Terms of Service
Last Updated: September, 2016
REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
MealTango LLC. (hereafter referred to as “MealTango”, "we", "us", or "our")
provides an online platform that connects homechefs who
want to provide home made food and customers who want to order
from these home chefs (collectively, the “Services”), which
Services are accessible at http://www.mealtango.com and any
other websites through which MealTango makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally
bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding
you have no right to obtain information from or otherwise continue using the Site.
Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
MealTango reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms,
including the Service Fees, at any time and without prior notice. If we modify these
Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site
or Services after we have posted a modification on the Site or have provided you with notice of a modification,
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 Site and Services.
The Site and Services are intended solely for persons who are 18 or older.
Any access to or use of the Site or Services by anyone under 18 is expressly prohibited.
By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work:
The Site and Services can be used to facilitate the orders of meals
from home chefs. Such options are included in Listings on the Site
and Services by home chefs. You may view Listings as an
unregistered visitor to the Site and Services; however, if you wish
to book a meal or create a Listing, you must first register to create
a MealTango Account.
As stated above, MealTango makes available an online platform or marketplace with related
technology for Guests and Hosts to meet online and arrange for sharing homemade meals directly with each other.
MealTango is not an owner or operator of these listings. MealTango’s responsibilities are limited to:
(i) facilitating the availability of the Site and Services and
(ii) serving as the limited
payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
If you have a MealTango Account, we may display your profile & meal listing
name, profile, home and food photos, reviews received for your meal listings in
our Services, including displaying in marketing events, ads and other
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS
AND GUESTS MEETING EACH OTHER AND TO ENABLE THEM TO AGREE TO BOOKINGS OF MEALS. MEALTANGO CANNOT AND DOES NOT CONTROL
THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTINGS. MEALTANGO IS NOT RESPONSIBLE FOR AND
DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS.
ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and
to book a meal or Start sharing meals as a host, you must register to create an account (“MealTango Account”) and become a Member.
You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third party social
networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”,
via our Site, as described below. As part of the functionality of the Site and Services, you may link your MealTango
Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to MealTango through
the Site or Services; or (ii) allowing MealTango to access your Third Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your
Third Party Account login information to MealTango and/or grant MealTango access to your Third Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use
of the applicable Third Party Account and without obligating MealTango to pay any fees or making MealTango subject to any usage
limitations imposed by such third party service providers. By granting MealTango access to any Third Party Accounts, you understand
that MealTango will access, make available and store (if applicable) any Content that you have provided to and stored in your Third
Party Account (“SNS Content”) so that it is available on and through the Site and Services via your MealTango Account and MealTango
Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content
for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have
set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available
on and through your MealTango Account on the Site and Services. Please note that if a Third Party Account or associated service becomes
unavailable or MealTango’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will
no longer be available on and through the Site. You have the ability to disable the connection between your MealTango Account and your
Third Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD
PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. MealTango makes no effort to review
any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and MealTango is not responsible
for any SNS Content.
We will create your MealTango Account and your MealTango Account profile page for your use of the Site based upon the personal
information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active MealTango
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. MealTango reserves the right to suspend or terminate your MealTango Account and your access
to the Site and Services if you create more than one (1) MealTango 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 MealTango Account, whether or not you have authorized such activities or actions. You will immediately notify MealTango of
any unauthorized use of your MealTango Account.
MealTango does not recommend any Members or any Meals. In addition, although these Terms require Members to provide accurate information,
we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability
of others who you contact via the Site, Application and Services. By using the Site and 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 and you agree not to attempt to impose liability on, or seek any legal remedy from MealTango with
respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding
any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against MealTango regarding the remittance of payments received from a Guest by MealTango 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:
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your meal via the Site and Services, you will be required to either confirm or reject
the booking within 24 hours of when the booking is requested (as determined by MealTango in its sole discretion) or the booking request will
be automatically cancelled. When a booking is requested via the Site and Services, we will share with you (i) the first and last name of the
Guest who has requested the booking, (ii) a link to the Guest’s MealTango Account profile page, so that you can view such information before
confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a meal within such 24 hour period, any
amounts collected by MealTango for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such
credit card will be released. When you confirm a booking requested by a Guest, MealTango will send you an email confirming such booking.
The fees displayed in each Listing are comprised of the meal Fees. Where applicable, Taxes may be charged in addition to the meal Fees.
The Meal Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. Please note that it is the Host and not
MealTango which determines the meal Fees.
The Meal Fee may include a cleaning fee, at the Host’s discretion.
MealTango charges a fee to Guests for use of the online platform based upon a percentage of applicable meal Fees.
MealTango will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment
of the meal Fees (less MealTango‘s Service Fees) to the Host within 24 hours of when the
Guest arrives at the applicable meal-home (except to the extent that a refund is due to the Guest).
Appointment of MealTango as Payment Collection Agent for Host:
Each Host hereby appoints MealTango as the Host’s limited payment collection agent solely for the purpose of collecting payments made
by Guests on behalf of the Host. Each Host agrees that payment made by a Guest through MealTango shall be considered the same as a payment
made directly to the Host and the Host will make the meal available to Guest in the agreed upon manner as if the Host has received the meal Fees.
Each Host agrees that, MealTango may, in accordance with the cancellation policy, (i) permit the Guest to cancel the booking and (ii)
refund to the Guest that portion of the Meal Fees specified in the applicable cancellation policy. In accepting appointment as the limited
authorized agent of the Host,
MealTango assumes no liability for any acts or omissions of the Host.
Membership Fees and Charges for Hosts
Hosts are required to pay membership charges upon joining
MealTango Service. All fees set forth towards membership shall be
deemed to have been earned on the date payment is due and
shall be non-refundable. Fees paid shall not be refundable under
Bookings and Financial Terms for Guests:
The Hosts, not MealTango, are solely responsible for honoring any confirmed bookings and making available any meals reserved
through the Site and Services. If you, as a Guest, 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 bookings imposed by the Host. You acknowledge and agree that you, and not MealTango, will be responsible for
performing the obligations of any such agreements, that MealTango is not a party to such agreements, and that, with the exception of its payment
obligations hereunder, MealTango disclaims all liability arising from or related to any such agreements. You acknowledge and agree that,
notwithstanding the fact that MealTango is not a party to the agreement between you and the Host, MealTango 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 amounts to MealTango which are due to
the Host, your payment obligation to the Host for such amounts is extinguished, and MealTango is responsible for remitting such amounts, less
MealTango’s Service Fees, to the Host. In the event that MealTango
does not remit any such amounts to a Host, such Host will have recourse only against MealTango.
Listings for Meals will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within
24 hours of when the booking is requested (as determined by MealTango in its sole discretion) or the requested booking will be automatically
cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by MealTango will be refunded
to such Guest, depending on the selections the Guest makes via the Site,
and any pre-authorization of such Guest’s credit card will be released, if applicable.
You agree to pay MealTango for the Total Fees for any booking requested in connection with your MealTango Account if such requested
bookings are confirmed by the applicable Host. Once MealTango receives confirmation of your booking from the applicable Host, MealTango
will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable
Listing. Please note that MealTango cannot control any fees that may be charged to a Guest by his or her bank related to MealTango’s
collection of the Total Fees, and MealTango disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name,
billing address and credit card information either to MealTango or its third party payment processor. You agree to pay MealTango
for any confirmed bookings made in connection with your MealTango Account in accordance with these Terms by one of the methods described
on the Site– e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as
part of requesting the booking, either directly by MealTango or indirectly, via a third party online payment processor or by one of the payment
methods described on the Site. If you are directed to MealTango’s third party payment processor, you may be subject to terms and conditions
governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
MealTango reserves the right to accept or decline requests for hosting by any user.
In consideration for the use of MealTango’s online marketplace and platform, MealTango collects service fees from Hosts
(“Service Fees”) at the rate of HOST_SERVICE_FEE% of the price of the meal. Service Fees are deducted from the Meal Fees before remitting the Meal Fees to the Host, within 24 hours of when the
at the applicable meal location, assuming no disputes occur.
Guests are not charged a service fee, however guests are charged for credit card processing fees as applicable.
The service fees and guest charges may be reviewed and updated from time to time.
Balances will be remitted by MealTango to Hosts via check, PayPal, direct deposit or other payment methods described on the Site.
IF YOU CHOOSE TO USE THE SITE, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MEALTANGO DOES NOT HAVE AN
OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND
CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, MEALTANGO 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. MEALTANGO MAKES NO WARRANTY THAT THE SITE, 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. MEALTANGO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEALTANGO OR THROUGH THE SITE, 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 SITE OR SERVICES AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT MEALTANGO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE,
APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS.
MEALTANGO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN
PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MEALTANGO. NOTWITHSTANDING MEALTANGO’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION
AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, MEALTANGO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY
ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.