TERMS AND CONDITIONS
WEB SITE TERMS AND CONDITIONS OF SERVICES FOR USERS AND COOKS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ("Terms") ON WHICH YOU ("YOU OR "USER" OR "COOKS") MAY USE THE Mumm LLC WEBSITES and/or WWW.getMumm.COM, and /or www.mummnow.com and/or and/or www.mumm.io and/or THE Mumm APPLICATION (FOR THE PURPOSES OF THESE TERMS BOTH THE WEBSITES AND THE MUMM APPLICATION SHALL BE REFERED TO AS THE "App"), WHICH PERMITS USERS AND/OR COOKS TO VIEW, ORDER AND SHARE MEALS ("Meals") THROUGH THE APP'S SOFTWARE SERVICE PLATFORM ("Platform").
The purpose of the App is to allow Users to order meal(s), that are prepared and provided solely by the Cooks (“Cooks”), through the Platform. Mumm services shall be limited to offer the meals through the Platform and deliver them to the User (“the Services”).
PLEASE READ THESE TERMS CAREFULLY BEFORE COMMITTING TO USE THE PLATFORM OR USER SERVICES OFFERED ON THE APP. BY USING THE APP, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF the SERVICES or a COOK. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE APP AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Mumm.
THE TERMS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND SUCH CHANGES SHALL BE EFFECTIVE UPON INTEGRATING IN THE APP, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THE TERMS BEFORE REGISTERING ON THE APP. IF, YOU DON’T ACCEPT SUCH CHANGES, YOU ARE REQUESTED TO STOP USING OUR PLATFORM, APP AND USER SERVICES, IMMEDIATELY. IN THE EVENT THAT YOU CONTINUE TO USE OUR PLATFORM, APP AND USER SERVICES DESPITE YOUR REJECTION TO OUR CHANGES SHALL BE AT YOUR OWN RISK.
SECTION A: GENERLA PROVISIONS FOR USERS
IN THE TERMS, THE FOLLOWING WORDS SHALL MEAN THE FOLLOWING MEANINGS:
USER: MEANS THE NATURAL PERSON WHO MAKES THE ORDER.
USER CONTENT: MEANS ALL INFORMATION INSERTED BY USER ON THEIR ACCOUNT.
INAPPROPRIATE: MEANS UNLAWFUL DATA, OBSCENE, INDECENT, PORNOGRAPHIC, SEDITIOUS, OFFENSIVE, DEFAMATORY, THREATENING, ACT OF TERRORISM, MEANCING AND BLASPHEMOUS.
USER SUBMISSION: MEANS VIEWS, OPINIONS, ADVICE OR RECOMMENDATIONS, ANY INFORMATION, REVIEWS, COMMENTS, IMAGES, THIRD PARTY URL LINKS OR OTHER MATERIAL WHATSOVER IN ANY FORMAT INSERT BY THE USER ON THE APP AND\OR YOUR ACCOUNT.
1. THE APP
1.1 Mumm shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the User Services available on the App.
1.2 Mumm reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
1.3 Mumm relies on third party providers (such as network providers, data centers and telecommunication providers) to make the App and the content therein and the User Services available to you. Whilst Mumm takes all reasonable steps available to it to provide you with a good level of User Services, you acknowledge and agree that Mumm does not guarantee or warrant that the App shall be uninterrupted or fault-free at all times. Mumm therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the User Services and App as a result of Mumm’s service providers.
In order to use the App, you will need to complete the online registration form and set up an account (“Account”). Upon registration as a User, and in consideration of your compliance with these Terms, Mumm will provide you with the User Services. Upon completing the registration process, You are a User of the Platform.
2.2 By registering your details with Mumm as a User, you warrant that:
2.2.1. You are legally capable of entering into these binding Terms;
2.2.2. You are at least 18 years old; and
2.2.3. You are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the User Services and purchase of Meals.
2.3 By registering your details and setting up an Account you consent to Mumm conducting verification and security procedures in respect of the information provided by you online.
2.4 You hereby warrant that the information provided by you to Mumm throughout the registration form is true, accurate and correct. You further warrant that you shall promptly notify Mumm in the event of any changes to such information.
2.6 You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Mumm, Mumm reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Mumm has any reason to believe you have breached any of the provisions set out herein.
3. Notwithstanding the foregoing, Mumm reserves the right to:
3.1. accept or reject your application to register for any reason; and
3.3. share your information inserted in the registration form while creating your account with third parties (1) in the event third party shall fulfil certain functions on our behalf; (2) to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations; (3) to protect our business from fraud or abuses of our app; (4) as required or permitted by law or a competent authority.
4. The User Services will comprise of the following:
4.1 The facility to create a Profile page;
4.2 The ability to search for Cooks who have registered with the App and have Meals available for Order;
4.3 The ability to communicate with other Users and Cooks using the App;
4.4 The facility to review and rate the Cook;
4.5. Access to any other features and functionality for the User Services provided by Mumm to Users from time to time.
5.1 You acknowledge and agree that all Orders are subject to acceptance by the Cooks. The fulfilment of an Order is created between you and the Cook, which shall only be formed once you have received such acceptance. Mumm is not responsible for either party’s performance and Mumm makes no guarantee that the obligations of either party shall be fulfilled.
5.2 User acknowledges and agrees that all Meals sold on the App are perishable, therefore cancellations or refunds may not permitted by Cooks.
6. USER OBLIGATIONS
6.1. You agree that you are solely responsible and liable for all activities carried out by your use of the App and\or account.
6.2. You shall not submit to appear on the App and\or your account through your use of User Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions, whether within your personal Profile, when rating or submitting a review in relation to another User or Cook or elsewhere on the App that, in Mumm’s reasonable opinion, may be deemed offensive, illegal, inappropriate or that in any way:
6.2.1. Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2.2. Harass or advocate harassment of another person;
6.2.3. display pornographic or sexually explicit material;
6.2.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.2.5. promote any illegal activities;
6.2.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
6.2.7. Promote or contain information that you know or believe to be inaccurate, false or misleading;
6.2.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Mumm; or
6.2.9. Infringe any rights of any third party.
6.3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services You agree that Mumm may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Mumm a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
6.4. You warrant and represent that you own or are licensed to use any and all patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights ( “Intellectual Property Rights”) in all User Submissions that you make to the App and\or your account as part of your use of User Services, and you are fully liable of the use of such submission.
6.5. You hereby grant to Mumm a non-exclusive, perpetual, irrevocable, worldwide and royalty free license to make the Submissions available to other Users and cooks on the App.
6.6. You further agree that at all times, you shall:
6.6.1. Not to use your Login Details with the intent of impersonating another person;
6.6.2. Not to allow any other person to use your Login Details;
6.6.3. Not to use the information presented on the App or provided to you by Mumm for any commercial purposes;
6.6.4. Not to do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
6.6.5. Not to infringe any rights of any third parties;
6.6.6. Contact Mumm at [email protected] immediately if you consider any User Submission posted by another User to breach any of the Terms herein;
6.6.7. comply with all instructions and policies from Mumm from time to time in respect of the use of the Platform, User Services and the App;
6.6.8. Co-operate with any reasonable security or other checks or requests for information made by Mumm from time to time; and
6.6.9. Use the information made available to you on the App and through User Services at your own risk.
6.7. In the event that you have a dispute with any other User of the App, you hereby release Mumm from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
6.8. You must at all times use the User Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
6.9. As a User, you are responsible for:
6.9.1. Ascertaining the identity of any Cook;
6.9.2. Verifying the Price of any Meal, which you acknowledge may fluctuate from time to time and will be determined at the Cook’s sole discretion;
6.9.3. Ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Cook is, where applicable registered with their local environmental health department;
6.9.4. Any review or rating of Cooks to be fair, honest and reasonable;
6.9.5. Verification of all information provided by the Cook in relation to any Meals provided, including the ingredients.
6.10. In using the User Services, you must:
6.10.1. Not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
6.10.2. Immediately notify Mumm in the event you have any reason to believe or suspect that a Cook or another User has breached any of The Terms or that any Cook Profile is not genuine, or is false, inaccurate and/or incomplete.
7. EXCLUSION OF WARRANTIES AND MUMM’S LIMITATION OF LIABILITY
7.1. You acknowledge and agree that where the App includes submission, such submission is not endorsed by Mumm and to the maximum extent permitted by law, and Mumm provides no warranty or guarantee, and shall not be liable in any way for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such submission.
7.2. Mumm does not assume any liability relating to the user submission, and does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use of the Platform, User Services and/or the App. Consequently, Mumm does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Submission or any other information made available to you through your use of the Meals, user Services and/or the App. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, User Services and/or the App, you do so at your own risk and liability.
7.3. Mumm shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories, even if the possibility was reasonably:
7.3.1. Consequential, indirect or special losses;
7.3.2. Loss of profits, income or revenue;
7.3.3. Loss of savings or anticipated savings, interest or production;
7.3.4. Loss of business or business benefits;
7.3.5. Loss of opportunity or expectations;
7.3.6. Loss of goodwill and/or reputation;
7.3.7. Loss of marketing and/or public relations time and/or opportunities;
7.3.8. Loss of data;
7.3.9. Loss of management or office time;
Or any other losses whatsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4. Mumm shall not be liable in the event of (1) any unauthorized access or use to your account and\or information inserted by you; (2) any virus, bugs or any program that can harm your account, the User Services; (3) any inappropriate content provided by you or inaccurate contact information; (4) third party conduct; (5) damage or use incurred by you as a result of your use or access to the app; (8) for all warranties in respect of non-infringement or fitness for particular purpose
7.5. Nothing in these Terms excludes or limits Mumm’s liability for:
7.5.2. fraud or fraudulent misrepresentation; or
7.5.1. any other matter for which it would be illegal for Mumm to exclude or attempt to exclude its liability.
7.6. Mumm does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Mumm therefore recommends that you take all safety precautions when contacting, socializing and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Users.
8. ADDITIONAL EXCLUSION OF WARRANTIES REGARDING COOK & COOK SERVICES
8.1. You acknowledge and agree that the User Services provided by Mumm are limited to providing you with a forum to attempt to source and connect with Cooks . When you use the User Services, Mumm does not warrant or guarantee:
8.1.1. that you will find Meals suitable to your specific taste, dietary or other requirements;
8.1.2. the status of any Cook as a business or that the same is compliant with any standards set by any food standards agency or authority in the User’s jurisdiction;
8.1.3. the premises used by a Cook to prepare Meals are suitable for the cooking and preparing of Meals or, where applicable, registered with their local environmental health department;
8.1.4. that the Cooks’ Profiles are genuine;
8.1.5. that any information or documentation made available on a Cook’s Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete;
8.1.6. the identity of the Cook using the App; or
8.1.7 the suitability of the Meals for consumption upon delivery to the User, or that the Meals are free from food-borne illnesses, viruses, bacterial infections or otherwise.
8.2. As a User, you warrant that you will only purchase Meals for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell Meals to consumers.
8.3. Mumm is not responsible in any way for the quality or delivery of any Meals by the Cooks. Such Meals are to be provided by the Cooks under their own responsibilities without any responsibilities whatsoever on Mumm’s side.
8.4. In the event there is a dispute between you and any Cook, or if the Meals provided by a Cook are not provided to a satisfactory standard or at all, you agree Mumm is not liable for anything (including but not limited to any loss, damage, personal injury or death) suffered or incurred by you in the course of receiving such Meals from a Cook, and you release and hold harmless Mumm from anything you may suffer or any liability in relation to such dispute.
8.5 INDEPENDENCE OF COOKS AND MUMM
You acknowledge and agree that the relation between the Cooks and Mumm does not entail any association or dependency between them, for which reason Cooks are totally independent and autonomous, so that Mumm is not liable, not even jointly and severally, for the obligations undertaken by Cooks Vis-à-vis Users and, especially, the food provided and /or the staff hired by Cooks.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Neither party shall gain, by virtue of these terms, any rights owned by the other party. Nothing in these terms shall be interpreted as an ownership transfer by either party’s intellectual property rights, expressed or implied, to the other party and which shall remain the sole property of the owner.
9.2. Mumm owns all the intellectual property rights relating to the App, User Services and Platform, its website (including source code, domain name and software), trade name, trademarks, logo, slogan, know-how, art-work, designs and confidential information.
9.3. You own all the intellectual Property Rights of all information, user content and\or submission inserted by you on the app and\or your account.
9.4. We grant you a non-exclusive, non-transferrable and revocable license to access and use our app, platform and User Services solely for your own use.
9.5. You grants us a non-exclusive, irrevocable, royalty free and transferable license to use, modify, remove, incorporate, transmit, display, publish, post your user content and submission inserted by you on the app and\or your account in order to (1) protect our app from breach or abuse; (2) in the event we shall make a survey or advertising and publicity; (3) to improve our app and User Services.
9.6. You are expressly prohibited from:
9.6.1. Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
9.6.2. Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Mumm or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Mumm or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Mumm.
9.7. Provided that Mumm is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, Mumm shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Mumm.
10. FORCE MAJEURE
10.1. Mumm shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Mumm’s reasonable control and includes in particular (without limitation) the following:
10.2.1. strikes, lock-outs or other industrial action;
10.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5. Impossibility of the use of public or private telecommunications networks and/or Cut of electricity ; and
10.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
10.3. Mumm’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Mumm shall have an extension of time for performance for the duration of that period. Mumm will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
11.1. Mumm may suspend or terminate your use of User Services and/or App if:
11.1.1. Any of Mumm’s third party communication network providers cease to make their services available to Mumm for any reason;
11.1.2. Mumm believes or suspects that you don’t comply with these terms.
11.1.3. Mumm believes or suspects that you or someone using your login details has failed to comply with one or more of these Terms;
11.1.4. Mumm believes or suspects there has been fraudulent use, misuse or abuse of User Services;
11.1.5. Mumm believes or suspects you have provided any false, inaccurate or misleading information.
11.2. On termination, your access to the App shall cease and Mumm may delete your Profile and /or profile.
12.1. If Mumm fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such terms.
10.2. A waiver by Mumm of any default shall not constitute a waiver of any subsequent default.
12.2. No waiver by Mumm of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.3. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email or registered mail.
12.4. Mumm reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
12.5. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
12.6. These Terms and any document expressly referred to in them represent the entire agreement between you and Mumm in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and Mumm, whether oral or in writing.
12.7. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Mumm except as expressly set out in these Terms.
12.8. Mumm may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than 7 (seven) day's written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
12.7. These Terms are governed by and construed in accordance with The Law of arab Republic of Egypt. The Egyptian Courts shall have exclusive jurisdiction over any disputes arising out of these Terms.