Terms of Service Acceptance
In acknowledgment of your interaction with Mimi's Kitchen, Inc., herein referred to as "Mimi's," you are hereby advised of your rights and obligations pursuant to these Terms of Service (hereinafter "Terms"). These Terms govern the use of Mimi's website (https://www.Mimiskitchens.com), mobile applications, and any future affiliated features or services (collectively "Mimi's"). These Terms are universally applicable to all individuals engaging with Mimi's, inclusive of, but not limited to, customers and home-cooks managing their business listings. It is imperative that you peruse these Terms meticulously. Engagement with Mimi's, whether through explicit acceptance by clicking "accept" when prompted or through implicit acceptance by utilizing the platform, constitutes your legal agreement with Mimi's Kitchen Inc. and your assent to these Terms. Should you dissent from these Terms, you are prohibited from using Mimi's.
Definitions
- Customer (You/Your): Refers to any individual who utilizes Mimi's platform, including those browsing for home-cooks, leaving reviews, managing business listings, or uploading any form of information. This term broadly encompasses any interaction with the platform.
- Content: Encompasses all information displayed on Mimi's, including but not limited to reviews, pictures, videos, location data, and any other user-uploaded or Mimi's-uploaded material.
- Your Content (Customer Content): Specifically denotes the material you contribute to Mimi's, such as reviews, ratings, pictures, profile information, or any publicly shared content.
- Mimi's Content: Constitutes content created by Mimi's itself, including website design, graphics, code, and any reports or data derived from user activity.
- Third-Party Content: Pertains to information originating from sources external to Mimi's or its users, such as content from Google.
- Sellers ("Home-cooks" or "Home-chefs" or "chefs" or "cooks"): Refers to users who list, prepare, and sell meals and are classified as independent contractors, not employees or agents of Mimi's.
Amendments to Terms
Mimi's reserves the unilateral right to modify, amend, or update these Terms at its discretion. It is incumbent upon you to periodically review these Terms and ensure compliance. Continued use of Mimi's platform subsequent to any amendments signifies your acceptance of the revised Terms and your agreement to be bound thereby.
Mobile Services
The service offerings may include functionalities accessible via mobile devices, such as content uploading, browsing, and application usage. Standard mobile carrier charges may apply. Certain mobile services may be restricted by your carrier or device. You are responsible for updating your contact information upon any changes to your mobile phone number and complying with your mobile device platform or service provider's usage rules.
Platform Operations
Mimi's operates a technological platform serving as an online marketplace ("Service"), facilitating connections between:
- Home-cooks: Individuals listing, offering, selling, and delivering food items and meal orders ("Meals").
- Customers: Individuals browsing and purchasing such meals.
Role of Mimi's
- Facilitation Not Participation: Mimi's facilitates interactions between customers and sellers but does not partake in sales transactions.
- Dispute Resolution: Mimi's may assist in resolving disputes between customers and sellers but does not assume responsibility for the outcome.
- No Guarantees: Mimi's does not guarantee the existence, quality, safety, authenticity, or legality of meals, the truthfulness or accuracy of seller content or listings, the seller's ability to fulfill orders, the customer's ability to complete payments, or the completion of transactions, deliveries, or returns.
Customer Account
- Account Creation: You must create an account to access certain features of the services. Use of personal information provided during account creation is governed by our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your account, including all changes and updates submitted and activities occurring therein.
- Third-Party Login: You may register by logging into your account with credentials from certain third-party social networking sites (e.g., Facebook). You confirm ownership and entitlement to disclose your social media login information and authorize Mimi's to collect applicable authentication information.
- Account Information: You represent that all information provided during account creation is true, accurate, and correct, and you will update it as necessary. False claiming of business listings may result in significant economic damages and losses for which you may be liable.
- Account Security: You are responsible for all activities in your account and must notify Mimi's immediately of any unauthorized use to enable corrective action. You are prohibited from allowing third-party use of your Mimi's account.
Seller Responsibilities
- Independent Contractors: Sellers are independent contractors and responsible for compliance with all applicable laws regarding food preparation, sale, marketing, packaging, handling, and delivery.
- Quality and Liability: Sellers are liable for the quality, safety, and freshness of their products. Mimi's does not verify seller credentials or offerings and holds no liability for any issues arising from meals provided by sellers.
Delivery Services
- Third-Party Couriers: Mimi's may collaborate with independent third-party contractors ("Couriers") for delivery services, but is not responsible for their actions or inactions.
- Customer/Seller Choice: The decision to utilize a Courier for delivery is at the discretion of the Customer or Seller.
- Mimi's Disclaimer: Mimi's disclaims liability for any delivery services provided or misrepresentations by Couriers, who are independently responsible for compliance with applicable laws and regulations.
User Access and Conduct
Eligibility and Registration:
- Access to certain functionalities and features of the Mimi's Service may be contingent upon user registration.
- Upon the act of registration, users affirm and agree to provide information that is accurate, current, and truthful.
- The registration data provided by users shall be subject to the stipulations outlined in Mimi's Privacy Policy.
- The Service is exclusively available to individuals possessing the legal capacity to form binding contractual agreements (typically adults).
- Individuals who are minors or whose accounts have been suspended are expressly prohibited from accessing or using the Service.
Account Security and Responsibility:
- Users bear sole responsibility for the confidentiality and security of their passwords and accounts.
- Users assume full liability for all activities that occur under their account credentials.
- Users agree to:
- Promptly notify Mimi's of any unauthorized use of their account or any breach of security.
- Log out of their accounts at the conclusion of each session.
- Mimi's shall not be held liable for any losses or damages arising from a user's failure to adhere to these security measures.
Service Modifications and Discontinuation:
- Mimi's retains the absolute right to modify or discontinue the Service, in whole or in part, at any time, with or without prior notice.
- Users acknowledge and agree that Mimi's shall not be liable for any modifications or discontinuations of the Service.
User Content and Data Storage:
- Mimi's may establish general practices and limitations concerning the storage of data and content.
- Mimi's does not bear any obligation to store user data or content.
- Mimi's reserves the right to terminate accounts that remain inactive for extended periods.
- Mimi's retains the right to modify these data storage practices at any time.
User Consent to Communications:
- By registering for and utilizing the Service (including Mobile Services), users consent to being contacted by Mimi's for purposes including, but not limited to, marketing and transactional communications (via phone, text, email, etc.).
- Users may opt-out of marketing communications; however, transactional communications may still be conducted.
- Users may opt-out of receiving text messages by replying with "STOP" and can manage notification settings within their accounts.
Compliance with Laws and Regulations:
- Users hereby warrant and represent that they are in full compliance with all applicable laws and regulations of their country of residence when accessing and using the Services.
- Users agree to utilize the Services solely in accordance with these Terms of Service, all applicable laws and regulations, and in a manner that does not infringe upon the intellectual property rights or other legal rights of Mimi's or any third party.
User Responsibility for Content:
- Users bear sole responsibility for all content they upload, post, publish, display, email, or otherwise transmit through the Service ("Content").
- Users are also solely responsible for their methods of accessing and utilizing the Service. Enforcement and Violation:
- Mimi's reserves the right to investigate and take legal action against any individual who violates these provisions.
- Such actions may include, but are not limited to, the removal of offensive content, the suspension or termination of accounts, and reporting violators to law enforcement authorities. Prohibited Content and Conduct: Users agree to refrain from utilizing the Service for any of the following purposes: a) Illegal or Harmful Content: Uploading or transmitting content that is:
- Unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, or otherwise objectionable.
- Protected by intellectual property rights without proper authorization.
- A privacy or security risk to any individual.
- Unsolicited advertising, promotional materials, commercial activities, spam, contests, sweepstakes, or other forms of solicitation.
- Software viruses or malicious code designed to disrupt functionality.
- In Mimi's sole judgment, objectionable or restricts others from using the Service. b) Impersonation: Impersonating any person or entity or misrepresenting one's affiliation. c) Soliciting Minors: Soliciting personal information from individuals under the age of 18. d) Data Harvesting: Harvesting or collecting email addresses or other contact information from users for unsolicited communications. e) Unauthorized Sales: Advertising or offering to sell or buy goods or services other than Meals intended for the Service. f) Circumventing Fees: Using the Service to request, make, or accept Meals outside the platform to avoid service fees. g) Service Disruption: Interfering with or disrupting the Service, servers, or networks connected to the Service. h) Illegal Activity: Violating any applicable laws or regulations. i) Anti-Spam Violations: Engaging in activities that violate anti-spam, data protection, or privacy laws. j) Promoting Criminal Activity: Furthering or promoting criminal activity or providing instructions on illegal activities. k) Unauthorized Access: Attempting to access unauthorized materials or information through the Service.
Safety Protocols
All Sellers do not go through a careful review process but Sellers are responsible and are required to obtain the local accredited food handlers certification as required by the law prior to cooking their first dish on the platform.
- Every home-cook is required to wear a hair restraint while preparing and cooking food.
- Everyhome- cook is required to list any common major allergens in their menus.
- Every home-cook is required to place their prepared foods in bag.
Ingredients and Allergens
- Seller Responsibility: Sellers must provide a comprehensive list of ingredients used in their Meals, including known allergens.
- Mimi's Disclaimer: Mimi's does not assume responsibility for the accuracy of ingredient information or allergen labeling.
- Customer Risk: Customers are advised that Meals may be prepared in shared facilities and that potential cross-contamination exists, even for allergens not explicitly listed.
- Disclaimer of Liability: Mimi's shall not be held liable for any allergies, health problems, or damages resulting from the consumption of Meals purchased through the Service.
Seller Insurance
- Mimi's Insurance: Mimi's does not provide insurance coverage for Sellers or Customers.
- Seller Recommendation: Mimi's advises Sellers to obtain insurance for their food facilities and operations.
Seller Status
- Seller Classification: Sellers operate as independent business owners and independent contractors, not as employees of Mimi's.
- Seller Responsibilities: Sellers are responsible for:
- Determining methods for creating and selling goods.
- Maintaining their independent business status.
- Understanding that the Terms of Service do not create an employment relationship.
- Not representing themselves as Mimi's employees.
- Not being entitled to employee benefits or worker's compensation.
- Maintaining independent interactions with Customers.
Age Verification and Alcohol Sales (if applicable)
- Seller Responsibility: Sellers in jurisdictions permitting alcohol sales must hold valid liquor licenses and verify customer age and identification.
- Delivery Requirements: Alcohol deliveries require valid ID proof of age and a signed acknowledgment upon delivery.
- Refusal to Serve: Sellers may refuse to deliver alcohol if they cannot verify age, suspect intoxication, or deem the situation unsafe.
- Contactless Delivery Restriction: Alcohol deliveries cannot be contactless; someone 21 or older must be present to accept the order.
- Order Cancellation and Payment: If a Seller is unable to deliver due to age verification issues, Mimi's may still charge the customer for the order.
Suspension for Fraudulent Activity
- Mimi's Right to Suspend: Mimi's may suspend user accounts suspected of fraudulent or unlawful activity.
Seller-Specific Representations and Warranties
In addition to the General User Representations and Warranties, Sellers further represent and warrant that:
- They operate as an authorized business entity when selling through Mimi's Marketplace.
- They maintain an independent business and have separate customers.
- They possess the unrestricted legal right to earn income in their jurisdiction.
- They hold and will maintain all necessary licenses or permits to prepare, package, handle, and sell food items.
- Their operations, facilities, and equipment comply with all applicable laws and regulations.
- They (and any employed individuals) will follow safe practices for handling, preparing, and packaging food.
- They possess and will maintain all necessary insurance.
- All food sold is free from adulteration or misbranding under relevant laws.
- They hold and will maintain food protection manager certification or equivalent.
- They will use their real name or business name and a current photo on their profile.
- They will fulfill their commitments to Customers and provide high-quality food.
- They will prepare, package, and deliver food safely and in compliance with laws.
- They will disclose all ingredients in each food item, including major allergens.
- Mimi's may obtain information about their criminal background.
- They will pay all applicable taxes.
- They will not market meals in a false or misleading manner.
- They agree to comply with Mimi's community guidelines.
- They will not cook while sick and will comply with COVID guidelines or requirements.
Customer Review Guidelines
- Mimi's Discretion: Mimi's retains the absolute right to accept, reject, or remove reviews and associated content at its sole discretion.
- Review Content: Reviews must:
- Be based on firsthand experience.
- Avoid offensive language, profanity, hate speech, or discriminatory comments.
- Not be posted by competitors with malicious intent.
- Be objective and avoid legal conclusions.
- Be factual and not part of a coordinated campaign.
- Disclaimer of Endorsement: Reviews do not represent Mimi's views, and Mimi's assumes no liability for them.
Marketplace Risk
- Mimi's Disclaimer: Mimi's is not affiliated with Sellers and is not a party to transactions between Customers and Sellers.
- User Assumption of Risk: Users assume all risks associated with interactions with other users on the platform.
- Recommendations for User Evaluation: Mimi's encourages users to use available functionalities (profiles, reviews) to evaluate potential partners.
General User Representations and Warranties
Each User represents and warrants that:
- They have reached the age of majority in their jurisdiction and possess the legal capacity to enter into binding contracts.
- They have the full right, power, and authority to enter into this Agreement and comply with its terms and conditions.
- They have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy.
- They will respect the privacy (including data protection) of other Users.
- They will fulfill their commitments to other Users, communicate clearly and respectfully, and deliver or receive Meals at the agreed-upon time.
- They will act professionally and responsibly in all interactions with other Users.
- They will utilize their real name or business name on their profile.
- They will comply with all applicable laws and regulations and act in good faith when using the Mimi's Marketplace.
- They do not have undisclosed motivations, statuses, or interests that Mimi's should reasonably be aware of.
Fees and Transactions
Fees:
- Registration or App download is free.
- Mimi's does not charge any Service Fee.
Taxes and Seller's Responsibility:
- Meals may be subject to applicable taxes.
- Sellers are responsible for paying taxes related to their sales through the Service.
- Taxes are included in the listed price for Meals.
Packaging:
- Sellers are responsible for packaging as per applicable laws.
Payments and Subscriptions:
- Customers may pay using approved payment methods.
- Sellers will provide bank account details for payments.
- Submitting payment information authorizes Mimi's to store and charge the payment method.
- Customers must update their account information with changes.
- Recurring or subscription purchases authorize Mimi's to bill the payment instrument in advance.
- Customers agree to pay charges and notify Mimi's of disputes within fourteen (14) days. Fee Modifications:
- Mimi's reserves the right to modify or discontinue fees. Changes are effective upon posting a revised Fee Policy.
Promotions and Credits:
- Mimi's may offer Promotions, subject to specific terms.
- Promotions are personal and cannot be shared or redeemed by others.
- Sellers may offer Promotions and are responsible for any redemption costs. Media Release
Grant of Rights:
It is acknowledged that Mimi's may employ photographs, video recordings, voice recordings, and/or biographical information pertaining to you, your culinary creations, and/or culinary methodologies for advertising and marketing endeavors. Such material may either be furnished by you or captured by individuals in the employ of Mimi's.
Irrevocable License:
You hereby confer upon Mimi's, its affiliates, successors, licensees, and their respective advertising and promotion agencies, along with their employees, officers, directors, and agents (collectively referred to as "Authorized Persons"), an irrevocable, worldwide, royalty-free, fully paid-up license to utilize the following attributes pertaining to you:
- Name
- Image
- Likeness
- Voice
- Professional and personal biographical details
- Other personal traits
- Materials generated by or for Mimi's incorporating any of the aforementioned attributes ("Materials")
Usage Rights:
Authorized Persons are bestowed with the right to employ the Materials across any medium or format on any platform for the advertising, public relations, publicity, and promotion of Mimi's and its affiliates, inclusive of their enterprises, products, and services. This utilization occurs without necessitating further consent from or compensation to you (collectively referred to as "Publicity Rights").
Ownership of Intellectual Property:
Mimi's assumes exclusive ownership of all intellectual property rights, encompassing copyright, in the Materials. Consequently, you hereby irrevocably transfer and assign your entire right, title, and interest in and to the Materials, as well as all copyrights and other intellectual property rights therein, to Mimi's.
Waiver of Review and Approval:
It is acknowledged and agreed that you possess no entitlement to review or approve Materials prior to their utilization by Mimi's, and Mimi's bears no liability to you for any modifications or adjustments made to the Materials.
Waiver of Claims: To the fullest extent permissible by law, you hereby irrevocably waive all legal and equitable rights pertaining to any liabilities, claims, demands, actions, suits, damages, and expenses stemming directly or indirectly from the Authorized Persons' exercise of their Publicity Rights pursuant to this Agreement, or the creation, exploitation, advertising, promotion, or other utilization of the Materials. This waiver encompasses claims arising from negligence by Mimi's or any other individual. Furthermore, you covenant not to initiate or pursue any such claim against any Authorized Persons, and forever discharge and release the Authorized Persons from liability under such claims.
Advertising
Revenue Generation Through Advertising:
Certain aspects of the Services derive support from advertising revenue and may exhibit advertisements and promotional content. These advertisements may be tailored to the substance of information stored on the Services, inquiries made through the Services, or other relevant information. The method, manner, and scope of advertising conducted by Mimi's on the Services are subject to alteration without specific notification to you. In exchange for Mimi's granting you access to and utilization of the Services, you consent to Mimi's placement of such advertising on the Services.
Third-Party Advertising and Promotional Material:
Segments of the platform may feature advertising content, promotional material, or other submissions furnished to Mimi's by third parties or customers. The obligation to ensure compliance with applicable international and national laws regarding material submitted for inclusion on the Mimi's Platform or mobile applications rests solely with the party providing such information or material. Any correspondence or commercial transactions with, or participation in promotions offered by, advertisers other than Mimi's found on or through the Mimi's Platform and/or mobile applications—including the payment and delivery of related goods or services, and any associated terms, conditions, warranties, or representations—shall be exclusively between you and said advertiser. Mimi's shall not bear responsibility or liability for any errors, omissions, inaccuracies in advertising material, or any losses or damages of any nature incurred as a result of such transactions or the presence of such other advertisers on the Mimi's Platform and mobile application.
Charitable Campaign Information:
In relation to any information pertaining to a charitable campaign ("Charitable Campaign") disseminated to customers and/or displayed on the Mimi's Platform, where customers have the option to donate funds via (a) payment on a third-party website; or (b) depositing funds into a third-party bank account, Mimi's assumes no involvement whatsoever in the collection or utilization of funds garnered through the Charitable Campaign. Mimi's disclaims any responsibility or liability for the accuracy, completeness, legality, or reliability of any information regarding the Charitable Campaign. Information pertaining to the Charitable Campaign is presented for informational purposes exclusively, and customers are advised to independently verify such information before taking any action in this regard.
User Content
Ownership and Representations:
Concerning the content or other materials you upload through the Service or share with other users or recipients (collectively referred to as "User Content"), you affirm and warrant that you possess all lawful entitlements, titles, and interests in and to such User Content, including, but not limited to, all copyrights and rights of publicity embodied therein.
License Grant:
By uploading any User Content, you hereby confer and shall confer upon Mimi's and its affiliated entities a non-exclusive, worldwide, royalty-free, fully paid-up, transferrable, sublicensable, perpetual, irrevocable license to:
- Duplicate
- Exhibit
- Transmit
- Execute
- Disseminate
- Archive
- Modify
- Otherwise utilize your User Content
This grant of license extends to the operation of the Service or the promotion, advertising, or marketing thereof, in any form, medium, or technology currently known or later devised.
Submissions:
You acknowledge and assent to the fact that any questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions") provided by you to Mimi's are devoid of confidentiality and proprietary rights. Mimi's shall be entitled to the unrestricted utilization and dissemination of these Submissions for any purpose, commercial or otherwise, without the need for acknowledgment or compensation to you.
Content Preservation and Disclosure:
You acknowledge and consent to Mimi's capability to maintain content and the potential disclosure of content if mandated to do so by law or under the good faith belief that such maintenance or disclosure is reasonably necessary to:
- Adhere to legal proceedings, applicable laws, or governmental requisites.
- Enforce these Terms of Service.
- Respond to allegations that any content infringes upon the rights of third parties.
- Safeguard the rights, assets, or personal well-being of Mimi's, its users, and the public.
Technical Processing and Transmission:
You comprehend that the technical handling and transmission of the Service, including your content, may entail:
- Transmissions across various networks.
- Adjustments to comply with and adapt to the technical prerequisites of connecting networks or devices.
Termination of Service
This clause outlines the circumstances under which Mimi's Kitchen ("Mimi's") may terminate a User's account and the User's right to deactivate their account.
Right to Terminate
Mimi's reserves the unilateral right to suspend or terminate, in whole or in part, a User's account for any of the following reasons:
- Material Breach: A User's material breach of any provision enshrined within this Agreement.
- Inactivity: A User's account exhibiting a period of inactivity deemed unreasonable by Mimi's in its sole discretion.
- Conduct in Violation of the Agreement: User conduct, even if not constituting a technical breach of this Agreement, that Mimi's reasonably believes undermines the spirit or intended purpose of this Agreement.
- Suspected Illegal Activity: Reasonable suspicion on Mimi's part that a User is engaged in fraudulent, abusive, or otherwise illegal activity on the platform.
Discontinuation of Service
Mimi's further reserves the unilateral right to discontinue providing the Service, or any portion thereof, at any given time, with or without prior notice to Users.
Grounds for Termination by Mimi's
- Breach of Terms: Mimi's may terminate a User's account upon the occurrence of a User's breach of any provision contained within this Agreement.
- Inactivity: Mimi's may terminate a User's account if the account exhibits a period of inactivity exceeding a timeframe deemed unreasonable by Mimi's in its sole discretion.
- Violation of Spirit or Letter: Mimi's may terminate a User's account for conduct that, while not constituting a technical breach of this Agreement, is nonetheless reasonably believed by Mimi's to undermine the intended purpose or spirit of this Agreement.
- Suspected Illegal Activity: Mimi's may terminate a User's account upon suspicion of a User engaging in fraudulent, abusive, or otherwise illegal activity on the platform.
Effect of Termination by Mimi's
- Immediate Action: Mimi's reserves the right to terminate a User's access to the Service without prior notice.
- Account Deactivation: Upon termination, Mimi's may immediately deactivate or delete the User's account and all associated information and files.
- Barred Access: Following termination, Mimi's may permanently bar the User from further access to the Service and any associated files.
- No Liability: Mimi's shall not incur any liability to the User or any third party for any termination of access to the Service.
User Deactivation - Deactivation Procedure: Users maintain the privilege to deactivate their accounts through the following measures: - Accessing their profile on the Mimi's.com website. - Users possess the option to deactivate their account by dispatching an email to contact@mimiskitchens.com
User Disputes
- User Obligations: Users bear sole responsibility for their engagements with other users on the Mimi's platform.
- Mimi's Disclaimer of Liability: Mimi's disclaims any and all liability or accountability for disputes arising amongst users.
- Mimi's Reservation of Involvement: Mimi's reserves the prerogative, albeit devoid of obligation, to engage in user disputes.
Cancellation and Refund Policy:
- Acknowledgment of Authorization Breach: You recognize that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Mimi's, namely, if you furnish inaccurate particulars, contact number, delivery address, etc., or if you were unresponsive, inaccessible, or unavailable for the fulfillment of the services offered to you, shall constitute a breach of your unconditional and irrevocable authorization in favor of Mimi's to place that order against the Seller on your behalf ("Authorization Breach"). Upon committing an Authorization Breach, you shall be obligated to remunerate liquidated damages equivalent to the order value. Hereby, you authorize Mimi's to offset or collect the liquidated damages through such means as Mimi's may deem fit in its discretion, including, but not limited to, deducting such amount from any payment made toward your subsequent Order.
- Cancellation by Mimi's: There may arise circumstances wherein Mimi's is either unable to accept your order or cancels the order due to reasons including, but not limited to, technical glitches, unavailability of the item(s) ordered, or any other reason attributable to Mimi's, Seller, or Delivery Partner. In such instances, Mimi's shall refrain from imposing a cancellation fee upon you. Should the order be annulled subsequent to payment being levied and you qualify for a refund of the order value or any portion thereof, said amount will be reimbursed to you.
- Refusal of Resolution without Seller's Consent: No replacement, refund, or alternative resolution shall be furnished without the Seller's authorization.
- Complaint Protocol: Any complaint regarding the order, encompassing instances such as food spillage, foreign objects in food, erroneous delivery, substandard quality, necessitates the provision of evidence before any resolution can be extended.
- Refund Exclusion for Unfollowed Instructions: You shall not be entitled to a refund if instructions accompanying the order are not adhered to in the manner intended by you. Instructions are executed by the Seller to the best of their abilities.
- Refund Processing: All refunds shall be processed in the same manner as they are received, unless refunds have been disbursed to you in the form of credits. Refund amounts will be credited to your account in accordance with the respective bank's policies.
Disclaimer of Warranties and Limitation of Liability
Mimi's Disclaimer:
Mimi's expressly disclaims any and all warranties, whether express or implied, regarding the legality, authenticity, quality, or safety of Meals offered on the platform. Similarly, Mimi's offers no guarantees concerning the ability of Sellers to fulfill their obligations or the ability of Customers to complete purchases.
No Completion Guarantee:
Mimi's does not guarantee that any transaction initiated on the platform will be successfully completed or that Users will fulfill their respective obligations under such transactions.
Right to Delay Transactions:
Mimi's reserves the unilateral right to delay transactions for any reason deemed necessary, including but not limited to fraud detection and security purposes.
User Caution Advised:
Users are advised to exercise sound judgment and common sense when interacting with other Users on the platform. Mimi's cannot be held responsible for the consequences of any interactions between Users.
Disclaimer for User Misrepresentation:
Mimi's shall not incur any liability for false, misleading, or inaccurate statements made by Users on the platform. Users are solely responsible for the content they generate and disseminate through the Service.
Licensing and Intellectual Property Rights
- Service Content, Software, and Trademarks: You acknowledge that the Service may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights ("Service Content"). Except as expressly authorized by Mimi's Kitchen ("Mimi's"), you are strictly prohibited from engaging in any of the following actions in whole or in part:
- Modifying, copying, framing, scraping, renting, leasing, loaning, selling, distributing, or creating derivative works based on the Service or the Service Content.
- User Content Exception: This restriction does not encompass your User Content (as defined elsewhere in this Agreement) that you legally upload to the Service.
- Data Gathering and Extraction Methods: You further agree to refrain from utilizing any data mining, robots, scraping, or similar data gathering or extraction methods in connection with your use of the Service.
- Blocking and Circumvention: If Mimi's restricts your access to the Service (including via IP address blocking), you agree not to implement any measures to circumvent such blocking mechanisms. Any unauthorized use of the Service or the Service Content constitutes a material breach of this Agreement.
- Software Ownership and Restrictions: The technology and software underlying the Service or distributed in connection therewith are the exclusive property of Mimi's, its affiliates, and its partners (collectively, the "Software"). You are expressly prohibited from:
- Copying, modifying, creating derivative works of, reverse engineering, reverse assembling, or otherwise attempting to discover any source code of the Software.
- Selling, assigning, sublicensing, or otherwise transferring any right in the Software.
- Reservation of Rights: Any rights not expressly granted herein are reserved by Mimi's.
- Mimi's Trademarks: The Mimi's name and logos are trademarks and service marks of Mimi's (collectively, the "Mimi's Trademarks"). Other Mimi's product and service names and logos displayed on the Service may be trademarks or service marks of their respective owners. Nothing within this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to utilize any of the Mimi's Trademarks displayed on the Service without Mimi's prior written permission in each instance. All goodwill generated from the use of Mimi's Trademarks will inure to the exclusive benefit of Mimi's.
Patents
Mimi's services are protected by various patents and/or applications (Pending).
Confidential Information
Definition:
The term "Confidential Information" encompasses any and all of Mimi's Kitchen ("Mimi's") trade secrets, proprietary information, and non-public data that possesses economic value due to its non-general knowledge and not readily ascertainable by third parties.
Examples:
Illustrative, but not exhaustive, examples of Confidential Information include:
- Seller information (identity, contact details, listings)
- Customer information (names, addresses, purchase history)
- Website content (text, images, graphics, design elements)
- Technical data (platform infrastructure, algorithms, software code)
- Product plans (future features, development roadmaps)
- Marketing materials (promotional campaigns, advertising strategies)
- Financial information (revenue data, customer spending patterns)
User Obligations:
Users acknowledge the significant economic value associated with Mimi's Confidential Information and are expressly prohibited from engaging in any of the following actions:
- Disclosing Confidential Information to any unauthorized third party.
- Transferring Confidential Information to any unauthorized entity.
- Utilizing Confidential Information for any purpose outside the authorized use of the Mimi's Marketplace.
Users are further obligated to undertake all reasonable measures to safeguard Confidential Information from unauthorized disclosure or use. This includes, but is not limited to, implementing appropriate security protocols on any device containing Confidential Information.
In the event of any suspected breach of confidentiality, Users are required to promptly notify Mimi's in writing. Upon termination or deactivation of their account, Users must return all original and reproduced materials containing Confidential Information to Mimi's in the manner prescribed by Mimi's.
Third-Party Material:
- Disclaimer of Liability:Mimi's expressly disclaims any and all liability for any content or materials of third parties (including Users). This disclaimer extends to, but is not limited to, any errors or omissions in such content, or for any loss or damage of any kind incurred as a result of the use of such content.
- Right to Refuse or Remove Content:Mimi's reserves the unilateral right, but does not assume the obligation, to refuse to display or to remove any content that is available via the Service. This right applies to content that violates these Terms of Service or is otherwise deemed by Mimi's to be objectionable.
- User Assumption of Risk:You acknowledge that Mimi's does not pre-screen content. You agree to evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Copyright Complaints
Mimi's Respect for Intellectual Property:
Mimi's acknowledges and respects the intellectual property rights of others and expects Users to do the same.
Notification of Infringement:
If you believe, in good faith, that your copyrighted work has been reproduced in a manner constituting copyright infringement or that your intellectual property rights have otherwise been violated on the platform, you are required to submit a written notification of such infringement to Mimi's. DMCA Takedown Process:
Mimi's adheres to the provisions outlined within the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of a valid notification of alleged infringement, Mimi's will undertake a good faith investigation and take appropriate actions. These actions may include the removal of infringing material from the platform.
Notice Requirements:
Notifications of alleged copyright infringement must be submitted in writing to Mimi's designated agent at contact@mimiskitchens.com with the subject line "DMCA Takedown Request." Alternatively, written notifications may be sent via mail to the following address:
Mimi's Kitchen 10851, Texas Rose Dr Missouri City, Texas, 77459
To be considered valid, a notification of alleged infringement must incorporate the following elements:
- A physical or electronic signature of the authorized representative of the copyright owner or intellectual property rights holder.
- A detailed description of the copyrighted work or intellectual property allegedly infringed.
- A specific description of the location of the allegedly infringing material on the Service.
- The contact information of the complaining party, including address, telephone number, and email address.
- A good faith statement by the complaining party that they hold a sincere belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by the complaining party, made under penalty of perjury, confirming the accuracy of the information contained within the notification and their authority to act on behalf of theproperty owner's. Process of Counter-Notification
- Submission of Counter-Notice: Should you hold the belief that your User Content, which has been removed (or access thereto disabled), is not in violation of copyright, or that you possess authorization from the copyright proprietor, the agent of the copyright proprietor, or in accordance with the law, to upload and utilize the content in your User Content, you reserve the right to submit a written counter-notice to the designated Copyright Agent. This counter-notice must encompass the ensuing particulars:
- - Your Signature: Your physical or electronic signature. - Identification of Removed Content: Identification of the content that has been removed or access to which has been disabled, alongside the location at which the content was visible before its removal or disabling. - Statement of Good Faith Belief: A statement affirming your good faith belief that the content was removed or disabled due to an error or misidentification of the content. - Your Contact Information: Your name, domicile address, telephone number, and email address. - Consent to Jurisdiction: A declaration consenting to the jurisdiction of the federal court situated within the Northern District of California. - Acknowledgement of Service: A statement expressing your agreement to accept service of process from the individual who issued the notification regarding the alleged infringement.
- Upon receipt of a counter-notice, Mimi's will dispatch a duplicate of the counter-notice to the original complainant, apprising said party that it may either reinstate the removed content or cease its disabling within 10 business days. Unless the copyright proprietor initiates legal action seeking a court order against you, the reinstatement of the removed content or the restoration of access thereto may occur within 10 to 14 business days or a longer duration, all at the sole discretion of Mimi's. Repeat Infringer Policy
- Infringement Protocol: In conformity with the Digital Millennium Copyright Act ("DMCA") and other pertinent legislation, Mimi's has instituted a policy of terminating, at its sole discretion and under appropriate circumstances, users deemed to be repeat infringers. Mimi's reserves the right, at its sole discretion, to restrict access to the Service and/or terminate the memberships of any users found to infringe upon the intellectual property rights of others, irrespective of whether such infringement is recurrent.
Indemnification and Release
- Release and Indemnity Agreement: You hereby agree to release, indemnify, and hold harmless Mimi's and its affiliates, as well as their officers, employees, directors, and agents (collectively referred to as "Indemnitees"), from and against any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions of any kind, and injury (including death) arising directly or indirectly from or in connection with your utilization of the Service, any User Content, your association with the Service, your breach of these Terms of Service, including but not limited to the representations and warranties contained herein, or your infringement of any rights of another party. Notwithstanding the foregoing, you shall not be obliged to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action undertaken by such Indemnitee. If you are a resident of California, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." If you reside in another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR UTILIZATION OF THE SERVICE CONSTITUTES A SOLE AND UNWAVERING RISK ASSUMPTION. THE SERVICE IS GRANTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIMI'S UNEQUIVOCALLY RENOUNCES ALL FORMS OF WARRANTIES, BE THEY EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, YET NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MIMI'S DOES NOT WARRANT THAT (I) THE SERVICE WILL ACCOMMODATE YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL OPERATE UNINTERRUPTEDLY, PUNCTUALLY, SECURELY, OR WITHOUT ERRORS, (III) THE RESULTS DERIVED FROM THE UTILIZATION OF THE SERVICE WILL BE PRECISE OR DEPENDABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS ACQUIRED OR ATTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR ANTICIPATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY COMPREHEND AND CONSENT THAT MIMI'S SHALL NOT BE HELD ACCOUNTABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES ARISING FROM LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MIMI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USAGE OR INABILITY TO UTILIZE THE SERVICE; (II) THE COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES ARISING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MIMI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE REMITTED TO MIMI'S IN THE PRECEDING SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED UNITED STATES DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU OR MAY NOT BE ENFORCEABLE WITH REGARD TO YOU. SHOULD YOU FIND ANY PORTION OF THE SERVICE OR THESE TERMS OF SERVICE UNSATISFACTORY, YOUR EXCLUSIVE RECOURSE IS TO CEASE THE USAGE OF THE SERVICE. IF YOU RESIDE IN NEW JERSEY, THE FOREGOING SECTIONS ENTITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE AS BROAD AS PERMISSIBLE UNDER THE LAWS OF THE STATE OF NEW JERSEY. SHOULD ANY PORTION OF THESE SECTIONS BE JUDGED INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT IMPAIR THE VALIDITY OF THE REMAINING SEGMENTS OF THE RELEVANT SECTIONS.
BINDING ARBITRATION AGREEMENT
This segment, herein referred to as the "Arbitration Agreement," mandates the resolution of any and all disputes or claims between you and Mimi's, arising from or pertaining to these Terms of Service, the Services, advertising, or any facet of your association or transactions with Mimi's, through conclusive and binding arbitration, rather than litigation in court. However, individual claims may be pursued in small claims court if they meet the requisite criteria. This Agreement does not preclude you from bringing matters to the attention of federal, state, or local agencies.
Waiver of Jury Trial and Class Actions:
By entering into this Agreement, both you and Mimi's relinquish the entitlement to a trial by jury or participation in class actions. Adjudication of your rights will be conducted by a neutral arbitrator, rather than a judge or jury. The interpretation and enforcement of this Agreement are governed by the Federal Arbitration Act.
Opt-Out Provision:
You retain the option to opt out of this Agreement if you have not previously consented to arbitration with Mimi's when afforded the opportunity to do so. Opting out necessitates the submission of a signed written notification within 30 days of agreeing to these Terms of Service. Said notification must include your account username, name, address, phone number, email address, and a clear statement expressing your desire to opt out.
Prohibition of Class and Representative Actions:
YOU AND MIMI'S AGREE THAT CLAIMS MAY BE BROUGHT AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator is precluded from consolidating or joining multiple claims and may not preside over any class proceedings. Relief may solely be granted to the individual party seeking redress and only to the extent necessary for resolving said party's individual claim(s). You may pursue a claim for public injunctive relief under applicable law, but solely to the extent necessary to enforce this provision.
Representative PAGA Waiver:
Notwithstanding any other provision, both you and Mimi's agree not to initiate a representative action under California's Private Attorneys General Act of 2004 (PAGA) in any court or arbitration. Any dispute regarding PAGA claims shall be resolved in arbitration on an individual basis only.
Pre-Arbitration Dispute Resolution:
Mimi's encourages amicable dispute resolution via email communication with customer support at contact@Mimiskitchens.com. If unsuccessful, the party intending to commence arbitration must first dispatch a written Notice of Dispute to the other party via certified mail. The Notice must delineate the nature and grounds of the claim and the specific relief sought. If the claim remains unresolved within 60 days of the Notice, either party may initiate arbitration.
Arbitration Procedures:
Arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (AAA) Rules, including the Consumer Arbitration Rules, subject to modifications by this Agreement. The arbitrator must adhere to the Terms of Service as a court would. Arbitral decisions are enforceable in court and may only be overturned for extremely limited reasons.
Hearings, unless otherwise agreed upon, shall be held at a reasonably convenient location. If your claim amounts to $10,000 or less, you may elect whether arbitration will proceed solely based on documents, via telephone, or in person. The arbitrator shall render a written decision elucidating the essential findings and conclusions.
Costs of Arbitration:
Payment of filing, administration, and arbitrator fees shall be governed by the AAA Rules, unless specified otherwise in this Agreement. Mimi's shall cover all Arbitration Fees if the value of your claim does not exceed $75,000. If your claim surpasses this threshold and you demonstrate an economic inability to cover your share of the fees, or the arbitrator deems such payment unnecessary, Mimi's shall assume responsibility. Additionally, if the arbitrator deems arbitration costs to be disproportionate to litigation expenses, Mimi's shall cover any fees deemed necessary by the arbitrator to prevent arbitration from being cost-prohibitive. Attorneys' fees shall be subject to the AAA Rules.
Confidentiality:
All aspects of the arbitration proceedings, including any ruling or decision by the arbitrator, shall remain confidential.
Severability:
This Arbitration Agreement contains the following severability provision:
Severability for Provisions Other Than Class Action Waiver:In the event that a court or arbitrator determines any term or provision of this Arbitration Agreement (excluding subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief") to be invalid or unenforceable, the Parties agree as follows:
- Severability: The invalid or unenforceable provision shall be severed from this Agreement, treated as if it never existed.
- Replacement Provision: The Parties shall endeavor to replace the severed provision with a valid and enforceable provision that best reflects the original intent.
- Enforceability of Remaining Provisions: This Arbitration Agreement, as modified by the replacement provision (if any), shall remain fully enforceable.
Severability for Class Action Waiver:
- However, should a court or arbitrator find any provision of subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" to be invalid or unenforceable, the entire Arbitration Agreement shall become null and void, unless such provisions are deemed invalid or unenforceable solely regarding claims for public injunctive relief. Public injunctive relief pertains to court orders aiming to halt ongoing wrongful conduct, rather than providing compensation for damages. Impact on Remaining Terms of Service:
- Irrespective of the enforceability of any provision within this Arbitration Agreement, the remaining Terms of Service shall remain binding and enforceable. Thus, even if a portion of the Arbitration Agreement is deemed unenforceable, the other provisions of the Terms of Service shall continue to apply. Future Amendments to Arbitration Agreement:
- This section addresses potential modifications to the Arbitration Agreement during a user's association with Mimi's. Mimi's Right to Modify:
- Mimi's reserves the right to amend the terms of this Arbitration Agreement in the future, except for alterations to the Notice Address.
User's Right to Opt-Out:
- Notwithstanding any other provision within the Terms of Service, Mimi's acknowledges that if it makes any future changes to this Arbitration Agreement, the User retains the right to reject such modifications. Opt-Out Procedure:
- To opt out of future changes, the User must provide written notice to Mimi's within thirty (30) calendar days of the announced alteration. The notice must be sent to the Notice Address provided by Mimi's.
Effect of Opt-Out:
- By opting out, the User indicates their intent to arbitrate any future disputes in accordance with the version of the Arbitration Agreement they initially accepted (or any subsequent versions they agreed to).
No Opt-Out for Notice Address Changes:
- This right to opt-out does not extend to changes solely related to the Notice Address. Apple-Enabled Software Terms
- Independent Contractor Relationship:
- It is hereby acknowledged and agreed by you and Mimi's that these Terms of Service establish a contractual arrangement exclusively between you and Mimi's, excluding any involvement of Apple Inc. ("Apple"). Consequently, Mimi's, not Apple, bears sole responsibility for the Apple-Enabled Software and its associated content.
- Compliance with App Store Terms:
- Your utilization of the Apple-Enabled Software must conform to the Usage Rules delineated in the App Store Terms of Service. Any deviation from or infringement upon these regulations shall constitute a breach of these Terms of Service.
- Limited License:
- The Apple-Enabled Software is granted to you under license, not sold. You are afforded a non-transferable privilege to employ the Apple-Enabled Software exclusively on an iOS Product under your ownership or control, as authorized by the Usage Rules in the App Store Terms of Service.
- Apple Disclaimer of Maintenance and Warranty:
- Apple bears no obligation to furnish maintenance or support services for the Apple-Enabled Software.
- Disclaimer of Warranties:
- Apple assumes no responsibility for any product warranties, whether implied or express by law. In the event of a warranty breach by the Apple-Enabled Software, your sole recourse is to seek a refund of the purchase price from Apple. Apple explicitly disclaims all other warranty obligations regarding the Apple-Enabled Software, to the fullest extent permissible by law. Any claims, losses, liabilities, damages, costs, or expenses arising from a warranty breach are the sole responsibility of Mimi's, to the extent not disclaimed by applicable law.
- Mimi's Responsibility for Claims:
- Mimi's, and not Apple, is liable for addressing any claims raised by you or any third party pertaining to the Apple-Enabled Software or your ownership and/or usage thereof. This encompasses, but is not limited to: - Allegations of product liability. - Assertions of non-compliance with pertinent legal or regulatory mandates. - Claims arising under consumer protection statutes or similar legislation.
- Mimi's Responsibility for Intellectual Property Infringement:
- In the event of a third-party assertion asserting that the Apple-Enabled Software or your utilization thereof infringes upon their intellectual property rights, Mimi's, not Apple, is exclusively responsible for investigating, defending, settling, and resolving such claim.
- User Representations and Warranties:
- You affirm and warrant that: - You are not situated in a nation subject to a U.S. Government embargo or designated as a "terrorist supporting" jurisdiction. - You are not included on any U.S. Government roster of prohibited or restricted entities.
- Dispute Resolution:
- For any inquiries, grievances, or claims regarding the Apple-Enabled Software, please direct them to contact@Mimiskitchens.com.
- Third-Party Beneficiary:
- You and Mimi's hereby recognize and consent that Apple and its subsidiaries act as third-party beneficiaries of these Terms of Service concerning the Apple-Enabled Software. Upon your acceptance of these Terms of Service, Apple shall possess the right (and shall be deemed to have accepted the right) to enforce these Terms of Service against you regarding the Apple-Enabled Software, in the capacity of a third-party beneficiary thereof.
California Seller Requirements: Food Facilities and Permits
MIMI'S SHALL NOT PROVIDE SERVICES IN ANY STATES OR REGIONS BEYOND THE BOUNDARIES OF GREATER HOUSTON. Nevertheless, should any User choose to download the App within the jurisdiction of California, said User shall assume responsibility for adhering to the Applicable Laws, inclusive but not limited to:
Additional Representations and Warranties for California Sellers:
In augmentation to the antecedent General and Seller-Specific Representations and Warranties, Sellers domiciled in California affirmatively represent and warrant that they formulate and furnish all Meals to Customers utilizing a facility that adheres to one of the subsequent classifications under the California Retail Food Code (as amended):
1. Food Facility: As delineated in Section 113789 of the California Retail Food Code.
2. Food Processing Establishment: As articulated in Section 111955 of the California Retail Food Code.
3. Cottage Food Operation: As defined in Section 113758 of the California Retail Food Code. Microenterprise Home Kitchen Requirements (if applicable): In the event that you are a California Seller operating a "Microenterprise Home Kitchen" (as elucidated in Section 113825 of the California Retail Food Code, as amended), you affirm and warrant that you adhere to all pertinent provisions of Chapter 11.6 of the California Retail Food Code. These provisions encompass, yet are not restricted to:
a) Local Permitting: - Your microenterprise home kitchen must be situated within a city or county that has duly authorized such operations through ordinance or resolution.
b) Standard Operating Procedures: - You have submitted written standard operating procedures to the local enforcement agency, detailing: o Types of food or products handled. o Food preparation and handling procedures. o Utensil, equipment, and refuse disposal methods and schedules. o Food temperature maintenance procedures during pickup or delivery. o Operational days and hours of the home kitchen.
c) Permit and Certification: - You have successfully: o Completed an approved food safety certification examination. o Passed inspection by the local enforcement agency. o Acquired a permit to operate from the local enforcement agency.
d) Permit Validity: - Your microenterprise home kitchen permit remains valid and in effect.
e) Delivery Personnel: - Any individual delivering Meals for your operation is either an employee or a member of your family/household. - If delivery is conducted by car, the driver holds a valid driver's license.
f) Permit Number Registration: - You have entered (and periodically updated, if required) your microenterprise home kitchen permit number in the designated field during the Mimi's registration process.
g) Employee Limitations: - You employ no more than one full-time equivalent food worker, excluding family/household members.
h) Same-Day Preparation and Consumption: - Meals are prepared, cooked, and served to Customers on the same calendar day.
i) Consumption Location: - Meals are consumed either: o On the premises of your microenterprise home kitchen. o Off-premises, if retrieved by the Customer or delivered within a safe timeframe.
j) Food Processing Limitations: - Your meal preparation does not encompass: o Raw milk. o Processes necessitating a HACCP plan.
k) Raw Oyster Prohibition: - Your Meals do not comprise raw oysters.
l) Meal Quantity Limits: - You prepare no more than: o 30 individual meals per day. o 60 meals per week (or commensurate quantities if constituents are vended separately).
m) Gross Annual Sales Limit: - Your enterprise maintains gross annual sales of no more than $50,000, subject to annual adjustment based on the California Consumer Price Index.
n) Customer Limitations: - Meals are vended solely to consumers, excluding wholesalers or retailers. Disclaimer:
You are accountable for ensuring your compliance with all pertinent California regulations concerning microenterprise home kitchens.
Export Controls
- Software Restrictions: Software furnished with the Service and pertinent data transmission are subject to U.S. export controls.
- Compliance Required: Users are obligated to adhere to all local laws and regulations concerning their utilization of the Service. Commercial Use Prohibition
- Limited Use Grant: Unless explicitly sanctioned, users are barred from commercially exploiting any segment of the Service.
Entire Agreement
These Terms of Service establish the solitary and exclusive pact between you and Mimi's pertaining to your utilization of the Service, superseding any antecedent agreements with Mimi's regarding the Service.
Third-Party Terms
Your utilization of the Service may also be subject to terms and conditions set forth by third-party services, content, or software provided through Mimi's.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Jurisdiction
For any disputes or claims not subject to arbitration (as delineated elsewhere in these Terms of Service), you and Mimi's consent to the personal and exclusive jurisdiction of the state and federal courts situated within Missouri City, Texas.
Waiver
Mimi's omission to exercise or enforce any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision.
Severability
If any provision of these Terms of Service is adjudged invalid or unenforceable by a court of competent jurisdiction, the parties nonetheless agree that the court should endeavor to effectuate the intentions reflected in the provision. The remaining provisions of these Terms of Service shall remain in full force and effect.
Statute of Limitations
You agree that notwithstanding any contrary statute or law, any claim or cause of action arising out of or related to your use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Electronic Records
A printed version of this agreement and any notices provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment
You may not assign this Terms of Service agreement without Mimi's prior written consent. However, Mimi's may assign or transfer this Terms of Service agreement, in whole or in part, without any restriction.
Headings
The headings employed throughout these Terms of Service are for convenience only and shall not affect their legal or contractual interpretation.
Notices
Mimi's may issue notices to you via email or regular mail. Additionally, notices concerning changes to these Terms of Service or other matters may be provided by displaying notices or links to notices generally on the Service.
Data Privacy
Mimi's respects user privacy, and the collection and utilization of user data are governed by a separate legal document, the Mimi's Privacy Policy. By utilizing the Service, you acknowledge and consent to Mimi's collection and usage of your personal data as outlined in the Privacy Policy. You can access the Mimi's Privacy Policy at www.mimiskitchens.com or its mobile app.
Survival
The Platform, Licensing and Intellectual Property Rights, Confidential Information, Limitation of Liability, Disclaimer of Warranties, Indemnification and Release, and Termination of Services shall survive the termination of this Agreement.
Contact Information
- For any order-related issue, you may initially contact us via chat support on the Mimi's app for real-time resolution.
- You may correspond with us at contact@mimiskitchens.com, and we will endeavor to address your order-related grievance within the timelines prescribed by applicable laws.