Terms of Use

1. Contractual Relationship

By accessing or using the Services, you confirm to be bound by these Terms. If you do not agree with the terms set forth in this agreement, you may not access or use the Services MyCasaFood provides its users. MyCasa retains the right to revoke, suspend, or immediately terminate these Terms or any Services with respect to you, or in general cease offering and or deny access to the Services or a portion thereof at any time for any reason deemed fit by MyCasaFood.

MyCasaFood reserves the right to amend the Terms at any time. Any amendments to the Terms will be effective upon MyCasaFood's posting of such updated Terms at this location. By your continued access and or use of the Services MyCasaFood provides there after confirms your consent with the updated terms and you recognize that you're now bound by the Terms as amended. 

2. Arbitration Agreement

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Unless you and MyCasaFood otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MyCasaFood submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Uber will not seek, and hereby waives all rights Uber may have under applicable law to recover attorneys' fees and expenses if Uber prevails in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Uber will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if MyCasaFood changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing MyCasaFood written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

The MyCasaFood Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the MyCasaFood Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book reservations for such Host Services ( Members using Host Services are “Customers”). Host Services may include the offering of up to 3 course meals for Guests with variable time durations.  Customers are to conduct their own due dilligence on each listing, MyCasaFood does not warrant nor guarantee any statements made by the Host pertaining to their service.

As the provider of the MyCasaFood Platform, MyCasaFood does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is MyCasaFood an organizer or retailer of food. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a reservation , they are entering into a contract directly with each other. MyCasaFood is not and does not become a party to or other participant in any contractual relationship between Members, nor is MyCasaFood a restaurant, caterer, or food peddler in any capacity for any member. MyCasaFood serves as a marketing company that also processes payments and ensures payout services to all Hosts.

While we may help facilitate the resolution of disputes between members, MyCasaFood has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) The degree of accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. MyCasaFood does not endorse any Member, Listing, or Host Services. Any references to a Member being “verified” (or any other similar language insinuating verification) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by MyCasaFood about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe, or suitable. You should always exercise due diligence and caution when deciding whether to book Reservations, and participate in Host Services. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and therefore are not endorsed by MyCasaFood of any Host or Listing.

If you choose to use the MyCasaFood Platform as a Host, your relationship with MyCasaFood is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of MyCasaFood for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of MyCasaFood. MyCasaFood does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services or otherwise engage in other business or employment activities. 

To Promote the MyCasaFood Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. MyCasaFood cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The MyCasaFood Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

The MyCasaFood Platform may contain links to third-party websites or resources. Such Third-Party Services may be subject to different Third-Party Services are not an endorsement by MyCasaFood of such Third-Party Services. 

MyCasaFood cannot guarantee the continuous and uninterrupted availability and accessibility of the MyCasaFood Platform. MyCasaFood may restrict the availability of the MyCasaFood Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out regular or irregular maintenance measures to ensure optimal functionality of the MyCasaFood platform. MyCasaFood may improve, enhance and or modify the MyCasaFood platform and introduce new MyCasaFood Services on occasion.

Restrictions:

You may not remove any copyright, trademark or other proprietary information from the website or application.

License

Subject to your compliance with these terms, MyCasaFood grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MyCasaFood and MyCasaFood's licensors.

4. Access and Use of Services Provided by MyCasaFood

To use most aspects of the Services, you must register for and maintain an active personal member account. To use MyCasaFood services you must be at least 18 years old to create an account.  Account registration requires you to submit personal information such as: first and last name, address, mobile phone number, birthdate, as well as at minimum one valid payment method that is supported by MyCasaFood.  You agree to maintain accurate and complete account information that you will update as soon as possible when account information becomes out-dated. If you fail to maintain accurate account information it could result in the suspension of use of our Services. For example an invalid or expired payment method will result in suspension of use of MyCasaFood services until that payment information is correctly updated.If you have a secondary payment method listed in your account you acknowledge and warrant MyCasaFood to collect payment from that secondary account. You understand that you are responsible for all the activity that is incurred under your Account, and that you agree to ensure your Account security and secrecy of your Account username and password. You are only able to possess one account with MyCasaFood.

To provide Host Services and create Listings, you must make a Host account. To create a Host Account you must be at least 18 years of age to create an account. Account registration requires you to submit personal information such as: first and last name, address (the address that you will be conducting Host Services out of), mobile phone number, birthdate, as well as other information MyCasaFood deems pertinent to describing the extent of your Host Services such as: how many people can you comfortably sit, The extent of your service (Classic, Standard, Gourmet), photo of yourself and other photos that help showcase either the neighborhood in which your Host Services reside or the food you'll be cooking. You'll also be required to submit information for a background check that is performed by a third-party.

Account Registration

You must register an account (“MyCasaFood Account”) to access and use certain features of the MyCasaFood Platform, such as publishing or making reservations for a Listing. If you are registering a MyCasaFood Account for a business, organization or other legal entity, you have the authority to legally bind that entity and grant MyCasaFood all permissions and licenses provided in the Terms.

You can register a MyCasaFood Account using an email address and creating a password, or through your account with other certain third-party social networking services, such as Facebook. You must provide accurate,  current, and complete information during the registration process and keep your MyCasaFood Account up-to-date.

You may not register more than one (1) MyCasaFood Account unless MyCasaFood authorizes you to do so. You may not assign or transfer your MyCasaFood Account to another party.

Member Requirements & Conduct

The Service is not available for use by individuals under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Host Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the MyCasaFood Platform and Host Services.  You may only access or use the MyCasaFood Platform and Host Services for lawful purposes. You may not in your access or use of the Host Services or MyCasaFood Platform cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you are found to be in violation of these terms you are subject to suspension, revocation, and or termination of your Member Account without notice and at sole discretion of MyCasaFood. In certain instances you may be asked to provide proof of identity or other method of identity verification access to or use of the Host Services if you refuse to provide proof of identity or other method of identity verification your use of the MyCasaFood Platform will be revoked, suspended, or terminated.

Text Messaging & Phone Calls

You agree that MyCasaFood may contact you by text message or phone call at any of the phone numbers you provide MyCasaFood, this includes for marketing purposes. You understand that by using our services you consent to receiving text messages and phone calls from MyCasaFood. 

User Provided Content

MyCasaFood reserves the right, in MyCasaFood's sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to MyCasaFood through the Services text, audio, and or visual content and information which includes: commentary and feedback related to the Services, initiation of user support requests, and submission of entries for competitions, promotions, and or sweepstakes. Any User Content provided by you remains your personal (intellectual & physical) property.  MyCasaFood however is granted by you a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such MyCasaFood Content in all formats and distribution channels now known or created hereafter. Without further notice to or consent from you, and without requirement of payment to you or any other person or entity. 

You agree to not submit to or provide User Content that is defamatory, hateful, violent, pornographic, unlawful, or otherwise deemed offensive by MyCasaFood. At MyCasaFood's sole discretion MyCasaFood may, but is not obligated to monitor, review or permanently delete User Content at MyCasaFood's sole discretion at any time and for any reason without notice to the respective user or users.

MyCasaFood may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “MyCasaFood.com Verified Photo” or similar wording (“Verified Images”).You acknowledge and agree that MyCasaFood shall have the right to use any Verified images in accordance with the above aforementioned paragraph for advertising, marketing and or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where MyCasaFood is not the exclusive owner of Verified Images, by using such Verified Images on or though the MyCasaFood Platform, you grant MyCasaFood an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. MyCasaFood in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the MyCasaFood Platform solely for your personal and non-commercial use.

You are held solely responsible for all Member Content that you make available on or through the MyCasaFood Platform. You also represent and warrant the following: (i) you either are the sole and exclusive owner of all Member Content that you make available or you have all rights, licenses, consents, and releases that are necessary to grant to MyCasaFood the right sin and to such Member Content, as described under these Terms; and (ii) neither the Member Content or MyCasaFood’s use of the Member Content (or any portion thereof) as described under these Terms will infringe, violate, or misappropriate a third party’s patent, trademark, trade secret, copyright, moral rights or other intellectual or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Network Access and Devices

You are held responsible for obtaining the data network access necessary to use the Services MyCasaFood provides. Your respective mobile network's data and messaging rates and fees may apply if you access or use the services from your mobile device ( this includes: mobile smart phone, tablet, laptop). MyCasaFood does not guarantee that the Services will function on any particular hardware or devices. You acknowledge and agree that you are responsible for updating  software and or acquiring the necessary devices that are compatible with MyCasaFood's Services and Applications and any updates.

5.Payment

MyCasaFood may charge fees to Hosts (“Host Fees”) and or Customers (“Customer Fees”) (collectively, “Service Fees”) in consideration for the use of the MyCasaFood Platform. 

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Customer prior to publishing or booking a Listing. Airbnb reserves the right to change the Service Fees at any time. Such fee changes will not affect any reservations made prior to the effective date of the fee change. 

You are responsible for paying any Service Fees that you owe to MyCasaFood. The applicable Services Fees (including any applicable Taxes) are collected by MyCasaFood. MyCasaFood will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Customer Fees are included in the Total Fees collected by MyCasaFood. Except as otherwise provided on the MyCasaFood Platform, Service Fees are non-refundable.

 Terms applicable to all Listings

When creating a Listing through the MyCasaFood Platform you must (i) provide complete and accurate information about your Host Service ( such as listing description, location, and calendar availability, and time), (ii) disclose any deficiencies, restrictions (such as house rules or duration of reservations) and requirements that apply and (iii) provide any other pertinent information requested by MyCasaFood. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable for your Listing ("Listing Fee"). Once a Customer requests a reservation of your Listing, you may not request that the Customer pays a higher price than in the reservation request.

 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these terms or the relevant cancellation policy for your Listing.

 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. MyCasaFood reserves the right to require that Listings have a minimum number of Images of a certain format, size, and resolution.

The placement and ranking of Listings in search results on the MyCasaFood Platform may vary depending on a number of factors, such as Customer search parameters and preferences, Host requirements, price and calendar availability, number and quality of images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and or ease of booking.

When you accept or have pre-approved a reservation request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Host Service (s) to the Customer as described in your Listing when the reservation request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

Terms Specific for Customers

You should carefully review the description of any Host Service you create reservations for to ensure that you and any additional guests you are booking for meet any minimum requirements which the Host has specified in their Listing (such as being able to attend at the time Host Service starts, must like certain foods, etc.) .  In addition, certain laws like minimum legal drinking age in the location of the Host Service may also apply. You are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to your reservation. Please note while drinking may be allowed or provided by the Host, MyCasaFood is neither responsible nor condoning the consumption of alcohol and it is up to you to ensure your own safety and be in compliance with the law. 

During a Host Service you must at all times adhere to the Hosts' instructions. 

You may not bring any additional guests or individuals to a Host Service unless such individual or Customer was added by you as an additional Customer during the Reservation process on the MyCasaFood Platform.

Booking Modifications, Cancellations and Refunds

Disclaimer

Limitation of Liability

Indemnity

Cancellation Policy

When using MyCasaFood, you're trusting us with your data and we don't take that lightly. At MyCasaFood we are fully committed to keeping that trust. The first step to doing that is reading our privacy policy which details the personal data we collect, how it's used, shared, and your choices regarding this data.

II. Overview

A.) The Data We Collect