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Terms of Use -
User
These Terms of Use ("Terms") govern your use of
the Mesmerizing Food mobile application ("app") as a user. By
accessing or using our app, you agree to be bound by these Terms. If you do not
agree with these Terms, please refrain from accessing or using the app.
1. Account Registration
1.1 Eligibility
By using the app, you represent and warrant that you are at
least 13 years old. If you are under 13 years old, you may only use the app
with the consent and supervision of a parent or legal guardian.
1.2 Account Information
When creating an account, you must provide accurate and
complete information. You are responsible for maintaining the confidentiality
of your account credentials and for all activities that occur under your
account.
1.3 Account Security
You are responsible for taking appropriate measures to
ensure the security of your account. You agree to notify us immediately of any
unauthorized use or suspected breach of your account.
2. App Usage
2.1 Permitted Use
You may use the app solely for personal, non-commercial
purposes in accordance with these Terms. You agree not to use the app for any
unlawful or prohibited activities.
2.2 User Content
You may have the opportunity to submit, post, or share
content through the app, including comments, reviews, and feedback ("User
Content"). By submitting User Content, you grant us a non-exclusive,
royalty-free, worldwide license to use, display, reproduce, modify, and
distribute the User Content for the purposes of operating and improving the app.
2.3 Prohibited Conduct
When using the app, you agree not to:
·
Violate any applicable laws, regulations, or
third-party rights.
·
Interfere with or disrupt the operation of the
app or its servers.
·
Engage in unauthorized access or use of the app
or its users' accounts.
·
Impersonate any person or entity or falsely
state or misrepresent your affiliation with any person or entity.
·
Transmit or distribute viruses, malware, or any
other harmful content.
·
Collect or store personal information of other
users without their consent.
·
Harassment, bullying, or threatening other users
·
Posting or distributing illegal, infringing, or
defamatory content
·
Using our services for any illegal or
unauthorized purpose
·
Violating any of our terms of service
3. Rechargeable Feature
3.1 Rechargeable Currency
Mesmerizing Food operates on a recharge-based system, where
users are required to add coins to their app account in order to make purchases
or access certain features. Coins can be acquired through in-app purchases
using real currency or through promotional activities as specified within the
app.
3.2 Coin Conversion and Value
The coin conversion rate and value within the Mesmerizing
Food app will be determined by Mesmerizing Food based on factors such as the
user's country and the intended usage of the coins. Users will have the ability
to check the value of coins during the purchase process to ensure transparency
and informed decision-making.
Mesmerizing Food reserves the right to change the value of
coins without prior communication to users. This means that the value of coins
may be adjusted at any time at the discretion of Mesmerizing Food, without the
need for explicit notification or announcement.
3.3 Coin Management
Users are responsible for managing their coin balance within
the app. This includes monitoring their coin balance, ensuring the security of
their account, and taking appropriate measures to prevent unauthorized access
to their coins.
By using the Mesmerizing Food app and participating in the
coin-based system, users acknowledge and accept that Mesmerizing Food has the
right to modify the value of coins without individual notice.
4. Purchases and Usage
4.1 Coin Expiry
Coins may have an expiration date associated with them. It
is the user's responsibility to utilize their coins within the specified
timeframe, as expired coins may no longer be usable or refundable.
4.2 Non-Transferability
Coins and associated purchases are non-transferable between
user accounts. Coins cannot be transferred or exchanged for real currency or other
forms of virtual currency outside the app.
5. Alerts
We may alert you by email or phone (through SMS/call/WhatsApp) to inform you
about new service offerings of the Company and its subsidiaries/affiliates or
other information which we feel might be useful for you, through the Company or
its subsidiaries/affiliates.
6. Intellectual Property
The app and its content, including but not limited to text,
graphics, logos, and images, are protected by intellectual property rights
owned by us or our licensors. You may not copy, reproduce, modify, distribute,
or create derivative works based on the app or its content without our prior
written consent.
7. Appointments and late cancelation
a. Mesmerizing
Food shall not be held responsible or liable for any missed appointments by the
user. It is the user's sole responsibility to ensure their availability and
attendance during the scheduled time. Mesmerizing Food will not be held liable
for any consequences, losses, or damages incurred due to the user's failure to attend
the appointment. The user acknowledges and understands that any missed
appointments are solely their own responsibility, and Mesmerizing Food shall be
indemnified and held harmless against any claims or disputes arising from such
circumstances.
b. In
the event that a user chooses to cancel an appointment within the final 10
minutes prior to its scheduled commencement, a reasonable charge shall be
applied. This charge is designed to compensate the tutor for the time and
effort dedicated to preparing for the appointment and accommodating their
schedule accordingly. The applied charge will cover the loss of valuable time
and potential earnings incurred by the tutor due to the canceled appointment.
By canceling an appointment within the specified timeframe, the user
acknowledges and accepts their responsibility to bear the applicable charge as
determined by Mesmerizing Food. The user further recognizes that the charge is
a fair and necessary measure to appropriately address the tutor's inconvenience
and financial implications resulting from the canceled appointment.
8. Future Pricing Updates
Mesmerizing Food reserves the right to introduce additional
charges, such as platform fees or service fees, for users in the near future.
These charges, if implemented, will be applicable to users upon their use of
the services. It is the user's responsibility to familiarize themselves with
any additional charges that may be incurred during their usage of the platform.
The purpose of these charges may vary, including but not limited to covering
operational costs, enhancing the platform's features and services, and ensuring
a sustainable ecosystem for both users and tutors. Mesmerizing Food will not
provide individual notifications regarding the introduction of these charges,
and users are encouraged to regularly review the terms and conditions and
pricing information available on the platform. Users acknowledge and accept
that the use of the services after the implementation of any such charges
implies their consent and agreement to be bound by the applicable fees.
Mesmerizing Food will continue to prioritize transparency and strive to ensure
that any future charges are reasonable, clearly communicated within the
platform, and aligned with the overall value provided.
9. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE
ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE APP
IS AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
11. Modifications to the Terms
We reserve the right to modify these Terms at any time. Any
changes will be effective upon posting the revised Terms within the app. Your
continued use of the app after the posting of the revised Terms constitutes
your acceptance of the changes.
12. User Dissatisfaction and Issue Resolution
Mesmerizing Food strives to ensure a satisfactory experience
for all users of our app. In the event that a user has any issue with a tutor
or is not satisfied with the service received, the following terms outline the
process for resolving such matters:
a.
Direct Communication: We encourage users to
first communicate directly with the tutor involved to address any concerns or
dissatisfaction. Clear and respectful communication can often lead to a
resolution or mutual understanding.
b.
Mediation and Collaboration: If direct
communication does not result in a satisfactory resolution, Mesmerizing Food
promotes mediation and collaboration between the user and the tutor. Both
parties are encouraged to work together in good faith to find a mutually
agreeable solution.
c.
Non-Liability of Mesmerizing Food: Please note
that Mesmerizing Food acts as a platform that connects users with tutors, and
while we strive to facilitate a positive experience, we are not responsible for
the actions, behavior, or performance of individual tutors. Mesmerizing Food
does not guarantee the quality, accuracy, or suitability of the services
provided by tutors.
d.
User Responsibility: Users acknowledge and
accept that their engagement with a tutor and the services provided are solely
at their own risk. Users are responsible for exercising judgment and due
diligence in selecting a tutor and assessing the suitability of the services
offered.
e.
Release of Claims: Users agree to release
Mesmerizing Food, its affiliates, employees, and agents from any claims,
demands, or damages arising out of or in connection with disputes, issues, or
dissatisfaction with a tutor or the services received. This release applies to
any legal theory, whether in contract, tort, negligence, or otherwise.
f.
Exclusive Remedy: Users understand and agree
that their sole and exclusive remedy in the event of any issue or
dissatisfaction is to seek resolution directly with the tutor involved. Users
waive any right to seek additional remedies, including but not limited to
monetary compensation or legal recourse, from Mesmerizing Food.
13. Termination of account
We may terminate or suspend your access to the app without
prior notice or liability for any reason, including if you violate these Terms.
14. Reimbursements or Returns
By using the Mesmerizing Food app, you acknowledge and agree
to the non-refundable policy for purchases made within the app. Once a purchase
is made, it is considered final and non-refundable, unless otherwise specified
by applicable laws or regulations.
This non-refundable term applies to various purchases made
within the app, including but not limited to courses, webinars, and other paid
services or products. It is important to review and confirm your purchase
details before completing the transaction, as refunds will not be provided for
any reason, such as change of mind, dissatisfaction, or inability to attend or
access the purchased content.
We strive to provide accurate and detailed information about
our offerings, and we encourage users to make informed decisions before making
a purchase. If you have any questions or concerns regarding a specific
purchase, please reach out to our customer support for assistance.
15. Privacy Policy:
Include a section that outlines how user data is collected, stored, and used.
Specify the types of information collected and how it may be shared with third
parties, if applicable.
16. User Conduct
Outline expected user behavior and conduct within the application. Include
guidelines on respectful communication, appropriate use of resources, and
consequences for violating the code of conduct.
17. Intellectual Property Infringement
State that users should not infringe upon the intellectual property rights of
others when using the application. Specify that any violations may result in
the termination of user accounts and potential legal consequences.
18. User Feedback and Suggestions
Inform users that any feedback, suggestions, or ideas submitted to the
application may be used by the platform for improvement and development
purposes. Clarify whether users will receive any compensation or recognition
for their submissions.
19. User Responsibilities
Specify that users are responsible for maintaining the accuracy and integrity
of their personal information within the application. Outline the actions users
should take to keep their account information secure and notify the platform of
any unauthorized access or suspected breaches.
20. Termination of Service
Reserve the right to terminate or suspend user accounts or access to the
application without prior notice or liability for any reason, including
violation of the Terms of Use or inappropriate behavior.
21. Limitations of Liability
Clarify the limitations of the platform's liability for any damages or losses
incurred by users while using the application. Specify that the platform is not
responsible for the actions or behavior of other users or third-party content.
22. Indemnification
State that users agree to indemnify and hold the platform, its affiliates, and
employees harmless from any claims, damages, or liabilities arising out of
their use of the application or violation of the Terms of Use.
23. Severability
Include a clause stating that if any provision of the Terms is found to be
invalid or unenforceable, the remaining provisions will remain in effect.
24. Entire Agreement
Clarify that the Terms of Use constitute the entire agreement between the user
and the platform, superseding any prior agreements or understandings.
25. Updates to the Terms
Specify that the platform reserves the right to update or modify the Terms of
Use at any time. Inform users that they will be notified of any significant
changes and that their continued use of the application constitutes acceptance
of the updated Terms.
26. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance
with the laws of India. Any disputes arising out of or in connection with these
Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
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