Terms and conditions

TERMS AND CONDITIONS

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy constitute the entire Agreement between maku.global, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (hereinafter referred to as “maku.global”, “we” “our” or “ours”) and you (hereinafter referred to as “You”,  “the User”, or “Your/s”), collectively referred to as “the Parties” and individually as “Party”. These Terms govern Your use of the Website maku.global  (the “Site”), as well as all related Services provided by maku.global (the “Service”).”

By using our Website and its’ affiliated services, you acknowledge and declare that you have read and agreed to these terms and conditions. As we may update these terms from time to time, we encourage you, to review this page once in a while. If you disagree to our terms and conditions and/ or our privacy policy, please do not use our services. If you have any questions, please do not hesitate to get in touch with our support team at [email protected].

Maku.global (https://maku.global) is a marketplace where people can buy and sell homemade meals online. Meals are made by a variety of home chefs which are hand-selected by our company (Eat.in Oy) and under current supervision for quality and hygiene, as described herein. Buyers can also purchase catering, event and other food related services online or through sending any other form of inquiry.

PRIVACY AND COMMUNICATIONS

By accepting these terms and conditions and therewith our Privacy Policy, you acknowledge and agree that maku.global may send You e-mails related to your account and/or the Service you chose to use. You further agree that at maku.global, we may use any pictures provided to us for the purpose of advertising products and therewith our Services unless and until you tell us in writing not to do so.

Some features at maku.global’s system enables you to connect with a third party. Any such connection includes the transfer of personal data from your maku.global account to the third party. Whenever such connection is created, and data will be transferred to a third party, we will inform you prior to that. A data transfer will occur only after you consent your approval of such and will follow the rules and regulations of our Privacy Policy. Please note that this transfer happens under your own responsibility.

By agreeing to our terms and conditions and our privacy policy, you also agree not to disclose your username or password to anyone else. If there has been a disclosure of any of this information, you shall promptly notify us of such disclosure so that we can take appropriate security measures.

ACCOUNTS, PASSWORDS & SECURITY

In order to access and make use of our Services, you must be a registered User. You are responsible for keeping your password secure, and you are solely and strictly liable for any activity that occurs under your user name. By agreeing to these terms and therewith our Privacy Policy, you agree to refrain from accessing, or attempting to access, other User’s accounts and/or data.

DATA STORING & PROCESSING

All data stored and/ or processed through and by maku.global is subject to our Privacy Policy.

All data files uploaded to maku.global are uploaded on your own risk and responsibility and may be shared with other users.

By agreeing to these terms of service and our Privacy Policy, you agree and acknowledge your understanding of intellectual property rights, copyrights and all other rights that may exist of any third parties, and you declare and assure not to upload any content to your account that is of exclusive nature or requires a license to be used. Against this backdrop, you guarantee that all content used and provided for is free of copyright or other intellectual property rights of any third party. You guarantee that you are in possession of all consents and all approvals for all data uploaded. Against this backdrop, you declare to be the rightful owner on all pictures provided to and for the purpose of advertising home cooked meals at maku.global.

ACCEPTABLE USE AND CONDUCT

We at maku.global are always trying to keep our reputation high by delivering a great Service and being tentative to our customers. And with respect thereto, we recognize that it is not only our but also the task of our customers to spread a good word.

Therefore, we discourage certain types of senders and behaviours in the Email communication in order to make sure, our platform is and will be kept safe and our deliverability high.

To be specific, we may not allow the following businesses or types of services:

  • sending Emails that offer illegal goods or services
  • emails that violate any Laws
  • multi-level or Affiliate marketing
  • the display of pornographic/ sexual content
  • offers to gamble
  • opportunities to improve your financial status and/ or minimize your debt count
  • advertising meals not cooked by you
  • selling and/or advertising “Likes” or followers for a social media platform
  • any other Emails or any other form of Communication on our Website or through our Software Services that we find, in our sole discretion, hurt our reputation directly, or has the ability to do so

If we have proof or a good reason to believe that You undergo activities which are harmful to our reputation (listed or not listed above), we reserve us the right, here at maku.global, to block your account until and unless we are credibly convinced that your actions do not opt or do not in any way tend to harm our reputation.

DISCLAIMER OF WARRANTIES

We at maku.global represent and warrant that:

  1. We will perform our Services with reasonable care and skill; and
  2. the Services and the Materials provided by us to you under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.

The Services provided by maku.global are provided „as is“, and you use them at your own risk and at your own responsibility. Maku.global disclaims all warranties, including without any limitation, the warranty of fitness for a particular purpose and the warranty of non-infringement.

The “as is” condition of our Services also bear upon the use of plugins. The use of plugins is subject to availability and maku.global does neither guarantee nor warrants for the functioning or availability of these plugins. Plugins may be removed at any given point in time without giving prior notice.

We at maku.global do our very best to keep the Services bug-free and safe, however, we do not warrant for continuous bug-free performances. Neither do we warrant or guarantee that our Services will be performed error-free, or virus-free at all times. By agreeing to these terms of service, you agree, not to make any claims based on our failure, irrespective or fault, to provide bug-free, error-free and/ or virus-free Services.

LIMITATION OF LIABILITY

In no event shall either party be liable for any consequential, indirect, incidental, punitive, or special damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like, arising out of this agreement, even if such party has been advised of the possibility of such damages.

As a User of the Internet, you bear the risks associated with the use of the internet. With respect thereto, you will be solely responsible for any damage done to your computer or your data that results from your activity. In no event can maku.global be held liable for such damage.

Nothing in this Clause will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.

FOR BUYERS

After successfully registering at maku.global, buyers are able to order food online which will then be delivered to their home addresses. Buyers can also pick-up from the home chef or coordinate arrangements that suit both parties.

As we work on a pre-order system, you will have to check each individual product for its’ details such as last order date and delivery/ pick up date. If you wish to buy an item(s), simply add the item(s) of your choice to your cart and check out. Last orders are typically taken 1-2 days before pick-up or delivery date. Delivery is currently available in Helsinki, Vantaa and Espoo. You can also pick up directly from our home chefs.

FEES

The amount to be paid to maku.global depends on the product you chose. As a buyer you will not have to pay for using our website services but only for the item(s) you wish to purchase. The price of each item depends and may vary over time. You can find the price to each meal/ food right next to the picture of the individual product.

After placing an order, you will be asked to pay for your purchase.

We at maku.global accept bank wire or credit card payments, using the external payment service  Checkout.Fi; please find Checkout.Fi’s Privacy Policy here.

At maku.global we do not have a uniform refund policy but handle refunds on a case by case basis. If a customer opens a service dispute, once of our representatives will work directly with the buyer and seller and opt to find a swift resolution.

In the event of food poisoning which can accurately be traced and correlated to the home chef who the specific meal/ food that led to the food poisoning, maku.global will immediately process a refund. However, maku.global cannot be held liable for any harm done by the poisoning.

FOR VENDORS

At maku.global, our sellers are hand-selected. If you are interested in selling your home-cooked food on maku.global, we will invite you to conduct an interview with us. If you pass that interview successfully, we will conduct a hygiene check, and quality control process. Priority is given to home chefs who already hold an Evira Hygine Pass. However, for talented chefs who already adhere to excellent hygiene standards, we allow them to have 12 days of sales prior to obtaining an Evira Hygine Pass, which is legal for a pop-up according to Finnish law. However, if you do not have an Evira Hygine Pass prior to selling your meals/ food on our website and fail to obtain once within 12 days of sales, maku.global will block your account until and unless an Evira Hygine Pass is obtained. For more information on the Evira Hygine Pass please see the link below:

https://www.evira.fi/en/foodstuff/manufacture-and-sales/food-business-operation/low-risk-level-is-a-requirement-for-pop-up-restaurants/

As a seller, you are required to follow the hygiene and food laws of Finland, as well as the city in which you operate in. Once we approve you as a seller, you can begin to advertise your products on our website.

FEES

If you use maku.global as a seller, we will take a percentage of of your gross sales. The remaining funds will be paid to you on a weekly basis. As a home chef, you are required to make a payment request to an email address which is provided to sellers in order for us to process your payment. A payment request can be made once a week.

In the event of food poisoning, maku.global reserves the right to retain any funds paid by the customer to you as a seller, if the food poisoning is traceable and evidently related to the meal/ food provided by you.

TERM AND TERMINATION OF SERVICES

This Agreement shall be effective once you signed up to using the services provided by maku.global and shall continue until terminated by either party.

Either Party may terminate this Agreement upon notice in writing if:

  1. the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
  • a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.

Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

We at maku.global reserve the right to terminate your account at any time and for any reason so long as permitted by law. Accordingly, we may, but have no obligation to, remove accounts and content containing what we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material, harmful to maku.gobal’s reputation in any way. In the event of termination, you will lose all data related to your account and you will not be eligible for any form of remuneration. You may terminate your account at any time.

INTELLECTUAL PROPERTY

We do not claim any intellectual property right over the data provided by you. Vice versa, you acknowledge that maku.global owns the full title, all rights and interest in and to the Service, as well as on all associated Services offered. If any third-party intellectual property rights are used and displayed in correlation with our Website, and all related Services.

ENTIRE AGREEMENT

This Agreement embodies the entire agreement of and between maku.global and you with regard to Service Level, and Service Provision, and no representations, warranties, agreements, understandings, verbal or otherwise, exist except as herein expressly set out.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless maku.global from all damages, liabilities, claims and expenses, including without limitation any occurring attorneys’ fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless maku.global from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

FORCE MAJEURE

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

If any Party is prevented or delayed in performing any obligation under this Agreement for any reason beyond the reasonable control of that Party, then that Party shall be excused from performing or timeously performing that particular obligation for the duration of that prevention or delay. Any Party so prevented or delayed shall inform the other in writing of that prevention or delay as soon as reasonably possible after the circumstances causing such prevention or delay has arisen.

The Parties shall do everything reasonably possible to prevent, avoid or limit the duration or effects of any such prevention or delay. Upon termination of the circumstances giving rise to any such prevention or delay, the Party so prevented or delayed shall forthwith give written notice to the other Party. While any such prevention or delay continues, the Parties shall continue to comply with their obligations under this Agreement which are not affected by it, to the extent that they are able lawfully to do so, subject to the right of the other Party not prevented from 15 continuing with all its obligations under this Agreement to cancel this Agreement by giving written notice of such termination to the other Party.

PLACE OF JURISDICTION

This agreement is subject to the law of Finland. In the event of a dispute related in any way to or arising from your use of our Website and our Services, the dispute shall be resolved by the laws of the country of Finland.

DISPUTE SETTLEMENT

By agreeing to these Terms and Conditions and our Privacy Policy, you agree that the sole and exclusive forum and remedy for the resolution of disputes and claims shall be conducted and settled through cooperation with a maku.global representative.

In the event of any dispute or difference arising between the Parties out of, or in relation to, or in connection with this agreement, or the interpretation thereof, or its termination, both while in force and after its termination, the Party claiming such dispute or difference shall forthwith advise the other in writing thereof.

Should the Parties fail to resolve such dispute or difference through arbitration, either party  may seek injunctive relief in state or federal court located in the country of Finland, (a) concerning infringement, misappropriation or other violation by either party of the other party’s Intellectual Property Rights, and (b) maku.global may seek injunctive relief in state or federal court located in Helsinki, Finland concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

To the extent permitted by law, both Parties agree that each may bring claims against the other not as a plaintiff or class member in any purported class or representative proceeding. Both Parties further agree that no arbitration or claim shall be joined to other proceedings, or claims, including any other arbitration or claim, involving either party.

CONFIDENTIALITY

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one year after such claim or cause of action accrued or be forever barred.

SPECIAL ADMONITIONS

With respect to the global nature of the Internet, you agree to comply with all applicable laws of Your country of residence regarding the transmission of data exported from Your own or another country.

SEVERABILITY CLAUSE

If any clause or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.