Terms of Use

 

By using indicooks.com website, services, and affiliated mobile app(s) (“indicooks.com”), or otherwise accepting indicooks.com services, you as the user and those using the site on your behalf agree to all of the following terms and conditions and the terms of other agreements referenced hereto. If you do not agree with all of such terms and conditions (hereinafter referred to as “Terms of Use”), do not use indicooks.com.

 

General.

 

For most services, indicooks.com acts as an intermediary between you and third parties, like merchants, caterers, or restaurants, with which indicooks.com has entered into other agreements (“Members”). This means that indicooks.com cannot make any representations or warranties about the merchandise, services, information, or quality of goods provided by the Member. The fact that indicooks.com avails such products, information, and services to you should not be construed as an endorsement of the businesses or the products, services, and information that Members provide. indicooks.com is not responsible for the Members’ food preparation or safety and does not verify any restaurant’s compliance with applicable laws, nor does indicooks.com verify representations made by the Members.

 

The Members are expected to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; indicooks.com is not responsible for the Members’ food preparation or safety and does not verify any restaurant’s compliance with applicable laws. 

 

You agree to make your own independent evaluation of the products and services mentioned on indicooks.com.

 

Your Account Access to indicooks.com Service.

    

In order to access indicooks.com, you must create an account by designating a unique user name and an acceptable password upon registration. In addition, you must provide other account information that will allow indicooks.com to process orders, transact payments, and perform services. All of such information, including the username and password, shall be subject to indicooks.com’s Privacy Policy. In the event there is a conflict between the Terms of Use and the Privacy Policy, the Privacy Policy shall control over your account information.

 

You are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your account. You agree and accept responsibility for keeping all your account information current, including but not limited to your address, payment information, telephone number, and e-mail address. You agree to notify indicooks.com promptly of any unauthorized use of your account. You also agree to accept liability and responsibility for all activities that occur under your account, including but not limited to charges incurred from use of indicooks.com services. You will comply with all laws applicable to your activities on indicooks.com. If restitution is sought for any injury resulting from purported unauthorized use of your account, you agree to seek restitution against the unauthorized user, and will release or hold indicooks.com harmless for such injuries. indicooks.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

You can update your information in the "Your Account" (or analogous) area of indicooks.com or contact indicooks.com’s customer service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to indicooks.com.

 

User Codes

 

In connection with your use of or access to indicooks.com, indicooks.com may from time to time provide you with user names, passwords and/or other unique identifiers ("User Codes"). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing indicooks.com on behalf of any company or organization, any other employee in your company or organization.

 

You are responsible for any and all information provided and any and all orders, acts or omissions that occur in connection with User Codes sent to you, whether you or a third party committed or omitted such. You are also responsible for any and all orders, acts or omissions made by or through mobile phones with a phone number that you provided and that is recognized by indicooks.com’s systems to be associated with the User Codes, regardless whether you or a third party were using the mobile phone at the respective time.

 

indicooks.com is not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify indicooks.com immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of indicooks.com. You are limited to one User Code. Duplicate User Codes may be revoked. indicooks.com reserves the right to revoke or modify the User Codes at any time without prior notice.

 

Payment.

 

To place an order, you must have a credit card or debit card ("Card") on file with indicooks.com as part of your account information. The Card information, along with the rest of the account information, is subject to the Privacy Policy. You may edit or update your Card information in the account section on indicooks.com. Please do not send Card or other payment information via email.

 

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone else that uses your indicooks.com account. indicooks.com will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. indicooks.com will make reasonable efforts to contact you if this occurs, including sending you an email. However, in the event such an order is processed, indicooks.com reserves the right to collect funds for any uncollected transaction charges or fees owed to it.

 

If you fail to pay any fees or charges when due, including but not limited to, rejected electronic payment fees, redelivery fees, or restocking fees, indicooks.com may charge such amount directly to the Card identified in your account. indicooks.com may suspend or terminate your access to indicooks.com service for your failure to transact duly applied fees or balances. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that indicooks.com may incur in its efforts to collect any unpaid balances from you. Your right to use indicooks.com is subject to limits established by indicooks.com and/or by your Card issuer.

 

Orders, Pricing, and Charges

 

For some services, indicooks.com sites and mobile applications re-publish prices that have been previously determined by the Members, based on their own businesses.

 

Prices for orders generally remain the same as the prices charged in Member brick-and-mortar stores, and correspond to the time an order is placed, delivered, available for pickup, or fulfilled, as applicable. Although indicooks.com attempts to keep the website or application listed prices, specifications and availability consistent with those designated by the Members’ (which includes marking or removing unavailable products and/or services from indicooks.com), at times the listed information may differ from those of the Members’ and are subject to change. This may be especially probable if you select a delivery or pickup date that is different from the date on which you place your order, or if Members opt to charge different prices on delivery services (like indicooks.com’s) than those charged in their physical stores. indicooks.com will use reasonable efforts to inform you of changes to your order, including but not limited to, sending you an email or text message.

 

indicooks.com reserves the right to apply delivery fees. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity. Such fees will be reflected in the final price prior to checkout.

 

Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

 

Changes made subsequent to previously placed orders and prior to final delivery shall be reflected on final charges to your Card. Further, certain products and/or services may no longer be available after Members review and/or update a changed order.

 

Moreover, indicooks.com reserves the right, in its business discretion, to apply appropriate cancellation fees for canceled orders.

 

Restaurant and Prix Fixe Dinners

 

Restaurant order prices will reflect the information set forth above, and the Member prices at the time such order is placed. Your Card shall be charged upon your placing of the order on indicooks.com.

 

Prix Fixe meals will reflect reasonable retail market rates, as determined by indicooks.com in its sole discretion, and at the time the order is placed.

 

Groceries

 

Groceries will also be charged to reflect the information set forth above, as well as the Member prices on the day your order is delivered. Certain grocery items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart. Due to the perishable nature of some products and market conditions beyond indicooks.com’s control, certain products may be unavailable at respective times. Your Card will be charged for your order on the day your order is delivered.

 

If indicooks.com can send an item that's very similar to the item you ordered, indicooks.com reserves the right to make item substitutions. If indicooks.com is unable to fulfill your entire order with the items you order or appropriate substitutions, indicooks.com will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). indicooks.com also reserves the right to limit your order or the quantity of a particular product that you may order.

 

Once you complete checkout, your price is guaranteed unless you placed an order for an item where indicooks.com has inadvertently listed an incorrect price. In those circumstances, indicooks.com reserves the right to cancel undelivered orders for such incorrectly priced products or remove the incorrectly priced items from your order. In either event, indicooks.com will make reasonable efforts to contact you, and your Card will not be charged for items not delivered.

 

Delivery.

 

Restaurant

 

Restaurant orders (including Prix Fixe meals) are relatively straightforward: availability may be based on the hours of delivery already established by the Members. indicooks.com’s ability to fulfill same-day-real time orders is dependent on restaurant Members’ business operations. Upon placing your order, your delivery options will be restricted as applicable to your order.

 

Groceries

 

For groceries, available delivery dates and time windows will be shown during the ordering process and prior to selection of your grocery items. This is because the manner of delivery that you specify will dictate the availability of certain items.

 

There are generally four optional manners of delivery for groceries: (a) same day delivery within twenty-four (24) hours, (b) delivery as soon as all items are available, (c) one day delivery, or (d) two day delivery. Note that modified orders are subject to the ‘Orders, Pricing, and Charges’ terms above, and a change of a delivery date may not guarantee the availability of your desired items.

 

Once you select the manner of delivery, you will be able to select a more specified time window of delivery. To receive delivery, you or an authorized representative must be present to receive your order from indicooks.com delivery personnel during your selected delivery time window. Orders must be received before posted cutoff times for a given delivery.

 

The authorized representative can accept your goods when you are not present at the time you had selected for delivery, and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, indicooks.com will use commercially reasonable efforts to contact you and reschedule delivery. A redelivery fee may apply. In such case, if indicooks.com is unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a cancellation fee.

 

indicooks.com delivers case sizes of a variety of different goods, with variable weight and availability. Given these variations, indicooks.com reserves the right to place purchase and delivery limits on your orders to accommodate concern for the health and safety of indicooks.com personnel and market availability, for example. Some of these limits may be related to the highest floor indicooks.com will deliver to in a building that does not have a working elevator, or how many cases can be delivered to a certain area. indicooks.com will endeavor to have indicooks.com web interface reflect these limitations, however, if this is not possible, indicooks.com will exercise its right to limit the delivery and make reasonable efforts to inform you accordingly, and your Card will not be charged for undelivered items.

 

Some deliveries are provided by indicooks.com’s network of independent delivery service providers. Like the Members, these delivery providers entered into confidential agreements with indicooks.com. They are expected to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicle, and applicable insurance requirements. indicooks.com shall not be liable or responsible for any delivery services provided by the delivery providers or any errors or misrepresentations made by them.

 

Alcoholic Beverages.

 

Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you acknowledge that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.

 

Short Message Service Alerts.

 

In connection with your use of indicooks.com, from time to time, indicooks.com may make available to you a text messaging service designed to alert you and/or allow you monitor your indicooks.com orders using your mobile phone.

 

Your mobile service carrier or provider may impose data usage, text message or other charges for your use this service, including sending or receiving text messages. Text messaging may not be available from all mobile phone service carriers or providers and mobile phone models. Mobile phone service may not be available in all areas. Check your mobile phone’s capabilities for specifics.

 

You agree that indicooks.com may send text messages to the mobile phone number you provide as part of your account information from time to time. Without limiting anything set forth in these Terms of Use, indicooks.com is not responsible for incomplete, lost, delayed or misdirected content and/or information provided through indicooks.com, including due to any filtering by your mobile service carrier or provider or lack of reception.

 

Each time you use indicooks.com, including by sending or receiving indicooks.com text messages, you are confirming your agreement to these Terms of Use.

 

indicooks.com Content.

 

With the exception of User Content (defined below), everything on indicooks.com, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to indicooks.com. indicooks.com and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on indicooks.com and except for the trademarks, service marks, logos and trade names of other companies that are displayed on indicooks.com, all trademarks, service marks, logos, trade dress and trade names are proprietary to indicooks.com. indicooks.com enforces its intellectual property rights to the fullest extent of the law.

 

indicooks.com grants you a limited, non-exclusive, non-transferable and revocable license to access and use indicooks.com and the Materials for your personal use, solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on indicooks.com. Any other use of indicooks.com and the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, or modified without indicooks.com’s express written permission. Nothing contained on indicooks.com should be interpreted as granting to you any license or right to use any of the Materials or third party proprietary content on indicooks.com without the express written permission of indicooks.com or the appropriate third party owner, as applicable.

 

If you download any software from indicooks.com, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

 

indicooks.com reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, without notice, indicooks.com or services offered on or through indicooks.com (or any part thereof), including but not limited to indicooks.com’s features, look and feel, and functional elements and related services.

 

indicooks.com is not under any obligation to update content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, indicooks.com may not update content, including taking into account material changes or new information. This applies to User Content below as well.

 

Interactive and User Content.

 

indicooks.com may provide you with interactive opportunities on its websites and applications, including but not limited to features such as user ratings, reviews, saved favorites, liked items and bookmarked restaurants. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to indicooks.com (“User Content”).

 

By submitting any User Content to or by otherwise accessing and/or using indicooks.com, you unconditionally grant indicooks.com an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or User Content, in whole or in part, and to incorporate any such information or User Content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to indicooks.com privacy policies. You hereby waive all moral rights in any such information or User Content.

 

indicooks.com neither endorses nor is responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on indicooks.com by anyone other than authorized indicooks.com employees or agents while acting in their official capacities. indicooks.com does not review and assume responsibility for any information or User Content received from, or created by you or any third party. indicooks.com reserves the right (but has and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you, or any third party, or by otherwise using indicooks.com.

 

Third Party Websites or Links on indicooks.com.

 

indicooks.com may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions. indicooks.com does not review, monitor, operate and/or control the these websites, and makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through, and/or the functioning of the these third party websites. By providing access to third party websites, indicooks.com is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the third party websites is entirely at your own risk. indicooks.com reserves the right to discontinue links to any third party websites at any time and for any reason, without notice.

 

Disclaimer

 

indicooks.com SITES, APPLICATIONS, MATERIALS AND ALL OTHER CONTENT ON THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. indicooks.com DOES NOT REPRESENT OR WARRANT THAT THE SITES, APPLICATIONS, MATERIALS AND/OR THE OTHER CONTENT THEREIN WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. indicooks.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT indicooks.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF indicooks.com SITES, APPLICATIONS, MATERIALS AND/OR OTHER CONTENT THEREIN. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. THIS EXCLUSION IS ENFORCEABLE IN NEW JERSEY AND NEW YORK.

 

Limitation of Liability

 

IN NO EVENT SHALL indicooks.com BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF indicooks.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. indicooks.com ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM indicooks.com SITES, APPLICATIONS, AND MATERIALS. indicooks.com ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL indicooks.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE, EXCEED (A) THE AMOUNT PAID BY YOU TO indicooks.com, OR (B) $1000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION IS ENFORCEABLE IN NEW JERSEY AND NEW YORK.

 

YOU AND indicooks.com AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF USE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS OF USE AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS OF USE. YOU AND indicooks.com AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

IF YOU ARE DISSATISFIED WITH indicooks.com OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

 

Notice and Take Down Procedures.

 

If you believe any User Content or publication that is accessible on or from indicooks.com infringes your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting indicooks.com at the address identified below and providing the following information, consistent with the Digital Millennium Copyright Act, 17 U.S.C. 512:

 

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the publication that you believe to be infringing and its location. Please describe the publication, and provide indicooks.com with its URL or any other pertinent information that will allow indicooks.com to locate the Submission.

Your name, address, telephone number, and (if available) email address.

A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.

A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.

A signature or the electronic equivalent from the copyright holder or authorized representative.

 

The address for copyright issues relating to indicooks.com is as follows:

 

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In an effort to protect the rights of copyright owners, indicooks.com will use reasonable efforts to terminate access to repeat offenders whenever appropriate.

 

Forum and Governing Law.

 

These Terms of Use shall be construed in accordance with and governed by the law of the State of New York, without regard to conflict of laws principles that would require the application of another jurisdiction. Any such controversy will be submitted exclusively to Federal or state courts in the State of New York. You consent to personal jurisdiction in any applicable court within the State of New York for purposes of any such litigation.

 

Modification or Termination.

 

indicooks.com may at any time and for any reason without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of indicooks.com and/or your access to or use of indicooks.com, if you fail to comply with any provision of these Terms of Use. If, in its sole discretion, indicooks.com modifies, suspends, terminates or discontinues your access to or use of indicooks.com, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of indicooks.com.

 

Force Majeure.

 

indicooks.com will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of indicooks.com, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft. All of the obligations of indicooks.com with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

 

Electronic Signature.

 

indicooks.com may, in its sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on indicooks.com by means of an electronic signature, by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing indicooks.com or using any of the content, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to indicooks.com intend to form a legally binding contract between you and indicooks.com; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

 

Miscellaneous

 

These Terms of Use represent the complete and exclusive agreement and understanding between you and indicooks.com regarding your rights to access indicooks.com sites, applications, and materials to use the content and supersedes all agreements which you may sign with indicooks.com, and all representations (whether written or oral), regarding such subject matter.

 

Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against indicooks.com unless the same is in writing and signed by an authorized indicooks.com employee or representative.

 

Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.

 

indicooks.com’s omission to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or omission on indicooks.com’s part to exercise any power or right given to indicooks.com in these Terms of Use, or a continued course of such conduct on indicooks.com’s part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.

 

All rights and remedies given to indicooks.com in these Terms of Use and other terms and conditions that are subject to these Terms of Use are cumulative and not exclusive of any other rights or remedies which indicooks.com otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns.

 

Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to."

 

Neither you nor indicooks.com may assign or delegate rights, duties or obligations under these Terms of Use without the prior written consent of the other party.

 

indicooks.com may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with indicooks.com, or pursuant to a merger, consolidation, change of control or corporate reorganization.

 

These Terms of Use are in addition to, and do not nullify, any other agreement between you and indicooks.com governing the conduct of your relationship with indicooks.com or any other applicable terms and conditions found on indicooks.com sites, applications, and materials.

 

indicooks.com may change these Terms and Conditions from time to time and without prior notice, except if we make a material change. In case of a material change, indicooks.com will make reasonable efforts to notify you prior to the effective date of the change. Changes to these Terms and Conditions will be effective as soon as they are posted, unless a later effective date is provided. By continuing to access or use indicooks.com after the effective date of revised Terms and Conditions, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, do not continue using indicooks.com. The most current version of this policy will usually be posted on indicooks.com, and you will be notified otherwise.