Last updated January 2018
Welcome to Myosyn.com, a website owned and operated by a Canadian company registered in Ontario, Myosyn Inc. (“Myosyn”, “us” and “we”). Myosyn connects users with local Cooks (“Cooks”) for various culinary services via an online marketplace made available through our platform (the “Services”). Culinary services can include meals, prepared meals or meal prep, and other food related services (“Meals”). All website pages together form the “Site”. Being informed on what is permitted on the Myosyn platform can help you avoid unintentionally breaking the rules and helps create a safe, trusting, and reliable community. Please read the following Terms carefully:
2. Content on the Site
3. How the Services Work
4. Cook Commitments
6. Eligibility and Access of Users
7. Social Network Sites
9. Copyrighted Materials: No infringing Use
11. Email and Mobile Text Messaging Terms
12. General Prohibitions
14. Dispute Resolution
16. Feedback from our Users
17. Governing Law
2. Content on the Site
The Site contains the following Content:
2.1. “Myosyn Content” which means Myosyn proprietary content, including but not limited to, Myosyn trademarks, logos and other intellectual property made available through the Site and Services, excluding Third Party materials. The Site, Services, and Myosyn Content are protected by intellectual property laws in Canada and other countries.
2.2 “Cook Content” which means any and all information and content that a Cook submits to, or uses with the Site or Services. As a Cook, you are solely responsible for your Cook Content, including information you are required to provide regarding the ingredients you use in your Meals. Myosyn provides a space for Cooks to list their Meal’s ingredients. Any omission by a Cook regarding the ingredients or other information in the Meal is solely the responsibility of the Cook. By using the Site or Services, Cook grants Myosyn the right to display, and otherwise make available their Content.
2.3 “User Content” which means any and all information and content that a User submits to, or uses with, the Site or Services. By using the Services, you hereby grant Myosyn the right to display your Content.
For Cooks and Users
You retain ownership of any content you submit to the Site or through the Services. However, by submitting your Content to Myosyn, you hereby grant Myosyn the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
• to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode your Content to appropriate media formats, standards or mediums as part of the services Myosyn provides;
• to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display your Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
• to use your Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your Content in any media format or medium and through any media channels.
By submitting Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your Content to others: (i) the nonexclusive licence to access your Content through the Site or Services; (ii) if permitted, the ability for users to rate, review and comment on your Content; (iii) if permitted, the ability for users to send and distribute your Content; and (iv) the non-exclusive license to users to use, reproduce, distribute, remix, prepare derivative works and compilations of, display and perform your Content as permitted through the functionality of the Site and Services and under these Terms. Please keep in mind though that even if you delete your Content from the Site or Services, it may still exist in backup copies or copies made by third parties prior to deletion.
3. How the Services Work
Myosyn serves as an online marketplace, intended to allow users to sell and purchase certain goods. Myosyn is not directly involved in the sale and purchase of such goods. Myosyn is a forum which facilitates interactions between those website users who agree to comply with Myosyn’s terms and policies and the law.
Myosyn is in no position to measure or control the quality or safety or moral or legal value of goods offered for sale on its website. Myosyn does not warrant the truth or accuracy of any representation made with respect to such goods, including whether the Cook is able to provide the goods. Nor can Myosyn vouch for the ability of any prospective purchaser of goods to pay for the goods. Myosyn assumes no responsibility to screen users of its web, other than as provided for elsewhere in these Terms. Myosyn cannot and will not ensure that any transaction for the purchase and sale of goods facilitated by this website will be completed.
Myosyn takes no part in the transfer of ownership of goods advertised on the Site.
Myosyn cannot and does not guarantee the identity, profile information, or location of any user. For that reason, Myosyn recommends that Cooks and purchasers communicate directly using the tools provided by the Myosyn Site and Services. All users agree to exercise caution and good judgment in making use of the Myosyn marketplace.
Myosyn’s responsibilities are limited to (i) facilitating the availability of the Site and Services. Nothing contained in this Agreement shall be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the Cook and Myosyn. Except to the extent Myosyn specifically authorizes the Cook in writing to do so, the Cook shall neither act nor purport to be acting as the legal agent of Myosyn, nor enter into any agreement on behalf of Myosyn or otherwise bind or purport to bind Myosyn in any manner whatsoever.
With respect to any purchase made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorized credit or debit card or other payment method; (ii) you are solely responsible for identifying and selecting the product you wish to purchase; (iii) your payment will be charged to the credit or debit card or other payment method you use through Shopify; and (iv) subject to individual Profile policies, your purchase is final and non-refundable.
Listing Description: Every item listed as ‘enabled’ in your Myosyn account, with the appropriate time and quantity, must be for sale. By listing an item as ‘enabled’ on the Site you warrant that you and all aspects of the item comply with Myosyn’s Terms. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Myosyn Profile or Menu. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately
and completely describe the item/items for sale in that listing. Each unique item must have its own listing. Where appropriate, conformity with legal labeling requirements must be reflected in an item description.
Profile Policies: All Cooks are urged to outline Profile policies for their Myosyn profile. These policies may include, for example, quantity, payment, and selling policies. Cooks must create reasonable policies in good faith and must abide by such policies. All Profile policies must comply with Myosyn site-wide policies. Cooks are responsible for enforcing their own reasonable profile policies. Myosyn reserves the right to request that a Cook modify a profile policy.
Binding Sale: Cooks are responsible for accurately listing their items, and Users are responsible for reading the description of items before making a purchase. All sales are binding. The Cook is obligated to deliver the order or otherwise complete the transaction with the User in a prompt manner, unless there is an exceptional circumstance, such as: (a) the User fails to meet the terms of the Cook’s listing (such as payment method), or (b) the Cook cannot authenticate the User’s identity. The Cook is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
4. Cook Commitments
By participating as a Cook, you represent and warrant:
(i) that the information you submit to us or post on the Services regarding your meals are true and accurate;
(ii) that you make the Meals available to Users in accordance with the information you provide, at the times, prices, quantity and locations specified;
(iii) that you comply with all applicable industry and local laws and standards;
(iv) that you shall take all necessary precautions to protect the safety of the User and the integrity of User information;
(v) that you will not accept any gratuity or require additional payments not listed on the Site and Services; or
(vi) not solicit Users to circumvent any fees that are paid or would be payable to Myosyn.
Where a Cook has accepted a request for a Meal from a User, the Cook agrees that it must notify Myosyn and the User promptly if Host becomes aware that it will be unable to provide the Meals requested at least twenty-four (24) hours prior to the date and time that the Meals were scheduled. No amounts will be paid to Myosyn in relation to such cancelled Meals, and failure to comply with this provision may lead to closure of the Cook’s account, and termination of the Services.
6. Eligibility and Access of Users
The Site, Services and Myosyn Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and Myosyn Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and Myosyn Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and Myosyn Content.
In order to use certain current or future portions or functionalities of the Services, Users are required to register for a user name and password (creating a “Myosyn Account”). Users who wish to become Cooks must sign up to a separate Account. Myosyn reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Myosyn’s sole discretion and without any liability to you.
You are responsible for maintaining the confidentiality of your Myosyn Account in order to use the Services, and are fully responsible for all activities that occur through your Myosyn Account. You agree to notify Myosyn immediately of any unauthorized use of your Myosyn Account or any other breach of security with respect to your Myosyn Account. Myosyn will not be liable for any loss or damage arising from unauthorized use of your Myosyn Account prior to you notifying Myosyn of such unauthorized use or loss.
You agree to provide accurate, current, complete and non-misleading information to Myosyn in connection with your creation of a Myosyn Account and during your use of the Services. Myosyn reserves the right to suspend or terminate your access to the Site and/or Services if any information provided to Myosyn in connection with your Myosyn Account or use of the Site and/or Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated with your Myosyn Account are returned as undeliverable, Myosyn reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the Myosyn Application to access or use third party services to which you do not have the right to access.
If you are not a registered Myosyn User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to Myosyn Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a Myosyn Account may be required for access to certain Services).
7. Social NetworkSites
The Services may allow users to connect with various SNSs (e.g. Facebook). By connecting your SNS account, you represent that you are entitled to grant us access to your SNS account without breach by you of any SNS terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Myosyn access to your SNS account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your SNS account (“SNS Content”) accessible through the Site and Services so that it is available on your Account. Unless otherwise specified in the Terms, all SNS Content will be deemed your User Content (as defined below) for all purposes of the Terms. Please note that your relationship with each SNS is governed solely by your agreement(s) with such SNS. Myosyn makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Myosyn is not responsible for any SNS Content.
9. Copyrighted Materials: No Infringing Use
You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
(a) Cook Compensation. The Site enables Cooks to connect with and provide food and food-related services to Users. Since each Cook is solely responsible for all out-of-pocket costs involved with each Meal, the Site enables Cooks to set a per-portion price for their Meals. Each User will pay for such Meals. By purchasing such Meals, you agree that your payment card or other payment means may be charged for the full amount of the price. A portion of your payment may be remitted to cover any Myosyn fees, with the remainder to the Cook. Contributions are non-refundable.
(b) Myosyn Fees. Joining the Site, creating an Account and creating and searching for Meals are free. Myosyn does, however, charge a fee to Cooks and Users for using the Services upon checkout, which we may change from time to time. Changes to the fees are effective after we provide you with at least thirty (30) days’ notice by posting the changes on the Site. Myosyn may choose to temporarily change the fees, waive the fees or offer discounts for the Services, promotional events or new services (“Discounts”), which may be subject to additional terms and conditions.
(d) Payment Information. All payment information that you provide in connection with the Services must be accurate, current and complete. By attending any Event, you authorize your payment card to be charged in accordance with this Section. You represent and warrant that you have the legal right to use any payment card(s) or other payment means used to pay any contribution. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Myosyn from any and all taxes, including sales tax, based on any payments made by you in connection with the Services.
11. Email and Mobile Text Messaging Terms
The following terms apply to everyone who receives an e-mail message and/or text message (SMS) from Myosyn or sends other Users an SMS. When you purchase a Meal, you are expressly consenting to receive e-mail messages on behalf of Myosyn, containing information about your Meal and delivery details, in the following manner (the “Email Services”):
• If you are a Cook you will receive an e-mail notifying you each time a User purchases a Meal, including User details such as the number of servings requested, and contact details (e-mail and cell phone number).
• If you are a User, you will receive an e-mail notifying you of the Meal you have purchased with details, such as delivery information, and Cook contact details (e-mail and cell phone number).
12. General Prohibitions
You agree not to do any of the following while using the Site, Services or Myosyn Content:
• Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Myosyn’s name, any Myosyn trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Myosyn’s express written consent;
• Access, tamper with or use non-public areas of the Site or Services, Myosyn’s computer systems or the technical delivery systems of Myosyn’s providers;
• Attempt to probe, scan or test the vulnerability of any Myosyn system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Myosyn or any of Myosyn’s providers or any other third party (including another user) to protect the Site, Services or Myosyn Content;
• Access or search the Services of Myosyn Content through the use of any engine, software, tool, agent, device or mechanism other than the software provided by Myosyn or other generally available third party web browsers (such as Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Mozilla Firefox, Safari or Opera);
• Use any meta tags or other hidden text or metadata utilizing a Myosyn trademark, logo URL or product name without Myosyn’s express written consent;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Myosyn Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Myosyn Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Solicit login information or access an account belonging to someone else;
• Use Myosyn to do anything misleading, malicious or discriminatory;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable industry law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
Under no circumstances will Myosyn be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. Myosyn is not responsible for any offensive, defamatory, obscene or other posting made through the Site and/or Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Myosyn’s sole discretion is inappropriate, objectionable or in violation of these Terms. Neither Myosyn nor any third party content provider shall assume or have any liability for any action or inaction by Myosyn or any third party content provider with respect to any conduct, communication or posting on the Site and/or Services. Myosyn is a mere conduit for the User Content that is displayed on the Site. Myosyn plays a subordinate role in the dissemination of such User Content and in no way acts as a “publisher” of the same.
Myosyn or any other third parties or the Site or Services.
14. Dispute Resolution
You agree to work in good faith to resolve any dispute that may arise under this Agreement. If such negotiations do not resolve the dispute to the satisfaction of both parties then Myosyn will refer the matter to a mutually agreed upon mediator, who will meet with the parties to the dispute and attempt to reach a mutually agreeable binding resolution of the dispute. Such mediation will be performed pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. The place of mediation shall be Toronto, Ontario, Canada. The language of the mediation shall be English. Notwithstanding the foregoing, and notwithstanding any termination of this Agreement, each Party shall have the right to pursue any right or remedy available to it in law or in equity.
You hereby expressly and irrevocably release and forever discharge Myosyn, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services, including by the purchase and consumption of foods and food-related products.
For greater certainty, everyone who offers food or other goods for sale through Myosyn represents and warrants to Myosyn that it is and will remain at all times in compliance with all laws, including federal and provincial legislation, regulations made pursuant to such legislation, municipal by-laws and regulations and the common law of the jurisdiction, applicable to it in the jurisdiction in which it resides in respect of, among other things, the production and labelling of its products and all relevant health and safety considerations.
In no event shall Myosyn be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) one hundred Canadian dollars (CDN$100).
Disclaimer of Warranties
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY MYOSYN ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYOSYN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MYOSYN DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, MYOSYN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MYOSYN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. BY USING MYOSYN SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. MYOSYN DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF MYOSYN ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, MYOSYN DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND MYOSYN, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
16. Feedback from Our Users
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org You acknowledge and agree that all Feedback will be the sole and exclusive property of Myosyn and you hereby irrevocably assign to Myosyn and agree to irrevocably assign to Myosyn all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights and other proprietary or intellectual property rights.
17. Governing Law
This Agreement will be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
The Services are offered by Myosyn Inc. located in Toronto, Ontario, Canada. You may contact us by sending us an emailing at email@example.com