General Terms & Conditions
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”)
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.
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.
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.
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/cancellationpolicy
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.
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”).
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.
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.
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
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.
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.
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.
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.
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.
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.
Homevyte Gift Card Terms & Conditions
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.
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.
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.
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.
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
- 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.
- 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.
- Provide your mailing address, telephone number, and, if available, email address.
- 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.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Homevyte’s Designated Copyright Agent:
4716 Vicar Drive
Nashville, TN 37211