The Taste of Algeria, LLC. is thrilled to have you as a customer, but in order to use our website (www.thetasteofalgeria.com, the “Website”) you’ll have to follow certain rules.
The Taste of Algeria, LLC. (hereinafter, “Taste of Algeria”) is a limited liability company organized under the laws of the State of California with a principal place of business located in San Jose, California.
- Accepting these Terms
Our Terms constitute a legally binding contract between you and Taste of Algeria. We are an online marketplace for authentic Algerian desserts.
The purpose of this contract is to set out your rights and responsibilities when you use the services provided by us, which we’ll refer to as the “Services” from now on. Our Services include our website, any mobile apps that we offer now or in the future, and any other services provided by us to you.
By clicking “Accept” upon creating your Taste of Algeria account and by simply using our Services, you are agreeing to these Terms. If you do not agree with these Terms, your only remedy is to not use or stop using our Services.
- Your Relationship with Taste of Algeria; Buyers and Sellers. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Taste of Algeria.
These Terms apply to both users who sell products through our Services (Taste of Algeria “Sellers”) and those who buy products through our Services (Taste of Algeria “Buyers”). Both Buyers and Sellers must create an account with Taste of Algeria and abide by these Terms, but Sellers are also bound by additional terms and conditions (the “Seller Terms”), which will be provided to prospective Sellers and are incorporated herein by reference.
If you’re a purveyor of Algerian desserts and are interested in becoming a Taste of Algeria Seller, please contact us at firstname.lastname@example.org .
- Your Taste of Algeria Account
You’ll need to create an account with us to use most of our Services. Certain rules apply to your account, including the following:
- You Must be 18 or Older to Use Our Services. If you are under the age of 18, you may only use our Services under the supervision of a Parent or Guardian.
- You Must Provide Truthful Information About Yourself. Don’t provide false information or impersonate another person or company with your account.
- No Offensive Usernames. Your account username can’t be offensive, vulgar, or obscene, and it can’t infringe someone else’s intellectual property rights.
- You Are Responsible for Your Account. When you put your name and billing information on your account, it means that you are personally responsible for all activity on that account, even if the account is shared with others. If you are managing an account for a business entity, then by registering the account in your name you are personally warranting that you have the authority to agree to these Terms on behalf of that business. You are also responsible for protecting the security of your account by selecting a strong password, keeping that password safe, and changing it periodically. Remember, any activity on your account, including billing, is your responsibility.
- Your Account is Not Transferable. You aren’t allowed to sell, give, or assign your account to someone else.
- Community Areas of Taste of Algeria and Your Content
Our Services may include certain interactive features and community areas that you can use as a customer of Taste of Algeria. For example, when you purchase food through our website, you’ll have the opportunity to leave a review. Other such features include or may include, but aren’t limited to, user comments, messaging between customers and Taste of Algeria Sellers, messaging between Buyers and Taste of Algeria employees, profile pictures and information, usernames, and other text, images, video, and other content provided by you while using our Services. As Taste of Algeria grows, these community features may grow and change, but for the purposes of these Terms, “Your Content” means anything that you have added, contributed, provided, or posted to or through the use of our Services.
a. Responsibility for Your Content. Simply put, we are not responsible for Your Content. You are. You understand that you are solely responsible for Your Content and represent that you have all necessary rights to it and that you’re not infringing or violating the rights of any third party by posting it to our website, app, or any other feature or area of our Services.
- Permission to Use Your Content. We don’t take any responsibility for Your Content, and we don’t claim to own it, but by posting it through our Services, you are giving us your permission to use it in any manner.
- The Rights You Grant Taste of Algeria. By posting Your Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works from Your Content for the purpose of providing our Services, in any manner, format, and through any channel, including throughout our Services, third-party websites or services, and any advertising platform or medium.
By granting us this license, you’re helping to build Taste of Algeria and make it better for users like yourself. For example, you’re giving us permission to use positive reviews to promote our Sellers’ products, either on our website or in an ad, and to translate your reviews or descriptions into other languages, making Taste of Algeria more accessible and robust.
- Unauthorized Content. We take the intellectual property rights of others very seriously. Taste of Algeria is committed to complying with all applicable laws and procedures to ensure that infringing content is removed from our Services. If content that you own or have rights to has been posted to our Services without your permission and you would like it removed, contact us at email@example.com. If Your Content is found to be infringing someone else’s intellectual property rights, we will remove it upon the receipt of proper notice and notify you that it has been removed.
- Prohibited Content. At Taste of Algeria, we take the safety, security, and well-being of our customers and service providers very seriously. Certain types of content may not be posted to Taste of Algeria on legal and moral grounds. You agree that you will not post any content that is illegal, abusive, threatening, vulgar, obscene, or that discriminates against anyone based on race, ethnicity, gender, sexual orientation, national origin, or which is otherwise in violation of our Nondiscrimination Policy, below. You also agree not to post any content to our Services that is false, misleading, fraudulent, or deceptive.
- Our Intellectual Property Policy. You agree to abide by the policies and procedures found in our Intellectual Property Policy, which is deemed to be incorporated herein by reference.
- Your Use of Our Services
We grant you a limited, revocable, non-exclusive, non-transferable license to use our Services subject to these Terms in general and the following restrictions in particular:
- You Must Obey the Law. You may not use our Services in connection with any violation of local, state, federal, or international laws that apply to you. This includes the commission of any crime against Taste of Algeria, any other The Taste of Algeria user (including Buyers and Sellers), or any third party. You also agree not to interfere with or try to disrupt our Services or our computer systems by any use of malicious computer code.
- You Must Pay Your Bill. You agree that you are responsible to pay all fees that you owe to us, in accordance with our Fees and Payment policies, set out below. You are also solely responsible for paying any taxes that may apply to purchases made through our Services.
- Respect Our Intellectual Property. You agree not to reverse engineer or attempt to gain access to the source code of our Services. You also agree not to use any manual or automated method of copying data from our Services, including “scraping,” “spidering”, or “crawling” any page of the Services. The data we present through the Services is intended for use within the Services only. You are not authorized to reproduce or use any data, content, or code taken from our Services (except for Your Content) without express written permission from us.
- Fees and Payment
Our Services allow Buyers to purchase food products from Sellers through our Services. Sellers are Taste of Algeria users, like you, and are third parties who form a contractual relationship with us to sell their products through our Services. We charge our Sellers a Service Fee to use our Services, which is a percentage amount of the retail price of each product. The Service Fee is negotiated between Taste of Algeria and each Seller as part of their application process.
- Termination of Your Account by You. You may cancel your account with Taste of Algeria at any time from your account settings page. You will still be responsible for paying any outstanding fees or payments due to us, and termination of your account will not remove any of Your Content that you previously posted to the Services.
- Termination of Your Account by Us. We reserve the right to terminate or suspend your account(s) and any related account(s) at any time, for any reason, and without prior notice to you. You do not have a right, contractual or otherwise, to use our Services. We may refuse service at any time, to anyone, for any reason.
Regardless of how your account with Taste of Algeria is terminated, you may lose any and all information associated with that account, including Your Content.
c. We May Discontinue the Services. We reserve the right to change, suspend, discontinue, or terminate any of the Services at any time, for any reason. You agree that we will not be liable to you for any loss you suffer, financial or otherwise, as a result of any such changes, discontinuation, or termination of the Services.
- Survival of This Agreement. These Terms will survive any and all termination of your account or any change, suspension, or discontinuation of the Services. This means that the Terms will remain and effect and be binding on you even after you cease using our Services or the Services cease to exist.
- Disclaimers, Limitation of Liability, and Disclaimers of Warranties
Taste of Algeria makes no warranties about and will not be legally liable to you for the following:
- Products Purchased Through Our Services.
Taste of Algeria is merely a venue and a platform for the purchase and sale of food products.
You understand, by agreeing to these Terms, that we do not perform, oversee, inspect, produce, or certify the products offered through our Services. We provide the venue; products in our online marketplace are offered and sold directly by Sellers. The Sellers who offer products in our marketplace are not Taste of Algeria employees. We do not control or supervise them beyond the terms of the contractual relationship that allows them to sell their products through our Services. Therefore, we cannot and do not make any warranties about the quality, safety, or even the legality of Sellers’ products.
You release The Taste of Algeria from any claims related to products sold through our Services, including for defective, ineffective, or unsatisfactory products, misrepresentations by Sellers, and physical injury caused by or resulting from Sellers’ products, directly and indirectly.
- Food Safety. Food is perishable, and the production, preparation, and sale of food products carry with them inherent risks. While Taste of Algeria employs commercially reasonable efforts to ensure our Sellers’ compliance with food safety standards and applicable food safety laws, the risk of contamination, spoilage, and illness caused by such factors cannot be entirely avoided.
As such, Taste of Algeria makes no warranty of any kind as to the safety of the food products sold through our marketplace (for further information on relevant disclaimers, see the Disclaimer of Warranties section, below). You are solely responsible for inspecting all products you receive from our Sellers for any damage, spoilage, or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. To maintain the quality and integrity of Sellers’ products, we recommend that you immediately refrigerate all perishable products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here.
Taste of Algeria is not directly involved in the preparation, handling, or shipping of food products sold by Sellers through our Services, and we cannot warrant the freshness or safety of those products.
- Interactions with Other Users. You may also use our Services to interact with other users of Taste of Algeria. We do not screen users in any way. You release us from all liability relating to your interaction with other users on our Services.
- Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. Taste of Algeria makes no representations concerning any content posted by users through the Services. We are not responsible for the legality, accuracy, decency, or intellectual property law compliance of any content posted to the Services by users. You release us from any and all liability arising from or relating to that content.
- Food Allergies. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT OUR SELLERS STORE, PORTION, AND PACKAGE PRODUCTS CONTAINING MOST IF NOT ALL OF THE EIGHT (8) MAJOR U.S. ALLERGENS (INCLUDING, BUT NOT LIMITED TO, MILK, WHEAT, EGG, SOY, PEANUTS, AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
- Interactions with Sellers. You may use our Services to interact with our Sellers. Everyone who becomes Taste of Algeria Seller goes through an application process, during which we screen for certain criteria related to their suitability and compatibility to use our Services, but we cannot and do not make any representations as to their professional integrity, legal, ethical, and criminal history, social acumen, financial status, legal or regulatory compliance, or any other aspect of their personal or professional lives. You release us from all liability relating to your interactions with our Sellers. Please use common sense and caution when interacting with any seller or business person.
- Third-Party Services. Our Services may contain links to third-party websites or services that we don’t control or own. Examples of such third-party services include links to social media websites like Facebook, Twitter, and Instagram, as well as links to the private websites of our Sellers. You may also use certain products or services in order to access our Services, such as your computer or mobile device. You use all of these third-party services at your own risk. You may be required to accept terms and conditions to use third-party services. Those terms and conditions are solely between you and the third party; we are not a party to them.
Disclaimer of Warranties
TASTE OF ALGERIA IS COMMITTED TO MAKING OUR SERVICES THE BEST THAT
THEY CAN BE, BUT NO ONE IS PERFECT, AND WE CAN’T PROMISE THAT WE’LL ALWAYS GET IT RIGHT. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, A COURSE OF DEALING, OR USAGE OF TRADE.
We neither can nor do guarantee that the Services will be complete, secure, or available at any time or location, that any defects or errors will be corrected, that the Services will be free of viruses or other harmful materials, or that the results of using the Services will meet your expectations. At all times, you use the Services solely at your own risk. In jurisdictions that do not allow limitations on implied warranties, the above limitations may not apply.
Limits of Liability
To the fullest extent provided by law, neither Taste of Algeria nor our employees or managers shall be liable to you for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. Our aggregate liability for damages shall never exceed one hundred U.S. Dollars ($100) or the amount you paid to us in Service Fees over the last twelve months. In jurisdictions that do not allow limits on incidental or consequential damages, the above limitations may not apply.
If we are ever sued for something you did, you agree to defend us and indemnify us. This means that you will defend Taste of Algeria and our employees and hold us harmless from any legal claim or demand, including reasonable attorneys’ fees, that arises from your actions, your use or misuse of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
Even though you are indemnifying us, we reserve the right to handle our legal defense however we see fit, and you agree to cooperate with us in mounting our chosen defense.
- Disputes with Sellers and Other Users
We encourage you to resolve any disputes with Sellers by reaching out to them and making your best efforts to resolve things amicably.
If you’re unable to resolve a dispute on your own, you may contact us and request our assistance. Taste of Algeria will make a good faith attempt to help you resolve your differences with the Seller in question. In doing so, we will rely on our own interpretation of our policies, these Terms, and the agreement that exists between us and the Seller. What assistance we offer remains in our own absolute discretion. We have no obligation to resolve disputes between our users and Sellers, and we make no promises that you will receive a result in your favor, including any refund or compensation when we help you resolve a dispute. We will not make judgments regarding legal issues or claims.
- Disputes with Taste of Algeria
If you’ve encountered a problem using our Services, please let us know and we will do our best to resolve it. If we can’t work things out, then the following rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of the [JURISDICTION HERE], without regard to its conflict of laws rules, and the laws of the United States of America, regardless of where you live, work, or use our Services.
- Arbitration. The parties to these Terms (you and The Taste of Algeria) jointly agree that any dispute or claim arising from or relating to the Terms or the Services they cover shall be settled by arbitration, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (which are deemed to be incorporated herein by reference). The arbitration shall be handled by a sole arbitrator in accordance with those rules, and shall be conducted in the English language. The arbitrator’s judgment shall be binding on both parties and may be entered in any court that has jurisdiction. Any arbitration occurring under these Terms will be conducted on an individual basis, meaning that class arbitrations or class actions are not permitted.
By agreeing to these Terms, you and Taste of Algeria are each waiving the right to a trial by jury or to participate in a class action. That waiver notwithstanding, each party shall, however, have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief while the arbitrator’s final decision is pending. This means that, while we can’t sue each other in court for monetary damages, we each retain the right to bring an action requesting that a court compel the other to comply with these Terms or take (or cease and desist from) some other action that is equitable and just.
- Forum. Any legal action, including the aforementioned arbitration, against Taste of Algeria related to these Terms must be filed and take place within the [JURISDICTION HERE]. If there are any actions that are not subject to arbitration, the parties agree to submit to the jurisdiction of a state court located in Buncombe County, North Carolina, or the United States District Court for the Western District of North Carolina.
The provisions of this section 13 shall survive this agreement.
We reserve the right to modify these Terms at any time, without notice to you. However, we’ll do our best to keep you updated by posting notices of changes to the Terms to our Services. Ultimately, however, you understand that it is your responsibility to be aware of these Terms (and your obligations under them) in their most current form, so please check back here regularly. We will post all updates to the Terms in this space.
- Miscellaneous Legal Provisions
The Terms, including all policies and other documents incorporated by reference in the Terms, supersede any other agreement (oral or written) between you and Taste of Algeria regarding the Services, and embody the entire agreement and understanding between the parties relating to the Services.
The Terms are intended to be severable, meaning that if any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms does not constitute a waiver of our right to later enforce that or any other part of the Terms.
Taste of Algeria may assign any of its rights or obligations under the Terms.
The headings used throughout the terms are intended for convenience and description only, and shall not control or alter the meaning of the Terms contained within the text.
- Contact Information