HOME OVEN: TERMS & CONDITIONS
WELCOME TO HOME OVEN
1. INTRODUCTION
1.1. These Terms & Conditions (the "Terms") set out the terms and conditions in which services are purchased on the website, namely, Home Oven, its related sub-domains, online mobile applications, and sites (hereinafter collectively referred to as the "Platform").
1.2. Home Oven is owned and maintained by HOME OVEN, a company duly incorporated in accordance with the laws of the United Arab Emirates with License Number 1091898 having its registered address at P. O. Box 7717 Dubai, United Arab Emirates (UAE), (hereinafter referred to as the "Home Oven", "we", "our" or "us").
1.3. Home Oven is an online platform that specializes in home-made and special kitchens food catering business and provides a user-friendly platform to connect consumers ("Customers") with a diverse array of home chefs ("Home Kitchens"), offering a seamless and convenient solution for those seeking high-quality, freshly prepared meals (hereinafter referred to as the "Services"). For the purposes of these Terms, the Customers and Home Kitchens shall collectively be referred to as the "Users".
1.4. United Arab Emirates ("UAE") is our country of domicile. Home Oven controls this Platform from the UAE. Home Oven makes no representation that this Platform is appropriate for use in other locations. Except where otherwise specified on this Platform, the Users who choose to access this Platform from locations outside the UAE are responsible for compliance with applicable local laws. You may not use, export, or re-export any materials from this Platform in violation of any applicable laws or regulations, including, but not limited to any UAE laws and regulations.
2. TERMS
2.1. These Terms set out the terms and conditions of use of the Platform for the purpose of the Customers to purchase the Services available on the Platform and Home Kitchens to provide Services on the Platform (the "Terms").
2.2. These Terms will form a legally binding agreement between "you", the User, and Home Oven. In addition to the Terms, you are further bound by the Privacy Policy and any other policy provided on the Platform, which shall form an integral part of these Terms (as provided on this Platform separately). If you do not agree to these Terms, End User Agreement, or the Privacy Policy, immediately refrain from using this Platform.
2.3. By accessing, browsing, using, registering with the Platform, booking, or placing an Order for any of the Home Oven’s Services available on the Platform, you confirm that you have read, fully understood, and agree to be bound by these Terms.
2.4. These Terms are subject to change and/or revision without notice, as per the updated and effective laws and regulations at any given time. Home Oven encourages you to review the Terms regularly for any changes. Your continued use of the Platform shall constitute your express consent and agreement to be bound by the then-current Terms. If you disagree with any of the Terms or any changes to the Terms, you must immediately refrain from using the Platform and delete your Account created on the Platform.
2.5. Please read these Terms carefully before you submit or create an Account on the Platform and initiate using the Services available on the Platform. By creating an Account on the Platform, you are agreeing to be bound by these Terms with immediate effect.
2.6. The Terms are in line with the relevant applicable UAE laws and regulations and are not intended to affect any rights available to you as a consumer under the UAE Laws.
2.7. You are granted a limited, non-exclusive, revocable, and non-transferable license to utilize and access the Platform pursuant to the requirements and restrictions of these Terms as mentioned hereunder.
3. HOME OVEN SERVICES
3.1. Home Oven is an online application accessed via the Platform, focused on connecting Customers and Home Kitchens (individually and collectively referred to as the "Users") seamlessly under one Platform, in order for Customers to be able to avail and Home Kitchens to provide home-made food services on the Platform ("Services").
3.2. The Services shall be provided directly by the Home Kitchens to the Customers. Home Oven is merely a facilitator of the provision of Services and is not to be deemed as a service provider for any of the Services available on the Platform.
3.3. When you order one of the Services through the Platform (the "Order") or accept an Order via our Platform, you are agreeing with yourself and a Customer or a Home Kitchen (whichever is applicable). It is entirely your responsibility to ensure that the requirements of the Customer or Home Kitchen are in line with your expectations and experience. For the avoidance of doubt, we are not a party to any agreement, contractual or otherwise, between a Home Kitchen and a Customer.
4. DELIVERY
4.1. Once the Customer has placed an Order, your items would be delivered to you by the Home Kitchen ("Delivery") or, if enabled by the Home Kitchen, may be picked up at the kitchen’s address ("Pickup").
4.2. Home Oven is not responsible for testing or assessing, and we do not warrant the offerings nor the products of, any of these businesses or individuals or the content of the applications of any delivery partners of these Home Kitchens. We do not interfere in any way in the production of any food produced, we only offer the ability to search for and find local Home Kitchens that deliver or make food available to their addresses and enable ordering food through the Platform.
4.3. Home Oven does not in any way independently verify the credentials, representations or products of Home Kitchens, the ingredients, or the quality of any products, or that a Home Kitchen is in compliance with applicable laws, regulations, and standards pertaining to food preparation, sale and safety.
4.4. Home Oven does not in any way guarantee the quality of any food or that any food complies with applicable laws and does not guarantee matching the menu displayed on the site of what is actually provided.
4.5. Some Home Kitchens may use nuts or other allergens in the preparation of certain items. Please contact the Home Kitchen directly prior to ordering if you have an allergy. We cannot guarantee that any of the items sold by the Home Kitchens are free of allergens.
4.6. In addition, a Home Kitchen may represent that food preparation is in accordance with special standards such as "organic", "macrobiotic", "gluten-free", or "lactose-free", we do not investigate or verify such representations.
4.7. Home Oven does not assume any responsibility or liability for the actions, product, and content of any Home Kitchen. We may share your information related to those transactions with the relevant Home Kitchen. Please ensure you thoroughly review their Privacy Policy and any other conditions applicable.
4.8. Home Oven allows Home Kitchens to list and sell their products on the Platform. While Home Oven helps facilitate transactions that are carried out on the Platform, Home Oven is not the buyer nor the seller of the relevant items.
4.9. Home Oven provides a Platform for Home Kitchens and Customers to buy and sell their products respectively. Accordingly in such cases, the contract formed at the completion of a sale only formed between the buyer and seller. Home Oven is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The Home Kitchen is solely responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
4.10. When you place an Order through Home Oven’s Platform, it needs to be accepted by the local Home Kitchen before it is confirmed. We inform you via the Platform if your Order has been accepted (the "Confirmation Notice").
4.11. The contract for the supply of any item you have ordered comes into existence when the Confirmation Notice is displayed. You are responsible for paying for all items ordered using your Account, and for related delivery charges, and for complying with these Terms, even if you have ordered the item for someone else. Some Partners operate a minimum order value policy. All Items are subject to availability on the relevant menu list of the Home Kitchen displayed on the Platform.
5. CANCELLATION POLICY
5.1. The Customers may cancel an Order without charge at any time before the Home Kitchen has started preparing the food, thus before it becomes a Confirmed Order.
5.2. To cancel an Order prior to receiving the Confirmation Notice, Customer can swipe on the order and select "cancel".
5.3. If a Customer cancels an Order after it has become a Confirmed Order, the User will be charged the full price for the items. Similarly, in case the food items have already been dispatched for delivery by the Home Kitchen, the Customer will also be charged for the delivery as well as the Confirmed Order itself.
5.4. Home Kitchen shall also be entitled to cancel the Orders for legitimate reasons (as set out in their respective Subscriber’s Contract). In case of such cancellation by the Home Kitchen, the Customer shall be notified through the Platform about such Order cancellation accordingly.
5.5. The Customers shall not be charged for any Orders cancelled by the Home Kitchen.
5.6. Home Oven will reimburse the Customer for any payment already made using the same method used for the original payment, or credit may be applied to the Customer's account to reflect the reimbursed amount.
5.7. Please note that by placing an order on the Home Oven’s Platform, you agree to abide by this cancellation policy. If you have any questions or concerns regarding cancellations, please contact Home Oven support for assistance.
6. ACCOUNT REGISTRATION
6.1. To utilize any of the Services available on the Platform, you are required to register yourself on the Platform by creating your personal account secured by a strong password ("Account"). Once you register your Account, you consent to provide us with your Personal Data (as defined under Clause 7.1 below).
6.2. To create an Account, you must be at least eighteen (18) years of age and are required to provide true, accurate, complete, and current information including but not limited to, name, date of birth, email address, and other details as requested during the Account creation. By continuing to use the Platform, you consent and agree that you are: (i) 18 years of age or have reached the age of majority in the jurisdiction in which you reside; and (ii) are permitted to use the Platform under any applicable Law. If you are below 18 years of age, you shall not register as a User of the Platform and shall not transact on or use the Platform, unless, you use the Platform strictly under the supervision of a parent or legal guardian who agrees to be bound by these Terms and you are responsible for ensuring such use to be permitted under UAE Law and any other applicable law.
6.3. By registering yourself on the Platform, you warrant that the details you provide to Home Oven are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g., change of email or postal address, etc.). You can access and update your details using the "My Account" area of the Platform. You authorise us to verify and use any information provided to us during registration and account creation (including any updated information) as well as request of any supporting documentation to verify the submitted details. Home Oven will not be responsible or held liable for any details submitted by you on this Platform (hereinafter referred to as the "User-Generated Content").
6.4. You are responsible for maintaining the confidentiality of your Account username and password and for preventing unauthorised access by third parties to your profile. You agree to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the username and password are kept confidential and secure. Please inform Home Oven immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be used in an unauthorised manner. Home Oven will never request your Account username or password through electronic messages. Home Oven will not be liable for any loss or damage which may arise as a result of any failure by you in protecting your password or Account.
6.5. The Customers will not be charged by Home Oven for registering an Account. However, the Home Kitchens will be required to make a payment for their subscription to the Platform in accordance with their subscriber’s contract executed between the Home Oven and the Home Kitchen separately ("Subscriber’s Contract").
6.6. Home Oven reserves the right to refuse access to the Platform, terminate Accounts, remove or edit User-Generated Content, or cancel subscriptions at our sole discretion. If Home Oven cancels any subscription, it will be without any charge to you.
7. PRIVACY
8. DATA PROTECTION
8.1. The Home Oven will determine the purpose and means of processing your Personal Data in accordance with the applicable laws and as set out in Home Oven’s Privacy Policy (as mentioned in Clause 7.2 above).
8.2. Home Oven shall only collect and process your Personal Data upon provision of your explicit consent, by understanding, accepting, and agreeing to the Privacy Policy and any other ancillary policy pertaining to the protection of your Personal Data. In case you do not agree to the Privacy Policy, you must immediately refrain from using the Platform as Home Oven may not be able to collect/ process your Personal Data required for the purpose of provisioning food services offered by us and may limit the functionality and availability of certain features of our services on the Platform.
8.3. All your Personal Data shall be collected and processed in accordance with the applicable laws and such Personal Data shall be held in strict confidence and used only for specific lawful purposes for which it is required.
8.4. Upon your explicit consent to our Privacy Policy, Home Oven may also, from time to time, transfer and/or forward such Personal Data to third parties outside the UAE for storage and processing of the Personal Data for administrative purposes, as may be necessary from time to time.
8.5. You have the right to request access to the Personal Data we hold about you and to request the correction of inaccurate or incomplete Personal Data. You also have the right to request the deletion of your Personal Data under any circumstances or request the restriction of processing of your Personal Data (as set out in detail in the Privacy Policy).
8.6. In case of any questions or concerns pertaining to your Personal Data, you may contact us at the details mentioned under Clause 30 below.
9. YOUR USE OF THE PLATFORM
9.1. The Platform provides information and material about Home Oven, including the Services we provide, our operations and our contact information. The Platform and the content available are only created for informational purposes. This Platform does not provide legal or business advice. It does not provide any kind of advice and you should not depend on it for advice. You act at your own risk in relation to the contents of the Platform. Home Oven takes no responsibility for any information provided by our employees, directors, or affiliates. Any action taken by you is fully your decision, and you absolve Home Oven of any liability for any outcome that may occur due to your actions on inactions or decisions you take in reliance to the Platform or material therein.
9.2. You have consented and agreed that all transactions and data on this Platform will be saved, which includes all transactions transacted and traded through the Platform, third-party websites, payment gateways, and any cloud platforms in any jurisdictions whatsoever.
9.3. You may only use the Platform for lawful purposes, and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
9.4. You may use the Platform for personal use only, unless otherwise specifically authorised by Home Oven to do so in writing. The User creating the Account is the sole authorized user of the Account, any use of the Account by a third party shall constitute an unauthorized use of the Account which Home Oven shall not be responsible or held liable for.
9.5. This Platform may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind, unless you are a duly subscribed Home Kitchen registered on the Platform as per these Terms and Subscriber’s Contract. Home Oven will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and barring such violators from use of the Platform.
9.6. You shall not duplicate, download, publish, modify, or otherwise distribute the material on this Platform for any purpose whatsoever. Unless it is required by the applicable laws or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for your personal use only and may not "scrape" the Platform through automated means, i.e., extract large amounts of information from the Platform or "frame" any part of the Platform, i.e., transmit digital data from the Platform, and you may not interfere or attempt to disrupt the Platform in any way whatsoever.
9.7. You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining", i.e., recovering passwords stored on the Platform or any other illegitimate means.
9.8. We reserve the right to restrict or terminate your access to, or use of, the Platform, or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law. You agree that monetary damages may not provide a sufficient remedy to Home Oven for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Home Oven may release user information about you if required by law or subpoena.
10. CONTENT AVAILABLE ON PLATFORM
10.1. We and our partners/service provider, including the Home Kitchens, may make available various information, descriptions, reviews, and other information, data, content, and materials regarding food items on the Platform ("Content"). The Content is for informational purposes only and may contain errors, inaccuracies, or omissions that may relate to the Services provided on the Platform. Before you act in reliance on any such Content, you should confirm any facts that are important to your decision with Us or our service provider or Home Kitchen (if applicable). We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Content. If you find an error or notice incorrect information on the Platform, please let us know by contacting us at support@homeoven.net or +971 50 578 7443.
10.2. You are only allowed to access and use the Platform and its Content for your personal purposes, and you must not, in addition to the prohibitions as set forth above:
10.2.1. Utilize the Platform or Content for any unlawful purpose;
10.2.2. Utilize the Platform or Content to solicit others to perform or participate in any unlawful acts;
10.2.3. Utilize the Platform or Content to violate any international, federal, or local laws and regulations;
10.2.4. Copy, utilize, circulate, change, assign, distribute or in any manner use the Content, except as otherwise expressly allowed in these Terms;
10.2.5. Use any device or software that interfere with the Platform;
10.2.6. Sell, circulate, recreate or in any way use the Content for any commercial purposes;
10.2.7. Access information not intended for you by attempting to gain unauthorized access;
10.2.8. Utilize the Platform or Content to circulate, distribute, or sell in a manner that will violate the copyright or other intellectual property laws or infringe upon the privacy or rights of Home Oven or others;
10.2.9. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
10.2.10. Submit false or misleading information, use the Content to use an identity that is fictious or misrepresent a connection with Home Oven or another person;
10.2.11. Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform;
10.2.12. Collect or track the personal information of others; and
10.2.13. Interfere with or circumvent the security features of the Platform or in any manner attempt to interfere with the working of the Platform.
11. USER WARRANTIES
You, as the User, warrant that:
11.1. You have the authority and capacity to use the Platform and to enter into all of the agreements to continue with the Platform services;
11.2. All information and documentation provided by you is true and correct; and
11.3. You are responsible for paying Home Oven consideration for the Services.
12. PAYMENT OF SERVICES
12.1. Customers shall not be charged for creating an Account or accessing/browsing the Platform. Customers shall only be responsible for making a payment for any Service(s) booked through the Platform (including any tax on the purchase price if any), unless Home Oven at its sole discretion decides to charge a fee for the use of the Platform in which case we shall provide you with at least Fifteen (15) days’ notice specifying the charges applicable to the Customers prior to the fee being effective.
12.2. Any Platform transactions shall be handled by Home Oven along with an independent payment provider to be chosen by Home Oven on the pricing as determined by Home Oven. Home Oven shall not trade or conduct the sale and purchase of the Services booked by the Customers in any manner whatsoever. Home Oven shall act solely as a transitory of the Services being ordered on the Platform to be passed to the Home Kitchen.
12.3. No online payment shall be made directly from the Customer to the Home Kitchen outside the Platform. All payments shall be made on the Platform only via the available payment methods. Any violations related to the payment of Services shall be subject to Clause 11 (Non-Compliance) or any other penalties to be decided at our sole discretion.
13. NON-COMPLIANCE
13.1. In the event that a User does not comply with their respective obligations or any of the Terms contained herein and policies of the Platform, the following shall apply. We may:
13.1.1. issue you with a warning;
13.1.2. suspend your Account so you will not be able to access the Services during the suspension term;
13.1.3. permanently block your access to the Platform;
13.1.4. immediately terminate these Terms and delete your Account;
13.1.5. report any offences committed to the appropriate authority.
13.2. The application of these sanctions is entirely at our discretion and we can choose whether to apply any one or all of them at any time.
14. USER CONDUCT AND USER GENERATED CONTENT
14.1. The Platform may at times provide opportunities for Users to submit comments, reviews, suggestions, questions, or other information (the "User-Generated Content") on or through the Platform. You warrant that any such User-Generated Content submitted by you to the Platform is original (and does not infringe the intellectual property rights of others).
14.2. You hereby grant Home Oven a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User-Generated Content submitted for any purpose without restriction including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium or technology throughout the world, without any further recourse to you.
14.3. You waive any moral rights in such User-Generated Content and agree that you will not submit any content on the Platform that is contrary to public policy, morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to any applicable laws. We have the right to monitor and edit or remove any activity or User-Generated Content at our sole discretion, and assume no responsibility or liability for any User-Generated Content posted by you or any third party.
15. CHANGE OF PLATFORM AND CESSATION OF OPERATIONS
15.1. We reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the services provided through the Platform at any time without prior notice to you.
15.2. The Platform may contain links to other websites as a convenience to you. Any use of third-party websites will be at your own risk, and it is your sole responsibility to review the terms, privacy policies, and other policies for said websites.
16. INTELLECTUAL PROPERTY
16.1. Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by us and are protected by the applicable laws.
16.2. We, together with our Home Kitchens, expressly reserve all intellectual property rights in all programs, products, product names, service names, logotype set apart in form, text, or otherwise from surrounding text (i.e., all capital letters) processes, technology, content (that is graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, images, advertisements, layout), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform ("Intellectual Property Rights"). Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s Intellectual Property Rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for identifying the Services as belonging to Home Oven or its service providers is prohibited without our express written permission.
17. DISCLAIMER OF WARRANTY
17.1. The Platform is provided on an "as is" and "as available" basis. Home Oven, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, employees, and service providers expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights. Home Oven makes no representations or warranties of any kind, express or implied, as to the operation of the Platform, the Services, Content or the information included on this Platform.
18. COMPLIANCE WITH TAX OBLIGATIONS & REGULATIONS
18.1. You are solely responsible to determine what, if any, taxes are applicable to your transactions on this Platform in your particular jurisdictions. Home Oven and the Platform are not responsible for determining the taxes that apply to the transactions on this Platform in your jurisdiction.
18.2. Home Oven operates under Civil Law and UAE jurisdiction and therefore is compliant to the UAE Law. However, you are solely responsible to determine what, if any regulations, apply to your transactions in your particular jurisdictions. Home Oven and the Platform are not responsible for determining the laws that apply to the transactions on this Platform.
19. LIMITATION OF LIABILITY
19.1.1. shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss of any kind arising out of, or related in any way to your use or inability to use the Platform and its content, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether or not Home Oven is advised of the possibility of such damages;
19.1.2. exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform; and
19.1.3. In no event will Home Oven be liable for any damages in excess of the amount paid by you towards the subscription price/ charges of any Service (which where applicable shall be refunded by Home Oven) in respect to which the claim arose. You hereby release us from any and all obligations, liabilities, and claims in excess of this limitation.
20. DISCLAIMER OF LIABILITY FOR ALLERGIC REACTIONS
20.1. The Home Oven expressly disclaims any liability for allergic reactions or adverse health effects caused by the consumption of food items prepared and delivered by the Home Kitchen through the Platform.
20.2. Further, Home Oven is not responsible for verifying or guaranteeing the absence of allergens in food items prepared by Home Kitchens.
21. INDEMNITY
21.1. You agree to hold harmless and indemnify Home Oven, its parents, subsidiaries, service providers, affiliates, and their respective suppliers (including, without limitation, authorised suppliers), and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of:
14.1.1 your breach of any part of these Terms;
14.1.2 your violation of any applicable law, the rights of a third party, or your use of the Platform;
14.1.3 any allegation that any content/information you submit to us or transmit to the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party.
22. ENTIRE UNDERSTANDING
22.1. These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) supersedes all prior terms, agreements, communications, oral or written and constitutes the entire understanding and agreement between you and Home Oven with respect to the use of the Platform.
23. TERMINATION
23.1. If we believe that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Home Oven, we may terminate or suspend your access to all or part of the Platform, or exercise any other remedy available and remove any unauthorized user information, without court order and without prior notice. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations as per Clause 10, 11 and 12, 13 & 14 which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights.
23.2. Home Oven reserves the right, at its sole discretion, to control, limit, terminate, suspend or conclude your access to any part of the Platform at any point in time without reason, previous notice or liability. Home Oven may change, suspend or shut down any part of the Platform at any time without prior notice or liability to you or anyone else. Home Oven has the absolute right to disable User’s Account or put it on hold/review if the User is not complying with the rules. Regardless of such termination or suspension, you will continue to be subject to these Terms as mentioned herein.
24. GOVERNING LAW AND DISPUTE RESOLUTION
24.1. The Terms shall be governed and construed in accordance with the Laws and Regulations of the United Arab Emirates.
24.2. If you have a dispute or concern with Home Oven, please contact us at support@homeoven.net. We shall endeavour to resolve all disputes or differences in relation to these Terms informally and amicably. Any dispute regarding these Terms which have not been resolved amicably shall be subject to the exclusive jurisdiction of the Dubai International Financial Centre Small Claims Tribunal ("DIFC SCT"), and the DIFC Courts in case the claim exceeds the DIFC SCT’s maximum claim threshold.
25. GENERAL TERMS
25.1. Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable at any point, the invalid, illegal or unenforceable provisions will be severed, and the remaining provisions and obligations shall remain valid and enforceable.
25.2. No Waiver: Any failure by us to enforce and exercise any right, power or privilege under these Terms or other policies will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
25.3. Assignment and third-party rights: You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
25.4. Amendments: Any subsequent changes, additions or otherwise modifications of any of these Terms or Privacy Policy or other policies shall be made at any time without prior notice to you.
25.5. Relationship: None of the provisions in these Terms shall be construed to constitute any User to be the agent, partner, distributor, legal representative, or employee of Home Oven for any purpose whatsoever and vice versa. Neither User nor Home Oven shall have the power or authority to bind the other except as specifically set out in these Terms.
26. COOKIES
26.1. Home Oven may use cookies, or other technologies, on its Platform. Cookies are small files or records that Home Oven may place on your browser for collecting information about your activities on the Platform, preparing reports, assessing trends, and otherwise monitoring the way in which the Platform is being used ("Cookies"). This is intended to enhance convenience for you, customize your visit to the Platform, and to assist Home Oven to run an efficient operation. Cookies can be created automatically on the device you use to access the Platform but do not contain personal information and do not compromise your privacy or security. By accepting these Terms, you confirm your consent to Home Oven’s use of Cookies, and other such technologies, for these purposes. If you have expressly contacted us, are browsing the Platform and/or expressed an interest in the Services, you have consented and agreed to this information being collected and stored. If you do not consent, it is your responsibility to disable or restrict the placement of cookies by configuring your browser settings which may affect your ability to use the Platform or to immediately refrain from using the Platform. For more information on Cookies please read our Privacy Policy.
27. ELECTRONIC COMMUNICATIONS
27.1. To fulfil our obligations to you under these Terms, we may wish to communicate with you by email, other electronic messaging and/or by posting notices on the Platform. We will use the email or phone number provided by you in your account for such communications. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications, which need to be in writing. If you submit someone else’s contact details to us to receive communications from Home Oven, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Home Oven. If you wish to stop receiving promotional emails or promotional text messages, you may opt-out or unsubscribe by using your account settings.
28. TERMS APPLICABLE TO SPECIAL HOME OVEN SERVICES
28.1. Home Oven iOS App: In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Home Oven App compatible with the iOS operating system of Apple Inc. ("Apple").
28.1.1. Apple is not a party to these Terms and does not own and is not responsible for any technology, software or content on the Home Oven App. Apple is not providing any warranty for the iOS Home Oven App except, if applicable, to refund the subscription price for it at its discretion. Apple is not responsible for maintenance or other support services for the iOS Home Oven App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Home Oven App, including any third-party liability claims, claims that the iOS Home Oven App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS Home Oven App, including those pertaining to intellectual property rights, must be directed to Home Oven.
28.1.2. The right you have been granted in these Terms is limited to a non-transferable licence to use the Home Oven App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the "Usage Rules" set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Home Oven App, such as your wireless data service agreement.
28.2. Home Oven Android App: Home Oven, and not Google Inc. ("Google"), is solely responsible for the Android Home Oven App. Google has no obligation to provide maintenance and support for the Android Home Oven App, as per the following provisions:
28.2.1. Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the Android Home Oven App, or your possession and/or use of the Android Home Oven App, including but not limited to: (a) product liability; (b) any failure of the Android Home Oven App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.
28.2.2. You as a user of the Android Home Oven App represent and warrant that: (a) the Android Home Oven App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties.
28.2.3. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Android Home Oven App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Android Home Oven App to conform to any warranty. Google shall not be required to provide a refund to you under any circumstances.
29. NOTICE
29.1. Any notice, approval, consent, waiver or other communication sent by you to Home Oven in regards these Terms shall be in writing and shall be sufficiently given if delivered personally, transmitted by fax, sent by registered mail, return receipt requested, or by e-mail (provided that you received electronic confirmation of receipt by recipient) or other form of recorded written communication tested prior to transaction, to Home Oven as follows:
Address: P. O. Box 7717 Dubai, U.A.E.
E-mail: support@homeoven.net
30.1. The Platform is operated by Home Oven, if you have any concerns about your Personal Data on the Platform, opinions, comments, feedback, messages, or contact relating to the Platform, please contact us at support@homeoven.net with a thorough description, and we will try to address/resolve it.
31. AVAILABILITY AND HOURS OF OPERATION
31.1. The Platform is available 24 hours, 7 days a week to the User. If you would like to contact Home Oven or the Platform’s administrators, our hours of operation are Monday to Friday, 9 am to 5 pm.
32. LAST AMENDMENT
32.1. These Terms were last amended on 11th April 2024.