Terms of Use

Last Updated: October 25, 2025

1. OUR SERVICE

We are TDM Corp. operating as The Gourmet Host (“TDM”, “The Gourmet Host”, “we”, “us”, “our” or terms of similar meaning), and we provide to you the GH Platform subject to these terms of use (“Terms”). The “GH Platform” or “Platform” encompasses (a) our proprietary mobile application software that helps (i) hosts plan dinner parties and other similar events; and (ii) recipe creators share recipes with hosts (the “Mobile Apps”); (b) any web application versions of the Mobile Apps (the “Web Apps”); (c) our website located at http://thegourmethost.com and other related pages or subdomains (the “Website”); (d) any other mobile or web applications that we have now or in the future, including but not limited to APIs, widgets, connectors, updates, new features, the recipes within the GH Platform; and (e) any other software provided by The Gourmet Host for use with the Mobile Apps or Web Apps or otherwise.

2. ABOUT THE TERMS

2.1 Application of the Terms. These terms of use (“Terms”) form a legally binding agreement which govern your access to and use of the GH Platform. Our Privacy Policy, any other applicable documents or policies, and any applicable acceptable use policy are also incorporated into these Terms by reference.

In these Terms, there are provisions which limit our liability and impose obligations on you. Please do take some time to read these Terms carefully, along with any other policies incorporated by reference before using the Platform. Please do not hesitate to contact us if you have any questions.

We will grant you a limited, non-exclusive, non-transferable and revocable license to access and use the GH Platform, but only if you agree to these Terms. If you are not eligible to be a User (defined below) or do not agree to these Terms, please do not use the GH Platform.

2.2 Modifying & reviewing the Terms. The Gourmet Host reserves the right to change or modify any of the Terms, at any time and at its sole discretion. We will always notify you if our Terms change, and our Terms will always show the “last updated” date at the top. Any revisions of the Terms will be effective immediately upon posting the revisions on the GH Platform. As you are bound by these Terms each time you use the GH Platform, you are responsible for periodically reviewing any amendments or modifications of these Terms and you are deemed to have accepted and agreed to such amendments or modifications by accessing and using the Platform after such amendments have been posted. If you do not agree with the amendments, you must immediately stop accessing and using the Platform and terminate your Account, pursuant to these Terms.

3. USER ACCOUNTS

3.1 Types of Users. As a user, you are either a: (i) Host; (ii) Recipe Creator; or (iii) both a Host and Recipe Creator (collectively, “Users”, and individually, a “User”). “Hosts” are those who browse recipes and plan meal events. “Recipe Creators” are those who create and share their recipes on the GH Platform for use by Hosts.

3.2 Who can be a User. You can be a User only if you are (i) over 18 years old or of the age of majority in your jurisdiction; (ii) if you can legally form a binding contract with us; and (iii) only if you agree to comply with these Terms and all applicable laws. You represent and warrant that you fulfill all the foregoing requirements to be a User.

In order to be a User, you must also create a GH Platform account (“Account”). If you create an Account on behalf of an organization (i) “you” and “your” includes both yourself and that organization; and (ii) you promise that you are authorized to bind your organization to these Terms, that you agree to these Terms on your organization’s behalf and that you are authorized to act and use the GH Platform on behalf of your organization.

3.3 Creating an Account. When you create an Account, you agree to provide accurate information for both yourself and your organization (if applicable), including but not limited to your name, your organization’s name (if applicable), e-mail address, physical mailing address, phone number, etc. You also must ensure that you and your organization’s information (if applicable) within the GH Platform is always accurate and up-to-date.

3.4 Account Approval. After you create an Account, your Account is approved in our sole and absolute discretion and such approval may be withdrawn at any time in our sole and absolute discretion with or without notification. You acknowledge that Account approval may be subject to certain identity verification and other authorization on an as-needed basis. 

3.5 User Obligations. All Users must agree to:

(i) Always use a valid email address;

(ii) Keep all passwords safe and not share their password with anyone else.

(iii) Use the GH Platform in accordance with IT security best practices;

(iv) Log out of the Platform when it is not in use;

(v) Not leave their computer or mobile device where the GH Platform can be accessed unattended;

(vi) Accept all risks of unauthorized access to their Account information or any other information provided to The Gourmet Host;

(vii) Take appropriate precautions when using the GH Platform in a public space;

(viii) Be responsible for all activity linked to their User Account, regardless of whether you authorized that activity;

(ix) Not share their Account with anyone else;

(x) Not transfer their Account to anyone else;

(xi) Not impersonate any person or entity when creating an Account; and

(xii) Inform The Gourmet Host immediately upon any unauthorized access of their User Account or login credentials, or any other breach of security

4. THE GH PLATFORM

4.1 License. Upon establishing a User Account with us and agreeing to the Terms, we hereby grant you a worldwide, non-transferable, non-exclusive, and non-sublicensable right to access the GH Platform in accordance with these Terms, but reserve the right to revoke said license and your access to the GHPlatform without cause or justification.

4.2 Relationships between The Gourmet Host, Hosts and Recipe Creators. The Gourmet Host is not responsible for and has no control over any relationships between Users who are Hosts and Users who are Recipe Creators. We are not responsible for your actions or the actions of other Users of the Platform (whether online or offline). 

4.3 Modification of the Platform. We may modify the GH Platform at any time without any notice and in our sole discretion. We may block or prevent your access to and use of all or any portion of the GH Platform without any notice and in our sole discretion. Where practical to do so, we will take reasonable measures to inform you if the GH Platform, or components thereof are being discontinued.

4.4 Platform Maintenance and Technology Limitations. We will make reasonable efforts to keep the GH Platform operational but technical difficulties and/or ongoing maintenance may result in temporary interruptions to the Platform. We do not guarantee the absence of interruptions nor shall you hold us liable for any damage such interruptions may cause. We reserve the right, at any time, to modify, suspend, or discontinue the Platform at any time, with or without notice. You also agree to cooperate with The Gourmet Host’s reasonable investigation of outages, security issues, and any suspected breach of these Terms.

4.5 Recipe Sources and Third-Party Software Integrations. If the GH Platform allows you to connect a recipe source or integrate third-party software, The Gourmet Host disclaims all responsibility and liability with respect to the contents and operation of that recipe source and operation and suitability of the third-party software for your purposes.

4.6 Fair Use. The Gourmet Host is committed to providing best-in-class service and value to all Users of the GH Platform. To this end, The Gourmet Host retains the right to impose limits on your usage of the Platform if we reasonably believe that your usage, including, but not limited to, data processed or generated is not consistent with normal, fair and reasonable use of the GH Platform. These limits may change from time to time, in The Gourmet Host’s sole discretion, and may be based on certain factors, either in the aggregate or on a per-feature basis. Where possible, we will use best efforts to give you written notice before taking any action to allow a reasonable period for you to modify your use or to transition to another service provider. 

4.7 Fees. Licenses to access and use the Platform via a User Account are issued and paid for either (i) by signing up directly on the Website and paying fees directly to The Gourmet Host pursuant to the fees, payment schedule and payment authorization terms that are presented to you at the time of sign-up; or (ii) purchasing the Mobile Apps on the Apple App Store, Google Play Store or similar mobile software application store and paying fees pursuant to the fee payment schedule and payment authorization terms that are present to you at the time of app download.

Whether you created an Account for free or paid for an Account, you agree that access to the GH Platform constitutes good and valuable consideration in exchange for you agreeing to these Terms, and other documents or policies that may be incorporated by reference.

4.8 Prohibitions on Information Entered. Throughout your use of the GH Platform, you will be prompted to enter various information including but not limited to, recipe names, ingredients, steps, recipe photos, guest names, guest contact information and other information into various areas (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas. While using the Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

(i) Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(ii) Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial national or international law;

(iii) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;

(iv) Content that breaches or infringes any third party’s privacy or personal information rights, including private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, unless expressly permitted by such third party;

(v) Unsolicited promotions, political campaigning, advertising or solicitations;

(vi) Viruses, corrupted data or other harmful, disruptive or destructive files;

(vii) Content used to probe, scan or test the vulnerability of the GH Platform, our servers, or service providers or our network;

(viii) Content that facilitates hacking or unauthorized access to or use of the GH Platform;

(ix) Content that interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence;

(x) Content that is unrelated to the topic of the Interactive Areas in which such content is posted.

4.9 The Gourmet Host Access. Upon request to The Gourmet Host in writing, you shall have the option to authorize The Gourmet Host to access your Account on the GH Platform in order to provide you with technical support.

5. RECIPES

5.1 Interpretation.

“Recipe Content” shall mean all data associated with a recipe, including but not limited to ingredient list, steps, procedure, commentary, photos and videos.

“Original Recipes” shallmean Recipe Content that you, as the Host, are the original author of and input into the GH Platform.

“Original Content” shall mean any content (including but not limited to photos, comments, text), that you, as the Host, are the original author of and input into the GH Platform.

“External Recipes” shall mean Recipe Content that you find outside of the GH Platform that are authored by third parties that you input into the GH Platform.

“External Content” shall mean any content (including but not limited to photos, comments, text), that are created by third parties that you input into the GH Platform.

“GH Platform Recipes” shall mean Recipe Content that are already available within the Platform, whether originally authored by The Gourmet Host or licensed by The Gourmet Host (including from third-party sources, from Recipe Creators or from Hosts).

“Recipes” shall mean Original Recipes, External Recipes or GH Platform Recipes collectively.

 “PII” or “Personally Identifiable Information” means personal information that can be used to identify an individual.

“Non-PII” or “Non-Personally Identifiable Information” means personal information that cannot be used to identify an individual.

 “User Data” shall mean PII and Non-PII of a User.

“Shared Recipes” means Recipes that a User shares with third parties and other Users.

5.2 Original Recipes. Any Original Recipes and Original Content shall be owned by you. Subject to any applicable Account settings or sharing settings you may select, you grant The Gourmet Host a non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense your Original Recipes and Original Content for any purpose directly or indirectly related to The Gourmet Host or the GH Platform, including but not limited to:

(i) providing you with the GH Platform and otherwise fulfill The Gourmet Host’’s obligations to you under these Terms;

(ii) Disclosing such Recipe as necessary to Third-Party Providers (hereinafter defined) as required to provide the GH Platform to you. 

(iii) Sharing such Recipe with other Users within the GH Platform and external to the GH Platform, in accordance with your Account and Recipe sharing settings. 

(iv) Improving the GH Platform.

(v) Marketing and promoting the GH Platform.

(collectively, the “Purpose”)

In connection with the exercise of these rights, you grant The Gourmet Host the right to identify you as the author of your Original Recipes, including your full name and username, as The Gourmet Host deems appropriate.

5.2 External Recipes. With respect to External Recipes and External Content, you acknowledge and agree that you are solely responsible for ensuring that you have all the necessary rights, permissions, and authorizations to (i) save, store or downloading an External Recipe and External Content into the GH Platform; (ii) modify or adapt such External Recipe and External Content; and (iii) grant The Gourmet Host a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, host, store, display, transmit, modify, publish, distribute and create derivative works of the External Recipe and External Content for the Purpose as set out above. You represent and warranty that your use of any External Recipe and External Content does not violate any intellectual property rights, privacy rights or other rights of any third party. Before saving, storing or downloading an External Recipe or External Content into the GH Platform, please take some time to review such External Recipe’s or External Content’s terms of use or licensing terms. 

5.3 GH Platform Recipes. With respect to GH Platform Recipes, all rights, title, and interest in and to the GH Platform Recipes, including all intellectual property rights therein, are owned by The Gourmet Host or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the GH Platform Recipes solely for your personal, non-commercial use within the GH Platform. Except as expressly permitted by The Gourmet Host, you may not reproduce, modify, distribute, publicly display, sell or otherwise exploit the GH Platform Recipes or any derivative works thereof. Nothing in these Terms shall be construed as transferring to you any ownership rights in the GH Platform Recipes. The Gourmet Host reserves all rights no expressly granted under these Terms.

5.4 Your Use of Recipes. The GH Platform Recipes and Shared Recipes are provided for informational and personal use purposes only. The Gourmet Host and its licensors do not guarantee the accuracy, completeness, or suitability of any GH Platform Recipes or Shared Recipes, including any nutritional information, cooking methods, or ingredient listings. You acknowledge and agree that any reliance on the GH Platform Recipes or Shared Recipes, including the preparation, cooking, or consumption of food based on such Recipes is entirely at your own risk. The Gourmet Host and its licensors make no representations or warranties, express or implied, regarding the safety, quality or outcome of any recipe or food prepared using the GH Platform. To the fullest extent permitted by law, The Gourmet Host and its licensors disclaim all liability for any injury, damage, or loss arising out of or in connection with your use or misused of any GH Platform Recipes or Shared Recipes, including but not limited to any allergic reactions, foodborne illnesses or other adverse effects.

5.5 The Gourmet Host’s Discretion. We may, but have no obligation to, remove any Original Recipe, External Recipe or Accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party rights or these Terms.

5.6 Third Party Service Providers

(i) You acknowledge that The Gourmet Host relies on best-in-class third-party service providers to provide you with certain aspects of the GH Platform (“Third-Party Services”), including but not limited to application and database hosting services (“Third-Party Provider”), which are subject to the terms, conditions and privacy policies of those Third-Party Providers.

(ii) While The Gourmet Host will use commercially reasonable efforts to ensure that all aspects of the GH Platform can be provided to you at all times, you acknowledge that the services provided by the Third-Party Providers are not within The Gourmet Host’s direct control. The Gourmet Host will use best efforts to resolve any issues with Third-Party Providers, but ultimately, you acknowledge that The Gourmet Host is not responsible for and does not warrant the availability, suitability, quality, timelines or conditions of the Third-Party Services and that you accept the GH Platform on an as-is basis.

(iii) You hereby release The Gourmet Host from all liability arising from its use of Third-Party Services and data that is transmitted through or stored by them. To the extent permitted by law, without limiting the generality of the foregoing, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions of Third-Party Providers.

5.7 Data Security. The Gourmet Host follows generally accepted industry standards to protect the information submitted to The Gourmet Host via the GH Platform, both during transmission and once received. For data transmission security, The Gourmet Host uses standard encryption protocols (TLS/HTTPS) for transmission of information. The encryption process protects PII by scrambling it before it is sent to The Gourmet Host from the GH Platform. When PII is stored, it is stored in The Gourmet Host’s systems in encrypted form.. The Third-Party Providers that host the GH Platform’s database, application, and encryption keys are renowned and reputable hosting service providers whose privacy, security, transparency and industry-specific standards are best-in-class. The Gourmet Host’s systems and databases are also backed up regularly to protect your data in case of an uncontrollable catastrophe Notwithstanding the foregoing, you acknowledge that no data transmission over web applications and the internet and no storage of data can be guaranteed to be 100% secure. As such, while The Gourmet Host strives to make all reasonable best efforts to use commercially acceptable means to protect PII, The Gourmet Host cannot warrant the security of any information transmitted through the GH Platform and stored by The Gourmet Host. We accept no responsibility for any such hacked or breached network communications or the loss or damage of any of your PII or Original Recipes, systems, hardware or any other property. We recommend that you keep your own back-ups of data that you upload or otherwise provide to the GH Platform.

6. LIMITATIONS ON USE

6.1 Prohibited Use. You may not use the GH Platform or any networks, services, data sources or third-party software it is connected:

(i) In a way prohibited by law, regulation, governmental order or decree;

(ii) To violate the rights of others;

(iii) In a way that violates these Terms or encourages or purports to authorize anyone else to violate these Terms;

(iv) In a way that could harm the GH Platform or impair anyone’s use of it.

(v) In a way that could harm a connected data source or host of that data source;

(vi) in a way that could harm third-party software that is integrated with the GH Platform or anyone else’s use of that third-party software;

(vii) With any unauthorized operating system;

(viii) To attempt to probe, scan or test the vulnerability of the GH Platform, The Gourmet Host server or network or breach, circumvent or disable any security or authentication measures;

(ix) Make the GH Platform available over a network other than a network approved by The Gourmet Host where it could be used by others to circumvent requirements, procedures, policies or regulations of networks connected to the GH Platform;

(x) To store or transmit worms, time bombs, trojan horses, and other harmful or malicious code, files, scripts, agents or programs;

(xi) Attempt to gain unauthorized access to the GH Platform or its related systems or networks, data or data of any other User or customers of The Gourmet Host;

(xii) Harvest or store any personally identifiable information from us;

(xiii) Artificially generate traffic or page links to a website or any other purpose not intended; or

(xiv) In a manner which sends a volume of requests to the system which overloads or negatively impacts the ordinary operation of the GH Platform and associated system.

6.4 No Reverse Engineering. You must not reverse engineer, decompile, decode, decrypt, disassemble or otherwise derive any source code from the GH Platform.

6.5 Technical Limitations. You must comply with any technical limitations in the GH Platform in which you are only allowed to use the Platform as it is intended to be used. You may not work around the technical limitations using any method whatsoever.

6.6 Suspension or Termination. If, in The Gourmet Host’s sole and absolute discretion, you abuse the Platform or any of your privileges, if you fail to comply with these Terms, if The Gourmet Host has reasonable belief, in its sole and absolute discretion that your Account has been compromised or used to commit fraud or crimes, or your use of the GH Platform represents a direct or indirect threat to The Gourmet Host’s network function or integrity or anyone else’s use of the GH Platform, The Gourmet Host may, in its sole and absolute discretion, suspend or terminate your Account with or without notification and take any appropriate administrative and/or legal action.

6.7 Import and Export Restrictions. You are responsible for complying with any applicable import or export restrictions in your jurisdiction with respect to data sharing and data consumption.

7. INTELLECTUAL PROPERTY

7.1 Reservation of Rights in the Platform. Except as set out in these Terms, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The Gourmet Host or any third party. The GH Platform, including, without limitation, the content, metadata, design, organization, methods, compilation, look and feel, the source, object, code and software (with the exception of licensed open-source components) and all other protectable intellectual property available through and comprising the GH Platform (the “Platform IP”) are the property of The Gourmet Host and are protected by copyright, trademark and other intellectual property laws of Canada, the United States and foreign countries. The Gourmet Host’s rights in such Platform IP are expressly reserved. All improvements and modifications to the GH Platform, including feedback and feature requests from you and other derivative works created by The Gourmet Host shall be deemed to be Platform IP. You further agree that you will not:

(i) Copy, reproduce, sell, publish, distribute, share, display, sublicense, retransmit or otherwise provide access to the Platform IP to anyone, unless with The Gourmet Host’s written consent or expressly authorized by these Terms;

(ii) Modify, alter or create any derivate works of the Platform IP;

(iiI) Remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Platform.

7.2 Trademarks. The Gourmet Host and GH Platform logos and all other product and service names, slogans or logos displayed on the GH Platform are registered and/or common law trademarks of The Gourmet Host, and may not be copied, imitated or used, in whole or in part, without the prior written permission by The Gourmet Host. In addition, the look and feel of the GH Platform, including all icons, user interface and user experience elements, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission by The Gourmet Host.

7.3 If GH’s Intellectual Property Rights Violated. Any violation of The Gourmet Host’s intellectual property rights may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

7.4 Copyright Infringement Complaints and Takedown Procedure. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Platform, please notify us atpartnerships@thegourmethost.com. Your notice should include:

(i) A physical or electronic signature of the copyright owner or person authorized to act on their behalf;

(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered by a single notice;

(iii) Identification of the material that is claimed to be infringing or the subject of infringing activity, with enough detail to allow us to locate it on the GH Platform;

(iv) Your contact information, including your name, address, telephone number, and email address;

(v) A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

While we take no responsibility for any User who breaches your copyright or any other intellectual property rights, we may, upon receiving the foregoing notice, in our sole discretion and without obligation or liability, review the notice and undertake steps we consider appropriate, which may include removing or disability access to the material, notifying the User who posted it, and/or  suspending or terminating the User’s Account.

If we remove or disable access to content in response to a notice, will make a good faith effort to notify the affected User and provide them an opportunity to respond. If you believe that your material was removed or disabled as a result of mistake or misidentification, you may file a counter-notification that includes:

(i) Your physical or electronic signature;

(ii) Identification of the material that was removed or to which access was disabled, and the location where it appeared before removal or disabling;

(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification; and

(iv) Your name, address, and telephone number, and a statement that you consent to the  jurisdiction in any judicial district in which the service provider may be found, and that you will accept service of process from the person who submitted the original notice or their agent.

If we receive a valid response demonstrating that the content was removed in error or misidentification, we may restore the material at our discretion, provided that we have not yet received notice that the copyright owner has filed a claim for injunction to restrain the alleged infringement.

This procedure is intended to provide a fair and transparent way to address copyright complaints. It does not constitute legal advice or create any obligation beyond those required by applicable law. The GH Platform operates under Canadian/Ontario law, but we apply these principles consistently for Users worldwide

7.4 Linked Sites or Embedded Material.  We are not responsible or liable for: (i) websites that may be linked from the GH Platform (“Linked Sites”); or (ii) material entered by Users (“User Material”). The Linked Sites and User Material are for your convenience only and you view or access them at your own risk. You also acknowledge that such Linked Sites and any embedded material are subject to the terms of use and/or privacy policy of the applicable Linked Site. Linked Sites and User Material found on our GH Platform are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said Linked Sites or User Material.

8. LIMITATION OF LIABILITY

8.1 Disclaimer.

(i) Other than as set out in these Terms, the GH Platform is provided to you on an “as-is” and “as available” basis without warranties from The Gourmet Host of any kind, either express or implied. The Gourmet Host expressly disclaims all representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title and non-infringement.

(ii) If any applicable authority holds any portion of this section to be unenforceable, then The Gourmet Host’s liability and responsibility will be limited to the extent permitted by law.

(iii) While The Gourmet Host strives to provide an error-free and uninterrupted GH Platform, it does not guarantee the absence of interruptions and you shall not hold The Gourmet Host liable for any damage caused by any such interruptions or errors.

8.2 Limitation of Liability.

(i) Except as otherwise provided in this section, to the extent permitted by applicable law, and save and except gross negligence and wilful misconduct of The Gourmet Host, the liability of The Gourmet Host to you or your organization arising under this agreement is limited to direct damages up to the amount you paid for access to the GH Platform for the past four months.

(ii) The Gourmet Host shall have absolutely no liability in the case of free products, beta products, pre-release products or any products or services provided free of charge.

(iii) Notwithstanding the foregoing in no event shall The Gourmet Host, its representatives, affiliates or representatives of affiliates be liable in any manner whatsoever for any damages of any kind arising out of:

(a) Your breach of any of these Terms;

(b) Any condition caused by events beyond The Gourmet Host’s control that may cause the GH Platform to be disrupted or otherwise;

(c) Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with the GH Platform;

(d) Any unauthorized access to or your use of your or your organization’s infrastructure.

8.3 Special Damages: In no event shall The Gourmet Host be liable to you for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with these Terms, regardless of whether you have been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort or otherwise.

8.4 Dissatisfaction with the GH Platform: If you are dissatisfied with the GH Platform or have any other dispute or claim with or against us, our affiliates, officers, directors, shareholders, employees, contractors, agents, suppliers or licensors, then your sole and exclusive remedy is to discontinue accessing and using the GH Platform.

8.5 Reasonable:  You understand and agree that the way we limit our responsibility in these Terms is part of how we make the GH Platform available to you (and set any fees you pay). We would not be able to offer you access to the GH Platform without these limits in place.

9. INDEMNIFICATION

You agree to defend, indemnify, and to hold harmless The Gourmet Host, its Representatives, Affiliates, each of its Representatives, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:

(i) Your breach of these Terms;

(ii) Your infringement of third-party rights;

(iii) Your infringement of applicable legislation;

(iv) Your breach of a representation or warranty made by you to us, either in these Terms, Privacy Policy or otherwise;

(v) Any claim against us for damages suffered by any of your employees, individuals whose data you use, your suppliers, your contractors, your customers, Users you granted GH Platform access to, whether arising from the use of our GH Platform or otherwise;

Your agreement to defend, to indemnify, and to hold The Gourmet Host harmless applies whether a claim against The Gourmet Host arises out of contract or tort (including strict liability), and regardless of the form of action.

“Representative” means an employee, director, officer, agent, contractor, advisor or consultant of one of the parties or of one of the parties’ Affiliates.

“Affiliates” means (i) with regard to The Gourmet Host, any legal entity that The Gourmet Host owns, which owns The Gourmet Host, or which is under common ownership with The Gourmet Host. “Ownership” means, for the purpose of this definition, more than 50% ownership either directly or indirectly.

10. TERMINATION

10.1 Termination by you. You may terminate your Account at any time by stopping your use of your Account and informing us that you wish to terminate your Account. Your license relationship terminates at the end of the then-current term as described when you originally signed up for an Account and you must agree to pay any outstanding fees before your Account termination becomes effective.

10.2 Termination by us. We may terminate your Account immediately and without notification, if, in our sole and absolute discretion:

(i) You abuse the GH Platform or any of its privileges, or if you fail to comply with these Terms (including failure to make payment to us when due), or make misrepresentations to us;

(ii) We have reasonable belief that your Account has been compromised or used to commit fraud, crimes or abuse the GH Platform;

(iii) If you become subject to a petition in bankruptcy, insolvency or reorganization under any applicable bankruptcy or insolvency legislation;

(vi) We no longer offer the GH Platform or there is a change of ownership.

10.3 Upon Termination. The Gourmet Host reserves the right to retain information associated with your Account for a period of time (“Retention Period”) before deleting such information. This period of time may be a reasonable period of time, or a period of time in accordance with the law. The Gourmet Host also reserves the right to immediately delete your data, information and Recipes and have no obligation to maintain or store such data, information or Recipes. Terms that have the ability to survive termination will survive.

11. FEEDBACK

All feedback, comment, and suggestions for improvements (“Feedback”) that you provide to us, in any form will immediately become our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights and other intellectual property rights (“Feedback IP Rights”) therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining Feedback IP Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in our Website, the GH Platform or their contents or in any of the Feedback IP Rights on account of these Terms or performance under these Terms.

12. COMMUNICATIONS

12.1 Notice Methods. We may provide notices to you in the following ways:

(i) By email to the email address as specified in your Account settings;

(ii) By posting a notice on our GH Platform in an area suitable for notices. It is your responsibility to review our GH Platform for notices;

(iii) By calling the telephone number specified in your account settings; and

(iv) By mail to the address specified in your Account settings.

12.2 Content of Notices. We may send you email information regarding issues such as your account status, system messages, mandatory updates, notices related to privacy or security, etc. (“Administrative Messages”).

For other messages and information relating to the GH Platform, other than Administrative Messages, you will only receive these messages if you expressly opt-in to consent to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.

12.3 Communications with Us. You agree that you will not employ misleading email addresses or falsify information in any part of any communication with us.

13. APPLE APP STORE AND GOOGLE PLAY STORE

13.1 App Distributor Relationship. When you download the Mobile App from the Apple App Store, Google Play Store or similar (each an “App Distributor”), you acknowledge and agree that:(i) The Terms are an agreement between you The Gourmet Host, and not with the App Distributor.

(ii) The Gourmet Host, and not Apple Inc. (“Apple”) or Google LLC (“Google”) is solely responsible for the Mobile App, its content, and all related services or support.

13.2 License. Subject to your compliance with the Terms, The Gourmet Host grants you a non-exclusive, non-transferable, limited license to install and use the Mobile App on:

(i) For iOS Mobile Apps, any Apple-branded device you own or control, consistent with Apple’s Usage Rules in the App Store Terms and Conditions; and 

(ii) For Android Applications, any device running a compatible version of Android, consistent with Google Play’s Terms of Service.

You may not distribute, rent, lease, lend, sell, or sublicense the Mobile App nor make it available over a network where it could be used by multiple devices simultaneously.

13.3 Maintenance, Support and Warranty. The Gourmet Host is solely responsible for providing maintenance and support for the Mobile App as required by law or these Terms. Apple and Google have no obligation to provide any maintenance, support or warranty services. If the Mobile App fails to conform to any applicable warranty, you may notify the App Distributor, and it may refund the purchase price (if any). To the maximum extent permitted by law, the App Distributor has no other warranty obligations regarding the Mobile App.

13.4. Product Claims and Liability

The Gourmet Host, not Apple or Google is responsible for addressing any claims by you or a third party relating to the Mobile App or your use of it, including but not limited to:

(i) product liability claims,

(ii) any claim that the Mobile App fails to conform to applicable legal or regulatory requirements, and

(iii) claims arising under consumer-protection, data-protection, or similar laws.

In the event of a third-party claim that the Mobile App or your use of it infringes intellectual-property rights, The Gourmet Host is solely responsible for the investigation, defense, settlement, and discharge of such claim.

13.5. Compliance and Restrictions. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country and are not listed on any U.S. Government prohibited-party list. You must comply with all applicable third-party terms of agreement (including but not limited to your agreement with your wireless-data-service provider) when using the Mobile App.

13.6. Third-Party Beneficiaries. Apple, Google and their subsidiaries are third-party beneficiaries of this Agreement with respect to your use of the Mobile App. Upon your acceptance of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

14. GENERAL

14.1 Electronic Contracting. Your affirmative act of accepting our Terms constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

14.2 Complying with laws. Your use of the GH Platform is subject to all applicable local, provincial federal and international laws and regulations (including, without limitation, those laws governing data collection, personal health information, etc.).

14.3 Assignment. You may not assign your Account or your license under these Terms unless approved by The Gourmet Host in writing.

14.4 Severability. If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

14.5 Questions and Comments. If you have any questions regarding these Terms or your use of the GH Platform, please contact us at https://thegourmethost.com/contact-us.

14.6 Governing Law. These Terms, all documents and policies incorporated by reference, and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

14.7 No construction against drafter. If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of an authorship of any of the provisions of these Terms.

14.8 Waiver of class proceedings and trial by jury. To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

14.9 Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.10 Right to seek injunction. You acknowledge and agree that a breach of any of the sections of these Terms may cause serious and irreparable harm to us which could not be compensated adequately by monetary damages, and that we may enforce these Terms by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual damage, and despite those damages may be readily quantifiable. You agree that you will not plead sufficiency of damages as a defence in the proceeding for injunctive relief. The remedies provided by this section are in addition to, and not a substitute for, any other remedies for breach to which we would be entitled.

13.11 Force Majeure. Unless expressly agreed to otherwise and without limiting any other section under these Terns, we will not be liable for any failure or delay in our performance under these Terms due to any cause beyond our reasonable control that could not have been avoided by the exercise of reasonable foresight, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, terrorism, labour shortage or dispute, epidemic or pandemic or an act of government.

13.12 Entire Agreement. These Terms, along with any applicable Enterprise Level Agreement, shall constitute the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing and signed by a duly authorized representative of The Gourmet Host.