PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS AND DINERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES AND AREAS OF RESIDENCE.
You will be contracting with Tall Hobbit irrespective of your permanent and / or temporary residence being India.
Authenticook is an opportunity for talented home chefs (hosts) and equally passionate diners to come together to share a unique cultural dining experience. The Website and Services comprise an online platform through which Hosts (defined below) through representatives of Tall Hobbit may create Listings (defined below) for experiencing Meals (defined below), and Diners (defined below) may learn about and book the Meals with the Hosts. You understand and agree that Tall Hobbit is not an owner or operator of these Listings and is not a party to any agreements entered into between Hosts and Diners.
Tall Hobbit and Authenticook may be used interchangeably and shall be treated as one for all references below.
- "Collective Content" means Member Content and Tall Hobbit Content.
- "Content" means text, graphics, images, music, software (excluding the Website), audio, video, information or other materials.
- "Diner" means a Member who requests, either by himself or herself or through someone else who is a Member including a Partner Channel, from a Host a booking of a meal via the Website or Services.
- "Host" means a Member who creates (through a representative of Tall Hobbit) a Listing via the Website and Services.
- "Listing" means a meal that is listed by a Host (through a representative of Tall Hobbit) as available for experiencing via the Website and Services.
- "Member" means a person who completes Tall Hobbit's account registration process, including but not limited to Hosts, Diners and Partner Channels, as described under "Account Registration" below.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Website or Services.
- "Partner Channel" means a person or entity which does a booking on behalf of a diner or a group of diners; including but not limited to Travel Agents, Hotels and their Concierge Desk Representatives
- "Tall Hobbit Content" means all Content that Tall Hobbit makes available through the Website or Services, including any Content licensed from a third party, but excluding Member Content.
- "Tax" or "Taxes" mean any services tax, sales taxes, value added taxes (VAT), goods and services taxes (GST), that meal providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Website (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Services, or Collective Content.
You acknowledge and agree that, by accessing or using the Website or services or by downloading or posting any content from or on the Website or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Website. If you do not agree to these terms, then you have no right to access or use the Website, Services, or Collective Content. If you accept or agree to these terms 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 terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Tall Hobbit reserves the right to make any modifications to the Website, Services and these Terms of Service, including but not limited to the Terms, the service fees, etc. These modifications may be made by Tall Hobbit without prior notice . The said modifications to the Terms of Service will be available for your reference on the Website or may be communicated to you directly. By continuing to access or use the Website or Services after we have posted a modification on the Website or have communicated to you directly, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services.
How the Website and Services Work
The Website and Services can be used to facilitate the listing and booking of meals ("Meals"). Such Meals are included in Listings on the Website and Services by Hosts. You may view Listings as an unregistered visitor to the Website and Services; however, if you wish to book a Meal or create a Listing, you must first register to create an Authenticook Account (defined below).
As stated above, Tall Hobbit makes available an online platform or marketplace with related technology for Diners and Hosts to meet online and arrange for bookings of Meals directly with each other. Tall Hobbit is not an owner or operator of Meals, including, but not limited to, Meals at Host's homes, Meals prepared by Hosts for takeaways, Meals prepared by Hosts for delivery, Meals prepared by Hosts which are cooked and / or served and provided at the Diner's home. Unless explicitly specified otherwise in our platform, Tall Hobbit's responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Diners and/or Partner Channels on behalf of the Host. Tall Hobbit has no control over the conduct of Hosts, Diners, Partner Channels and other users of the Website and Services, and disclaims all liability in this regard to the maximum extent permitted by law.
PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND DINERS CONNECTING AND BOOKING MEALS DIRECTLY WITH EACH OTHER. TALL HOBBIT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY MEALS. TALL HOBBIT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND MEALS. ACCORDINGLY, ANY BOOKINGS AND LISTINGS WILL BE MADE AT THE DINER'S, HOST'S AND PARTNER CHANNEL'S OWN RISK RESPECTIVELY. TALL HOBBIT HAS NO CONTROL OVER THE CONDUCT OF HOSTS OR THE DINERS AND DISCLAIMS ITSELF FROM ALL LIABILITIES IN THIS REGARD.
In order to access certain features of the Website and to book a Meal or create a Listing, you must register to create an account ("Authenticook Account") and become a Member. You may register to join the Services directly via the Website or as described in this section.
We will create your Authenticook Account and your Authenticook Account profile page for your use of the Website based upon the personal information you provide to us. You may not have more than one (1) active Authenticook Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Authenticook Account and your access to the Website and Services if you create more than one (1) Authenticook Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Authenticook Account, whether or not you have authorized such activities or actions. You will immediately notify Authenticook of any unauthorized use of your Authenticook Account.
As a Host, during the registration and empanelment process, Authenticook will need a scanned image of your PAN card and/or Aadhar card. Unless the same has not been provided, your empanelment as a Host with Authenticook will be deemed incomplete.
As a Member, you may, through an Authenticook representative create Listings. To create a Listing, you will be asked a variety of questions about the Meal to be listed, including, but not limited to, the menu, type of meal, start time and end time, minimum and maximum number of Diners, location, other features, and dates for hosting the meals and pricing and related rules and financial terms. In order to be featured in Listings via the Website and Services, all Meals must have valid physical addresses. Listings will be made publicly available via the Website and Services. Other Members will be able to book your Meals via the Website and Services based upon the information provided in your Listing. You understand and agree that once a Diner requests a booking of your Meal, you may not request the Diner to pay a higher price than as mentioned in the Listing.
When registering with Authenticook you must provide us with only true, accurate and complete information; failing which, we will not be able to provide you with the Service.
You acknowledge and agree that you are responsible for any and all Listings that Authenticook posts on your behalf. Accordingly, you represent and warrant that any Listing posted and the booking of, or a Diner's experience at, a Meal in a Listing posted by Authenticook on your behalf (i) will not breach any agreements you may have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Meals included in a Listing posted by Authenticook on your behalf (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services or Diners.
If you are a Host, you understand and agree that Tall Hobbit does not act as an insurer or as your contracting agent. If a Diner requests a booking of your Meal and experiences your Meal, any agreement you enter into with such Diner is between you and the Diner and Tall Hobbit is not a party thereto. Notwithstanding the foregoing, Tall Hobbit serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Diners of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Meal at your request or invitation, excluding the Diner (and the individuals the Diner invites to the Meal, if applicable.)
Tall Hobbit may offer Hosts the option of having photographers take photographs of their Meals and homes. All images, materials and content created by these photographers provided by us, including images, constitute Tall Hobbit Content. You agree that Tall Hobbit retains its right to and may use these images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Tall Hobbit does not recommend any Member or any Meal. You understand that images put up on the Website are intended only to indicate a photographic representation of the Meal and home at the time the photograph was taken. These are therefore not a recommendation by Tall Hobbit of any Member or any Meal. Members are required by these Terms to provide accurate information, and although Tall Hobbit may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Website or Services to a Member being "Certified" (or similar language) only indicates that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not a recommendation, certification or guarantee by Tall Hobbit about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Meal with a Host or to conduct a Meal, or to have any other interaction with any other Member.
By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Tall Hobbit or any of its Directors, Promoters or Employees with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against Tall Hobbit regarding the remittance of payments received from a Diner by Tall Hobbit on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
"Meal Fees" means the amounts that are due and payable by a Diner or Partner Channel on behalf of its clients in exchange for the Meal booked by the Diner or Partner Channel for himself or herself and the individuals that the Diner invites to the Meal, if applicable. The Host alone, and not Tall Hobbit, determines these amounts.
"Diner Service Fees" or "Service Fees" means the fee that Tall Hobbit charges a Diner or Partner Channel on behalf of its clients for the use of its online platform.
"Total Fees" means collectively the Meal Fees and the Diner Fees (plus any Taxes).
Bookings and Financial Terms for Hosts
When a booking is confirmed via the Website and Services, we will share with you the first name of the Diner who has requested the booking along with the number of diners the booking is being made for and their confirmation code. In addition, we will also share further details of the fellow diners if so provided by the Diner making the booking.
Tall Hobbit will collect the Total Fees at the time of booking confirmation and will initiate payment of the Meal Fees to the Host within 48 to 72 hours of when the Diner concludes the applicable Meal (except to the extent that a refund is due to the Diner). The time it takes for the Host to receive payouts may depend upon the settlement time taken by the respective banks for the fund transfer. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
The amount payable to you would be as per the number of diners communicated to you by Tall Hobbit via an email received by you 36 hours (lead time communicated by you) prior to the meal. In case there are any last minute bookings taking place within the lead time, we will update you of the same. This acceptance of additional diners within the lead time is contingent to your acceptance of additional bookings in the first place.
If you owe or agree to pay any amount to us (whether as a result of your bookings or actions as a Diner or otherwise), then Tall Hobbit may (but is not obliged to) withhold the amount owing to Tall Hobbit from any payout amounts due to you as a Host, and use the withheld amount to set-off the amount owed by you to Tall Hobbit. If we do so, then your obligation to pay us will be extinguished to the extent of the amount withheld by us, and we will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of Tall Hobbit as Limited Payment Collection Agent for Host
Each Host hereby appoints Tall Hobbit as the Host's limited payment collection agent solely for the purpose of accepting the Meal Fees from Diners.
Each Host agrees that payment made by a Diner or Partner Channel to Tall Hobbit, shall be considered the same as a payment made directly to the Host, and the Host will make the Meal available to the Diner or clients of the Partner Channel in the agreed-upon manner as if the Host has received the Meal Fees. Each Host agrees that Tall Hobbit may, (i) permit the Diner or Partner Channel to cancel the booking and (ii) refund (via Tall Hobbit) to the Diner or Partner Channel that portion of the Meal Fees specified in the applicable cancellation policy. Each Host understands that as Tall Hobbit accepts payments from Diners or Partner Channels as the Host's limited payment collection agent and that Tall Hobbit's obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Diners or Partner Channels. Tall Hobbit does not guarantee payments to Hosts for amounts that have not been successfully received by Tall Hobbit from Diners or Partner Channels. In accepting appointment as the limited authorized agent of the Host, Tall Hobbit assumes no liability for any acts or omissions of the Host.
Please note that Tall Hobbit does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that Tall Hobbit reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Tall Hobbit will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Diners
The Hosts, not Tall Hobbit, are solely responsible for honouring any confirmed bookings and making available any Meals reserved through the Site and Services. If you, as a Diner or Partner Channel, choose to enter into a transaction with a Host for the booking of a Meal, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Meal imposed by the Host. You acknowledge and agree that you, and not Tall Hobbit, will be responsible for performing the obligations of any such agreements, that Tall Hobbit is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Tall Hobbit disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Tall Hobbit is not a party to the agreement between you and the Host, Tall Hobbit acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Tall Hobbit, your payment obligation to the Host for the Meal Fees is extinguished, and Tall Hobbit is responsible for remitting the Meal Fees, in the manner described in these Terms. In the event that Tall Hobbit does not remit any such amounts as described in these Terms, such Host will have recourse only against Tall Hobbit.
The Total Fees payable will be displayed to a Diner or Partner Channel before the Diner or Partner Channel initiates the booking process. If a confirmed booking is cancelled, any amounts collected by Tall Hobbit will be refunded to such Diner, depending on the Refund and Cancelation Policy as detailed out later in these Terms of Service, and any pre-authorization of such Diner's credit card will be released, if applicable.
You as a Diner or Partner Channel agree to pay Tall Hobbit for the Total Fees for any booking requested in connection with your Authenticook Account. Please note that Tall Hobbit cannot control any fees that may be charged to a Diner or Partner Channel by his or her bank related to Tall Hobbit's collection of the Total Fees, and Tall Hobbit disclaims all liability in this regard.
'Damage to property during a meal'
As a Diner or a Partner Channel, you are responsible for ensuring that no damage is caused to the property of the Host. You as a registering member will be responsible for the act of those you have made the bookings for as well. You acknowledge and agree that, as a Diner or Partner Channel, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to the event. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. In situations in which you have been determined, in Authenticook's sole discretion, to have caused damage to host venue, including, but not limited to, in relation to any payment requests made by Hosts and in relation to any payments made by Authenticook to Hosts, you agree to remit payment for any damage to the host venue accommodation to the applicable Host or to Authenticook (if applicable).
Diners, Hosts and Partner Channels agree to cooperate with and assist Authenticook in good faith, and to provide Authenticook with such information and take such actions as may be reasonably requested by Authenticook, in connection with any complaints or claims made by Members relating to host venue or any personal or other property located at an host venue or with respect to any investigation undertaken by Authenticook or a representative of Authenticook regarding use or abuse of the Website or the Services. If you are a Diner or a Partner Channel, upon Authenticook' s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Authenticook or a third party selected by Authenticook or its insurer, with respect to losses for which the Host is requesting payment from Authenticook
In consideration for the use of Tall Hobbit's online marketplace and platform, Tall Hobbit charges the Service Fees or Diner Service Fees. Where applicable, Taxes may also be charged in respect of the Diner Fees. Diner Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Tall Hobbit to Hosts via cheque, direct deposit or other payment methods described on the Website, depending upon the selections the Host makes.
In certain cases, there may be a share of Diner Fees that may be payable to Partner Channels. The same would be visible to the Partner Channels on their Authenticook Account profile page. The payment of its share of Diner Fees will be initiated to the Partner Channel within 4 to 7 working days of when the applicable Meal concludes.
Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Request a Date:
This feature has been provided where you as a Diner are interested in a particular meal and the identified listing date is not convenient to you. In such a case you can "Request a Date" from the Host by providing up to 3 alternate dates on which you would like to do the meal. We will check with the Host if any of these dates mentioned are convenient to him/her. If convenient to the Host, this meal would then be listed on the website and you can book the meal via the email that you receive or the website listing. The "Request a Date" feature can also be combined with the "Private Dining" or "Houston, we have a solution" feature. To know more about "Private Dining" or "Houston, we have a solution", please visit "How it Works" on our website or relevant clause of the Terms of Service.
This feature has been provided where you as a Diner are interested in a particular meal where you want to book the entire table, which means that it will be only your group that will be present at the meal. A "Private Dining" experience is one in which only 1 booking is accepted i.e. YOURS. All you need to do is make a booking for the minimum table value which in this case will be the minimum number of diners x price per diner OR actual number of diners x price per diner, whichever is higher.
Houston, we have a solution:
This feature has been provided where you as a Diner are keen on a meal going through irrespective of the minimum number of Diners not being met for the meal. All you need to do is make a booking for the minimum table value which in this case will be minimum number of diners x price per diner OR actual number of diners x price per diner, whichever is higher. The benefit of "Houston, we have a solution" is that in case there are additional bookings which lead to minimum seat criteria being met, you will be refunded the additional payment made to you to meet the minimum seat criteria initially.
Cancellations and Refunds
If, as a Diner or Partner Channel, you wish to cancel a confirmed booking made via the Site and Services, at least 48 hours in advance of the stated start time of the Meal, you will get the refund of the entire payment made by you excluding the Diner Fees and any other taxes as applicable (including the Partner Channel's share), which would be the same as the Total Fees less Diner Fees i.e. Meal Fees within a commercially reasonable time.
If, as a Diner or Partner Channel, you wish to cancel a confirmed booking made via the Site and Services, less than 48 hours in advance of the stated start time of the Meal, you will not get any refund.
Meals on the Authenticook platform should meet minimum quality standards regarding safety, access, timeliness and cleanliness, and they should be consistent with the description provided by the Host. If a Diner who books and pays for a meal suffers a 'Health Issue' because the meal does not meet our standards, the Diner may be eligible for a refund in accordance with the Refund Policy. In the event that any of the valid issues are on account of certain acts of the Host, we would have the complete authority to charge the Host for the amount being refunded to the particular Diner.
A valid issue generally falls into any of the following categories (1) the Host fails to provide the Diner with the reasonable ability to access the meal or (2) the description of the Meal in the Listing on the Website is materially different from the actual Meal. To submit a valid claim for a refund, a Diner is required a) to bring the issue to our attention within 24 hours after the start of your Meal (including photographs or other evidence) and respond to our requests for information or co-operation, (b) not have directly or indirectly caused the issue and (c) to have used reasonable efforts to try to remedy the circumstances of the issue with the Host prior to making a claim. If you still have questions regarding the policy, please contact us.
No action of Tall Hobbit may be construed as accepting any liability other than as mentioned herein. Notwithstanding the foregoing, Tall Hobbit, including without limitation any content, data and any information related thereto, is provided on an "As Is " and "As Available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
We do not warrant that Tall Hobbit will be uninterrupted or error-free. We may correct, modify, amend, enhance, improve and make any other changes to the Website and Services at any time or to discontinue displaying or providing any content or features without a notice to you.
We hereby disclaim all warranties and conditions with regard to the use of the Website and Services, including but not limited to the availability, reliability, or quality of the Website and Services and/or the food events distributed through the Website and Services, including the nature and quality of the food served in such events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through the Website and Services, including by Hosts or Diners. We do not endorse any entity, product or service mentioned in any user generated content available on the Website and Services.
Our ability to refund the Meal Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Website.
If a Diner or Partner Channel cancels a confirmed booking made via the Website and Services, at least 48 hours in advance of the stated start time of the Meal, and the cancellation triggers the minimum number of Diner participants not being met for the Meal (as mentioned by the Host in the Listing), the Host will have the option to go ahead with hosting the Meal or cancel the Meal as long as the cancellation by the Host is done at least 24 hours before the stated start time of the Meal. The option of cancellation in such cases can be exercised twice in a month.
If a Diner or Partner Channel cancels a confirmed booking made via the Site and Services, less than 48 hours in advance of the stated start time of the Meal and the cancellation triggers the minimum number of Diner participants not being met for the Meal (as mentioned by the Host in the Listing), the Host will need to go ahead with the Meal, in case there are further Diners who had booked the Meal. In such an event, 100% of the penalty (excluding the Diner Fees and the applicable taxes) levied on the Diner will be paid to the Host.
A Diner will be barred from participating on Authenticook if he or she cancels 5 Meals in a 12 month calendar period.
Once the Diner is barred from participating on Authenticook owing to cancellations on his or her part, he or she can de-bar himself or herself on payment of a fee of Rs. 500.
If a Host cancels a confirmed booking made via the Site and Services, (i) Tall Hobbit will refund the Total Fees for such booking to the applicable Diner within a commercially reasonable time of the cancellation and (ii) the Diner will receive an email or other communication from Tall Hobbit containing alternative Listings and other related information. If the Diner requests a booking from one of the alternative Listings, then the Diner agrees to pay Tall Hobbit the Total Fees relating to the confirmed booking for the Meal in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Diner, have not received an email or other communication from Tall Hobbit, please contact us.
In case the minimum number of Diners have not signed-up for a Meal, the Host can cancel a meal within 48 hours but at least 24 hours before the stated start time of the Meal. This option can be exercised twice in a month by the Host, in case there are other confirmed Diners for that Meal.
We would advise that the Host goes ahead with the Meal despite the minimum number of Diners not being met, since it would affect his ratings; to incentivise the Host in such cases, Tall Hobbit at its sole discretion may share a part of the Diner Fees with the Host. This will be communicated by Tall Hobbit to the Host at the time that such situation arises.
Penalty-free cancellation in case the host cancels prior to 7 days from the confirmed Meal. There would be no cancellation fees applicable in this case.
If the host cancels within 7 days of the confirmed Meal, he or she is eligible to cancel twice in a month or three consecutive cancellations, beyond this, the Host will be barred from hosting on Authenticook.
Once the Host cancels, we will refund the Diners within a commercially reasonable time.
Once the Host is barred from hosting on Authenticook owing to cancellations on his or her part, he or she can de-bar himself or herself on payment of a fee of Rs. 500.
In addition to the above mentioned, if, as a Host, you cancel a confirmed booking, Tall Hobbit may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies when you decide to cancel. We may at our sole discretion, in the event of the host cancelling the event, ask for a security deposit of INR 5,000 for future events.
In certain circumstances, Tall Hobbit may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Website and Services. This may be for reasons which may be considered as being extenuating circumstances.
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website and Services. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- 5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
In addition, you may not use your Authenticook Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website or Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of Website), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to Tall Hobbit and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms of Service, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Tall Hobbit's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content.
The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Tall Hobbit is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tall Hobbit of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Tall Hobbit may integrate commercials, advertisements and/or sponsored links, whether within or beside the Website. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and Tall Hobbit makes no warranties or representations as to such advertisements, whether or not Tall Hobbit has control over such advertisements. Tall Hobbit, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying Member or not.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org or through the "Say Hello" (https://www.authenticook.com/say-hello/) section of the Website. You acknowledge and agree that all Feedback will be the sole and exclusive property of Authenticook and you hereby irrevocably assign to Authenticook and agree to irrevocably assign to Authenticook all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Authenticook's request and expense, you will execute documents and take such further acts as Authenticook may reasonably request to assist Authenticook to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Suspension, Termination and Authenticook Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Authenticook Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Authenticook Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Services, your Authenticook Account, your Member Content, or receive assistance from Authenticook Customer Service, (b) any pending or accepted future bookings as either Host or Diner will be immediately terminated, (c) we may communicate to your Diners or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Diners in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Diners to inform them about potential alternate Meals with other Hosts that may be available on the Website and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Authenticook Account. You may cancel your Authenticook Account at any time via the "Disable Account" feature of the Services or by sending an email to email@example.com. Please note that if your Authenticook Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TALL HOBBIT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, DINERS, PARTNER CHANNELS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TALL HOBBIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TALL HOBBIT MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY MEALS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TALL HOBBIT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, MEALS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TALL HOBBIT OR THROUGH THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS, DINERS OR PARTNER CHANNELS. YOU UNDERSTAND THAT TALL HOBBIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES OR TO REVIEW OR VISIT ANY MEALS. TALL HOBBIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DINERS, PARTNER CHANNELS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TALL HOBBIT. NOTWITHSTANDING TALL HOBBIT'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM DINERS OR PARTNER CHANNELS ON BEHALF OF THE HOSTS, TALL HOBBIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY DINER, PARTNER CHANNEL OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY MEAL VIA THE WEBSITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF AUTHENTICOOK WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TALL HOBBIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY MEAL VIA THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALL HOBBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL TALL HOBBIT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY MEAL VIA THE WEBSITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY MEAL OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE WEBSITE AND SERVICES AS A DINER OR PARTNER CHANNEL IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY TALL HOBBIT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR THREE THOUSAND INDIAN RUPEES (RS. 3,000), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TALL HOBBIT AND YOU.
You agree to release, defend, indemnify, and hold Tall Hobbit and its affiliates and subsidiaries, and their promoters, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Meal, or (iii) creation of a Listing; and (d) the use, condition or consumption of a Meal by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a consumption, booking or use of a Meal.
If you dine with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Authenticook by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Tall Hobbit and you regarding the Website, Services, Collective Content, and any bookings or Listings of Meals made via the Website and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tall Hobbit and you regarding bookings or listings of Meals, the Website, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Tall Hobbit's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tall Hobbit may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of India. You and we agree to submit to the personal jurisdiction of the court of Mumbai for any claim or matter arising out of these Terms of Service.
These Terms of Service are governed by the laws of India. The courts in Mumbai, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Service. Unless you have entered into an additional agreement with Tall Hobbit that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Tall Hobbit which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.
The failure of Tall Hobbit to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tall Hobbit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.