Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES OFFERED BY MHK Market, an Affiliate of MY HALAL KITCHEN, LLC. (“My Halal Kitchen”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.MYHALALKITCHEN.COM/STORE (THE “SITE”) AND ALL SERVICES PROVIDED BY MY HALAL KITCHEN ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Contact section of the Site.

1. MHK Market is a Venue

My Halal Kitchen Market acts as a venue to allow users who comply with My Halal Kitchen’s policies to offer, sell and buy certain goods within a fixed-price format. My Halal Kitchen is not directly involved in the transaction between buyers and sellers unless the product is a My Halal Kitchen brand product.. As a result, My Halal Kitchen has no actual control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. My Halal Kitchen does not pre-screen users other than to know if their product is halal by content, as in the case of food and when there are services that require an application or by the specific content or information provided by users. My Halal Kitchen cannot ensure that a buyer or seller will actually complete a transaction but will do its due diligence to ensure that this does take place.

Consequently, My Halal Kitchen does not transfer legal ownership of items from the seller to the buyer.

My Halal Kitchen cannot guarantee the true identity, age, and nationality of a user. My Halal Kitchen encourages users to communicate directly with potential transaction partners through the tools available on the Site. Users may also wish to consider using a third-party escrow service or services that provide additional user verification.

You, the user, agree that My Halal Kitchen is a venue and as such is not responsible or liable for any content (i.e. data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on My Halal Kitchen. You use the My Halal Kitchen service at your own risk.

2. Vendor Eligibility

Age: My Halal Kitchen’’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. My Halal Kitchen may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use My Halal Kitchen’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by My Halal Kitchen’s policies as stated in the Agreement and the My Halal Kitchen policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by My Halal Kitchen, each of which is incorporated herein by reference and each of which may be updated by My Halal Kitchen from time to time without notice to you:

  • My Halal Kitchen Guidelines
  • Fees Policy
  • Privacy Policy
  • Copyright and Intellectual Property Policy
  • Trademark Guidelines
  • Direct Checkout Terms of Use
  • Gift Cards Terms of Use
  • Billing Policy
  • Referral Terms and Conditions
  • API Terms of Use
  • My Halal Kitchen Wholesale Terms of Use

 

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by My Halal Kitchen from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

 

Password: Be sure to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify My Halal Kitchen of any unauthorized use of your password or any breach of security. You also agree that My Halal Kitchen cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than My Halal Kitchen without My Halal Kitchen’s express written permission.

 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items in the My Halal Kitchen Market you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

 

Account Transfer: You may not transfer or sell your My Halal Kitchen account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

 

Right to Refuse Service: My Halal Kitchen Market’s services are not available to temporarily or indefinitely suspended My Halal Kitchen members. My Halal Kitchen reserves the right, in My Halal Kitchen’s sole discretion, to cancel unconfirmed or inactive accounts. My Halal Kitchen reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining and setting up a shop on My Halal Kitchen is free (excluding additional sales channels on My Halal Kitchen that may have separate fees). My Halal Kitchen does not charges fees for listing an item for sale, but has the right to change this at any time. My Halal Kitchen does charge a percentage of the sale price when the item sells. This percentage is subject to change without notice.  When you list an item you have an opportunity to review and accept the fees that you will be charged. My Halal Kitchen’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for My Halal Kitchen’s services are effective after My Halal Kitchen provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, My Halal Kitchen may choose to temporarily change the Fees Policy and the fees for My Halal Kitchen’s services for promotional events (for example, free listing days); such changes are effective when My Halal Kitchen posts the temporary promotional event on the Site. My Halal Kitchen may, at My Halal Kitchen’s sole discretion, change some or all of My Halal Kitchen’s services at any time. In the event My Halal Kitchen introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, My Halal Kitchen may issue a credit for the applicable fees to a seller’s billing statement.

You are responsible for paying all fees and applicable taxes associated with using My Halal Kitchen. My Halal Kitchen provides plans for both automatic and manual bill payment as outlined in My Halal Kitchen’s Billing Policy. My Halal Kitchen will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

 

Fees and Termination: If My Halal Kitchen terminates a listing or your account, if you close your account, or if the payment of your My Halal Kitchen fees cannot be completed for any reason, you remain obligated to pay My Halal Kitchen for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact My Halal Kitchen.

4. Listing and Selling

Listing Description: All listings on My Halal Kitchen Marketplace must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with My Halal Kitchen’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your MHK Market shop. 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. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

 

Shop Policies: All sellers are urged to outline shop policies for their MHK Market shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with My Halal Kitchen’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. My Halal Kitchen reserves the right to request that a seller modify a shop policy before allowing the sale of goods.

 

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

 

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding My Halal Kitchen transaction fees, misrepresent the item’s location, or use another user’s account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to My Halal Kitchen and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display in the MHK Market.

Restricted Activities: Your Content and your use of My Halal Kitchen shall not:

 

  1. Be false, inaccurate or misleading.
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, My Halal Kitchen’s Copyright and Intellectual Property Policy)
  4. Violate this Agreement, MHK Market Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including My Halal Kitchen staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Interfere with a seller’s business or shop
  8. Take any action that may undermine online reviews or feedback
  9. Be obscene or contain child pornography
  10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  11. Host images not part of a listing
  12. Modify, adapt or hack My Halal Kitchen or modify another website so as to falsely imply that it is associated with My Halal Kitchen;
  13. Appear to create liability for My Halal Kitchen or cause My Halal Kitchen to lose (in whole or in part) the services of My Halal Kitchen’s ISPs or other suppliers
  14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, My Halal Kitchen Guidelines, or other policy documents as posted in the MHK Market.

 

Furthermore, you may not list any item on My Halal Kitchen (or consummate any transaction that was initiated using My Halal Kitchen’s service) that, by paying to My Halal Kitchen the listing fee or the final value fee, could cause My Halal Kitchen to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: My Halal Kitchen does not claim ownership rights in your Content. You grant My Halal Kitchen a license solely to enable My Halal Kitchen to use any information or Content you supply My Halal Kitchen with, so that My Halal Kitchen is not violating any rights you might have in that Content. You grant My Halal Kitchen a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow My Halal Kitchen to store, translate, or re-format your Content on My Halal Kitchen and display your Content in the MHK Market in any way My Halal Kitchen chooses. My Halal Kitchen will only use personal information in accordance with My Halal Kitchen’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another MHK Market user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for My Halal Kitchen-related communications. My Halal Kitchen has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any My Halal Kitchen user to your email or physical mail list. For more information, see My Halal Kitchen’s Privacy Policy.

 

Re-Posting Content: By posting Content on My Halal Kitchen, it is possible for an outside website or a third party to re-post that Content. You agree to hold My Halal Kitchen harmless for any dispute concerning this use. If you choose to display your own My Halal Kitchen-hosted image on another website, the image must provide a link back to its listing page on My Halal Kitchen.

 

Idea Submissions: My Halal Kitchen considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and My Halal Kitchen shall not be liable for the disclosure or use of such Material. If, at My Halal Kitchen’s request, any member sends Material to improve the site (for example through the Forums or to customer support), My Halal Kitchen will also consider that Material to be non-confidential and non-proprietary and My Halal Kitchen will not be liable for use or disclosure of the Material. Any communication by you to My Halal Kitchen is subject to this Agreement. You hereby grant and agree to grant My Halal Kitchen, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

My Halal Kitchen does not control the Content provided by users that is made available on My Halal Kitchen. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using My Halal Kitchen, you agree to accept such risks and that My Halal Kitchen (and My Halal Kitchen’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on My Halal Kitchen. Please use caution, common sense, and practice safe buying and selling when using the MHK Market and My Halal Kitchen properties..

 

Other Resources: My Halal Kitchen is not responsible for the availability of outside websites or resources linked to or referenced on the Site. My Halal Kitchen does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that My Halal Kitchen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

8. Resolution of Disputes and Release

Disputes with My Halal Kitchen: In the event a dispute arises between you and My Halal Kitchen, please contact My Halal Kitchen directly. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Cook County, IL, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the [which district in Chicago/IL?]. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and My Halal Kitchen agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within six [6] months after the cause of action arose; otherwise, such cause of action is permanently barred.

 

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, My Halal Kitchen encourages you to contact the user or third party to resolve the dispute amicably.  

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on My Halal Kitchen, they may choose to participate in My Halal Kitchen’s case system in order to resolve the dispute. Cases are escalated for review and resolution by My Halal Kitchen. My Halal Kitchen provides its dispute resolution process for the benefit of users. My Halal Kitchen does so in My Halal Kitchen’s sole discretion, and My Halal Kitchen has no obligation to resolve disputes between users or between users and outside parties. To the extent that My Halal Kitchen attempts to resolve a dispute, My Halal Kitchen will do so in good faith based solely on My Halal Kitchen’s policies. My Halal Kitchen will not make judgments regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.  

You release My Halal Kitchen (and My Halal Kitchen’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

9. The Intellectual Property of My Halal Kitchen

My Halal Kitchen and MHK Market graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of My Halal Kitchen, LLC. in the U.S. and/or other countries. My Halal Kitchen’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

My Halal Kitchen may contain robot exclusion headers which contain internal rules for software usage. Much of the information on My Halal Kitchen is updated on a real-time basis and is proprietary or is licensed to My Halal Kitchen by My Halal Kitchen’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access My Halal Kitchen for any purpose whatsoever, except to the extent expressly permitted by and in compliance with My Halal Kitchen’s API Terms of Use or otherwise without My Halal Kitchen’s prior express written permission. Additionally, you agree that you will not:

 

  1. Take any action that imposes, or may impose, in My Halal Kitchen’s sole discretion, an unreasonable or disproportionately large load on My Halal Kitchen’s infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in My Halal Kitchen Guidelines from the Site except to the extent expressly permitted by and in compliance with My Halal Kitchen’s API Terms of Use or otherwise without the prior express written permission of My Halal Kitchen and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass My Halal Kitchen’s robot exclusion headers or other measures My Halal Kitchen may use to prevent or restrict access to My Halal Kitchen

11. Breach

Without limiting any other remedies, My Halal Kitchen may, without notice, and without refunding any fees, delay or immediately remove Content, warn My Halal Kitchen’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

My Halal Kitchen suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, My Halal Kitchen Guidelines, or other policy documents and community guidelines incorporated herein; My Halal Kitchen is unable to verify or authenticate any of your personal information or Content; or My Halal Kitchen believes that a user is acting inconsistently with the letter or spirit of My Halal Kitchen’s policies, has engaged in improper or fraudulent activity in connection with My Halal Kitchen or the actions may cause legal liability or financial loss to My Halal Kitchen’s users or to My Halal Kitchen.

My Halal Kitchen reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on My Halal Kitchen.

12. Privacy

Except as provided in My Halal Kitchen’s Privacy Policy My Halal Kitchen will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. My Halal Kitchen stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

MY HALAL KITCHEN, MY HALAL KITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MY HALAL KITCHEN’S SUPPLIERS PROVIDE MY HALAL KITCHEN’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MY HALAL KITCHEN, MY HALAL KITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MY HALAL KITCHEN’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MY HALAL KITCHEN SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limit

IN NO EVENT SHALL MY HALAL  KITCHEN, AND (AS APPLICABLE) MY HALAL KITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MY HALAL KITCHEN’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MY HALAL KITCHEN’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

MY HALAL KITCHEN’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MY HALAL KITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MY HALAL KITCHEN IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD MY HALAL KITCHEN AND (AS APPLICABLE) MY HALAL KITCHEN’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guarantee

My Halal Kitchen does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside My Halal Kitchen’s control.

17. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any My Halal Kitchen service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on My Halal Kitchen’s net income).

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and My Halal Kitchen are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. My Halal Kitchen Service

My Halal Kitchen reserves the right to modify or terminate the My Halal Kitchen service for any reason, without notice, at any time. My Halal Kitchen reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If My Halal Kitchen makes a material change My Halal Kitchen will notify you here, by email, by means of a notice on our home page, or other places My Halal Kitchen deems appropriate. What constitutes a “material change” will be determined at My Halal Kitchen’s sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

22. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (My Halal Kitchen’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

23. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to My Halal Kitchen, LLC.; Attn: Legal Department; P.O. Box 1514 Crystal Lake, IL 60039-1514 (in the case of My Halal Kitchen) or, in your case, to the email address you provide to My Halal Kitchen (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, My Halal Kitchen may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to My Halal Kitchen. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in My Halal Kitchen’s Copyright and Intellectual Property Policy.

24. Disclosures

The services hereunder are offered by My Halal Kitchen, LLC., located at P.O. Box 1514 Crystal Lake, IL 60039-1514. If you are a Chicago resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Seller Guidelines

By delivering personal customer service and following My Halal Kitchen Guidelines, you can show buyers that your MHK Market business is transparent, professional and real.

 

Maintain a Transparent Shop

The MHK Market is built on trust. It’s important that you represent yourself, your business, and your items accurately.

  • Be sure to fill out your shop’s About page.
  • Only list items in your shop that are for sale and fall into one of our MHK Market categories.
  • Items must be accurately represented in listings and listing photos. Buyers can submit reviews of items they have purchased.
  • Respect the intellectual property of others. If you feel someone has violated your copyright, you can report it to My Halal Kitchen.
  • Do not engage in fee avoidance.
  • Do not sell prohibited items.
  • For sellers of any handmade items:
    • Do not resell items already used.
    • Describe the process of making your handmade product.
    • Describe every person involved in the making of an item in your shop.
    • If you work with an outside manufacturer to make items that you have designed, we ask that you share additional information with My Halal Kitchen and share information about the manufacturers you work with on your shop and listings. We also expect that you choose ethical manufacturing partners.
  • For sellers of edible, wholesale, digital, custom, mature, and charitable listings, we have some additional guidelines explained on the MHK Market site.

 

Provide Great Customer Service

By meeting the MHK Market high standard of customer service, you are able to provide the best experience for buyers.

  • Honor your shipping and processing times.
  • Respond to customer inquiries in a timely manner.
  • Explain your shop’s policies clearly and honor those commitments.
  • Try to work out disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, contact My Halal Kitchen.
  • If you are unable to complete an order, you must notify the buyer and cancel the order immediately.

 

Respect the MHK Market Community

As a member of My Halal Kitchen’s community of buyers and sellers, we ask that you follow our Community Guidelines.     

Being a seller on My Halal Kitchen gives you access to all of our seller tools in order to help make your business in the MHK Market more succesful.

 

Buyer Guidelines

When you buy from a shop in the My Halal Kitchen Market, you’re directly supporting an independent business, be it large or small. Because each shop on My Halal Kitchen Market is unique, policies, payment methods, processing times, gift card acceptance, and shipping methods will vary from shop to shop. If you have a question about an item or an order, you should contact the shop directly.

We ask that shops meet My Halal Kitchen’s standards of customer service and honor their own policies. After you’ve purchased an item, you can leave a review. If you have a problem with an order and are unable to reach a resolution with the seller, you can contact My Halal Kitchen directly.

In order to have the best experience in the MHK Market be sure to read shop policies and listings carefully. Keep in mind that we do not protect transactions that are completed off of the MHK Market.

Community Guidelines & Privacy Policy

My Halal Kitchen Market visitors, customers and sellers become a part of our community. As a member of the community, you have the opportunity to flag an item or a shop that doesn’t meet My Halal Kitchen Guidelines. Flagging is confidential and can be done by contacting My Halal Kitchen directly.

We’re committed to upholding a high standard when it comes to our privacy practices. It’s important to us that you’re comfortable doing business in the MHK Market so we provide options for you to control how much information you share and your communication preferences. We use secure technologies and follow best practices, as evidenced by TRUSTe’s Privacy Seal, recognized and trusted by millions of consumers as a sign of responsible privacy practices. We believe in being transparent about our practices, which is why we provide a detailed Privacy Policy to explain how we gather, use and protect your information. We’ve pulled out the highlights here, in an effort to better communicate the key points.

 

By visiting the My Halal Kitchen website or using My Halal Kitchen’s mobile applications, you are accepting the terms of this Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

 

Safe and Secure Online Purchase

We realize the importance in ensuring your online shopping experience is secure. To this end, we use the  SSL Certificate to secure your personal information whenever you make a transaction with us.

The  SSL Certificate confirms that My Halal Kitchen has been assessed to have installed the highest standard of Internet Security available to industries. Whenever you enter a secure section of our site, such as payment or sign-up pages, you will see a green-colored address bar. If you click this field you will be able to view information regarding the SSL Certificate and confirm the issuing body.

Information Collection and Use

In order to process your order accurately and in a timely fashion it is essential that we collect some personal information from you. Furthermore, we require username and password validation before we may allow you to access the functions of our website. At the time of registration you provide consent for us to send informational email messages to you regarding your account or other offers by My Halal Kitchen. In addition, your data will be stored when you access technical support. With regards to the issuing of invoices; it is the responsibility of the purchaser to provide us with additional information required for the invoice, such as full names, email addresses and mailing addresses.

Your personal information also may be used as required in the event of legal action regarding the protection and defense of My Halal Kitchen’s rights and property, or in regards to any merger or other business action that requires that data stored by My Halal Kitchen be disclosed.

Changing / Updating Personal Data

Should you give us permission to send you information regarding updates, including newsletters about product upgrades, updates, new products/services and discounts, then it is your responsibility to advise us of any changes to your contact details. If you are unable to make such changes via our website you may contact our support team, who will make changes to your account at your behest. You may cancel email notifications at any time via MyHalalKitchen.com.

Protection of Personal Information

Information gathered and stored by My Halal Kitchen is protected. We ensure that data collected from our customers is secured as much as reasonably possible and do not disclose this data to any unauthorized person or organization. All data is restricted to My Halal KItchen and contracted external service providers only, who may use it to fulfill business functions. Misuse of this data is forbidden and My Halal Kitchen will take appropriate disciplinary action as required should this information be used in an inappropriate manner.

Please note that My Halal KItchen does not take responsibility for data provided in a Paypal transaction when purchases are made via MyHalalKitchen.com. Paypal functions as our merchant and processes your financial details; we do not receive or store any such details in our system.

Consent to Disclose Data

It is necessary for My Halal Kitchen to maintain a minimal amount of personal information about our customers in order to provide appropriate products and services, as it is not possible to complete a purchase without providing some amount of personal information.

At any time, you may advise us of which personal information you do not wish to share; however please be aware that the products and services we provide may be restricted as a result.

Please note that there may be legal or official situations where it is necessary for your personal information to be used despite your withdrawn consent to disclose details of your purchase records.

Scope

This page highlights key points about the information My Halal Kitchen collects or receives about you, how it is used, and your choices.

 

Read My Halal Kitchen’s full Privacy Policy.[hyperlink to information on page 8].

Information Collected or Received

My Halal Kitchen requires a member to provide a valid email address and choose a username connected with your site activity. Depending on the services you choose, additional information may be collected (i.e.  billing or payment information, a telephone number, and a physical address).

 

You may optionally choose to provide your full name and other personal information (such as birthday, gender, location) to be publicly displayed.

 

You may connect to My Halal Kitchen with an external application, in which case My Halal Kitchen may receive some information from that other service.

 

We use cookies, clear gifs, log files, and flash cookies to help understand how people interact with our site and services, in order to provide a better experience. For more information about cookies, see our Cookies & Tracking Technologies page.

 

Uses

We use the information which we gather from our users to provide and improve our services, and to communicate with you.

My Halal Kitchen will not sell or disclose your personal information to third parties without your explicit consent, except as specified in our Privacy Policy.

Choices

As a member, you may review and change information in your account settings, and you may remove certain optional pieces of information.

 

You may opt-out of receiving certain types of communications from My Halal Kitchen in your account settings.

 

You may disable cookies in your web browser.

Contact Us

You can email us about the Privacy Policy at contact@MyHalalKitchen.com.

Copyright and Intellectual Property Policy

My Halal Kitchen, LLC. (“My Halal Kitchen”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). My Halal Kitchen will respond to notices of this form from jurisdictions other than the U.S. as well. The address of My Halal Kitchen’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

My Halal Kitchen may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If My Halal Kitchen removes or disables access in response to such a notice, My Halal Kitchen will make a good-faith attempt to contact the allegedly infringing party (“Member”) so that they may make a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting My Halal Kitchen.

If you believe that material residing on or accessible through the My Halal Kitchen web site or service infringes a copyright or other intellectual property right, to provide My Halal Kitchen of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to legal@MyHalalKitchen.com). Please specify the type of infringement at issue and the notice must include the following information:  

  1. A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
  2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
  3. Identification of the material on My Halal Kitchen that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that My Halal Kitchen is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
  4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting My Halal Kitchen on the owner’s behalf, the address, telephone number and email address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the site, My Halal Kitchen will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.

B. Removal of Allegedly Infringing Material

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, My Halal Kitchen may remove or disable access to the material infringing upon the intellectual property. If My Halal Kitchen removes or disables access to content in response to an infringement notice, My Halal Kitchen will make reasonable attempts to notify the Member that My Halal Kitchen has removed or disabled access to the material. Repeat offenders will have all material removed from the system and My Halal Kitchen will terminate such Members’ access to the service.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting My Halal Kitchen.

If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.  

  1. Your signature (signatures may be provided electronically by typing your name);
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which My Halal Kitchen is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, My Halal Kitchen may send a copy of the counter-notice to the original complaining party informing that person that My Halal Kitchen may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at My Halal Kitchen’s discretion.

Please contact My Halal Kitchen’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email: legal@MyHalalKitchen.com (preferred), or at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

My Halal Kitchen, LLC.

Attn: Legal Department

P.O. Box 1514

Crystal Lake, IL 60039-1514

USA

 

Fees Policy

 

Listing fees

Each listing on My Halal Kitchen Market costs $0.00 USD when the listing is published. A listing lasts for three months or until the item is sold. After three months if the item has not sold, then the listing expires. Listing fees are added to your MHK Market bill.

You may easily renew expired, sold or active listings if you like. A renewed listing is given a new expiration date three months from the renewal date. The fee for renewing a listing is $0.00 USD. If applicable, renewal fees are added to your My Halal Kitchen Market bill.

If you have more than one of the same item, you can reflect the quantity available in your listing. When a transaction occurs and the listing is not sold out, the listing is automatically renewed at a cost of $0.00 USD. If a transaction includes more than one of the same item, then a multiple quantity fee of $0.00 USD per quantity sold greater than one is applied. Multiple quantity fees are added to your MHK Market bill. For an illustration of how fees are charged for multiple quantities, please request that my contacting My Halal Kitchen.

 

Transaction fees

When you make a sale on MHK Market, you will be charged a transaction fee of 2.5% of the item price. This percentage does not include the shipping cost or tax. Transaction fees are added to your MHK Market bill.

 

Advertising fees

My Halal Kitchen offers advertising opportunities across My Halal Kitchen media platforms to increase the visibility of your items and shop. Advertising fees vary by opportunity. Ad fees will be clearly outlined before you commit to purchasing an ad. Advertising fees can be added to your MHK Market bill.

 

Shipping Fees

My Halal Kitchen offers sellers based in the US and Canada who accept PayPal as payment methods the ability to purchase shipping labels to fulfill their orders through USPS and Canada Post, respectively. Shipping labels purchased through My Halal Kitchen cost the same or less than the equivalent postage purchased directly through the USPS or Canada Post.

The cost of the shipping label will depend on the origin and destination of the package. If you add signature confirmation or insurance, those fees will be added to the total cost of the label at the point of purchase.

If you purchase USPS postage, the cost of each shipping label will appear on your My Halal Kitchen bill as “USPS Shipping Label,” and will include the shipping label number. If you purchase U-PIC parcel insurance, the cost of insurance will appear separately on your bill as “U-PIC Parcel Insurance,” and will include the shipping label number.

If you purchase Canada Post postage, the cost of each shipping label and label-related fees will appear on your My Halal Kitchen bill as “Canada Post Shipping Label” and will include the shipping label number. When you purchase a label, the fees will appear in CAD. When reviewing the total cost summary, your label purchases will show in both CAD and USD. All final label charges will be listed on your My Halal Kitchen bill in USD. If you choose to purchase Canada Post insurance coverage on My Halal Kitchen, the cost will appear separately on your bill as “Canada Post Coverage” and will include the shipping label number.

 

Paying your bill

For information about paying your bill, please see the Billing Policy.

 

Payment processing fees

Eligible shops may choose to use My Halal Kitchen’s payment platform, Direct Checkout, to process payments. Payment processing fees vary by location of your bank and are applied to each order completed via Direct Checkout. See the Direct Checkout Terms of Use for payment processing fees by country. This fee is assessed on the total amount of the sale, including tax and shipping. Unlike other fees, this payment processing fee is deducted from the transaction amount as the funds become available for deposit. Payment processing fees will be reflected in your Shop Payment Account, rather than on your My Halal Kitchen bill.

 

Currency conversion

All fees that are listed on your My Halal Kitchen bill are in US Dollars. If you list in a currency other than US Dollars, your item price will be converted to US Dollars before the transaction fee is applied. Currency conversion is handled automatically by our payment processing service.

Payment processing fees are deducted from funds available for deposit and are charged in the currency in which you receive your funds.

 

My Halal Kitchen reserves the right to alter these policies at any time.

Checkout Terms of Use

  1. Overview
  2. By using the direct checkout service (“Direct Checkout”) on My Halal Kitchen.com (the “Site”) as a seller (“Seller” or “Sellers”) or a purchaser (“Buyer” or “Buyers”), you agree to be bound by this My Halal Kitchen Direct Checkout Terms of Use Agreement (the “Agreement”). The Agreement is a legal agreement between you and My Halal Kitchen, LLC., if you transact in United States Dollars, or My Halal Kitchen Ireland Limited, if you transact in a currency other than United States Dollars (collectively, “My Halal Kitchen”).
  3. In order to accept payments directly through the Site, Sellers must register for a MHK Market Account (“Account”) and use Checkout. Checkout allows Sellers to accept authorized credit card transactions (“Payment Transactions”), have those funds credited to Seller’s Shop Payment Account, and have those funds subsequently deposited into Seller’s designated bank checking account (“Bank Checking Account”). Buyers may authorize a Payment Transaction with any major credit card accepted by My Halal Kitchen.
  4. My Halal Kitchen helps facilitate marketplace transactions and is not the purchaser of the Seller’s goods. See the My Halal Kitchen Terms of Use for more information.
  5. Checkout is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance.
  6. Checkout is only available to Sellers who register (“Registered Seller”) and are approved for an Account. Sellers must be at least 18 years old to register for a Payment Account.
  7. Checkout functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in the My Halal Kitchen Guidelines and the My Halal Kitchen Terms of Use.
  8. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Registered Sellers relating to the value of any transaction, deposit, or adjustment, the cumulative value of all transactions, deposits, or adjustments during a period of time, or the number of transactions per day or other period of time in accordance with Section 4d of this agreement. We will not be liable to Registered Seller: (i) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (ii) if we permit a Buyer to withdraw from a transaction.
  9. We may refuse service to anyone, for any reason, at any time.
  10. Payment Transactions
  11. Buyer may authorize a Payment Transaction with any major credit card accepted by My Halal Kitchen.
  12. By registering for Checkout, Seller agrees always to comply with and to sell items in accordance with the My Halal Kitchen Terms of Use.
  13. The use of Checkout must be solely for the sale of items listed on My Halal Kitchen. Registered Seller agrees to ship sold item(s) once the Payment Transaction is complete and reflected in the Payment Account. My Halal Kitchen reserves the right to terminate Registered Seller’s access to Direct Checkout if Seller is determined to be using Direct Checkout for transfer of funds not related to the sale of items listed on My Halal Kitchen.
  14. My Halal Kitchen reserves the right to decline Payment Transactions that we have reason to believe to be high risk, fraudulent, or in violation of this Agreement.
  15. My Halal Kitchen will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with Payment Transactions. In the event Registered Seller is found to be complicit with any credit card fraud, My Halal Kitchen will not be liable.
  16. My Halal Kitchen maintains records associated with Payment Transactions and does not pass any secure data, including credit card numbers, to Registered Seller. Registered Seller will receive shipping information and limited Buyer account information as needed to complete the order. Use of this information is dictated by our Privacy Policy.
  17. Shop Payment Account
  18. Direct Checkout is only available to Sellers who register and are approved for a Payment Account. A Payment Account allows Registered Sellers to track payment amounts, refunds, and fees related to Payment Transactions.  Sellers must provide personal information as requested during registration, must provide us true and accurate information, and must maintain and update that information as applicable. Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us, and authorized agents, to verify his or her information (including any updated information) by accessing public records and to obtain credit reports about Seller in order to approve Seller for use of the Shop Payment Account. Registered Seller also authorizes us to verify his or her information from time to time while Registered Seller is using Direct Checkout. The Shop Payment Account is available only to individuals who meet the terms of eligibility for the My Halal Kitchen selling community and who have been issued a credit card acceptable by My Halal Kitchen.
  19. My Halal Kitchen reserves the right to conduct periodic reviews of Registered Seller’s registration information and usage of Direct Checkout.
  20. Registered Seller will resolve any dispute directly with Buyer or with the assistance of the dispute management and refund tools available on My Halal Kitchen, and according to the guidelines outlined in My Halal Kitchen’s Seller Guidelines. In the event of a dispute being escalated to My Halal Kitchen’s customer Support Team, My Halal Kitchen reserves the right to issue a refund to Buyer if transaction is found to be in violation of the My Halal Kitchen Terms of Use or the My Halal Kitchen Guidelines. In the event of chargebacks submitted by Buyer, My Halal Kitchen will respond to credit card networks on behalf of Registered Seller; Registered Seller agrees to provide any requested information to us within five calendar days of the request. My Halal Kitchen reserves the right to recoup funds associated with Buyer chargebacks in accordance with Section 5 of this Agreement.
  21. We will inform Registered Sellers of each Payment Transaction, or of other information  pertaining to Checkout, using our standard communication procedures, including email or other messaging services associated with Registered Seller’s account.
  22. Registered Sellers can access Payment Transaction information online in the Payment Account. Registered Sellers may access the Shop Payment Account only with a browser that is compatible with Direct Checkout, including any security features that are a part of Direct Checkout.
  23.  Sellers may provide refunds or adjustments to Buyers for their Payment Transactions made in the MHK Market using refund functionality enabled by My Halal Kitchen and accessible through the Market’s Payment Account. Funds to cover refunds will be deducted from Registered Seller’s Payment Account balance. In the event of insufficient funds to cover the amount of the refund, Seller’s credit card on file will be charged.
  24. Fully refunded Payment Transactions may be eligible for cancellation in accordance with the customer service guidelines outlined in My Halal Kitchen’s Seller Guidelines and this FAQ.
  25. My Halal Kitchen charges an applicable fee (“Payment Processing Fee”) (see Fees Policy) for processing each Payment Transaction. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). The fee will be posted to the Market’s Payment Account and will be deducted from the total amount of the Payment Transaction at the time the payment is considered complete as defined in Section 4a. We reserve the right to modify the Payment Processing Fee at any time pursuant to our Fees Policy. Any other fees included in Fees Policy remain applicable. In the event of any partial or full refunds credited back to Buyer in association with a Payment Transaction, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to Buyer. Other applicable fees will be refunded on Registered Seller’s bill.
  26. Deposits
  27. All funds resulting from a completed Payment Transaction will be reflected as a balance in Registered Seller’s Shop Payment Account. Payment Transactions are considered complete once the payment is approved. If Registered Seller’s first sale date is less than ninety (90) days from the day Seller registers for Checkout, Payment Transaction completion also requires that the sold item is marked as “shipped” using the tools made available in Registered Seller’s account. Any refunds, adjustments, or other amounts paid to Buyers in connection with purchases, or for funds received since the last Payment Day, as defined in Section 4b, are also applied to Registered Seller’s Shop Payment Account balance. Funds in a MHK Market Payment Account balance are eligible for deposit (“Available Balance”) into Registered Seller’s Bank Checking Account at the end of any applicable deposit delay, reserve, or hold period as defined in Section 4d.
  28. Available Balances can only be deposited into bank checking accounts in the United States, in the following currencies: USD.
  29. We will initiate a deposit of Registered Seller’s Available Balance into Registered Seller’s Bank Checking Account every Monday (“Payment Date”) for U.S. Registered Seller and every other Monday for Registered Sellers outside of the U.S. The Payment Date will fall on the next day Monday through Friday, excluding bank holidays (“Business Day”) if the scheduled Payment Date falls on a non-Business Day. If Registered Seller elects to change the scheduled Payment Date by using the tools provided by us in the Shop Payment Account, the following deposit will be made on the day selected by Registered Seller, and the next scheduled deposit will continue to be on the following Monday. When Registered Seller either initially provides or later changes his or her bank account information, Registered Seller must wait at least five (5) calendar days to request a deposit into Registered Seller’s Bank Checking Account. The next scheduled deposit after a change to Bank Checking Account information will occur on the next scheduled Monday after a period of five (5) calendar days from the date of the requested change. Deposits into Registered Seller’s Bank Checking Account will generally be credited within three (3) to five (5) Business Days of the date we initiate the transfer.
  30. If we reasonably conclude based on information available to us that Registered Seller’s actions and/or performance in connection with Direct Checkout may result in Buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put into effect a hold, deposit delay, or reserve associated with Registered Seller’s Shop Payment Account balance. A hold may be put on funds associated with a particular Payment Transaction in the event of disputes or investigations associated with the order for the shorter of: (a) 180 days after the estimated delivery date; or (b) completion of any investigation(s) regarding any Registered Seller actions and/or performance in connection with the Payment Transaction. Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed as defined in Section 4a. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all Payment Transactions for Registered Seller and the number of days is reflected in each Registered Seller’s Shop Payment Account. A reserve is defined as a fixed percentage of Registered Seller’s Shop Payment Account balance delayed prior to being included as part of Seller’s Available Balance for a period of up to 180 days. All holds, deposit delays, and reserves will be communicated to Registered Seller by email or a notice on the Site. We will not be liable to Registered Seller if we act in accordance with the provisions of this Section.
  31. In the event funds cannot be deposited into Registered Seller’s Bank Checking Account, the funds will be made available in Registered Seller’s Shop Payment Account balance. Registered Seller will be required to update his or her Bank Checking Account information.
  32. Recoupment
  33. We reserve the right to seek reimbursement from Registered Seller if we, in our sole discretion, provide a refund to Buyer if Registered Seller cannot promptly deliver the goods, or if we discover erroneous or duplicate transactions, receive a chargeback from Buyer’s credit card issuer for the amount of Buyer’s purchase from Registered Seller, or Registered Seller otherwise does not act in accordance with My Halal Kitchen’s General or Seller Guidelines.
  34. We may obtain reimbursement of any amounts owed by Registered Seller to My Halal Kitchen by deducting from future payments owed to Registered Seller, reversing any credits to Registered Seller’s Shop Payment Account balance, charging Registered Seller’s credit card on file, or seeking such reimbursement from Seller by any other lawful means, including collections. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the charging of your credit card or debiting from your checking account.
  35. Fees
  36. Payment processing fees vary by domicile of Registered Sellers bank and are applied to each order completed via Direct Checkout. This fee is assessed on the total amount of the sale, including tax and shipping. Unlike other fees, this processing fee is deducted from the transaction amount as the funds become available for deposit. Payment processing fees will be reflected in your Payment Account.

Payment processing fees by Registered Seller’s bank account country:

Location of Bank Account Direct Checkout Fees (% of total sale price + flat fee per order)
United States 3% + 0.25 USD
Canada (domestic orders; orders from the US) 3% + 0.25 CAD
Canada (international orders) 4% + 0.25 CAD
Austria 4% + 0.30 EUR
Australia (domestic orders) 3% + 0.25 AUD
Australia (international orders) 4% + 0.25 AUD
Belgium 4% + 0.30 EUR
Denmark 4% + 2.50 DKK
Finland 4% + 0.30 EUR
France 4% + 0.30 EUR
Germany 4% + 0.30 EUR
Ireland 4% + 0.30 EUR
Netherlands 4% + 0.30 EUR
New Zealand (domestic orders) 3% + 0.30 NZD
New Zealand (international orders) 4% + 0.30 NZD
Norway 4% + 2.50 NOK
Sweden 4% + 3.00 SEK
Switzerland 4% + 0.50 CHF
United Kingdom 4% + 0.20 GBP
  1. When listing in a currency other than Registered Seller’s bank account currency, My Halal Kitchen will convert the Available Balance to the Registered Seller’s bank currency on Seller’s behalf, which is reflected in the Shop Payment Account. When a conversion is required, My Halal Kitchen applies 2.5% to the current market rate. Conversion rates are updated hourly.
  2. When buying from a Registered Seller who lists in a currency other than the Buyer’s browsing currency, My Halal Kitchen will convert the listing price on the Buyer’s behalf. When a conversion is required, My Halal Kitchen applies 2.5% to the current market rate. Conversion rates are updated hourly.  
  3. Reporting obligations
  4. For U.S. Registered Sellers, Internal Revenue Service (“IRS”) regulations require that U.S. third-party settlement organizations and payment processors, including My Halal Kitchen, file Form 1099-K to report unadjusted annual gross sales information for sellers that meet both of the following thresholds in a calendar year (reporting):
  5. More than $20,000 in gross sales, and
  6. More than 200 transactions.

As a result of these regulations, Registered Sellers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required by My Halal Kitchen to provide taxpayer-identification information and will be notified via email and through other communication channels available on My Halal Kitchen.

  1. Miscellaneous
  2. All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by My Halal Kitchen. We will send notices to Registered Seller at the e-mail address maintained in My Halal Kitchen’s records for Registered Seller. Registered Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us and otherwise agrees to the notification clause in the My Halal Kitchen Terms of Use. Registered Seller will send notices to us using the functionality for contacting My Halal Kitchen provided in our Help Section.
  3. Outside of the United States, we may employ a third party to facilitate payment services, including the holding, crediting and debiting of funds.
  4. Registered Seller may terminate acceptance of credit card and My Halal Kitchen Gift Card payments through Checkout at any time by adjusting his or her Shop Settings and we may terminate Registered Seller’s use of Checkout without notice to Seller. Upon termination, any non-disputed available balance will be deposited into a Registered Seller’s Bank Checking Account and Seller will still have access to his or her Shop Payment Account. We reserve the right, upon termination of access to Direct Checkout, to set off against any payments to be made to Registered Seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with purchases from Registered Seller’s Shop Payment Account for a prospective 180-day period. At the end of such 180-day period following termination, we will disburse to Registered Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Registered Seller via any of the means authorized in Section 5 above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable. Refer to the My Halal Kitchen Terms of Use for information regarding termination of Seller’s accounts.

My Halal Kitchen reserves the right to alter these policies at any time.

 

My Halal Kitchen’s Trademark Guidelines

We here at My Halal Kitchen™ support and encourage ideas, services, and tools that use and supplement the My Halal Kitchen services; however, we are also serious about protecting our reputation and brand identity. To help us achieve this goal, we have created these guidelines to help My Halal Kitchen members, My Halal Kitchen Teams, and others refer to us or our services without compromising the strength of our trademarks or our brand identity. In other words, these guidelines only concern the use of My Halal Kitchen’s intellectual property (for example, the use of the term “My Halal Kitchen” or “MHK Market”). For issues regarding any intellectual property which is not exclusively owned by My Halal Kitchen, LLC. please refer to My Halal Kitchen’s Copyright and Intellectual Property Policy.

Trademark Basics

A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. The word “My Halal Kitchen” and other My Halal Kitchen graphics, logos, designs, page headers, button icons, scripts, and service names (together, the “My Halal Kitchen Marks”) are registered trademarks, trademarks or trade dress of My Halal Kitchen, LLC. in the U.S. and/or other countries.

Why must My Halal Kitchen Protect the My Halal Kitchen Marks? My Halal Kitchen must be to able assure Internet users and others that only the services offered, sponsored, or endorsed by My Halal Kitchen actually bear the My Halal Kitchen Marks. Trademark law requires that we not only protect against improper use of the My Halal Kitchen Marks, but also protect against the use of confusingly similar marks.

Using the My Halal Kitchen Marks

In order for you to help us protect the My Halal Kitchen Marks, we ask the following:

DO:

  • Do make fair use of My Halal Kitchen’s Marks. My Halal Kitchen supports free speech and you do not need permission to make legitimate commentary about My Halal Kitchen, the company, or My Halal Kitchen’s services.
  • Do distinguish the My Halal Kitchen Marks from surrounding text by, for example, capitalizing the first letter of the My Halal Kitchen Marks.
  • Do spell the My Halal Kitchen Marks properly.

DO NOT:

  • Do not say things about My Halal Kitchen you know are not true.
  • Do not incorporate the My Halal Kitchen Marks or a confusingly similar mark into, for example, the name of your business, organization, non-profit organization, event, or trademark.
  • Do not remove, alter, distort or modify the My Halal Kitchen Marks, including adding other terms to the My Halal Kitchen Marks to create new words.
  • Do not use the My Halal Kitchen Marks or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by My Halal Kitchen, LLC. or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of My Halal Kitchen, LLC. or an My Halal Kitchen employee.
  • Do not, without prior permission, use the My Halal Kitchen Marks in a product. Click here for information about applying for a license to use an My Halal Kitchen Mark in connection with a product.
  • Do not use any trademarks, service marks,  designs or logos that are confusingly similar to the My Halal Kitchen Marks or the look and feel of the My Halal Kitchen website.
  • Do not use the My Halal Kitchen Marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
  • Do not use the My Halal Kitchen Marks in a manner that is in My Halal Kitchen’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene or otherwise objectionable to My Halal Kitchen.

To help clarify these guidelines, please check out these examples.

My Halal Kitchen reserves the right to alter these policies at any time.

 

API Terms of Use

Introduction

Below this introduction is quite a bit of important legal language. Please read it.

Inside My Halal Kitchen, we talk a lot about the importance of humanity, honesty and transparency in our communications. So, before you read on to the important legalese, we want to share a few thoughts in human and honest terms.

  1. My Halal Kitchen believes in the power of APIs to unleash the talents of developers around the globe to build new applications that extend My Halal Kitchen’s utility and help build the world’s most vibrant handmade marketplace.
  2. We are trying to build My Halal Kitchen into a profitable and lasting company. Thus, there are several important guidelines in our APIs related to “commercial use” and driving transactions back to My Halal Kitchen. Please pay particular attention to those sections.
  3. My Halal Kitchen operates in a highly dynamic industry. We cannot anticipate what new technologies or developments will change “the rules of the game.” We only know that change occurs, and that it occurs quickly on the Internet. So, we do expect to periodically, perhaps even regularly, change these Terms of Use.
  4. We are constantly evolving and, hopefully, improving MyHalalKitchen.com, building new features and providing more benefits to buyers and sellers. It is possible that My Halal Kitchen’s current or future product road map may overlap with products or features that a developer has already built. This overlap of features occurs in most API communities.
  5. Most content in the MHK Market (with the notable exception of the My Halal Kitchen Store and website/blog) is user generated. The pictures, descriptions and stories about the items for sale (among other things) are owned by My Halal Kitchen’s members, not by My Halal Kitchen. As part of this API, we are providing a sublicense to reuse this content “in the spirit of My Halal Kitchen.” That is, by nature, a subjective statement, and My Halal Kitchen must reserve the right to determine — as fairly as possible and considering the concerns of My Halal Kitchen’s members first — when an application is not in the “spirit of My Halal Kitchen”. We expect that most applications will indeed bask in My Halal Kitchen spirit.
  6. My Halal Kitchen supports developers, and we want the entire community — not only buyers and sellers, but also developers — to prosper. Some developers do this for the sake of coding, some do it for fun, and some do it to make money. Coding is not much different than crafting. My Halal Kitchen sellers become experts at their crafts. Some do it for the joy of creating things of beauty, some do it for fun, and many also do it to make money. So, again, please read carefully the section around “commercial use.” We want developers to be able to earn money to support their efforts making My Halal Kitchen applications. We also want to make My Halal Kitchen a profitable, lasting company that can empower people to do international business together in the world’s halal economy and enlighten others about the benefit of halal products and services.

Thank you for being part of My Halal Kitchen. If you have any questions, contact us at contact@MyHalalKitchen.com. We welcome you and look forward to working with you.

The My Halal Kitchen Team

API Terms of Use

The Terms apply to your use of www.MyHalalKitchen.com/store, including any successor sites, (the “Website”) and any and all data, text, software, documents and other materials on the Website (“Content”) associated with the application programming interface offered through the Website (currently available at http://www.MyHalalKitchen.com/developers) (the “API”). Registered users of the Website (“My Halal Kitchen Members”) may upload Content to the Website. By registering as a developer, you or the entity or company that you represent (“Developer” or “You”) are unconditionally agreeing to be bound by the following terms and conditions, including those available by hyperlink from within this document, and are becoming a party to this API Terms of Use Agreement (collectively, the “Terms”). Your continued use of the API shall also constitute assent to the Terms. If the terms set out herein are considered an offer, acceptance is expressly limited to these terms.

1. API Licensed Uses and Restrictions.

Subject to full compliance with the Terms, My Halal Kitchen, LLC. (“My Halal Kitchen”) hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access and use the API solely as necessary to create and run websites and applications (collectively, “Applications”) that meet all the requirements and conditions set forth in the Terms.

You shall:

  • Comply with the Website’s Terms of Use, My Halal Kitchen Guidelines, Privacy Policy, the terms of which are hereby incorporated by this reference, and other My Halal Kitchen policies as incorporated in such agreements and policies by reference, as those agreements and policies may be changed from time to time. In the event of a conflict between the terms and conditions of this API Terms of Use Agreement and any of the other agreements or policies incorporated herein, the terms and conditions of such agreements or policies, as applicable shall govern but only to the extent of the conflict.
  • Guarantee that Your use of the API is, as in the sole discretion of My Halal Kitchen, in the spirit of My Halal Kitchen.
  • Take reasonable precautions to comply with applicable My Halal Kitchen Members’ restrictions, as specified by My Halal Kitchen Members, for example, including by not limited to, in their My Halal Kitchen profile, My Halal Kitchen shop policies, or item description, concerning the use of content posted on My Halal Kitchen by members of My Halal Kitchen (collectively, “Member Content”); Remember, My Halal Kitchen does not own Member Content; My Halal Kitchen’s members own their own Member Content.
  • Link directly back to the product information and/or image Content on My Halal Kitchen, where the Application utilizes product information and/or images.
  • Provide a prominently displayed email address on Your Application for third parties to contact You with any questions or issues. You shall respond to such inquiries in a timely manner.
  • Use commercially reasonable efforts to provide a terms of service and privacy policy in a visible location on your Application.
  • Be solely responsible for all aspects of Your Application and any content appearing therein, and for providing all customer support to end-users relating to Your Application.
  • Be truthful and honest about the Application to My Halal Kitchen and Your users.

You shall not:

  • Use the API for any Application that replicates or attempts to circumvent the Website’s checkout process or attempts to replace the essential user experience of MyHalalKitchen.com.
  • Attempt to circumvent any security measures or technical limitations of the API.
  • Cache or store any Content or My Halal Kitchen Member Content other than for reasonable periods in order to provide the service to MHK Market Members.
  • Display item Content or product information and/or images which is more than six (6) hours older than such information is on the Website, and other My Halal Kitchen Content cannot be more than twenty-four (24) hours older than such Content on the Website.
  • Use the API (or any Content or My Halal Kitchen Member Content within the API) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights to personality or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law (including but not limited to exportation laws).
  • Use the API in a manner that disrupts the flow of dialog or otherwise negatively affects other MHK Market Members’ ability to use the Website or the ability of any device to access the Website, Content or any of My Halal Kitchen’s associated services, or adversely impacts the stability of MyHalalKitchen.com servers or behavior of other Applications using the API, or transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage. Users are allocated by default, 5,000 calls per day.
  • Sell, lease, or sublicense the API or access thereto.
  • Except as expressly permitted under Section 4 of this API Terms of Use Agreement, derive revenues from the use or provision of the API.
  • Modify, decompile, extend, subset or superset the API or otherwise alter the API to any extent.
  • Use the API in a way that harms the interests of My Halal Kitchen, the Website, any of its affiliates, the API or its program, or other users of the Website.
  • Transmit spam or upload, post or otherwise transmit Content that is inaccurate, harmful, obscene, defamatory, racist or is otherwise offensive to others.
  • Misrepresent or falsely state Your identity or affiliation with My Halal Kitchen, any person, or any business.
  • Upload, post, collect or store Website member ID and password combinations.
  • Upload, post, collect, store, share, transfer, or process personal information or data about MHK Market Members unless specifically authorized by such member.
  • Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website.
  • Provide, procure or permit third party access to the Website unless expressly so authorized by My Halal Kitchen.
  • Create an Application that may be used to violate My Halal Kitchen’s terms of use or other site policy.
  • Disparage My Halal Kitchen or knowingly tarnish the name reputation, image or goodwill of My Halal Kitchen in connection with Your Application or participation in the API program.

 

ALL RIGHTS NOT EXPRESSLY GRANTED IN THE TERMS ARE HEREBY RESERVED BY MY HALAL KITCHEN AND ITS LICENSORS.

2. Attribution

My Halal Kitchen, and other My Halal Kitchen graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of My Halal Kitchen in the U.S. and/or other countries (“My Halal Kitchen’s Trademarks”). Subject to full compliance with the Terms, and My Halal Kitchen’s Trademark Guidelines as made available to You, My Halal Kitchen hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use My Halal Kitchen’s Trademarks in Your Application.

  • You shall not use or alter any text, logos, My Halal Kitchen’s Trademarks, My Halal Kitchen’s signature colors, My Halal Kitchen’s layout, or a confusingly similar layout to My Halal Kitchen’s layout in such a way which may suggest endorsement or affiliation by My Halal Kitchen.
  • Any use of the My Halal Kitchen logo or My Halal Kitchen’s Trademarks must be used in its entirety and must not be altered or used in a misleading way.
  • You shall not use a mark which is confusingly similar to My Halal Kitchen’s Trademarks.
  • Any use of the My Halal Kitchen logo or My Halal Kitchen’s Trademarks in Your Application shall be less prominent than the logo or mark that primarily describes the Application and Your use of the My Halal Kitchen logo shall not imply any endorsement or affiliation by My Halal Kitchen.
  • You may publicize, issue press or blog releases of Your Application only if You state that it was created using the My Halal Kitchen API and that You in no way imply that Your Application is endorsed or certified by My Halal Kitchen.
  • You must place or display the following notice prominently on Your Application:

“The term ‘My Halal Kitchen’ is a trademark of My Halal Kitchen, LLC. This application uses the My Halal Kitchen API but is not endorsed or certified by My Halal Kitchen, LLC.”

Without limiting the foregoing, My Halal Kitchen will have the right to do quality insurance inspections of the Applications and withhold the right to use My Halal Kitchen’s Trademarks if the quality is not satisfactory to My Halal Kitchen in its sole discretion.

3. Registration Data

In consideration of Your use of the API, You agree to:

  • Provide accurate, current, and complete information about You as may be requested by My Halal Kitchen during registration and ongoing participation in My Halal Kitchen’s API program (the “Registration Data”), and update and keep all such information accurate, current and complete at all times.
  • Maintain the security of Your password and identification, as you are responsible for any consequences of any failure to do so.
  • Evaluate and bear all risks associated with Your use of the API, any Content or services, including any reliance on the accuracy, completeness, or usefulness of the Content and the risks of unauthorized access.
  • Take all appropriate virus precautions, and warrant that Your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.
  • Immediately report any security deficiencies You discover to My Halal Kitchen by emailing contact@MyHalalKitchen.com.

You have sole responsibility for adequate protection and backup of data and/or equipment used by You in connection with the API and/or the Website. The interactivity and Web services features of the Website are intended for use by the person who has authenticated their identity and lawfully received an API Key from My Halal Kitchen to the Website from My Halal Kitchen and/or its affiliates (“Registered Users”). By using the API and/or the Website in any manner, You represent that You are a Registered User. You further consent and authorize My Halal Kitchen and/or its affiliates to verify Your Registration Data.

4. Commercial Use of the API

In general, reasonable commercial uses of the API are permitted. Non-limiting examples of what is prohibited, unreasonable commercial use include:

  • Selling the API, Member Content (that is not Your own) or related services, or access to any of the foregoing.
  • Charging users a fee to use or access that portion or aspect of Your Application that integrates the API or an aspect of My Halal Kitchen which My Halal Kitchen provides to My Halal Kitchen Members free of charge.
  • Using the API primarily to drive traffic to other non-My Halal Kitchen websites or services.

Examples of permitted, reasonable commercial uses include:

  • Charging users a fee for those portions or aspects of the Application that do not integrate the API, such as engaging in the sale of your own products or services.
  • Displaying advertising in your Application, so long as You are not misleading or abusing users.
  • Any use that is expressly authorized by My Halal Kitchen.

If You are not sure if Your Application has a permitted reasonable commercial use, or anticipate that You will or have already exceeded the limit of 5,000 calls per day, please contact us at contact@MyHalalKitchen.com and provide us with as much information as possible and we’ll be happy to talk.

5. Your Obligations and Conduct; Use of Services

You expressly agree that My Halal Kitchen and its affiliates have no responsibility or control over the Content that You, or other My Halal Kitchen Members, upload, post or otherwise transmit via the Website and/or the API (including, without limitation, any Content submitted to any forum) or modifications You may make to the Content or Member Content. You agree that My Halal Kitchen and its affiliates may or may not (as determined in its sole discretion, and without an obligation to do so) review the Member Content before You upload, modify, post or otherwise transmit such Member Content. My Halal Kitchen makes no representation that Your use of the Website, the Content, or the API will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, My Halal Kitchen and its affiliates do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. My Halal Kitchen and its affiliates do not endorse any opinions expressed in or through any such Content. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Except where expressly stated to the contrary, My Halal Kitchen possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate Your ability to access the Website and/or the API without notice, at its sole discretion. You further acknowledge and agree that My Halal Kitchen may have something similar to Your feedback or Application already under consideration or in development now or in the future.

6. Amendment of Terms

My Halal Kitchen reserves the right at any time in its sole discretion without liability to You or any third party to modify, amend, restrict, suspend, deny or terminate Your access or the access of all users to the Website, the API, or any of the Website’s Content or services. Termination of a license to use the Website and/or the API does not constitute termination of these Terms.

My Halal Kitchen may amend these Terms, including, without limitation, the agreements and policies incorporated herein by reference, at any time. When My Halal Kitchen changes any such agreement or policy in a material way a notice will be posted on the Website, and when any change is made in any such agreement or policy, the updated agreement or policy, as applicable, will be posted at the applicable link above or a successor link. You understand and agree that if You use the API or the Website or any of the services offered in connection therewith after the date on which any of the foregoing terms have changed, My Halal Kitchen will treat Your use as acceptance of the updated terms.

7. Property Rights

The Website, including without limitation all Content and all intellectual property rights in and to the same, is owned by or licensed to My Halal Kitchen, its affiliates, or our third-party content providers. You must not modify, decompile, or reverse engineer any software (including, without limitation, the API) that My Halal Kitchen or its affiliates disclose to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Subject to the following paragraph, You acknowledge and agree that no right, title or interest in any Content is transferred to You as a result of Your use of such Content, the Website, the API or any services provided or otherwise made available via the Website.

My Halal Kitchen and its affiliates do not claim ownership of the Member Content and shall have no obligation of any kind with respect to such Member Content, in each case except to the extent expressly assumed under written agreement. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms.

As between You and My Halal Kitchen, You are also solely responsible for all aspects of Your Application.

8. Term

The Terms take effect on the date You accept them and will continue until expiration or termination. My Halal Kitchen reserves the right at any time in its sole discretion to terminate the Terms, with or without notice. Upon termination of the Terms for any reason, Your access to the Website, the API and Content, and all of Your user’s rights herein, will cease. Rights and obligations under this API Terms of Use Agreement, as well as any rights or obligations under any of the agreements or policies incorporated herein by reference, which either by their nature should survive or which by their terms expressly survive will remain in full effect after any termination or expiration of the applicable document, including without limitation those of Sections 5, 6, 7, 8, 9, 11, 12, 13, and 16 of this API Terms of Use Agreement.

9. Website Human Use Restriction And Use of API

The API is the only supported method for users to access data programmatically from My Halal Kitchen. The My Halal Kitchen Website, including Content and applications is published solely for direct access by human users. ‘Spiders’, ‘crawlers’, ‘bots’ and all other automated software or hardware devices designed to access and ‘read’ or otherwise analyze the Website independently are prohibited unless they are expressly so authorized by My Halal Kitchen. For example, you agree not to:

  • ‘Screen scrape’ pages on the My Halal Kitchen Website, even if such data is not available in the My Halal Kitchen API.
  • Reverse engineer internal data feeds used by the My Halal Kitchen Website, including My Halal Kitchen’s flash applications, even if such data is not available in the My Halal Kitchen API.
  • Access legacy or internal APIs used by My Halal Kitchen but not available through the public API.

10. Fees and Payments

My Halal Kitchen reserves the right to charge fees for future use of or access to the My Halal Kitchen API.

11. NO WARRANTY

MY HALAL KITCHEN, MY HALAL  KITCHEN’S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND MY HALAL  KITCHEN’S SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY HALAL KITCHEN, ON BEHALF OF ITSELF AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AND MY HALAL KITCHEN’S SUPPLIERS AND SERVICE PROVIDERS, SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, API, CONTENT AND ANY SERVICES ASSOCIATED WITH ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MY HALAL KITCHEN SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

12. LIABLITY LIMIT

IN NO EVENT SHALL MY HALAL KITCHEN, (AS APPLICABLE) MY HALAL KITCHEN’S AFFILIATES , OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR MY HALAL KITCHEN’S SUPPLIERS AND SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO (A) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, API, MY HALAL KITCHEN’S SERVICES, OR (B) THE TERMS, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF OPPORTUNITY OR GOODWILL, OR COST OF REPLACEMENT SERVICES, EVEN IF SUCH PARTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

MY HALAL KITCHEN’S MAXIMUM AGGREGATE LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MY HALAL KITCHEN’S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENATIVES AND MY HALAL KITCHEN’S SUPPLIERS AND SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTIES CLAIMING UNDER OR THROUGH YOU IN ANY CIRCUMSTANCE ARISING UNDER OR RELATED TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MY HALAL KITCHEN PURSUANT TO THIS API TERMS OF USE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED.

13. HOLD HARMLESS AND INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD MY HALAL KITCHEN AND (AS APPLICABLE) MY HALAL KITCHEN’S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND MY HALAL KITCHEN’S SUPPLIERS AND SERVICE PROVIDERS, HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND DEMANDS , INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO ANY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS MADE OR BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

14. Privacy

My Halal Kitchen’s Privacy Policy is found here, the terms of which are hereby incorporated into the Terms by this reference.

15. Copyright and Intellectual Property Policy

My Halal Kitchen’s Copyright and Intellectual Property Policy is found here, the terms of which are hereby incorporated into the Terms by this reference.

16. General Terms

Equitable Relief. You agree that any breach of the Terms will result in irreparable harm to My Halal Kitchen or its affiliates for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, My Halal Kitchen or its affiliates will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened. You waive any requirement for the posting of a bond or other security if My Halal Kitchen or its affiliates seek such an injunction.

No Agency. You acknowledge and agree that the relationship between You and My Halal Kitchen and its affiliates (if applicable) is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between My Halal Kitchen or any of its affiliates with You.

Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the Terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.

Choice of Law. The Terms shall in all respects be interpreted and construed with and by the laws of the State of New York without regard to its conflict of laws principles. The parties hereby disclaim the application of the U.N. Convention on Contracts for the International Sale of Goods. The sole and exclusive jurisdiction and venue for actions and disputes arising under the Terms will be the state and federal courts in the Southern District of the State of New York. You hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under the Terms shall be entitled to its costs and legal fees.

Entire Agreement. The Terms constitute the entire agreement between You and My Halal Kitchen relating to their subject matter, and cancel and supersede any prior versions of the Terms as well as all prior agreements (whether oral, written or otherwise) and representations between You and My Halal Kitchen. No modification to the Terms will be binding, unless in writing and signed by an authorized My Halal Kitchen representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder, in whole or in part, whether voluntarily or by operation of law, and any attempt to do any of the foregoing in violation of this provision will be null and void. My Halal Kitchen expressly reserves the right to assign the Terms and to delegate any of its obligations hereunder. The Terms are binding on and inure to the benefit of each party hereto and their heirs, successors and permitted assigns.

© 2014 My Halal Kitchen, LLC. All Rights Reserved.

 

Billing Policy

My Halal Kitchen offers one plan for paying your bill: manual bill payment.

 

Manual Billing: At the beginning of the month, My Halal Kitchen will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and services.

The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.