Cookstro
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Terms of Use

Effective Date: March 11, 2022

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING CONTRACT BETWEEN VYDL INC. D/B/A COOKSTRO (“COOKSTRO” or “we”) AND YOU (“you”). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE COOKSTRO.COM WEBSITE (the “Site”) OR ANY SOFTWARE, APPLICATIONS, FEATURES OR FUNCTIONALITY PROVIDED BY COOKSTRO (COLLECTIVELY, THE “COOKSTRO PLATFORM” AND “THE SERVICES”). BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

  1. DESCRIPTION OF SERVICES; MINIMUM AGE REQUIREMENT
1.1. Description of Services.The Cookstro Platform brings the convenience of online food ordering for authentic and delicious home-based meal subscriptions, meals, and food items (“Meals”).   Cookstro Users, also called “Eatstros”, can use the Cookstro Platform to review and order Meals or other services cooked, packaged, and delivered by Cookstro Providers (“Cookstros”). We do not own, control, offer or manage any Cookstro Provider Services. The terms “Cookstros” and “Cookstro Provider Services” are defined in Section 7 below.   Cookstro Providers are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to their Cookstro Provider Services, including all regulations applicable to the preparation, sale, marketing, and packaging of all Meals ordered through Cookstro.   Cookstro is not responsible for the accuracy of the information and labelling of Meals.   Meals may be prepared in facilities using the same equipment that is used to prepare Meals containing allergens even if the allergen is marked as being absent from the food. COOKSTRO is not liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals and related items through the Services.  1.2. Age Requirement.You must be at least 18 years old to use the Services.  
  1. MODIFICATIONS TO TERMS
2.1. Procedure.At any time, COOKSTRO may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site and sending you an email to the email address or a text to the phone number that we have on record for you. Your continued use of the Services thirty (30) days after our notice to you of a change in the Agreement will mean that you have agreed to be bound by the amended Agreement.  2.2. Your Obligation to Stay Current.It is critical that you keep your email and phone contact information correct and updated with Us at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty days.  
  1. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Content from the Services at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance, or removal, and any such action by us will not affect Our license to your Content as stated in Section 6 below.  
  1. TRANSACTIONS AND SUBSCRIPTIONS
4.1. Transactions.You are responsible for paying to a Cookstro Provider the applicable purchase price for purchased Meals, as well as any delivery costs and paying applicable taxes and fees associated with the purchase and sale of any Meals through the Services. Delivery costs and taxes will be displayed to you before confirmation of any purchase. If you submit your payment information through the Services, then you authorize COOKSTRO to store that payment information and charge your payment method for any Meals that you purchase. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  4.2. Subscriptions.If you purchase Meals on a recurring or subscription basis, you hereby authorize Cookstro to use your payment information in advance on a periodic basis in accordance with the terms of any subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred.  
  1. POSTING CONTENT ON THE SERVICES; REPRESENTATIONS AND WARRANTIES
5.1. Content Protected by Intellectual Property Rights.Any content available through the Services, including applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of COOKSTRO or its licensors.  5.2. Your Warranties.By displaying or publishing (“posting”) any Content on the Services, you warrant and represent that:   (a) you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to COOKSTRO the rights described in these Terms; (b) you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content; (c) you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to COOKSTRO described in these Terms; and (d) your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.   By using the Services, you warrant and represent that you will not violate our Community Guidelines www.cookstro.com/community-guidelinesas updated from time to time.  5.3. Establishing an Account.To use the Services, you must first complete the Site registration process to create an account with a username and password (the “Account”). You may not share your password with anyone. You must always provide accurate current and complete information to COOKSTRO for the Services. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Services through your Account will be deemed as being used by you. COOKSTRO is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.  
  1. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
6.1. Ownership of Your Content.You retain ownership of your rights in any Content you post to the Services, subject to the non-exclusive rights that you grant to us as described in these Terms.  6.2. Your License to COOKSTRO.You hereby grant COOKSTRO a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).  6.3. Your Right to Terminate the License.You may remove or modify Content that you post on the Site. If, prior to such removal or modification, COOKSTRO has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then COOKSTRO has a limited right to continue to distribute those materials. If you want COOKSTRO to stop distributing the materials, simply send us written notice to stop distributing such materials, in which event we will stop distributing the materials within thirty (30) days. Your notice must be signed by you, include your telephone number and email address, and be sent by registered mail, postage prepaid, to VYDL Inc., 1888 Knights Crt, Mississauga, Ontario L5K 2N4, Attn: Copyright Agent. In addition, the notice must clearly identify the Content at issue, describe the specific use of the Content you wish to end, and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The thirty-day period for COOKSTRO to stop distributing your Content begins only once COOKSTRO has received a notice complying with the requirements of this Section 6.3.  6.4. User Contact Submissions.When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to COOKSTRO through our “Contact Us” web page located at www.cookstro.com/contact-us, you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, COOKSTRO may use and disclose your Submissions in any way; and (c) COOKSTRO has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.  
  1. COOKSTRO PROVIDERS
If you are a legal resident of Canada or the United States and a holder of a COOKSTRO Account in good standing, you are eligible to enroll as a “Cookstro Provider” and offer cooking, packaging and delivery services (the “Cookstro Provider Services”). If you are interested in registering for the Cookstro Provider Services, please visit www.cookstro.com/become-a-cookstro. As part of the registration process, you must read and agree to the Cookstro Provider Supplemental Terms of Use (“Supplemental Terms”). The Supplemental Terms are part of and incorporated into these Terms.  
  1. PROHIBITED CONTENT
You must not post to the Services any Content that, as reasonably determined by COOKSTRO, is or appears to be:   (a) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable; (b) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or (g) in violation of any applicable local, provincial, state, national or international law (including export laws).  
  1. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM
 9.1. Prohibited Conduct.You must not do, or attempt to do, any of the following, as reasonably determined by COOKSTRO, subject to applicable law:   (a) access or use the Services in any way that is not in compliance with any applicable local, provincial, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Services that you are not authorized to access; (c) alter information on or obtained from the Services; (d) tamper with postings, registration information, profiles, submissions or Content belonging to COOKSTRO or other users of COOKSTRO; (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Services or extract data or gather or use information, such as email addresses, available from the Services or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (f) frame any part of the Services, or link to the Services, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by COOKSTRO; (g) impersonate or misrepresent your affiliation with any person or entity; (h) reverse engineer any licensed software, application or any other aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services; (i) send to or otherwise impact us or the Services (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Services or any recipient; or (j) take any action which might impose a significant burden (as determined by us) on our infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Services.  9.2. Liquidated Damages.IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SERVICES, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO COOKSTRO, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $25 USD FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.  
  1. MONITORING OF SERVICES CONTENT; RESOLUTION OF USER DISPUTES
10.1. No Duty to Monitor.We are under no obligation to restrict or monitor Services Content in any way. COOKSTRO DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of COOKSTRO. COOKSTRO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Services.  10.2. Right to Resolve Disputes.COOKSTRO has the right but not the obligation to resolve disputes between users relating to the Services and COOKSTRO’s resolution of a particular dispute does not create an obligation to resolve any other dispute. COOKSTRO’s resolution of any dispute is final with respect to the Services.  
  1. PROTECTION OF CONTENT
11.1. License by COOKSTRO to You.You must respect the intellectual property laws protecting our Services. COOKSTRO grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights COOKSTRO has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.  11.2. Downloadable Applications.Some applications available through the Services require that you download software (the “Software”) onto your computer. When you download the Software, subject to your compliance with any purchase pathway for the Software, COOKSTRO grants you a limited, non-transferable, non-sublicensable, non-exclusive license, under the rights COOKSTRO has in the Software, to download, privately display and perform one copy of the Software per computer for your own personal, noncommercial purposes. In addition, you may make one additional copy of the software for archival purposes only. To the extent permitted under applicable law, you may not use the Software for any other purpose. You must not post the Software to a public or peer to peer network. Various technologies may not be consistent across all platforms and the performance and some features offered by COOKSTRO may vary depending on your computer and other equipment.  11.3. Reservation of Rights.On its own behalf and the behalf of its licensors, COOKSTRO reserves all rights in the Content, including the Software, not expressly granted in this Section 11. COOKSTRO does not in any way grant any other rights to you. Except as expressly stated in this Section 11, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any Software, without prior written consent from COOKSTRO or other third-party owners of the rights in that Content (if any).  
  1. PRIVACY POLICY
Please see our Privacy Policy at www.cookstro.com/privacy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Services.  
  1. TERMINATION OR CANCELLATION
13.1. Right to Terminate.We may, at any time, without notice to you, terminate your access to the Services, and your Account, or block your access to the Services if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of COOKSTRO, our users, or any other person.  13.2. Notice of Termination.If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.  13.3. Effect of Termination.Upon termination of your Account or the Services, your agreement with COOKSTRO pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 5 “Posting Content on the Services; Representations and Warranties,” Section 6 “Ownership of Rights; License Rights; User Submissions,” Section 11 “Protection of Content,” Section 15 “Indemnification,” Section 16 “Disclaimer of Warranties,” Section 17 “Exclusion of Damages; Limitation of Liability,” and Section 21 “Additional Terms” and the Privacy Policy. If your Account or access to the Services is terminated, you may no longer have access to the Content you posted on the Services.  
  1. DEALINGS WITH THIRD PARTIES; LINKS
14.1. Advertisements and Links.The Services contains advertisements, offers, or other links to sites or properties of third parties including Cookstro Providers that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. COOKSTRO is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Services does not imply that we endorse the linked site. You use the links at your own risk. COOKSTRO’s Privacy Policy is applicable only when you are on our Site. Once you link to another Web site, its privacy statement applies to any personal information you supply.  
  1. INDEMNIFICATION
You agree to hold VYDL Inc., and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the software, and other aspects of the Services and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Services and any dispute you have related to any merchant or advertising found on or through the Services; (iv) COOKSTRO’s resolution (if any) of any dispute you have with any user of the Services; (v) your improper authorization for COOKSTRO to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.  
  1. DISCLAIMER OF WARRANTIES
COOKSTRO PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOKSTRO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICES OR THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES. COOKSTRO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOKSTRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. IN NO EVENT WILL COOKSTRO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COOKSTRO FOR THE SERVICES AND USD $60 WHILE YOU HAVE AN ACCOUNT.   COOKSTRO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER COOKSTRO USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.  
  1. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF COOKSTRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO COOKSTRO.  
  1. COPYRIGHT INFRINGEMENT
COOKSTRO respects the intellectual property rights of others and requests that users of the Services do the same. If you believe that your work is being used on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:  
  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit COOKSTRO to locate the material (for example, by providing a URL to the material);
  4. your name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  Our designated agent to receive notification of claimed infringement can be reached at: Copyright Agent 1888 Knights Crt, Mississauga, Ontario L5K 2N4 copyright@cookstro.com.   It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.  
  1. CUSTOMER SUPPORT
We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.  
  1. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, COOKSTRO will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least thirty (30) days, we encourage you to visit the Site at least that often. You also authorize COOKSTRO to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by COOKSTRO via electronic mail, whether or not received by you. COOKSTRO may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by COOKSTRO to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described in Sections 6 and 18 above, respectively, you must send us any notice by mailing it to our address as listed above in Section 18.  
  1. ADDITIONAL TERMS
21.1. Agreement to Conduct Transactions Electronically.All your transactions with or through the Services may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.  21.2. Compliance with Laws.You are responsible for compliance with applicable local laws. Access to the Services Content by certain persons or in certain countries may not be legal.  21.3. No Agency; No Third Party Beneficiary.These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.  21.4. Severance.If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.  21.5. Assignment.These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of COOKSTRO. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of COOKSTRO will be null and void. COOKSTRO has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.  21.6. Jurisdiction; Choice of Law; Export Limitations.This Services is controlled by us from our offices in Canada and is directed to Canadian and U.S. users. If you access the Services from locations outside Canada or the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Services in violation of any export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the Province of Ontario, Canada, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and COOKSTRO submit to the exclusive personal jurisdiction and venue of the provincial and federal courts located within Toronto, Ontario.  21.7. Limitations on Actions.Any action concerning any dispute with respect to the Services must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.  21.8. Interpretation.The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.  21.9. Entire Agreement.These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) and any policies and guidelines posted to the Services by COOKSTRO comprise the entire agreement (the “Entire Agreement”) between you and COOKSTRO with respect to the use of the Services and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.  21.10. No Waiver.The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.   LEGAL NOTICES. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.   NOTICE RE TRADEMARKS The trademarks COOKSTRO, EATSTRO, BRINGSTRO, the Chef Hat logo, and all other trademarks used in the Services are owned or used under license by COOKSTRO and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Services or in any Services content. All rights are reserved.  NOTICE RE COPYRIGHT OWNERSHIP: © VYDL Inc. All rights reserved.   Supplemental Terms for Cookstro Providers 
  1. Cookstro Provider Services on the Cookstro Platform.
  1.1 Cookstro Provider. COOKSTRO offers you the opportunity to offer Meals, or other Cookstro Provider Services to our community of Cookstro Users by creating a Cookstro Provider Account and posting details and prices relating to the Meals offered. Cookstro Providers are responsible for the quality and safety of Meals, and Cookstro does not verify the credentials, representations, products, services or prices offered by any Sellers, and does not guarantee the quality of the Meals, or that Cookstro Providers or Meals comply with applicable laws.   1.2 Contracting with Cookstro Users. When you accept an order request, or receive an order confirmation through the Cookstro Platform, you are entering into a contract directly with the Cookstro User, and are responsible for delivering the Cookstro Provider Services under the terms and at the price specified in your posting. You are also agreeing to pay applicable fees like COOKSTRO’s services fee (and applicable taxes) for each order. We will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Cookstro Users must: (i) be consistent with these Terms, our policies, and the information provided in your posting, and (ii) be prominently disclosed in your posting.   1.3 Independence of Cookstro Providers. Your relationship with COOKSTRO is that of an independent individual or entity and not an employee, agent, joint venturer or partner of COOKSTRO. We do not direct or control your Cookstro Provider Services and you understand that you have complete discretion whether and when to offer services and at what price and on what terms to offer them.   1.4 Creating and Managing Your Postings. Your posting must include complete and accurate information about your Cookstro Provider Services, your prices, and any applicable details. You are responsible for your acts and omissions as well as for keeping your information (including availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Cookstro Provider Services and suggest you carefully review policy terms and conditions like coverage details and exclusions.   1.5 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Meals or Cookstro Provider Services.   1.6 Facilities. You represent and warrant that your use of the Services to market, advertise and sell Meals does not violate any applicable law or regulation, including but not limited to Ontario’s Health Protection and Promotion act (HPPA) and its accompanying Food Premises Regulation, as well as periodic inspections by their local public health unit.   For Cookstro Providers located in Ontario, you represent and warrant that you prepare and provide all Meals to Customers using a qualified (i) "Food Premises" and "Food Service Premise" (as defined in O. Reg. 493/17: FOOD PREMISES under Health Protection and Promotion Act, R.S.O. 1990, c. H.7); or (iii) "Cottage Food Operation" (as defined in Ontario’s Health Protection and Promotion act (HPPA) and its accompanying Food Premises Regulation, as amended). To the extent you are a Cookstro Provider preparing and providing Meals out of a food premises qualifying only as a "Home-Based Food Business" (as defined in Ontario’s Health Protection and Promotion act (HPPA) and its accompanying Food Premises Regulation, as amended), you further represent and warrant that you are in compliance with the terms of Ontario’s Health Protection and Promotion act (HPPA) and its accompanying Food Premises Regulation, as amended, which requires, among other things, that: a) You operate your home kitchen in a city, town or county where the governing body has authorised by ordinance or resolution the permitting of home kitchen operations; b) You have submitted to the local enforcement agency written standard operating procedures that include the following information: (i) all food types or products that will be handled, (ii) the proposed procedures and methods for food preparation and handling, (iii) procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse; (iv) how food will be maintained at the required holding temperatures, pending pickup by Customers or during delivery; and (v) days and times that the home kitchen will potentially be utilized as a home kitchen operation. c) You have successfully (i) passed an approved and accredited food safety certification examination, (ii) passed an inspection and (iii) received a permit to operate issued from the local enforcement agency; d) Your permit to operate a home kitchen operation received from the local enforcement agency remains valid and in full effect; e) Any person delivering Meals on behalf of your permitted home kitchen operation is an employee or a family/household member of yours, and if such a person drives a motor vehicle to deliver Meals, the person has a valid driver's licence; f) You have entered (and updated when necessary) the permit number for your home kitchen operation in the dedicated field provided by us during the sign-up process; g) Your Meals are prepared, cooked and served to Customers on the same day; h) Your Meals are consumed offsite if the food is picked up by the consumer or delivered within a safe time period; i) Your Meal preparation does not involve processes that require or handle raw milk or require a HACCP plan; j) Your operation is cooking Low-risk food items as defined by Health Protections and Promotion Act (HPPA) and Food Premises Regulation (FPR), you can now prepare and sell what are described as “low-risk” and non-hazardous food items that do not require “time and temperature control” (According to the Ministry of Health, these low-risk items include most breads and buns (without fillings or meats, etc), most baked goods (but no custard), chocolate, hard candies, pickles, jams, preserves, granola, trail mix, brownies, muffins and cookies (unless the icing requires refrigeration), as well as coffee beans and tea leaves. k) You sell Meals only to Customers who are consumers rather than wholesaler or retailers. l) You or any other party handling, preparing, cooking and packaging the meal orders have a valid Food Handler certificate for the jurisdiction you operate in.   For further information on Ontario's regulations regarding home kitchens, please review the resources provided by the Ministry of Health in the Guide to Starting a Home-based Food Business. Cookstro does not guarantee the accuracy of information or endorse any opinions contained on the Cook Alliance website.   1.7 Ingredients and Allergens. For any Meal and related content posted using the Services, a Cookstro Provider must provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. COOKSTRO is not responsible for the accuracy of the information and labelling of Meals.   1.8 Packaging. Cookstro Providers must use packaging supplies provided by us for the delivery of Meals prepared for Eatstros. We may charge your credit card or other acceptable payment method you provide for such packaging supplies.   1.9 Cancellations. In general, if a Cookstro User cancels an order, the amount paid to you is determined by the cancellation policy that applies to that reservation.   1.10 Taxes. As a Cookstro Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes.
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