guarantee the physical safety of your Guests in relation to the food and drink provided.
You agree to participate in the food experience that you offer.
5.4. Ending of your time as Host and of the invitation and meal
Under no circumstances should the invitation and the food experience last longer than two hours.
We automatically and without discrimination refuse any CotFoo Invitation of an estimated duration superior to two hours.
If you continue to host a guest for a duration longer than specified on the CotFoo invitation, CotFoo takes no responsibility for any event thereafter.
5.5. Respect for your neighbors and other members of your household
You agree not to offer CotFoo Invitations that would be contrary to any regulations governing your household or tenancy.
You agree to respect your neighbors and not to behave in such a way that may cause any nuisance, particularly noise, to be suffered by your neighbors due to a CotFoo Invitation.
5.6. Respect for the contract which you are offering
The definition and publication on the CotFoo Website of a COTFOO Invitation constitutes a pre-contractual offer.
In the event that you should accept a User as a Guest, your pre-contractual offer shall become a contractual offer.
In the event of the acceptance of their contractual offer before the date of the CotFoo Invitation offered (the “Term”), a contract shall be made between you and the Host (hereinafter referred to as the “Guest-Host Contract”). Failing acceptance of their contractual offer before the Term, this shall automatically become null and void.
This shall become null and void in the event that this Guest shall not have accepted your offer before the date of the proposed CotFoo Invitation (the “Term”). In such cases you will not receive any payment or compensation.
If one or several Guests accept your offer of a CotFoo Invitation, a contract will have been formed between you and the Guests who have accepted your offer of a CotFoo Invitation before this Term (hereinafter referred to as the “Guest-Host Contract”). After expiry of this Term, no other Guest may accept your CotFoo Invitation.
In any event, your Host’s offer will close early as soon as the number of Guests having accepted your CotFoo Invitation shall be equal to your stated maximum.
The Guest-Host Contract is made between you and your Guests, to the exclusion of CotFoo.
The terms and conditions of this Guest-Host Contract are constituted by the terms and conditions defined in your CotFoo Invitation as well as, where applicable, the terms of any agreements that you may have made during direct exchanges with your Guests, whether these agreements were made via the CotFoo Website or not.
You agree to respect the terms and conditions of this Guest-Host Contract.
In the event of any dispute between you and one or several of your Guests due to a failure by one of these parties to honor their contractual obligations, CotFoo shall in no way be held responsible.
In the unlikely event that the responsibility of CotFoo should be called into question by one or several of your Guests due to a failure by you to honor your obligations under the Guest-Host Contract, you agree to compensate CotFoo for any damage that it may suffer as a result (damage to the company image, economic damage, etc.).
5.7. Respect for the regulations that apply to you
We advise you to make yourself familiar with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you.
You agree, where applicable, to respect any regulations governing the premises where a CotFoo Invitation takes place.
You agree not to propose, offer, or to serve alcoholic drinks during a CotFoo Invitation except in accordance with the relevant regulations. The abuse of alcohol is a danger to health. Licensed premises are subject to particular regulation and failure to comply is subject to criminal penalties.
You agree not to draw a professional income from a CotFoo Invitation. Professional income is subject to tax and other specific regulations.
In addition, you agree:
- To Welcome Guests solely to your own home.
- Where applicable, to obey any household regulations that govern the premises where the CotFoo Invitation takes place.
- To not accept unexpected visitors during a CotFoo Meal.
- Not to offer several menus during a CotFoo Meal and, in particular, not to offer a menu.
- To receive your Guests around a single table at which you will join them.
- To respect hygiene and cleanliness regulations relating to the premises, food, and drinks offered during a CotFoo Meal.
- Not to offer accommodation to your Guests as part of a CotFoo Meal.
6. Responsibility – Insurance
Under no circumstances shall we be held responsible in the event that you should fail to respect all or any of the above-mentioned obligations. You agree to make any claim by your Guests, your own personal responsibility in the event that you should fail to respect your obligations and you guarantee us against any recourse from your Guests in this respect.
You guarantee to us that you have adequate public liability insurance to cover these risks and you agree to provide us with a complete copy within eight (8) days of any request on our part.
7. Risks related to be a Host
You acknowledge and accept that the fact of being a Host brings with it certain risks and in particular, without this list being exhaustive, the risk that one of your Guests might break or damage your home or property; the risk that one of your Guests may be sick and infect you or the other Guests; the risk that one of your Guests may divulge and/or use personal information communicated to them by you, for purposes other than the CotFoo Invitation alone.
CotFoo shall not under any circumstances be held responsible for such damage.
8. Intellectual Property – rights to an image
You agree that no photograph that you choose to publish on the CotFoo Website should
show any identifiable person other than yourself.
You agree not to publish any photographs on the CotFoo Website that you or the CotFoo team or any third party authorized by CotFoo has not personally taken.
You guarantee to us that you are the owner of all intellectual property rights to content that you choose to publish and/or transfer via the CotFoo Website and that this content is not “Illicit content” (as the term is defined in the Master Agreement).
You guarantee CotFoo against any action by Guests or third parties caused by failure to respect this commitment.
We remind you that this content, known as “User Content “(as the term is defined in the Master Agreement), is governed by the Master Agreement and we would advise you to reread the latter to become more familiar with the precise details of your rights and obligations in this respect.
9. Modification of the Host’s Agreement
This Host’s Agreement is a membership agreement that can only be unilaterally modified by and at the sole discretion of CotFoo.
CotFoo reserves the right to modify this Host’s Agreement at any time. Any modification of this Agreement will come into effect when it is published on the CotFoo Website and you will be notified immediately by email to the address that you have provided in your User Account.
By continuing to use the CotFoo Website as a Host, you agree to be bound by the modified Host’s Agreement.
If you do not accept the modifications that have been made, you may no longer use the CotFoo Website as a Host and you are obliged to stop offering CotFoo Invitations.
We would advise you to print a copy of each version of the Host’s Agreement that would apply to you for your records. To ensure that you are fully informed, the date of implementation of each modified Host’s Agreement is shown in the heading of the document.
You declare and guarantee to us that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
Use of the CotFoo Website as a Host is considered to be null and void if it is done in violation of this Agreement.
BY USING THE COTFOO WEBSITE AS A HOST, YOU DECLARE AND GUARANTEE TO US THAT YOUR USE OF THE COTFOO WEBSITE AS WELL AS YOUR COTFOO INVITATIONS DO NOT INFRINGE ANY CURRENT LAW OR REGULATION.
11. Exclusion – Withdrawal of access to the CotFoo Website
Without prejudice to its right to make a claim against you and/or to demand compensation for damages, CotFoo reserves the right to withdraw your access to the CotFoo Website, unilaterally and without prior notice, in the event of failure to comply with this Host’s Agreement.
12. GOVERNING LAW
THIS HOST’S AGREEMENT IS SUBJECT TO INDIAN LAW.
13. COMPETENT JURISDICTION - CLAUSE CONFERRING JURISDICTION
These T&Cs shall be governed by and construed in accordance with Indian law and CotFoo and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the Indian courts.
14. Amicable resolution of disputes
Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
Our claims service can be contacted:
- By email at the following address: firstname.lastname@example.org
- By telephone on +91 9826445300
- By post at the following address: 22 Sunshine Farms AB Road Indore India 452012
15. Index of the definitions used in this Host’s Agreement
The following terms used in both the singular and plural in this Agreement are defined in the Master Agreement or in the following articles of this Host’s Agreement:
The following wording: is defined:
Host’s Agreement in Article 1
Illicit Content User Content in the Master Agreement in the Master Agreement
Host in the Master Agreement
Guest in the Master Agreement
Terms and Conditions of Paytm in Article 1
Master Agreement in Article 1
Guest-Host Contract in Article 5.6
CotFoo in Article 1
Paytm in Article 1
Paytm Wallet in the Master Agreement
we / us in Article 1
CotFoo Invitation in the Master Agreement
Contact Service in the Master Agreement
CotFoo Website in Article 1
Term in Article 5.6