Terms of Service
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TERMS OF SERVICE
OVERVIEW
Chezchefs, Inc. ("Chezchefs," "we," "us," "our") provides its services (described below) to you through its website located at https://www.Chezchefs.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate on this page the date these terms were last revised. We will endeavor to notify you of material changes to the Terms, either through the Services user interface, in an email notification or through other reasonable means
Any such changes will become effective immediately upon your acceptance of the modified Agreement. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable). If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service
SECTION 1 -Access and Use of the Service
Services Description: The Service is a technology platform that provides an online marketplace which enables connections between personal chefs, caterers and other individuals who wish to list, offer, sell and deliver food items and meal orders ("Meal(s)") to customers who browse and purchase Meals. Users who purchase Meals through the Service are "Customer(s)," and users who list, prepare and sell Meals through the Service are "Seller(s)." A user may be both a Customer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Customer and Seller.
Chezchefs offers a marketplace, it is not itself a Seller and is not preparing or selling any food. The Service includes enabling users to connect with each other and related services, but we are not a party to any purchase or sales transaction. To encourage return use of the Service, Chezchefs may also help facilitate the resolution of disputes between Customers and Sellers, but Chezchefs has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Meals offered or sold on the Service; (b) the truth or accuracy of a Seller's content or listings on the Service; (c) the ability of a Seller to sell Meals through the Service and deliver Meals within required delivery windows; (d) the ability of Customers to pay for Meals purchased through the Service; or (e) that a Customer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return a Meal through the Service
Sellers are independent business owners and independent contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Chezchefs. Chezchefs does not cook, package, or deliver food
Each Seller is solely responsible for complying with all applicable laws, rules and regulations and standards, including but not limited to those pertaining to the preparation, sale, marketing, and packaging of all Meals ordered through Chezchefs, and updating details and prices relating to the Meals offered. Each Seller is solely liable for the quality, safety, and freshness of its products, and Chezchefs does not verify the credentials, representations, products, services or prices offered by any Sellers, and does not guarantee the quality of the product or services, or that Sellers or Meals comply with applicable laws. Chezchefs will not be liable or responsible for any Meals provided by Sellers that are a cause of injury or that do not meet your expectations in any manner.
Depending on the jurisdiction, Chezchefs may enter into agreements with independent contractors (each a "Courier") to provide delivery services under certain circumstances if desirable by individual Sellers or Customers. If a Seller or Customer chooses to use a Courier to deliver a Meal, Chezchefs is not offering such delivery services and has no responsibility or liability for the actions or inactions of any Courier. Chezchefs will not be liable or responsible for any delivery services provided by a Courier or any errors or misrepresentations made by them. Couriers are required to comply with all applicable laws, rules, and regulations
Your Registration Obligations: You may be required to register with Chezchefs to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service (both Customers and Sellers). If you do not qualify, please do not use the Service. Additionally, Chezchefs reserves the right to refuse access to, or use of the Service to, anyone who breaches these Terms of Service or for the reasons related to the safety of the Chezchefs Community including Chezchefs Users, employees, or prospective Users. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Chezchefs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Chezchefs will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Chezchefs reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chezchefs shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service
General Practices Regarding Use and Storage: You acknowledge that Chezchefs may establish general practices and limits concerning use of the Service. You agree that Chezchefs has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Chezchefs reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Chezchefs reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content (including Meal options or Seller or Customer information) to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Chezchefs and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Chezchefs account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
By registering for and using Chezchefs and providing your contact information, you are consenting to be contacted by Chezchefs or any of its business partners by telephone, text message (which may be automated), email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from Chezchefs or its business partners, you agree to notify NextRound or its business partner directly. You may opt-out of various contact methods by emailing support@Chezchefs.com
SECTION 2 -Conditions of Use
User Conduct: You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by Chezchefs. Chezchefs reserves the right to investigate and take appropriate legal action against anyone who, in Chezchefs's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) sell, post or otherwise transmit any content or information relating to a Meal offering or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) contains 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; or (vii) in the sole judgment of Chezchefs, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Chezchefs or its users to any harm or liability of any type; b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) solicit personal information from anyone under the age of 18; d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; e) advertise or offer to sell or buy any goods or services other than Meals intended to be prepared, sold and purchased through the Service; f) use the Service to request, make or accept a Meal independent of the Service, to circumvent any fees that would otherwise apply to such transaction; g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; h) violate any applicable local, state, national or international law, or any regulations having the force of law;
User Representations, Warranties and Agreements. All Users represent and warrant that:
You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts. • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. • You have read, understand and agree to be bound by these Terms of Service and the Privacy Policy • You will respect the privacy (including without limitation private, family and home life) and data protection rights of Users with whom you communicate through the Chezchefs Marketplace • You will fulfill the commitments you make to other Users, communicate clearly and respectfully, provide or accept Meals at the agreed time and only utilize the third party payment service provider specified or approved by the Company to make or receive payment through the Chezchefs Marketplace. • You will act professionally and responsibly in your interactions with other Users; • You will use your real name or business name on your profile; • When using or accessing the Chezchefs Marketplace, including when preparing, packaging, delivering, providing or receiving meals, you will act in accordance with all applicable local, state and federal laws and regulations and in good faith; • You do not have any motivation, status, or interest that the Company may reasonably wish to know about in connection with the Chezchefs Marketplace, including without limitation, if you are using or will or intend to use the Chezchefs Marketplace for any journalistic, academic, investigative, or unlawful purpose.
Sellers additionally represent and warrant that:
• When selling through the Chezchefs Marketplace you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation or other business entity; • You are engaged in an independently established business selling goods similar to the goods you sell to Clients through the Chezchefs Marketplace, and maintain an independent clientele; • You have the unrestricted right to earn income in the jurisdiction in which you will be selling food; • If you sell food in a jurisdiction that requires you to have a license(s) and/or tax registration, you have the required license(s) or tax registration; • You are responsible for identifying and obtaining any required licenses, permits, or registrations before selling food through the Marketplace.
You have any and all insurance required to operate your business and sell food through the Marketplace.
• You will use your real name or business name and an up-to-date photo on your profile; • You will honor your commitments to other Users of the Marketplace, including by fulfilling product orders on time and as agreed upon with your Customer and providing timely, highquality food to your Customers; • You will only sell food safely and in accordance with all applicable laws; • For each item you sell, you will disclose each and every ingredient to your Customers including but not limited to each major allergen as defined by local, state or federal law; • You will only cook food in a location that you are permitted by law to cook food; • You agree that we may (but are not required to) obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement; • You will pay all applicable federal, state and local taxes based on income earned for your sale of food (note, the platform will collect and remit taxes for the sale of food where applicable) • You agree not to market your meals in a false or misleading manner including but not limited to not making false representations or claims about the nutritional value of your meals
Sellers Facilities: In addition to the foregoing conduct restrictions, to the extent you are a Seller, you represent and warrant that your use of the Services to market, advertise and sell Meals does not violate any applicable law or regulation, Ingredients and Allergens: For any particular Meal and related content posted using the Service, a Seller shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. Chezchefs is not responsible for the accuracy of the information and labeling of Meals delivered to Customers. Customers should be advised that Meals may be prepared in facilities using the same equipment that is used to prepare Meals containing other allergens even if the allergen is marked as being absent from the food. Chezchefs shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals and related items purchased through the Service.
Seller Insurance: Chezchefs maintains insurance for its own business operations but it does not maintain insurance for the actions of Sellers or Customers. If you are a Seller, Chezchefs recommends that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of Meals. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third party service
Customer Review Guidelines: To the extent you are a Customer, Chezchefs may allow you to upload content and leave reviews regarding your purchase of Meals. Chezchefs may accept, reject or remove reviews and any associated content in its sole discretion. Chezchefs has absolutely no obligation to screen or to delete reviews or associated content, even if anyone considers reviews objectionable or inaccurate. Those Customers posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Chezchefs, and do not represent the views of Chezchefs or of any affiliate or partner of Chezchefs. Chezchefs does not assume liability for any review or for any claims, liabilities or losses resulting from any review. Any review you post will be considered User Content (as defined below).
Marketplace Risk: Chezchefs is not affiliated with or endorsed by any Seller, restaurant or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, Chezchefs is not a party to or involved in any transaction between Customers and Sellers, and does not act as a Customer, Seller (or affiliate for a Customer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Chezchefs. We encourage you to use the various functionalities of the Service (e.g., Seller profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.
Sellers as Independent Business Owners / Independent Contractors: Users of the Service acting in the capacity of a Seller do so in their personal capacity as an independent business and independent contractor and seller of goods and not as an employee of Chezchefs. As a Seller, you agree that: (i) you are an independent business owner and not an employee of Chezchefs; (ii) you shall be solely responsible for determining the means and manner of the work performed to create the goods you sell through the Marketplace; (iii) these Terms of Service do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and Chezchefs, or you and a Customer; (iv) you will not represent yourself as an employee or agent of Chezchefs to any Customer; (v) you will not be entitled to any of the benefits that Chezchefs may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (vi) you are not eligible to recover contributor's compensation benefits in the event of injury. As a Seller, you will not engage a Customer in any way that may jeopardize your status as an independent business.
Chezchefs does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, Chezchefs does not guarantee or endorse the legality, authenticity, quality, or safety of any Meals offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Meals or of Customers to buy Meals. We cannot assure that all transactions will be completed. Additionally, Chezchefs does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Chezchefs reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Chezchefs and its users from illegal or wrongful activities or other violations of these Terms of Services.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
SECTION 4 - Purchase and Sale Transactions
Fees: Registering for the Service is free; however, Chezchefs charges certain fees for various transactions effected through the Service. Current rate is set at 25% of the transaction value before tax will be retained by Chezchefs. 75% of the transaction value paid by the customer before tax is paid out to the seller. Additional services such as commercial kitchen use is charged per hour and is subject to availability and will be billed to the seller separately based on usage.
Taxes; Shipping Costs; Customer Responsibility: Meals purchased by and delivered to Customers in locations in Canada may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes required in the food services industry of a particular location ("Taxes"). The amount of Taxes is based on a number of factors, including but not limited to a Customer's designated delivery address, and/or the location of the Seller.
Customers are responsible for paying to a Seller the applicable purchase price for a purchased Meal, as well as any delivery costs and paying applicable Taxes associated with the purchase and sale of any Meals through the Service. Delivery costs and Taxes attributable to the sale of any Meals are not included in the listed price for any Meals listed by Sellers through the Service but will be displayed to Customers before confirmation of any purchase.
Sellers are responsible for paying their own taxes imposed or measured by such Seller's net income, net profits, income, profits, and/or revenues associated with the sale of any Meals through the Service. Packaging: Sellers may choose to purchase packaging materials and/or labels from us for the delivery of Meals prepared for Customers. If purchased, we may charge your credit card or other acceptable payment method you provide.
Payments; Subscriptions: Customers may pay for Items using credit cards or other payment methods as may be determined by Chezchefs from time to time. Sellers will be prompted to provide bank account details to us so that we may facilitate transfer of payments received from Customers purchasing Meals. If you submit your payment information through the Service, then you authorize Chezchefs to store that payment information and charge your payment method for any Item you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
If you purchase Meals on a recurring or subscription basis, you hereby authorize Chezchefs to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Chezchefs know within fourteen (14) days after the date that Chezchefs charges you.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting of a revised Fee Policy unless a different notice period is required by law. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Promotions; Credits: Chezchefs may from time to time offer Users certain promotions, incentives or credits ("Promotions") towards the purchase of Meals and/or fees associated with use of the platform, and Users may use such Promotions in accordance with their terms. Depending on the type of Promotion used, it may reduce the amount of taxes that apply to a customer’s order. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the User that they are sent to and may not be shared or redeemed with anyone else unless it is explicitly permitted by the terms of that Promotion. Sellers may also offer Promotions to their customers through the platform and are solely responsible for any costs associated with redemption of that Promotion.
SECTION 5 - Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Chezchefs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Chezchefs from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Chezchefs, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Chezchefs
The Chezchefs name and logos are trademarks and service marks of Chezchefs (collectively the "Chezchefs Trademarks"). Other Chezchefs, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Chezchefs. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Chezchefs Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Chezchefs Trademarks will inure to our exclusive benefit
Third Party Material: Under no circumstances will Chezchefs be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Chezchefs does not pre-screen content, but that Chezchefs and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Chezchefs and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Chezchefs, in its sole discretion, to be otherwise objectionable. 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 such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Chezchefs and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Chezchefs are non-confidential and non-proprietary, and Chezchefs will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Chezchefs may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chezchefs, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SECTION 6 - Third Party Websites
Social Networking; Other Third Parties: From time to time, we may allow you to register for the Service using third party services and otherwise enable various third party services (e.g., delivery if permitted) to be directly integrated into your Chezchefs experience. By directly integrating these services into the Service, we make your online experiences richer, easier and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Chezchefs's use, storage and disclosure of information related to you and your use of such services within the However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Chezchefs shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Chezchefs is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Chezchefs is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Chezchefs enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
SECTION 7 - Indemnity and Release
You agree to release, indemnify and hold Chezchefs and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
SECTION 8 - Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEZCHEFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CHEZCHEFS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
SECTION 9 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at nutribowlz@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
nutribowlz@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
OVERVIEW
Chezchefs, Inc. ("Chezchefs," "we," "us," "our") provides its services (described below) to you through its website located at https://www.Chezchefs.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate on this page the date these terms were last revised. We will endeavor to notify you of material changes to the Terms, either through the Services user interface, in an email notification or through other reasonable means
Any such changes will become effective immediately upon your acceptance of the modified Agreement. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable). If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service
SECTION 1 -Access and Use of the Service
Services Description: The Service is a technology platform that provides an online marketplace which enables connections between personal chefs, caterers and other individuals who wish to list, offer, sell and deliver food items and meal orders ("Meal(s)") to customers who browse and purchase Meals. Users who purchase Meals through the Service are "Customer(s)," and users who list, prepare and sell Meals through the Service are "Seller(s)." A user may be both a Customer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Customer and Seller.
Chezchefs offers a marketplace, it is not itself a Seller and is not preparing or selling any food. The Service includes enabling users to connect with each other and related services, but we are not a party to any purchase or sales transaction. To encourage return use of the Service, Chezchefs may also help facilitate the resolution of disputes between Customers and Sellers, but Chezchefs has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Meals offered or sold on the Service; (b) the truth or accuracy of a Seller's content or listings on the Service; (c) the ability of a Seller to sell Meals through the Service and deliver Meals within required delivery windows; (d) the ability of Customers to pay for Meals purchased through the Service; or (e) that a Customer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return a Meal through the Service
Sellers are independent business owners and independent contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Chezchefs. Chezchefs does not cook, package, or deliver food
Each Seller is solely responsible for complying with all applicable laws, rules and regulations and standards, including but not limited to those pertaining to the preparation, sale, marketing, and packaging of all Meals ordered through Chezchefs, and updating details and prices relating to the Meals offered. Each Seller is solely liable for the quality, safety, and freshness of its products, and Chezchefs does not verify the credentials, representations, products, services or prices offered by any Sellers, and does not guarantee the quality of the product or services, or that Sellers or Meals comply with applicable laws. Chezchefs will not be liable or responsible for any Meals provided by Sellers that are a cause of injury or that do not meet your expectations in any manner.
Depending on the jurisdiction, Chezchefs may enter into agreements with independent contractors (each a "Courier") to provide delivery services under certain circumstances if desirable by individual Sellers or Customers. If a Seller or Customer chooses to use a Courier to deliver a Meal, Chezchefs is not offering such delivery services and has no responsibility or liability for the actions or inactions of any Courier. Chezchefs will not be liable or responsible for any delivery services provided by a Courier or any errors or misrepresentations made by them. Couriers are required to comply with all applicable laws, rules, and regulations
Your Registration Obligations: You may be required to register with Chezchefs to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service (both Customers and Sellers). If you do not qualify, please do not use the Service. Additionally, Chezchefs reserves the right to refuse access to, or use of the Service to, anyone who breaches these Terms of Service or for the reasons related to the safety of the Chezchefs Community including Chezchefs Users, employees, or prospective Users. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Chezchefs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Chezchefs will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Chezchefs reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Chezchefs shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service
General Practices Regarding Use and Storage: You acknowledge that Chezchefs may establish general practices and limits concerning use of the Service. You agree that Chezchefs has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Chezchefs reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Chezchefs reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content (including Meal options or Seller or Customer information) to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Chezchefs and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Chezchefs account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
By registering for and using Chezchefs and providing your contact information, you are consenting to be contacted by Chezchefs or any of its business partners by telephone, text message (which may be automated), email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from Chezchefs or its business partners, you agree to notify NextRound or its business partner directly. You may opt-out of various contact methods by emailing support@Chezchefs.com
SECTION 2 -Conditions of Use
User Conduct: You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by Chezchefs. Chezchefs reserves the right to investigate and take appropriate legal action against anyone who, in Chezchefs's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) sell, post or otherwise transmit any content or information relating to a Meal offering or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) contains 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; or (vii) in the sole judgment of Chezchefs, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Chezchefs or its users to any harm or liability of any type; b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) solicit personal information from anyone under the age of 18; d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; e) advertise or offer to sell or buy any goods or services other than Meals intended to be prepared, sold and purchased through the Service; f) use the Service to request, make or accept a Meal independent of the Service, to circumvent any fees that would otherwise apply to such transaction; g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; h) violate any applicable local, state, national or international law, or any regulations having the force of law;
User Representations, Warranties and Agreements. All Users represent and warrant that:
You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts. • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. • You have read, understand and agree to be bound by these Terms of Service and the Privacy Policy • You will respect the privacy (including without limitation private, family and home life) and data protection rights of Users with whom you communicate through the Chezchefs Marketplace • You will fulfill the commitments you make to other Users, communicate clearly and respectfully, provide or accept Meals at the agreed time and only utilize the third party payment service provider specified or approved by the Company to make or receive payment through the Chezchefs Marketplace. • You will act professionally and responsibly in your interactions with other Users; • You will use your real name or business name on your profile; • When using or accessing the Chezchefs Marketplace, including when preparing, packaging, delivering, providing or receiving meals, you will act in accordance with all applicable local, state and federal laws and regulations and in good faith; • You do not have any motivation, status, or interest that the Company may reasonably wish to know about in connection with the Chezchefs Marketplace, including without limitation, if you are using or will or intend to use the Chezchefs Marketplace for any journalistic, academic, investigative, or unlawful purpose.
Sellers additionally represent and warrant that:
• When selling through the Chezchefs Marketplace you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation or other business entity; • You are engaged in an independently established business selling goods similar to the goods you sell to Clients through the Chezchefs Marketplace, and maintain an independent clientele; • You have the unrestricted right to earn income in the jurisdiction in which you will be selling food; • If you sell food in a jurisdiction that requires you to have a license(s) and/or tax registration, you have the required license(s) or tax registration; • You are responsible for identifying and obtaining any required licenses, permits, or registrations before selling food through the Marketplace.
You have any and all insurance required to operate your business and sell food through the Marketplace.
• You will use your real name or business name and an up-to-date photo on your profile; • You will honor your commitments to other Users of the Marketplace, including by fulfilling product orders on time and as agreed upon with your Customer and providing timely, highquality food to your Customers; • You will only sell food safely and in accordance with all applicable laws; • For each item you sell, you will disclose each and every ingredient to your Customers including but not limited to each major allergen as defined by local, state or federal law; • You will only cook food in a location that you are permitted by law to cook food; • You agree that we may (but are not required to) obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement; • You will pay all applicable federal, state and local taxes based on income earned for your sale of food (note, the platform will collect and remit taxes for the sale of food where applicable) • You agree not to market your meals in a false or misleading manner including but not limited to not making false representations or claims about the nutritional value of your meals
Sellers Facilities: In addition to the foregoing conduct restrictions, to the extent you are a Seller, you represent and warrant that your use of the Services to market, advertise and sell Meals does not violate any applicable law or regulation, Ingredients and Allergens: For any particular Meal and related content posted using the Service, a Seller shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. Chezchefs is not responsible for the accuracy of the information and labeling of Meals delivered to Customers. Customers should be advised that Meals may be prepared in facilities using the same equipment that is used to prepare Meals containing other allergens even if the allergen is marked as being absent from the food. Chezchefs shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals and related items purchased through the Service.
Seller Insurance: Chezchefs maintains insurance for its own business operations but it does not maintain insurance for the actions of Sellers or Customers. If you are a Seller, Chezchefs recommends that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of Meals. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third party service
Customer Review Guidelines: To the extent you are a Customer, Chezchefs may allow you to upload content and leave reviews regarding your purchase of Meals. Chezchefs may accept, reject or remove reviews and any associated content in its sole discretion. Chezchefs has absolutely no obligation to screen or to delete reviews or associated content, even if anyone considers reviews objectionable or inaccurate. Those Customers posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Chezchefs, and do not represent the views of Chezchefs or of any affiliate or partner of Chezchefs. Chezchefs does not assume liability for any review or for any claims, liabilities or losses resulting from any review. Any review you post will be considered User Content (as defined below).
Marketplace Risk: Chezchefs is not affiliated with or endorsed by any Seller, restaurant or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, Chezchefs is not a party to or involved in any transaction between Customers and Sellers, and does not act as a Customer, Seller (or affiliate for a Customer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Chezchefs. We encourage you to use the various functionalities of the Service (e.g., Seller profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.
Sellers as Independent Business Owners / Independent Contractors: Users of the Service acting in the capacity of a Seller do so in their personal capacity as an independent business and independent contractor and seller of goods and not as an employee of Chezchefs. As a Seller, you agree that: (i) you are an independent business owner and not an employee of Chezchefs; (ii) you shall be solely responsible for determining the means and manner of the work performed to create the goods you sell through the Marketplace; (iii) these Terms of Service do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and Chezchefs, or you and a Customer; (iv) you will not represent yourself as an employee or agent of Chezchefs to any Customer; (v) you will not be entitled to any of the benefits that Chezchefs may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (vi) you are not eligible to recover contributor's compensation benefits in the event of injury. As a Seller, you will not engage a Customer in any way that may jeopardize your status as an independent business.
Chezchefs does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, Chezchefs does not guarantee or endorse the legality, authenticity, quality, or safety of any Meals offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Meals or of Customers to buy Meals. We cannot assure that all transactions will be completed. Additionally, Chezchefs does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Chezchefs reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Chezchefs and its users from illegal or wrongful activities or other violations of these Terms of Services.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
SECTION 4 - Purchase and Sale Transactions
Fees: Registering for the Service is free; however, Chezchefs charges certain fees for various transactions effected through the Service. Current rate is set at 25% of the transaction value before tax will be retained by Chezchefs. 75% of the transaction value paid by the customer before tax is paid out to the seller. Additional services such as commercial kitchen use is charged per hour and is subject to availability and will be billed to the seller separately based on usage.
Taxes; Shipping Costs; Customer Responsibility: Meals purchased by and delivered to Customers in locations in Canada may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes required in the food services industry of a particular location ("Taxes"). The amount of Taxes is based on a number of factors, including but not limited to a Customer's designated delivery address, and/or the location of the Seller.
Customers are responsible for paying to a Seller the applicable purchase price for a purchased Meal, as well as any delivery costs and paying applicable Taxes associated with the purchase and sale of any Meals through the Service. Delivery costs and Taxes attributable to the sale of any Meals are not included in the listed price for any Meals listed by Sellers through the Service but will be displayed to Customers before confirmation of any purchase.
Sellers are responsible for paying their own taxes imposed or measured by such Seller's net income, net profits, income, profits, and/or revenues associated with the sale of any Meals through the Service. Packaging: Sellers may choose to purchase packaging materials and/or labels from us for the delivery of Meals prepared for Customers. If purchased, we may charge your credit card or other acceptable payment method you provide.
Payments; Subscriptions: Customers may pay for Items using credit cards or other payment methods as may be determined by Chezchefs from time to time. Sellers will be prompted to provide bank account details to us so that we may facilitate transfer of payments received from Customers purchasing Meals. If you submit your payment information through the Service, then you authorize Chezchefs to store that payment information and charge your payment method for any Item you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
If you purchase Meals on a recurring or subscription basis, you hereby authorize Chezchefs to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Chezchefs know within fourteen (14) days after the date that Chezchefs charges you.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting of a revised Fee Policy unless a different notice period is required by law. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Promotions; Credits: Chezchefs may from time to time offer Users certain promotions, incentives or credits ("Promotions") towards the purchase of Meals and/or fees associated with use of the platform, and Users may use such Promotions in accordance with their terms. Depending on the type of Promotion used, it may reduce the amount of taxes that apply to a customer’s order. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the User that they are sent to and may not be shared or redeemed with anyone else unless it is explicitly permitted by the terms of that Promotion. Sellers may also offer Promotions to their customers through the platform and are solely responsible for any costs associated with redemption of that Promotion.
SECTION 5 - Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Chezchefs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Chezchefs from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Chezchefs, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Chezchefs
The Chezchefs name and logos are trademarks and service marks of Chezchefs (collectively the "Chezchefs Trademarks"). Other Chezchefs, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Chezchefs. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Chezchefs Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Chezchefs Trademarks will inure to our exclusive benefit
Third Party Material: Under no circumstances will Chezchefs be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Chezchefs does not pre-screen content, but that Chezchefs and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Chezchefs and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Chezchefs, in its sole discretion, to be otherwise objectionable. 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 such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Chezchefs and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Chezchefs are non-confidential and non-proprietary, and Chezchefs will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Chezchefs may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chezchefs, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SECTION 6 - Third Party Websites
Social Networking; Other Third Parties: From time to time, we may allow you to register for the Service using third party services and otherwise enable various third party services (e.g., delivery if permitted) to be directly integrated into your Chezchefs experience. By directly integrating these services into the Service, we make your online experiences richer, easier and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Chezchefs's use, storage and disclosure of information related to you and your use of such services within the However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Chezchefs shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Chezchefs is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Chezchefs is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Chezchefs enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
SECTION 7 - Indemnity and Release
You agree to release, indemnify and hold Chezchefs and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
SECTION 8 - Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEZCHEFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CHEZCHEFS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
SECTION 9 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at nutribowlz@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
nutribowlz@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]