Date of Upload: 23rd January 2017
Tharakan Foods Pvt Ltd and its affiliates (“SCAPPI”,“Company”, “we” or “us”) welcome you to our global marketplace for cooked meals available at scappi.org (the “Site”) and any related mobile or software applications (“Scappi Platform”), which offers an online community for cooks to vend meals and food to scappi’s users. Scappi also permits hosts and guests to have food events together around the world. SCAPPI’s Platform is designed to enable cooks to offer their culinary skills, food and allowing other Users to participate in food events of such Hosts as guests (“Guest(s)”). Each of the Platform’s cooks, users, whether hosts or guests (“User” or “you”), is invited to use and enjoy our Platform in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
- What is SCAPPI?
SCAPPI is a global online community for cooks to vend meals and food to scappi’s users. Scappi also permits hosts and guests to have food events together around the world. SCAPPI’s Platform is designed to enable cooks to offer their culinary skills, food and allowing other Users to procure or participate in food events of such Hosts as guests (“Guest(s)”)dining, which offers an online community for hosts and guests to have food events together around the world. SCAPPI’s Platform is designed to enable Users to offer their cooking skills, hosting skills, food and home facilities as cook or hosts and allowing other Users to procure or participate in food events of such Hosts as guests. We, at SCAPPI, take great measures to provide you with the best experience you can have while using SCAPPI’s Platform; However, SCAPPI has no control over the conduct of any Cooks, Hosts, Guests or any other User and disclaims all liability in this regard. Cooks, Hosts and Guests are recommended to carefully and thoroughly examine and check with their respective Cooks,Guests and Hosts all necessary details related to their food preparation, Food Event and Order (as defined below) prior to any engagement been made. Procuring food or participating in food events such as home meals, personal chef cook services, dinner parties or other User’s activities as a result, directly or indirectly, from using SCAPPI’s Platform and Services (“Food Event”), is entirely at your own risk. PLEASE NOTE THAT SOME COOKS/ HOSTS COOK AND/OR PREPARE IN SUCH FOOD EVENTS RAW AND/OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE A MEDICAL CONDITION. SCAPPI is not a party to any agreement entered into between Cooks/ Hosts and Guests/ Users in any circumstances. User/Guests has the sole and ultimate responsibility regarding compliance with all laws, regulation (including without limitation the applicable tax regulations and food regulations), religious duties (if and as promised by the Cook or Host) or any other duty relating to the Food preparation or Food Event. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your vending of the listed cooked food or participation in any Food Event conducted by a User or a third party. Certain Cooked Food or Food Events may be subject to separate terms and conditions incurred by their respective Cooks or Hosts, organizers etc. and we recommend that you review such terms and conditions, as they may be. It is the responsibility of the Cook or Host to assure that the cooked food or Food Event is conducted in compliance with all applicable laws, rules and regulations, including with respect to any tax obligations relating to the cooked food or Food Events. The Platform provides you with information regarding our Services, including any content related thereto such as contact information, materials, text, logos, button icons, images, data compilations, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Platform, interface, GUI, interactive features related graphics and other features obtained from or through the Platform (collectively, the “Content”). Further, the Platform provides the Users the ability to contact us via the contact form available in our Platform. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE PLATFORM ARE RESERVED TO SCAPPI. TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, THE SERVICES THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” BASIS. SCAPPI WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, YOUR ORGANIZATION OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN. WE, AT SCAPPI, TAKE GREAT MEASURES TO PROVIDE YOU WITH THE BEST EXPERIENCE YOU CAN HAVE WHILE USING SCAPPI’S PLATFORM AND SERVICES. HOWEVER, SCAPPI HAS NO CONTROL OVER THE CONDUCT OF ANY COOKS, HOSTS, GUESTS OR ANY OTHER USER AND DISCLAIMS ALL LIABILITY IN THIS REGARD. COOKS, HOSTS, USERS AND GUESTS ARE RECOMMENDED TO CAREFULLY AND THOROUGHLY EXAMINE AND CHECK WITH THEIR RESPECTIVE COOKS, USER, GUESTS AND HOSTS ALL NECESSARY DETAILS RELATED TO THEIR FOOD PREPARATION, FOOD EVENT AND ORDER (AS DEFINED BELOW) PRIOR TO ANY ENGAGEMENT BEEN MADE. YOUR USE OF THE PLATFORM, THE SERVICES, THE USER GENERATED CONTENT AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
- Account Registration
- Use Restrictions
There are certain conducts which are strictly prohibited on SCAPPI’s Platform. Please read the following restrictions carefully. Failure to comply with the provisions set forth herein may result in the termination of your access to SCAPPI and may also expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf; (a) use SCAPPI’s Platform for any illegal, unlawful or unauthorized purposes; (b) use SCAPPI’s Platform in any form of spam, unsolicited mail or similar conduct; (c) allow access to your Account to anyone other than yourself, including, without limitation, any persons who are under the age of 18. You accept full responsibility for any unauthorized use of the Platform and/or Service on your behalf, including by minors; (d) use SCAPPI’s Platform for non-personal or commercial purposes (other than as a Host) without Company’s express prior written consent; (e) remove or disassociate, from the Content and/or the Platform any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (f) interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access SCAPPI’s Platform and retrieve, index and/or data-mine any information; (g) interfere with or disrupt the operation of SCAPPI’s Platform or the servers or networks that host SCAPPI’s Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (h) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your Platform, your business or any statement you make, or present false or inaccurate information about the Platform; (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure; (j) as a Cook or Host, provide falsely or inaccurate information with respect to the service you offer through SCAPPI’s Platform and Services for User or Guests, including, but not limited to any representation you make with respect to your Prepared Food or Food Events, including the hosting place and the food you offer via SCAPPI’s Services; (k) bypass any measures we may use to prevent or restrict access to SCAPPI’s Platform; (l) 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, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to SCAPPI’s proprietary rights, including SCAPPI’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (m) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by SCAPPI on or through the Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (n) transmit, distribute, display or otherwise make available through or in connection with SCAPPI’s Platform any content, including User Generated Content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (o) create a browser, frame, border environment or GUI around SCAPPI’s Platform; (p) link, including in-line linking, to elements on SCAPPI’s Platform, such as images and videos, independently from the web pages of SCAPPI’s Platform on which they originally appear;; (q) frame or mirror any part of the Platform without SCAPPI’s prior express written authorization; (r) create a database by systematically downloading and storing all or any of the Content from the Platform; (s) transmit or otherwise make available in connection with the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (t) infringe and/or violate any of the Terms.
- Order and Billing Arrangements
As a registered User, each Guest is welcome procure or make an online Order with any Host offering his or her services via SCAPPI’s Platform (“Order”). A Guest may pay for the Order by using our Online Payment Processors (as defined below). As part of the Ordering process the Guest will be asked to fill in some details with respect to his/her Order (such as the food he/she wishes to have and food and/or other allergies, if any) (“Contact Form”). The Contact Form you have filled in will be delivered automatically to your respective Cook or Host. Please note that we do not keep such information, and it is your responsibility, and not ours, to inform your Cook or Host, in each Order you make through the Platform, regarding your food and/or other allergies and/or other information you wish to provide your Host. Once your Order is confirmed by the Cook or Host, the Company will notify you by email that your Order is confirmed (“Order Confirmation”) and then will charge you for the full service amount which is transferred to the Cook or Host (the “Order Fee”) plus a service fee of the abovementioned Order Fee (the “ Service Fee”) (the “Order Fee” and the “Service Fee” shall be referred to collectively as the “Order Amount”). The price which is indicated in the Platform reflects the Order Amount. The Order Amount charged from the User or Guest will be kept faithfully by SCAPPI and in compliance with any applicable law, and the Order Fee will only be transferred to the respective Cook or Host up to five (5) business days following your pickup of the cooked food or arrival to your reserved Food Event and provided that no cancellation notification was made by you before that day. The Cook or Host appoints SCAPPI as the Cooks or Host’s limited agent solely for the purpose of collecting payment made by Users or Guests on behalf of the Cook or Host.
- Fees and Payments
- Cancellation of Order
All Reservations are subject to EatWith’s cancellation policy, as stated below:
- If a Order is cancelled by a User or Guest at within 30 mins from the time of the, the Cook or Host shall not be paid any of the Order Amount and the User or Guest shall be reimbursed the full Order Amount net any commissions and fees paid by Scappi (e.g – PayTm fees).
- If a Order is cancelled by a User or Guest after 30 mins of the Order, the User or Guest shall not be entitled to any return, credit or reimbursement..
Your Order shall be deemed canceled only upon receipt of SCAPPI confirmation of your cancellation. The Company reserves the right to cancel a Order at any time upon returning full refund of Order Amount to the Guest. In case a Cook or Host cancels User’s or Guest’s Order, Company will credit User or Guest with the full Order Amount such User or Guest has paid to SCAPPI. SCAPPI reserves the right to charge the canceling the Cook or Host with the Service Fees. SCAPPI shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Cook’s or Host’s or User’s or Guest’s cancelation of a Order of Food Event. Additionally, SCAPPI reserves the right to charge back from Cook or Hosts the Order Fee they received for preparing certain food or for organizing certain Food Event if upon the receipt of a complaint by a User or Guest with respect to such Food Event, SCAPPI believes, at its sole discretion, that such Food Event was not compatible with SCAPPI standards of service, including in compliance with this Terms, or in case of any misconduct of the Host.
- Intellectual Property Rights
The Platform, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by the Company and its licensors. The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law. To the extent you provide any feedbacks, comments or suggestions to SCAPPI (“Feedback”), SCAPPI shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any SCAPPI current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require SCAPPI to comply with any additional obligations with respect to any SCAPPI current or future products, technologies or services that incorporate any Feedback.
- Trademarks and Trade names
“SCAPPI”, Company’s marks and logo and all other proprietary identifiers used by the Company in connection with the Platform and the Services (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on SCAPPI’s Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
- User Generated Content
- The Platform allows you to upload, post, publish and make available through it, including without limitation on our blog, your own copyrightable materials such as literary works, text, images, text material, photos and any other proprietary materials, including without limitation Hosts’ posts on their pages and/or any part thereof and links to copyrightable materials (the “User Generated Content”). Please be sure that while you use the Platform you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Platform. SCAPPI will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
- As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.
- You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the Platform, in any way.
- You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Platform or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.
- You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
- You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for SCAPPI to use or possess in connection with the Platform (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
- Although SCAPPI has no obligation to screen, edit or monitor any of the User Generated Content, SCAPPI explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Platform at your sole expense.
- When you upload, post, publish or make available any User Generated Content on the Platform, you grant to (i) SCAPPI an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Platform, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Platform a non-exclusive and royalty-free license to access your User Generated Content through the Platform and to use such User Generated Content solely for personal and non-commercial purposes. The Company may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. The Company shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
- SCAPPI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE PLATFORM, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS SCAPPI LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER.
- Interactive Areas
- The Platform contains a blog in which you or other Users may share and/or review interesting experiences, recipes, stories and tips about what’s happening in the world of hosting, cooking and social trends in traveling (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas.
- As a provider of interactive services, SCAPPI is not liable for any statements, representations or content provided by its Users in its Interactive Area.
- Any use of the Interactive Areas or other portions of the Platform in violation of the foregoing restrictions specified in Section 9 above and/or in this Section 10, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the Platform.
- Third Party Services
- The Platform may contain additional tools and services offered to registered users, such as marketing tools for Cooks or Hosts, that are provided by our third parties authorized service providers (“Third Party Service Operator(s)”). For the activation of such services, you may be required to open a separate account with the Third Party Service Operator and/or integrate such account with an existing Social Network Account.
- Note that use of Third Party Service Operators’ tools and services is voluntary and you may decide not to use such services or tools and/or to opt-out of and/or not register with Third Party Service Operators.
- Additionally, note that any engagement you may have with Third Party Service Operators and/or use of Third Party Service Operators’ tools and services offered via the Platform is made at your own risk and responsibility and SCAPPI shall bear no responsibility or liability for your use of such service.
- Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us at support@Scappi.org. SCAPPI respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to SCAPPI Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit SCAPPI to locate the material; (iv) information so that SCAPPI can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. SCAPPI Copyright Agent can be reached at: support@Scappi.org SCAPPI has the sole discretion to restrict and/or terminate access to the Platform to Users who are deemed to be repeat infringers of third party’s copyright works or Users who acted inappropriately as specified above.
- Linking to SCAPPI’s Platform and Links to Third Party Websites
The Platform’s availability and functionality depends on various factors, such as communication networks, software, hardware and the Company’s services’ providers and contractors. SCAPPI does not warrant or guarantee the Platform will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to the Platform
SCAPPI reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that SCAPPI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Platform or the Content included therein.
In the event of misleading representation or misconduct on the Platform and in connection with the Service or in the framework of Cooked Foods or Food Events held by Cooks or Hosts through the use of SCAPPI’s Platform and Services, SCAPPI may decide, in its sole discretion, to credit you with a refund for the Order Amount paid or part thereof and charge the Cook or Host with this amount. No action of SCAPPI may be construed as accepting any liability other than as mentioned herein.
- Disclaimers of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, THE CONTENT, THE SERVICES AND THE USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND SCAPPI, INCLUDING ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“SCAPPI REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. WE DO NOT WARRANT (I) THAT THE PLATFORM IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE PLATFORM; AND/OR (III) OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE PLATFORM AND/OR THE SERVICES, THE CONTENT AVAILABLE ON THE PLATFORM OR THROUGH THE PLATFORM (INCLUDING THAT THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE PLATFORM, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE PLATFORM. SCAPPI IS NOT AND SHALL NOT BE RESPONSIBLE FOR YOUR PARTICIPATION IN ANY FOOD EVENTS DISTRIBUTED THROUGH OUR PLATFORM 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 OUR PLATFORM AND SERVICES, INCLUDING BY HOSTS OR GUESTS. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT AVAILABLE ON THE PLATFORM. SCAPPI MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU WITH RESPECT TO THE EXISTENCE, SCOPE AND/OR COMPLIANCE AS REQUIRED OR ORDERED BY ANY APPLICABLE LAWS, RULES AND REGULATIONS WITH RESPECT TO SUCH FOOD EVENTS AND SCAPPI EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED IN THIS REGARD. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN SCAPPI. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, AND OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. THIRD PARTY SERVICE OPERATORS’ SERVICES ARE OFFERED ON AN “AS-IS” BASIS AND SCAPPI IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ENGAGEMENT WITH THIRD PARTY SERVICE OPERATORS, INCLUDING, INTER-ALIA: (I) ANY SERVICE AND/OR CONTENT SUPPLIED BY AND/OR TO THIRD PARTY SERVICE OPERATORS; (II) ANY ACT OR OMISSION BASED ON CONTENT SUPPLIED BY THIRD PARTY SERVICE OPERATORS; (III) THE COLLECTION, PROCESSING AND USE OF DATA COLLECTED BY THIRD PARTY SERVICE OPERATORS (IV) YOUR USE OF THE TOOLS AND SERVICES PROVIDED BY THIRD PARTY SERVICE OPERATORS; AND/OR (V) ANY CONFLICT THAT MAY ARISE BETWEEN THE THIRD PARTY SERVICE OPERATOR AND YOURSELF. YOU AGREE THAT USE OF THE PLATFORM, THE SERVICE, THE USER GENERATED CONTENT AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
THE USE OF SCAPPI’S PLATFORM AND SERVICES AND PARTICIPATION IN ANY FOOD EVENT IS SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL SCAPPI, INCLUDING SCAPPI’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES AND/OR THE CONTENT AND/OR AN/OR YOUR PARTICIPATION IN ANY FOOD EVENT, THE FAILURE OF THE PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF SCAPPI TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF SCAPPI BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SCAPPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, SCAPPI’S AND SCAPPI’S REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE SERVICE FEES ACTUALLY PAID BY YOU, IF ANY, TO SCAPPI FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless SCAPPI and SCAPPI Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of SCAPPI’s Platform and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Platform; (iv) the User Generated Content you uploaded through the use of the Platform; and/or (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to your use of the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
At any time, SCAPPI may block your access to the Platform and/or temporarily or permanently limit your access to the Platform, at its sole discretion, in addition to any other remedies that may be available to SCAPPI under any applicable law. Such actions by SCAPPI may be taken, for example, if SCAPPI deems that you have breached any of these Terms in any manner. Additionally, SCAPPI may at any times, at its sole discretion, cease the operation of the Platform or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that SCAPPI does not assume any responsibility with respect to, or in connection with the termination of the Platform’ operation and loss of any data, including the User Generated Content. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
The Company may accept advertisements from third parties. Please note that the Company makes no warranties or representations concerning such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such advertisements. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. All the information contained in such advertisements and commercials belongs solely to the advertisers and the Company makes no warranties or representations in respect of such, whether or not the Company has control over such advertisements or commercials and these are provided on an “AS IS” basis. In any event, the Company will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials. The Company, advertisers and/or related third-parties may be entitled to certain shares of the earnings for such advertisements and/or 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. SCAPPI AND/OR ITS REPRESENTETIVES ARE NOT OBLIGED TO NOR CAN THEY VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH ADVERTISEMENTS. THUS, SCAPPI MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ADVERTISEMENTS.
(a)These Terms constitute the entire Terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the company, (b) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (c) any claim relating to SCAPPI’s Platform and/or Services or its use thereof will be governed by and interpreted in accordance with the laws of India without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (d) any dispute arising out of or related to your use of SCAPPI’s Platform and/or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Ernakulam, Kerala, India. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, SCAPPI may seek injunctive relief in any court of competent jurisdiction, (e) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by SCAPPI, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.
- For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email and we will make an effort to reply within a reasonable timeframe: support@Scappi.org