Reservations

Social life doesn’t have to be online only anymore. Homevyte connects people and communities from online-only to a real physical and safe place over delicious meals from around the globe locally. Sharing a table takes you to the hosts’ home country,  traditions, and a different dining adventure. There are distinct norms in every culture. To help guests feel comfortable, relaxed, and appreciate the exotic dining experience, here some tips to consider when dining-in at the Trusted HomeCook’s™ residence:

1. Why Reserve With Us

1. Find a vast variety of American and ethnic cuisines near you

2. Enjoy truly fresh, homemade, authentic & delicious world cuisines locally

3. Meet and connect with people when you dine-in at the cook’s home; your significant other or your next life-changing professional connection may be sitting across from you on your next meal

4. Meet vetted & verified local home cooks with diverse cultural background and engage world cultures

5. Pay competitive prices-home cooks don’t have the usual overhead costs incurred by restaurant

6. Support your community and local economy and help keep our planet green

  • Trusted HomeCooks™ normally buy fresh, in-season, locally grown ingredients from their neighborhood farmers market
  • Home cooks could be your next-door neighbor, instead of a big national chain
  • Homevyte is local-Trusted HomeCooks™ own a significant share of the company
  • Make reservations in advance
  • Show up 10 minutes early (not earlier, because your host might have other guests inside the house still)
  • If you are running late, inform the Trusted HomeCook™
  • Each meal served is given a certain amount of time for the reservation.
  • We ask that guest come on time and also leave on time
  • Guests reserve seat(s) at the Trusted HomeCooks™ dining table, not the table itself unless the whole dining table is specifically requested and reserved.

1. Navigate and Arrive at your host’s residence.

2. Rate HomeCooks to make our community stronger with candid & constructive feedback

      • Before you go: It is a good ice breaker and a great conversation starter when guests show some knowledge of the country and ethnic origin of the dishes they are served and the person behind creating it-the Trusted HomeCook™. Learn a couple of facts about your host’s culture. Do a simple internet search of your host’s culinary heritage. Learn a couple of words in your host’s native language; “hello” and “goodbye” are starters. 
      • Smoking: The HomeCook will clarify whether smoke is allowed in house or on property.
      • Shoes in the House: Your host will inform you whether guests should take off their shoes.
      • Weapons: check with HomeCooks.
      • Dress Code: America is a melting pot of ethnicities and cultures. Homevyte’s partnering Trusted HomeCooks™ come from different cultural background, which means different cultural norms when it comes to what people should wear when dining in. Please check with your Trusted HomeCook™ to see if there is a dress code required.

                      – None: Comfortable, but not beach clothes

                      – Casual: Comfortable yet polished, jeans, khakis, skirts, shirts and t-shirts are allowed.

                      – Business Casual: Professional, yet relaxed, neat and pulled together.

      • Pets: Trusted HomeCooks™ may allow pets on their property. However, guests are responsible for the safety of their pets and their pets behaving safely around people and other pets. Take all precautionary measures to ensure your pet behaves appropriately. Please check with Trusted HomeCooks™ to see if they accept pets on their property.

      • Neighborly Etiquette: Good neighbors are great! So lets help Trusted HomeCooks™ and their neighbors keep good relations. The “Golden Rule” is that one should follow the same principles as they do for their own neighbor and neighborhood. The ultimate goal is to have a great dining experience and keep peace and harmony between the Trusted HomeCooks™ and their neighbors. When people are considerate, everyone has a better dining experience. The Trusted HomeCooks™ neighbors will be more understanding, friendly and even supportive of the operation when they and their property are shown thoughtful treatment.
      • Bring Your Own Alcohol (BYOA): Trusted HomeCooks™ will state on their profile if they accept guests bringing their own alcoholic beverages.
      • Conversation: A great conversation starter is a “hello” and introducing yourself. Discuss positive & constructive topics as you enjoy delicious food. Keep it light and impersonal. Fellow diners & hosts appreciate sincerity & intelligent conversations to have a friendly & informative dining experience.
      • Gratuity: Homevyte recommends tipping 15-20% on food for good service; normally IRS assumes 12% tip for service. Trusted HomeCooks™ do not receive any type of benefits like health insurance, paid sick leave or paid vacation. Trusted HomeCooks™ want to share their love of food, their culture and their home with guests in order to earn some extra income to make ends meet, use the funds to help pay for children’s college or buy a car. The ability to pay a months rent may depend on it. Trusted HomeCooks™ do more than serve food. They prepare days and hours in advance, getting supplies from their local farmer’s market. Once the meal concludes, then they have to clean the table, the house and prepare for daily chores. When guests are served an outstanding meal, it is the norm to show gratitude by giving gratuity. It’s well appreciated! Here is a   tipping suggestion chart:

        1. 7 Stars: Remarkable, out of this  world                 Tipping suggestion amount:  30%

        2. 6 Stars: Extraordinary, worthy of fireworks          Tipping suggestion amount: 24%

        3. 5 Stars: Excellent, loved everything                       Tipping suggestion amount: 18%

        4. 4 Stars: Very Good, my hat’s off to you                 Tipping suggestion amount: 12%

        5. 3 Stars: Fair, you can still recover                          Tipping suggestion amount: 6%

        6. 0 Stars:  Poor, that was cold.                                  Tipping suggestion amount: 0%

        Homevyte believes tipping is discretionary. If guests do not believe tipping is necessary in a particular circumstance, then they should not give a gratuity. However, Trusted HomeCooks™  who go above and beyond in providing exceptional food and great service deserve to be rewarded in order encourage more excellence. We encourage guests to give gratuity when they see fit and there is merit.

        It is the guests’ responsibility to avoid allergens. To avoid allergies, please:  

          • Communicate and coordinate dietary restrictions from any food allergies and skin sensitivities with Trusted HomeCooks™ to.
          • Have your epinephrine auto-injector and any additional medications your doctor prescribes you when you dine in at Trusted HomeCooks™ residence.
          • Consider wearing medical identifications like bracelets when you dine-in.

        It is very important that guests complete their profiles and checkmark any and all of their allergies on the Homevyte app. Please inform your host of any dietary restrictions that Homevyte does not have listed.

        We make every effort to help ensure that guests and hosts have safe and memorable experiences every time they dine-din at our partners’ homes. This is how we ensure that both guests and the hosts go through proper quality and safety protocols prior to operations and any engagement:

        Diners’ Safety

          • Background Checks: Homevyte’s partnering Trusted HomeCooks™ go though a complete background check before they are considered to become partners.
          • Operating Permit Verification: Homevyte verifies all County and State permitting documentation.
          • Home Inspections: Homevyte’s teams perform in-person interviews with Trusted HomeCooks™ in their residence as a final verification step prior to becoming a partner.
          • Food Safety Training & Certification: Prior to becoming a Homevyte Trusted HomeCooks™, every home cook must obtain a Food Safety Manager Certification from a government approved and accredited entity to maintain the highest standards in food safety, proper handling, and service. This professional organization provides Homevyte’s Trusted HomeCook’s courses and exams in food safety and handling to ensure sufficient food safety knowledge. This institution is a third-party entity and it is not affiliated with Homevyte in shape or form to ensure highest standards and transparency in qualification. This is the exact certification standard that all restaurants are held to. 
          • In-House Training: After all permitting is complete, Homevyte approve’s and provides Trusted HomeCooks™ with in-house courses on food handling and customer service training to hold our partners to a higher standard, in par with a fine dining establishment.
          • Guest Feedback: Overtime, as guests provide feedback on their experiences with Trusted HomeCooks™,  only those Trusted HomeCooks™ who maintain a 4+ star average rating continue to operate as partners on the Homevyte’s platform. Trusted HomeCook™ accounts with continuous low star-rating from guests feedback are deactivated.

        Trusted HomeCook’s Safety

          • Guest Identity Verification: Trusted HomeCooks™ confirm diner’s identification, in-person when guest arrive at the residence; this verification process is performed one time only. Diners whose identification has been confirmed, receive a Homevyte’s Gold Star that shows they are verified customers.
          • Trusted HomeCook™ Feedback: We may give free or discounted meals to engaging and pleasant diners. Overtime, as Trusted HomeCooks™ provide feedback on their experiences with their guests, only those guests who maintain a 3+ star average rating continue to use the Homevyte’s platform. Guest accounts with continuous low star-rating from Trusted HomeCooks™  feedback may be deactivated.

        Additional Safety Measures

          • Share Reservation: Guests and Trusted HomeCooks™ can share their reservation via email or text messages with friends and family.
          • Geolocation: Homevyte records guests and hosts real-time geolocation and address when guests and hosts report and confirmed the reservation meeting occurrence. Homevyte will stop recording when guests and hosts report and confirm completion of reservation meeting and departure.

         – Reservation Commencement

        Arrive Button: As a courtesy , when guests arrive at the Trusted HomeCook’s™ residence, they press the Arrive Button on the Homevyte app to inform their host that they have arrived and are outside of their home. This action is recorded.

        Confirm Guest Arrival Button: Trusted HomeCooks™ look outside, and if they see their guests, they confirm their guests’ presence by pressing the Confirm Diner Arrival button on the Homevyte’s Trusted HomeCook app. This action is recorded.

         – Reservation Commencement

        Depart Button: Guests must press the Departure Button on the Homevyte app for the reservation to be completed and closed.

        Confirm Guest Departure Button: Trusted HomeCooks™ must press the Confirm Guest Departure button on the Homevyte’s Trusted HomeCook app for them to receive payment and begin their next reservation. The final action is recorded.

        • During the Reservation Meeting

        – Panic Button: If either party feels threatened or unsafe during any part of the reservation, they may press Panic Button on the Homevyte app and become connected with a 911 emergency call center.

        1. Tap on 911 Emergency Assistance

        2. Tap again to confirm the intention to call 911

        Both party’s details (real-time geolocation, address, mobile number, and allergy restrictions) will be automagically shared with 911 emergency dispatcher even if no one speaks.

        Homevyte strives to help Trusted HomeCooks™ provide their guests with exceptional food and customer service, leading to a memorable dining experience.  Homevyte has a two-way rating system stream. At the end of each meal, guests are encouraged to rate their experience and Trusted HomeCooks™  also gets a chance to rate diners.

        Rewarding Excellent Trusted HomeCooks™ and Great Guests

        With real-time feedback, Homevyte is able to reward great customers and Trusted HomeCooks™ and takes proper disciplinary action when necessary to ensure that professional Trusted HomeCooks™  keep serving pleasant and joyous guests.

        • The Guest Ratings: We may give free or discounted meals to engaging and pleasant diners. Conversely, we may deactivate a diner’s account for continuous low star-rating or even take legal action for a more serious offence, depending on the circumstance. Guests will be rated on the following items, on a 5-star rating scale:

        1. Arrival Promptness: did you arrive on time

        2. Departure Promptness: did you leave on time 3. Courteous & Friendly: was the Trusted HomeCook™ & their property treated with respect and dignity

        4. Dress code: did you observe to the Trusted HomeCook’s™  dress code requirements, if any

        5. Conversation guidelines: did you abide by Homevyte’s peace & harmony conversation rules

        • Trusted HomeCook™ ratings: Guests’ positive feedback also ensures that we recognize and reward first-class Trusted HomeCooks™. At the same time, a continuous low star-rating or a serious a negative experience by our partnering Trusted HomeCook™ may lead Homevyte to deactivate a Trusted HomeCook’s™  account or take legal action. Homevyte believes 5 stars is an average standard, therefore we hold our Trusted HomeCooks™ to higher standards and ask them to reach for exceptionalism and excellence, in the 7-star realm. Trusted HomeCooks™ will be rated by their guests on the following areas based on a 1-7 star rating system:

         1.Food: It’s presentation, temperature and taste

        2. Home Atmosphere–Environment: clean scent, the welcoming-warm-ambient, accommodating-unobtrusive, organized-orderly, ideal temperature

        3. Customer Service: welcoming, courteousness, friendly, knowledgeable, and issue resolution

        Anonymous Ratings

        Homevyte does not connect a particular rating to a specific dining experience in order to keep our rating system anonymous.

        Building a Strong Community, Together

        This system is designed to keep and reward great guests  and professional Trusted HomeCooks™ in order to provide exceptional food, customer service, and experience that leads to a stronger community and a memorable cultural dining experience. Homevyte expects Diners and Trusted HomeCooks™ to provide constructive and respectful feedback. We wholeheartedly appreciate your feedback!  Questions or feedback: Guest.Support@homevyte.com

        1. Does Homevyte charge customers for using the app? No, it is free.

        2. Is it safe to eat in someone’s home? Homevyte establishes a close relationship with Trusted HomeCooks™ and vets serious and passionate Trusted HomeCooks ™. Our partners go through a vigorous background check, third-party and Homevyte food safety and handling training, and are regularly inspected by both responsible government agency and Homevyte. Our partners take great pride in their work and operation because it is a substantial source of their income. Most importantly, the food they cook is cooked with similar passion and care to what they prepare for their own family.   

        3. How do I know if the Trusted HomeCook is legitimate? Homevyte’s Trusted HomeCooks™  must display onsite the following valid and unexpired documents at all times:

        A.  Homevyte Trusted HomeCook™ Partner Certificate

        B.  Operating Permit issued by government

        C.  Manager’s Food Safety Certificate 

        D. Copy of government-issued Inspection Report

        3. Can I order delivery/pick-up from Trusted HomeCooks? Yes, you may dine-in, order carryout or delivery.

        Generally, Homevyte requires at least 24 hours of advance cancellation notice. Trusted HomeCook™ may maintain their own cancellation because they alone know how much preparation goes into building each of the meals. They account for going to their local farmers market, search, and purchase all of the ingredients necessary for the day’s recipe. Some of the dishes that they prepare may require three days to prepare, marinate, and cook. For example, the Mexican dish, red meat barbacoa, requires the Trusted HomeCook™  prepare the meat, put into a ground pit for slow cooking up to a whole day before it is served. Trusted HomeCooks™ will have their own cancellations policies and will charge a cancellation fee for cancelled reservations. Here is Homevyte’s General Cancellation Policy:

                  • Even if guests cancel within the cancellation policy timetable, Trusted HomeCooks™ reserve the right to charge a fee for loss of revenue as a result of turning away other potential bookings for that period, up to 3% of the total costs, plus any other charges made by payment service company such as Stripe or other credit cards companies.
                  • However, if guests do cancel after 25% of the time of the cancellation timeframe has passed, the guests will be charged up 25% of the price of the meal for each guest within the reservation party, rounded up. For example, if a guest has reserved seats for 10 people and each dish costs $10 and the guest cancels from 1% to 25% into the cancellation period, then the guest will be charged 25% of $100 of the reservation cost, which equals to $25, rounded up.
                  • Example continued: If guests cancel the reservation between 25.01% to 50% of the time into the cancellation timeframe, then the guest will be charged 50% of the reservation cost, or $50, rounded up, in the above example.
                  • Example continued: If the guest cancels the reservation between 50.01% to 75% of the time into the cancellation timeframe, then the guest will be charged 75% of the reservation cost, or $75, rounded up in the above example.     
                  • Example continued: If the guest cancels the reservation or does not show up after 75.01% to 92% of the time into the cancellation timeframe, then the guest will be charged 100% of the reservation cost, or $100, rounded up, in the above example.
                  • If a certain number of guests cancel, then that a certain number of guests will be charged according to numbers 1-5 in the above-mentioned examples. For example, if reservation is made for 10 people and 8 people show up, then the cancelling guests will be charged to the person who originally made the reservation.
                  • Homevyte will notify guests if any cancellation fee is applied.

        Cancellation Tips

        • Please do not make a habit of canceling reservations with Trusted HomeCooks™. Homevyte keeps a database that keeps us apprised of people who are chronic cancers.

        • Please provide adequate notice of cancellations. Trusted HomeCooks’™ continued success and viability relies on reservations being honored by guests. Even if you do cancel within the cancellation, it is likely that the Trusted HomeCook™ lose business because he may not get another reservation booked within a short period of time.

        • Homevyte will notify guests of their reservation in three intervals:

        – 8 hours to reservation, with some important education material included

        – 4 Hours to reservation, with the exact address of the HomeCook residence and some additional guidelines and requirements

        – 2 Hour to reservation with the option to use the navigation system for directions

        Trusted HomeCooks™  take their business very seriously because for most, their livelihood depends on it. They prepare much in advance in order to provide their guests an unforgettable dining experience.

            1. General Terms & Conditions
            2. Homevyte Privacy Policy
            3. Guest/Diner/Patron Waiver & Release
            4. Homevyte Cookie Policy
            5. Homevyte Gift Card Terms & Conditions
            6. Homevyte Copyright Policy

        1. General Terms & Conditions

        Main Note:

        When this policy mentions “Homevyte,” “we,” “us,” or “our,” it refers to the Homevyte the company that is responsible for your information under this General Terms & Conditions.

        “Members” refer to users of Homevyte’s Platform(s) more specifically, Homevyte Trusted HomeCooks™ (“Trusted HomeCooks, HomeCooks, Home Cooks”) and Homevyte Diner (“Diner, Guest, Customer, Patron, Visitors”)

        Homevyte Services

        The Homevyte Platform is an online marketplace that enables registered users (“Members”) and those who offer services (Partners who offer services are “Trusted Home Cooks” and the services they offer are “Host Services, Food Services, Food Delivery Services, Dine-In Services”, to publish such services on the Homevyte Platform (“Meals”),(“Reservations”), and to communicate and transact directly with “guests, visitors, diners, patrons” that are seeking to book such services (Members using these services are  “guests, visitors, diners, patrons, customers”). Host Services may include offering in home (“Dine-In”), authentic home cooked meals (“Table-Sharing”), to one or multiple Guests on single or multi-day reservations at various times of the day(s), access to unique Venues and locations (“Virtual-Restaurants™”), and a variety of other food and non-food related services as it is within the legal limits. Host Services may also or solely include the offering or meals to-go (“Carry-Out”), of authentic home cooked meals, to one or multiple Guests on single or multi-day reservations at various times of the day(s), access to unique Venues and locations (“Virtual-Restaurants™”), and a variety of other food and non-food related services.  

             

        Comprehensive Breakdown

        As the provider of the Homevyte Platform, Homevyte does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Meals/Reservations/Food or Host Services, nor is Homevyte (responsible for) Hosts’/Home-Cooks’/Members’ Venue/Virtual-Restaurants. Trusted HomeCooks™ alone are responsible for their Meals/Reservations/Guests/Food and Host Services whether that includes Carry-Out, Dine-In, and/Delivery. When Members (Both Homevyte HomeCooks™ and Homevyte Diners) make or accept a reservation, they are entering into a contract directly with each other. Homevyte is not and does not become a party to or other participant in any contractual relationship between Members, nor is Homevyte a Restaurant booking agency, a broker or insurer. Homevyte is not acting as an agent in any capacity for any Member, except as specified in the“Payment Terms”.

        While we may help facilitate the resolution of disputes, Homevyte has no control over and does not guarantee — the existence, quality, safety, suitability, food safety, allergic reactions which may result in the possibility of death (Any physical harm including potential death), legality of any Reservation/Booking/Meal or Host Services, — the truth or accuracy of any Meal, ingredients of a meal, ingredients in a meal, Food, Descriptions, Ratings, Reviews, or other Member Content (as defined below), or — the performance or conduct of any Guest, Dine, Home-Cook, Member, or third party. Homevyte does not endorse any Member, Reservation, Listing, or Host Services. Any references to a Member being “verified,” “promoted,” “certified,” “authenticated”  (or similar language) only indicate that the Member has completed a relevant verification, training, or identification process (es) and nothing else. Any such description is not an endorsement, certification or guarantee by Homevyte about any Member, including Member’s identity or background or whether the Member is trustworthy, safe, pleasant, or suitable. You should always exercise due diligence and care when deciding whether to dine-in, table-share, order delivery, or carry-out when making a reservation, participate in a Homevyte event or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Homevyte of any Member, Host, Reservation, or Venue.

        If you choose to use the Homevyte Platform as a Trusted HomeCook/Host, your relationship with Homevyte is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Homevyte 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 Homevyte (Unless specifically expressed by Homevyte). Homevyte 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 Homevyte platform services. You acknowledge and agree that you have complete discretion whether to list, reserve, post  (a) meal(s) Homevyte Host Services or otherwise engage in other business or Host Service activities.

        To promote the Homevyte Platform and to increase the exposure of Trusted Home-Cook’s, Specific Reservation Types, Specific food types, Specific Experiences, and/or Host Services to potential Guests, Reservations, bookings, specific 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. Homevyte cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Homevyte Platform may contain translations powered by Google and other translation coding software and services. 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 Homevyte Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Homevyte is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Homevyte.

        Due to the nature of the Internet, Homevyte cannot guarantee the continuous and uninterrupted availability and accessibility of the Homevyte Platform. Homevyte may restrict the availability of the Homevyte 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 maintenance measures that ensure the proper or improved functioning of the Homevyte Platform. Homevyte may improve, enhance and modify the Homevyte Platform and introduce new Homevyte Services from time to time.

        Using the Homevyte Platform & User Verification

        In order to access and use the Homevyte Platform or register a Homevyte Account you must be an individual at least 18 years old, validly existing business, organization or other legal entity in good standing under the laws of the United States of America and able to enter into legally binding contracts. 

        Any and all laws of the county, city, state, and United States shall be observed and abided while on the Homevyte Platform by all Members.

        Homevyte may make access to and use of the Homevyte Platform, or certain areas or features of the Homevyte Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s reservation and cancellation history.

        User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to — ask Members to provide a form(s) of government identification or other information, photo identification or undertake additional checks designed to help verify the identities or backgrounds of all active and non-active users on the Homevyte Platform, — we may screen Members against third party databases and or other sources and request reports from service providers, and where we have sufficient information to identify a registered user, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

        The access to or use of certain areas and features of the Homevyte Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Homevyte Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Homevyte Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

        If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.Some areas of the Homevyte Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

        Changing Terms

        Homevyte reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Homevyte Platform. We will also provide you with notice of the modifications by email at least fourteen (14) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Homevyte Platform will constitute acceptance of the revised Terms. Homevyte also reserves the right to change terms without prior notice due to any unforeseen, special, or government mandated circumstances and immediate implementation of the new said terms.

        Content and Content Ownership

        Homevyte may, at its sole discretion, enable all Homevyte Members to create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Homevyte Platform, on all Homevyte platforms (website or application), now or in the future when such capabilities may be implemented (“Member Content”); and access and view Member Content and any content that Homevyte itself makes available on or through the Homevyte Platform, (website or application) including proprietary Homevyte content and any content licensed or authorized for use by or through Homevyte from a third party and together with Member Content, (“Collective Content”).

        The Homevyte Platform, Homevyte Content, and Member/User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and any place Homevyte operates in. You acknowledge and agree that the Homevyte Platform and Homevyte Content, including all associated intellectual property rights, are the exclusive property of Homevyte and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying the Homevyte Platform, Homevyte Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Homevyte used on or in connection with the Homevyte Platform and Homevyte Content are trademarks or registered trademarks of Homevyte in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Homevyte Platform, Homevyte Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners. Violation of any terms agreed to by Members could result in legal action.

        You will not use, copy, adept, modify, alter, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Homevyte Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Homevyte or its licensors, except for the licenses and rights expressly granted in these Terms.

        Subject to your compliance with these Terms, Homevyte grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to download and use the Application on your personal device(s); and access and view any Collective Content made available on or through the Homevyte Platform and accessible to you, solely for your personal and non-commercial use.

        By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Homevyte Platform, you grant to Homevyte a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Homevyte Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Homevyte does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

        Homevyte may offer Home Cooks/Members the option of having professional photographers take photographs of but not limited to their Home, dining table, dining room, Meals, Food, Kitchen, Venue, Room, Backyard, Front yard, patio, porch, and Silverware; which are made available by the photographer to Home Cooks/Members to include in their reservation with or without a watermark or tag bearing the words “Homevyte Verified Photo” or similar wording (“Verified Images”). 

        You are responsible for ensuring that your venue is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Homevyte Platform if they no longer accurately represent your Listing, if you stop serving at the venue featured, or if your Homevyte Account is terminated or suspended for any reason. You acknowledge and agree that Homevyte shall have the right to use any Verified Images in accordance with “Content and Content Ownership” per the Terms and Conditions 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 Homevyte is not the exclusive owner of Verified Images, by using such Verified Images on or through the Homevyte Platform, you grant to Homevyte 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. Homevyte in turn grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use Verified Images outside of the Homevyte Platform solely for your personal and non-commercial use.

        You are solely responsible for all Member Content that you make available on or through the Homevyte Platform. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all Member/User Content that you make available on or through the Homevyte Platform or you have all rights, licenses, consents and releases that are necessary to grant to Homevyte the rights in and to such Member/User Content, as contemplated under these Terms; and neither the Member/User Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Homevyte’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

        You will not post, upload, publish, submit or transmit any Member Content that: is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, libelous, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person or animal; promotes illegal or harmful activities or substances; or violates Homevyte ‘s policies or any other Homevyte policy. Homevyte may, without prior notice, remove or disable access to any Member Content that Homevyte finds to be in violation of applicable law, these Terms or Homevyte’s then-current policies, terms, or standards or otherwise may be harmful or objectionable to Homevyte, its Members, third parties, or property.

        Homevyte respects copyright law and expects its Members to do the same. If you believe that any content on the Homevyte Platform infringes copyrights you own or some other party owns, please notify us by sending an email to support@Homevyte.comwhere Homevyte will take the appropriate action. 

        Homevyte Platform Fee

        Homevyte does not charge any type of fee and it is free of charge to guests, diners, patrons, customers, and consumers.

        However, Homevyte does charge a fee of 19.92% (“Platform Fees”) (“Platform Service Fees”) to Trusted HomeCooks™ (hosts) in consideration for the use of the Homevyte Platform. This fee may be changed, increased or decreased at Homevyte’s discretion at any time it so desires. More information about when Service Fees apply and how they are calculated can be found on our website Homevyte.com/FAQs. All fees are subject (greater than or lesser than any existing platform fees or general fees) to change at any given time. However, if changes are made, Members/Users will be given an update and fourteen (14) days notice before changes are implemented.

        Any applicable Platform Service Fees (including any applicable Taxes based on a per state basis) will be displayed to a Host or Guest prior or after a reservation is listed or booked. Homevyte reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

        Reservation Changes, Cancellations and Refunds

        Homevyte Trusted HomeCook™ and Homevyte Guests are responsible for any modifications to a booking that they make via the Homevyte Platform.

        Guests can cancel a confirmed booking at any time pursuant to Trusted HomeCook™ & Homevyte’s Cancellation Policy. Homevyte Payments will refund the amount of the Total Fees due to the Homevyte Guest in accordance with such cancellation policy. Unless unforeseen circumstances exist, Homevyte will remit any portion of the Total amount due to the Homevyte Trusted HomeCook™ under the applicable cancellation policy to the Homevyte Trusted HomeCook™ pursuant to the terms of the payment.

        If a Homevyte Trusted HomeCook™ cancels a confirmed booking, the Homevyte Guest will receive a full refund of the Total Fees for such reservation. In some instances, Homevyte may allow the Homevyte Guest to apply the refund to a new reservation, in which case Homevyte will credit the amount against the Homevyte Guest’s booking at the Homevyte Guest’s direction in the future. Further, Homevyte may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Homevyte may keep the calendar for the reservation time(s) unavailable or blocked for the dates of the cancelled booking, and/or impose a cancellation fee, unless the Homevyte Trusted HomeCook™ has a valid reason for cancelling the booking pursuant or has legitimate concerns about the Homevyte Guest’s behavior or fear for their safety. Homevyte’s Cancellation Policy Circumstances for both parties can be found on the website at homevyte.com/cancellation policy

        Damages and Disputes Between Members

        As a Homevyte Guest, you are responsible for leaving the Homevyte Trusted HomeCook™ Venue (including any personal or other property located at the Venue) in the condition it was in when you arrived. Homevyte Guests are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they agree to dine-in with collectively unless resolved by Homevyte and determined one hundred percent (100%) no involvement in the dispute or act.

        If a Homevyte Trusted HomeCook™ claims and provides evidence that the Homevyte Guest has damaged something on the Homevyte Trusted HomeCook’s ™ Premise or any personal or other property at a venue (“Damage Claim”), the Homevyte Trusted HomeCook™ can seek payment from the guest through Homevyte. If a Trusted HomeCook™ escalates a Damage Claim to Homevyte, the Homevyte Guest will be given an opportunity to respond. If the Homevyte Guest agrees to pay the Homevyte HomeCook™, or Homevyte determines in its sole discretion that the Homevyte Guest is responsible for the Damage Claim, the Homevyte Guest will pay. Homevyte will collect any such sums from the Homevyte Guest and/or against the Homevyte Insurance Guarantee (if applicable) required to cover the Damage Claim. Homevyte also reserves the right to otherwise collect payment from the guest (s) and pursue any remedies available to Homevyte in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Homevyte Trusted HomeCook™ under the Homevyte Insurance Guarantee.

        Taxes

        Homevyte Trusted HomeCooks™ are solely responsible for determining their obligations to report, collect, remit or include in your Homevyte Host Service Reservation applicable or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).

        2. Homevyte Privacy Policy

        Main Note:

        When this policy mentions “Homevyte,” “we,” “us,” or “our,” it refers to the Homevyte the company that is responsible for your information under this General Terms & Conditions.

        “Members” refer to users of Homevyte’s Platform(s) more specifically, Homevyte Trusted HomeCooks™ (“Trusted HomeCooks, HomeCooks, Home Cooks”) and Homevyte Diner (“Diner, Guest, Customer, Patron, Visitors”)

        Data Collected By Homevyte

        Homevyte asks for and collects the following personal information about Members (Homevyte Trusted HomeCook™ and Homevyte Guests) when members use the Homevyte Platform. This information is necessary for the adequate performance of the contract between members and Homevyte and to allow Homevyte to comply with legal obligations. Without it, Homevyte would not be able to provide members with all the requested services.

        Account Information: information such as member first names, last names, email addresses, and date of births.

        Profile and Reservation Information

        When members set up profiles, Homevyte may ask members to provide additional information, which may include member addresses, phone number, and profile pictures.

        Identity Verification Information Homevyte may collect identity verification information (such as images of member government issued IDs, passports, or driving licenses) or other authentication information. 

        Payment Information Once members are in the process of making a reservation to dine-in, delivery, or carry out, in order to proceed and place the order Homevyte requires members to provide certain financial information (like member bank account or credit card information) in order to facilitate the payment.

        Communications with Homevyte and other Members

        When members communicate with Homevyte or use the Homevyte Platform to communicate with other Members, Homevyte collects information about member communication and any information members select to provide.

        Information Members can choose to give Homevyte

        Members may choose to provide Homevyte with additional personal information in order to obtain a better user experience when using Homevyte’sPlatforms.

        Additional Profile Information

        Members may choose to provide additional information as part of your Homevyte profile such as gender, preferred language(s), city, and a personal description. Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.

        Address Book Contact Information Members may choose to import Member address book contacts or enter members contacts’ information manually to access certain features of the Homevyte Platform, like inviting them to use Homevyte.

        Other Information

        Members may otherwise choose to provide Homevyte information when members fill in a form, update or add information to member’s Homevyte Account, review Homevyte on the app store, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us (such as through Homevyte Trusted HomeCook™ Stories), or use other features of the Homevyte Platform etc.

        Automatically Collected Information Upon Use of the Homevyte Platform

        When members use the Homevyte Platform and the Payment Services, Homevyte automatically collect personal information about the services member use and how members use them. Homevyte works with information provided by embedded Data Analytics Software. This information is necessary for the adequate performance of the contract between members and Homevyte, to enable Homevyte to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Homevyte Platform and Payment Services for members.

        Geo-location Information

        When members use certain features of the Homevyte Platform, Homevyte may collect information about members precise or approximate location as determined through data such as member IP address or mobile device’s GPS to offer members an improved user experience. Most mobile devices allow members to control or disable the use of location services for applications in the device’s settings menu. Homevyte may also collect this information even when members are not using the app if this connection is enabled through member settings or device permissions.

        Usage Information: We collect information about your interactions with the Homevyte Platform such as the pages or content you view, your searches for Meals, Home Cooks, Type of food you search, bookings you have made, and other actions on the Homevyte Platform.

        Log In Data and Device Information: Homevyte automatically collects log in data and device information when you access and use the Homevyte Platform, even if you have not created a Homevyte Account or logged in. That information includes, among other things: details about how you’ve used the Homevyte Platform (including if you clicked on links to third party applications), IP address, access dates and times, how long you stayed on the Homevyte app, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Homevyte Platform.

        Cache, Cookies, and Similar Technologies

        Homevyte uses cookies and other similar technologies when you use our platform, use our mobile app, or engage with our online ads or email communications. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize our website experience. In some cases we associate the information we collect using cookies and other technology with your personal information. 

        HOW DOES Homevyte USE INFORMATION IT COLLECTS

        Homevyte may use, store, and process personal information to provide, understand, improve, and develop the Homevyte Platform. We may use the personal information to provide, improve, and develop the Homevyte Platform. To create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with Homevyte Policies) and provide, personalize, measure, and improve our advertising and marketing. We may use the personal information to create and maintain a trusted and safer environment. We process this personal information for these purposes given our legitimate interest in protecting the Homevyte Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

        Necessary Payment Information to Process Payments

        Homevyte works with a readily known and trusted third party payment processing company called Stripe through embedded APIs.  Stripe needs to collect the following information necessary for the adequate performance of the contract with members and to comply with applicable law (such as anti-money laundering regulations). Without it, members will not be able to use Payment Services:

        Payment Information: When members use the Payment Services, Stripe requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.

        Identity Verification and Other Information: If you are a Member, Stripe may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.

        SECURITY

        Homevyte is implementing technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Homevyte Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Homevyte Account, please contact us following the instructions in the Contact Us section below.

        CONTINUED PRIVACY POLICY CHANGES

        Homevyte reserves the right to change, alter, modify, and revise this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Homevyte Platform. We will also provide you with notice of the modification by email at least fourteen (14) before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Homevyte Platform will be subject to the revised Privacy Policy.

        SHARING WITH YOUR CONSENT 

        Homevyte only shares your information once given your full consent to do so (By registering as a member on the Homevyte Platform). Homevyte shares your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Homevyte Account or when you participate in promotional activities conducted by Homevyte third parties.

        The social media platforms with which we may share your personal information are not controlled or supervised by Homevyte. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.

        Please note that you may, at any time ask Homevyte to cease processing your data for these direct marketing purposes by contacting us at support@ Homevyte.com

        Member Sharing Information

        In order to fulfill reservations or other interactions between Members (Homevyte Trusted HomeCook™ and Homevyte Guests), Homevyte may need to share certain information, including personal information, with other Members, as it is necessary for the adequate arrangements of the contract between Homevyte Guests and Homevyte. When Homevyte Guests submit a reservation request, certain information about you is shared with the Homevyte Trusted HomeCook™, including your profile, full name, the full name of any additional Guests, your cancellation history, and other information you agree to share. When the guest’s leal reservation is confirmed, Homevyte will disclose additional information to assist with coordinating the trip, like your phone number and exact address if Homevyte Guest is dining-in or carry-out.

        We do not share your billing and payout information with other Members.

        Homevyte s Legal and Law Compliance and Safety for Members

        Homevyte may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent Homevyte is required or permitted to do so by law or if such disclosure is reasonably necessary. In order for Homevyte to comply to legal obligations, to comply with legal process and to respond to claims proclaimed against Homevyte, to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose Homevyte, Members, or any other of our users affiliates, or the public to legal liability, to protect the rights, property or personal safety of Homevyte’s Safety Guidelines. These disclosures may be necessary to comply with Homevyte’s legal obligations, for the protection of your or another person’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Homevyte’s Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.

        Government Registration

        Wherever it is necessary in any jurisdiction, Homevyte facilitates or requires a registration, notification, permits, or license application of a Homevyte Trusted HomeCook™ with a local governmental authority through the Homevyte Platform in accordance with local law and state law. Homevyte may share information of participating Homevyte Trusted HomeCook™ with the relevant authority, both during the application process and, if applicable, thereafter, such as the Homevyte Trusted HomeCook™ full name and contact details, venue address, tax identification number, Listing details, and dollar amount disclosure for one (1) calendar year.

        Analyzing Member Communications

        Homevyte has the authority to scan, or analyze member communications on the Homevyte Platform(s) for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. In some cases, Homevyte may also scan, review, or analyze messages to debug, improve, and expand product offerings. Homevyte may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of the Homevyte platform and its tools. Homevyte will not review, scan, or analyze member-messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications. These activities are carried out based on Homevyte legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

        3. Guest/Diner/Patron Waiver & Release

        In order for guests to dine-in at Trusted HomeCook™ residence, order carry-out, or delivery, Homevyte requires you to accept this Guest/Diner/Patron Waiver & Release, which is effective between you, the guest (diner, patron, customer, consumer), Trusted HomeCook™ and Homevyte as of the date when you make your first reservation request.

        You confirm that you are 18 years of age or older. If you have a family member accompanying you and who is a minor, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the reservation, and have read this Guest/Diner/Patron Waiver & Release and agree to it on the minor’s behalf, which shall apply to each of you as if the reference to “you” was a reference to him/her.

        Assumption of Risks

        You understand and acknowledge that the reservations you partake by way of dine-in (table-share), delivery, and/or carry-out may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.

        To the maximum extent permitted under applicable law, you knowingly, voluntarily and freely assume all risks, both known and unknown, of making and participation in reservations, even if those risks arise from the negligence or carelessness of Homevyte, its partnering Trusted HomeCook™ as your hosts, or defects in the Homevyte Trusted HomeCook™ and Diner Applications software, equipment, premises, or facilities used during any part of the reservation, or otherwise, and you assume full responsibility for participating in the reservation, during delivery, carry-out and/or dine-in.

        Release and Waiver

        You acknowledge and agree that:

        • You have reasonably assessed the risks involved in the Homevyte’s and its partnering Trusted HomeCook™ reservation/ordering of delivery, carry-out, and/or dine-in (table-share) and have made an informed and voluntary choice to participate and become a guest/diner/patron/customer/consumer of Homevyte Trusted HomeCook™.

        • You alone, and not Homevyte or its partnering Trusted HomeCook™, are responsible for determining your fitness for participating in the reservation for delivery, carry-out, and/or dine-in (table-share) and your ability to fully understand any directions or warnings presented.

        • You will not participate and make reservations for delivery, carry-out, and/or dine-in (table-share) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in delivery, carry-out, and/or dine-in (table-share)

        • You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for delivery, carry-out, and/or dine-in (table-share). If you notice any hazard during any time of your reservation, you will stop participating in the reservation immediately.

        TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE Homevyte FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY PART OF YOUR RESERVATION, DELIVERY, CARRY-OUT,  AND/OR DINE-IN (TABLE-SHARE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

        If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

        You intend this Guest Waiver and Release to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Guest Release and Waiver is held to be invalid, the balance notwithstanding shall continue in full force and effect.

        Disclaimer of Warranties

        TO THE MAXIMUM EXTENT PERMITTED BY LAW, Homevyte PROVIDES our platform for RESERVATION, DELIVERY, CARRY-OUT, DINE-IN (TABLE-SHARE) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Homevyte EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

        Indemnification

        You agree that if, despite this Guest Waiver and Release, you or anyone on your behalf make a claim against the Homevyte and/or Homevyte Trusted HomeCook (your host) relating to any part of the reservation, delivery, carry-out, and/or dine-in (table-share), you will indemnify and hold the Homevyte and Trusted HomeCooks™ (your hosts) harmless from any liability, demand, loss, damage, or costs which Homevyte and/or Homevyte Trusted HomeCook™ may incur as the result of such claim.

        You affirm that you HAVE READ THIS GUEST WAIVER AND RELEASE AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

        4. Homevyte Cookie Policy

        Homevyte uses cookies and similar technologies to help provide, protect, and improve the Homevyte’s Platform. This policy explains how and why we use these technologies and the choices you have.

        A cookie is a small data file that is transferred to your device which allows Homevyte to recognize your browser, store your preferences so that we can provide services specific to your needs. There are several cookies used by Homevyte, but there are two specific types of cookies used on Homevyte’s Platform called (1) “temporary cookies” and (2) “background cookies.” Temporary cookies usually expire when you close your browser, while background cookies remain on your device after you close your browser and reused when you use the platform again.

        We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data. Our email messages will contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link or not, so that we learn, to better serve you.

        Why Homevyte Uses These Technologies

        • To enable you to use and access Homevyte’s Platform, geolocation, and the payment systems.
        • To enable, facilitate and streamline the functioning of and your access to Homevyte’s Platform.
        • To better understand how you navigate through and interact with the Homevyte’s Platform in order for us to improve Homevyte’s Platform.
        • To serve you specific and tailored advertising that we believe might be important to you.
        • To show you content that is more relevant to you.
        • To monitor and analyze the performance, operation, and effectiveness of the Homevyte’s Platform and third-party advertisements that we employee.
        • To enforce legal agreements that govern use of Homevyte’s Platform.
        • For fraud detection and prevention, trust and safety, and investigations on Homevyte’s Platform.
        • For purposes of our own customer support, analytics, research, product development, and regulatory compliance.

        Cookies

        When you visit our websites we place cookies on your computer. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and can enable us to detect certain kinds of fraud.

        You can opt out if you visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. If you choose to remove or reject cookies or clear local storage it will affect the Homevyte’s Platform’s features, availability, and functionality of our website.

        Local Stored Cookies

        We may use Local Stored Objects, and similar technologies to personalize and enhance your online experience. A local stored cookie is a small data file placed on a computer.

        We use local stored cookies to personalize and enhance your online experience and to deliver content. We may also use these cookies for security purposes, to gather certain website metrics and to help remember settings and preferences.

        If you disable local stored cookies or other similar technologies, please note that you will not have access to certain content and product features.

        Pixel Tags and Web Beacons

        Pixel tags and web beacons are tiny graphic images and small blocks of code placed on website pages, ads, or in our emails that allow us to determine whether you performed a specific action. When you access these pages, or when you open an email, the pixel tags and web beacons let us know you have accessed the web page or opened the email. These tools help us measure response to our communications and improve our web pages and promotions.

        Server Logs and Other Technologies

        We collect information about the device you use to access our website, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. We may also collect information about the website you were visiting before you came to our website and the website you visit after you leave our site. These tools help us improve user experience and deliver our services.

        Device Information

        We may use device-related information to authenticate users. For example, we may use your IP address, browser information, or other data provided by your browser or device to identify the device being used to access our platform. We may also use these device-related techniques for associating you with different devices that you may use to access our content including for fraud-protection purposes and to better target advertising.

        Third Parties

        We may also allow certain business partners to place these technologies on the Homevyte’s Platform. These partners use these technologies to (1) help us analyze how you use the Homevyte’s Platform, such as by noting the third party services from which you arrived, (2) market and advertise Homevyte’s services to you on the Homevyte’s Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the Homevyte’s Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the Homevyte’s Platform, we work with a number of analytics partners, including Google Analytics.

        Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the Homevyte’s Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the Homevyte’s Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.

        Third Party Social Plugins

        The Homevyte’s Platform may use social plugins provided and operated by third parties. As a result of this, you may send to the third party the information that you are viewing on a certain part of the Homevyte’s Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Homevyte’s Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

        Your Choices

        Cookie Preferences 

        Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar.

        Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

        If you choose to decline cookies, some parts of the Homevyte’s Platform may not work as intended or may not work at all

        5. Homevyte Gift Card Terms & Conditions

        Redemption

        Homevyte Gift Cards (“Gift Cards”) may only be redeemed toward the purchase of eligible goods and services provided by Homevyte, LLC and its affiliates on www. Homevyte.com. Your use of the services available via www. Homevyte.com shall be subject to Homevyte’s terms of service.

        Gift Card purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s www. Homevyte.com account in the form of another Gift Card. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method in the purchaser’s account.

        To view your Gift Card balance, visit your dashboard after signing in to www. Homevyte.com No fees apply to Gift Cards. Gift Cards do not expire.

        Gift Card Restrictions

        Gift Cards may only be applied to new reservations and at the time of the initial booking request. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances in an Homevyte.com account may not be transferred to another Homevyte.com account. Gift Cards can only be purchased by or gifted to individuals in the United States.

        Risks

        The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier. Homevyte is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

        Fraud

        Homevyte reserves the right to any remedy, including refusal to issue or honor a Homevyte Gift Card in the event of suspected fraud. We have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on Homevyte.com.

        Restrictions of Extent of Liability

        Homevyte MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

        Disputes

        Any dispute or claim relating in any way to Gift Cards will be resolved on the Homevyte’s Resolution Center on the Homevyte.com/HRC

        Homevyte Gift Cards General Terms

        Homevyte’s Gift Card is issued by Homevyte. When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time at our discretion. All terms and conditions are applicable to the extent permitted by law.

        6. Homevyte Copyright Policy

        Notification of Copyright Infringement

        Homevyte, LLC. (“Homevyte“) respects the intellectual property rights of others and expects its users to do the same.

        It is Homevyte’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

        In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Homevyte will respond expeditiously to claims of copyright infringement committed using the Homevyte website and mobile application (the “Site and Application”) that are reported to Homevyte’s Designated Copyright Agent, identified in the sample notice below.

        If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Homevyte’s Designated Copyright Agent. Upon receipt of the Notice as described below, Homevyte will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

        Notice of Alleged Infringement

        1. Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
        2. Identify the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
        3. Provide your mailing address, telephone number, and, if available, email address.
        4. Include both of the following statements in the body of the Notice:
          • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
          • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
        1. Provide your full legal name and your electronic or physical signature.

        Deliver this Notice, with all items completed, to Homevyte’s Designated Copyright Agent:

        Homevyte
        4716 Vicar Drive
        Nashville, TN 37211
        copyright@homevyte.com