TERMS OF SERVICE

 

If you are using the Site or Services, you are contracting with Inside Chef, with respect to use of the Inside Chef Site, Services, or any payments conducted through the Site or Services.

 

Inside Chef provides an online platform that connects chefs who offer cooking services with hosts seeking to purchase such Services (collectively, the “Services”), which are accessible at http://www.Inside Chef.com and any other websites through which Inside Chef makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Services and all content, and constitute a binding legal agreement between you and Inside Chef. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.

 

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CHEFS MAY CREATE LISTINGS FOR MENUS AND DISHES AND HOSTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE CHEFS, IN EXCHANGE OF A SERVICE FEE. YOU UNDERSTAND AND AGREE THAT INSIDE CHEF IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CHEFS AND HOSTS. INSIDE CHEF HAS NO CONTROL OVER THE CONDUCT OF CHEFS, HOSTS AND OTHER USERS OF THE SITE, NOR DOES IT HAVE CONTROL OVER QUALITY OR SAFETY OF SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR ANY CONTENT ON THE WEBSITE.

 

Modification

 

Inside Chef reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

 

Eligibility

 

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.

 

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and website Content. In connection with your use of the Site, Services and website Content, you may not and you agree that you will not:

 

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations and food preparation regulations;
  • promote my services to the clients I met through Inside Chef outside of the site. I will not be distributing promotional materials such as business cards or other during the meal;
  • copy, store or otherwise access or use any information contained on the Site, Services or website Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Services or website Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Site, Services or website Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Inside Chef chef or Host;
  • Propose as a chef, any food preparation services without acting accordingly to all legal requirements regarding food preparation.
  • register for more than one Inside Chef Account or register for an Inside Chef Account on behalf of an individual other than yourself;
  • contact a chef on the platform for any purpose other than asking a question related to a booking or a menu;
  • recruit or otherwise solicit any chef or Host or other Member to join third-party services or websites that are competitive to Inside Chef;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use the Site, Services or website Content to find a chef and then complete a booking independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Inside Chef’s provision of the Services or for any other reasons;
  • as a chef, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • use, display, mirror or frame the Site, Services or website Content, or any individual element within the Site, Services or website Content, Inside Chef’s name, any Inside Chef trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Inside Chef’s express written consent;

 

Inside Chef has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

 

Privacy

 

You agree that Inside Chef’s Privacy Policy governs Inside Chef’s collection and use of your personal information.

 

Ownership

 

The Site, Services, and website Content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Site, Services and website Content, including all associated intellectual property rights, are the exclusive property of Inside Chef.

 

Member Content

 

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit any content to our website. By making available any content on or through the Site and Services, you hereby grant to Inside Chef a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Site and Services. You acknowledge and agree that you are solely responsible for all Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Inside Chef the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Inside Chef’s use of the Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Cancellations and Refunds

 

If, a chef cancels your booking, Inside Chef will apply a credit of the same amount as the deposit made when booking to your Inside Chef host account. This credit may subsequently be applied to any booking made through the Site or Services .

 

If, as the host, you cancel your booking, Inside Chef will retain the full deposit made when booking.

 

In certain circumstances, Inside Chef may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site or Services. Such a cancellation may be operated for any reason Inside Chef considers adequate.

 

Suspension, Termination and Inside Chef Account Cancellation

 

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Inside Chef Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you; your Inside Chef Account will then be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Inside Chef Account, your Member Content. You may cancel your Inside Chef Account at any time by sending us an email. Please note that if your Inside Chef Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

 

Disclaimers

 

IF YOU CHOOSE TO USE THE SITE, SERVICES OR WEBSITE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT INSIDE CHEF DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER. THE SITE, SERVICES, WEBSITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INSIDE CHEF EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. INSIDE CHEF MAKES NO WARRANTY THAT THE SITE, SERVICES, WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY FOOD OFFERINGS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. INSIDE CHEF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, FOOD OFFERINGS, HOSTS, CHEFS, THE SERVICES OR WEBSITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR CHEFS. YOU UNDERSTAND THAT INSIDE CHEF DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW ANY FOOD OFFERINGS. INSIDE CHEF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CHEFS AND HOSTS.

 

Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND WEBSITE CONTENT, YOUR LISTING OR BOOKING OF ANY FOOD OFFERINGS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF INSIDE CHEF WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER INSIDE CHEF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, WEBSITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR WEBSITE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY FOOD OFFERING VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSIDE CHEF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Indemnification

 

You agree to release, defend, indemnify, and hold Inside Chef and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services.

 

Entire Agreement

 

These Terms constitute the entire and exclusive understanding and agreement between Inside Chef and you regarding the Site, Services, Website Content, and any bookings or Listings made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Inside Chef and you.