Last Updated Date: October 29, 2012
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Chef'd Up sites and services, in which case any continuing access or use of Chef'd Up sites and services is unauthorized.
The TOU grants you a limited, revocable, non-exclusive license to access the sites and use our services for personal use. You may not use the sites and services beyond the scope of access granted to users by the TOU.
2) Description of Services
Chef'd Up provides services through chefdup.com and its related pages (together the "Site"). Through the Site, Chef'd Up provides a platform whereby website visitors ("Users") may browse listings of third-party chefs ("Chefs"), contact and engage Chefs for professional services ("Chef Services") detailed in their listings, and pay Chefs for Chef Services. Together, this set of opportunities allowing a User to find, engage, and pay a third-party Chef for Chef Services is known as the "Services" provided by Chef'd Up.
3) Use of Services
Users understand that the Services provided by Chef'd Up are limited to those detailed in the "Description of Services" above.
Users understand that Chef listings, including all information and materials posted within, are created solely by Chefs and that Chef'd Up has no control over or responsibility for such information. Users agree that Users must independently assess and bear all risks associated with the reliance on or use of any information in Chef listings, including, but not limited to, other Users' reviews. Under no circumstances is Chef'd Up liable in any manner for any loss or damage of any kind incurred as a result of Users' reliance on or use of information in Chef listings.
Users further understand that while Chef'd Up limits the number of Chefs able to post listings, the inclusion of Chefs' listings does not in any manner serve as an endorsement or recommendation, express or implied, of such individuals' Chef Services.
Correspondence and Meetings with Chefs
Users agree that Users must independently assess and bear all risks associated with providing Users' contact information to Chefs and with all subsequent correspondence and meetings, including, but not limited to, messages delivered on the Site, telephone calls, e-mails, in-person meetings and/or in-person events. Under no circumstances is Chef'd Up liable in any manner for any loss or damage of any kind incurred as a result of Users' correspondence or meetings with Chefs. Chef'd Up does not endorse, vouch for, verify identity of or have the obligation to conduct background checks on any Chefs. We do not attempt to confirm, and do not confirm, any Chef's purported identity or suitability for engagement. You are responsible for determining the identity and suitability of Chefs who you may contact via the Site.
Users understand that Chef'd Up does not endorse Chefs, guarantee or recommend Chef Services or have any influence or control over Chefs and Chef Services. Users understand that Chefs are third-party service providers that are completely independent of Chef'd Up. Chef'd Up has no responsibility for or control over Chefs' conduct, quality of service, adherence to laws and regulations or any and all other forms of output, consequences of output or responsibilities borne by the Chefs. Users agree that Users must independently assess and bear all risks associated with engaging Chefs for Chef Services. Under no circumstances is Chef'd Up liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred as a result of Users engaging Chefs for Chef Services, whether from Chefs' performance or non-performance of such services. Users confirm that Chef'd up solely provides the online platform on which to find, engage and pay a third-party Chef for Chef Services.
Responsibilities and Expectations of Users and Chefs
Users understand that it is the sole responsibility of Users and the Chefs they engage with to determine which parties (User or Chef) bear which responsibilities, including, but not limited to, acquiring food, ensuring a working kitchen environment, serving food and cleaning up. Chef'd Up will in no way whatsoever get involved in determining such responsibilities or resolving any disputes about such responsibilities. Users confirm that by booking their Chef through a payment on the Site, that an Event agreement is formed between the User and the Chef and that all related responsibilities and expectations regarding the Event are to be governed by the verbal or written communications between the Users and their Chefs that preceded this agreement.
Disputes Between Users and Chefs
Users agree that Chef'd Up has no responsibility to and will not get involved whatsoever in resolving any disputes between Users and Chefs regarding any matter of any kind. However, Chef'd Up may, from time to time at its sole discretion, become involved in resolving a dispute.
If Users utilize the Site to form an agreement with a Chef to provide Chef Services, and there is a dispute regarding the performance or non-performance of such Chef Services, including over the payment or any related matter, Chef'd Up will not become involved in resolving such a dispute.
Users understand that the process to reserve a Chef is performed as follows. First, a User sends a reservation request for a particular day and service (together an "Event") to a Chef using the Site's functionality. Payment is not required at this time. This request is only a notification to the Chef of such User's interest in engaging the Chef for an Event and does not constitute a confirmed reservation or commitment by either party. The Chef will receive the User's Event request and make contact with the User to discuss Chef Service details. Once a final price is agreed to, the Chef will input and approve that price using the Site's functionality, and the User will then be required to approve and pay the final price on the Site's functionality. Once the price is approved by the User, the User will gain access to the Site's payment system. Upon the User's payment, the Chef will receive notification that the payment has been received by Chef'd Up, and the event date will be blocked out on the Chef's availability calendar on the Site's functionality.
Users understand that the process to pay Chefs is performed as follows. Chef'd Up manages the payment process between Users and Chefs. Chef'd Up collects Users' payments prior to Events through a third-party online payment processing system embedded in the Site. Chef'd Up then remits payments to Chefs upon completion of Events. Users agree that under no circumstances is Chef'd Up liable in any manner for any loss or damage of any kind incurred as a result of Users' use of the third-party online payment processing system.
Payment and Cancellation Policy
Users understand that Chef'd Up requires full payment from Users at the time of Users' price approval on the Site. Chef'd Up will hold the funds until the Event is completed, when payment will be remitted to the Chef. If the Event is cancelled by the User up to two weeks before it is scheduled, User will receive a full refund. If the Event is cancelled within two weeks of the event but prior to five (5) days before the start time of the Event, User will incur a 25% cancellation fee and the remainder will be returned to the User. If the Event is cancelled by the User within five (5) days of the Event, User will forfeit the entire payment. Users understand that upon completion of Events, Chefs will receive payment regardless of Users' level of satisfaction with the Events, and that any subsequent payment disputes between Users and Chefs, including, but not limited to, Users seeking a refund from Chefs, are exclusively between the User and the Chef. Chef'd Up only manages the payment process based on the final price agreed to by both the User and Chef and confirmed by both parties on the Site's functionality. Users agree that Chef'd Up has no responsibility to and will not get involved whatsoever in resolving any disputes between Users and Chef's regarding prices or payments.
Chef'd Up reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the "Last Updated Date" at the top of these TOU. By continuing to access or use the Site or Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Services.
Chef'd Up has the right, but not the obligation, to regulate content (which includes, but is not limited to, User and Chef postings on Event message boards) posted to, stored on or transmitted from chefdup.com by any User or Chef; and to enforce the TOU for any reason and in any manner or by any means that Chef'd Up, in its sole discretion, deems necessary or appropriate (including but not limited to screening, blocking, filtering, requiring the use of an application programming interface (API), authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Chef'd Up may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
Users agree that Chef'd Up has the right, but not the obligation, to terminate a User's access to the Site and Services by deleting a User's account or blocking an e-mail or IP address immediately and without notice, for any reason deemed by Chef'd Up to be inconsistent with the TOU. Users agree that Users will not hold Chef'd Up liable for any such termination by Chef'd Up.
Users understand that any such measures, actions or inactions taken by Chef'd Up and any of its members or officers that fall under the "Moderation" section are undertaken voluntarily and in good faith.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
8) User Conduct
In connection with your use of the Site and Services, you may not and you agree that you will not:
- use the Site or Services for any commercial purposes, including, but not limited to, chef recruitment or other purposes that are not expressly permitted by these TOU;
- use the Site or Services to find a Chef for transactions, either now or in the future, that will not utilize the Site for payment processing and/or that are meant to circumvent the obligation to pay any fees related to Chef'd Up's provision of the Services;
- once an event is complete, contact the Chef you engaged with regarding future Chef Services (you must use the Site to contact this Chef and use the Site's payment system if you are to engage with this Chef again. Contacting this Chef for subsequent Chef Services without the use of the Site is an explicit violation of this agreement);
- contact a Chef for any purpose other than asking a question related to an Event;
- "stalk", harass or harm any Chef or collect or store any personally identifiable information
- copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these TOU;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person, including without limitation, photographs of others without their permission or personal contact information;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- access non-public areas of the Site;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, either as an individual or in conjunction with a third party;
Chef'd Up will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
9) Proprietary Rights
The Site, including all of its content created by Chef'd Up or third-party Chefs, and Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of Chef'd Up. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services. When used on the Site or for other commercial purposes, the phrase or logo "Chef'd Up" is a trademark of Culinary Ventures LLC.
10) Service Fees
Signing up as a User is free. When an Event is reserved and completed with a Chef and in consideration for providing the Services surrounding such an Event, Chef'd Up collects a service fee from Users out of the payment that is processed on the Site. This fee for Services is a percentage of the total payment processed on the Site. Regardless of the User's level of satisfaction with Chef Services provided, Chef'd Up will retain its service fee in consideration of the provision of the Site and Services.
YOUR ACCESS TO, USE OF AND RELIANCE ON CHEF'D UP IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION WITH CHEFS. USERS ACKNOWLEDGE AND AGREE THAT CHEF'D UP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CHEF, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
USERS CONFIRM UNDERSTANDING THAT INTERACTIONS WITH CHEFS FOUND THROUGH THE SERVICE, INCLUDING PLANNING, PAYMENT, AND DELIVERY OF CHEF SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS RELATED TO SUCH INTERACTIONS, ARE EXCLUSIVELY BETWEEN USERS AND CHEFS, REGARDLESS OF WHETHER CHEF'D UP'S PLATFORM FACILITATES COMMUNICATION AND PAYMENT BETWEEN USERS AND CHEFS. CHEF'D UP (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, MESSAGE BOARD AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, CHEF'D UP ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND CHEF SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.
12) Limitations of Liability
CHEF'D UP AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND A CHEF OR OTHER PERSON ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CHEF'D UP OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).
ADDITIONALLY, BECAUSE CHEF'D UP HAS NO RESPONSIBILITY FOR THE PLANNING AND OUTCOME OF PLANNED OR COMPLETED TRANSACTIONS BETWEEN USERS AND CHEFS, IF A DISPUTE ARISES BETWEEN USERS AND CHEFS, USERS HEREBY RELEASE CHEF'D UP AND EACH OF ITS MEMBERS AND OFFICERS FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH CHEF'D UP.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify and hold Chef'd Up and its members and officers harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, your use of or reliance on any Chef content posted on the Site, and/or your violation of any law or the rights of a third party.
This TOU constitutes the entire and exclusive understanding and agreement between Chef'd Up and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between Chef'd Up and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of Massachusetts and the United States of America.
Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Chef'd Up to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.