The website located at www.gochefster.com (“Site”) is a copyrighted work belonging to Chefster LLC (“Company”).
The Company reserves the right to update and change the Terms and Conditions from time to time without advance notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site, you are indicating that you agree to be bound by the modified Terms of Service.
You agree to use the Service at your own risk and subject to the terms set forth below. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Violation of any of the terms below will result in the termination of your account and may subject you to civil and criminal penalties.
Company: CHEFSTER LLC, is a limited liability company domiciled at 2109 Fontenelle Street, Las Vegas, NV, 89102.
User: A person having a personal space on the Site (a “Personal Account”) and able to provide (“Chef”) or receive (“Client”) services.
The site is dedicated to arranging cooking experiences for individual or collective Clients by Chefs. Through the website, the Company presents a wide range of sessions with Chefs (the “Services”), which can be reserved on the internet and are payable online, for individuals or groups (“Clients”) for which it acts as the online broker.
Other than the Executive Chef, the Company itself does not intend to offer the services of the Chefs. These are made directly and under their sole responsibility as third-party stakeholders (the “Chef (s)”) that this company presents and promotes through the Site.
Through the website, the Company, in its capacity as broker online, connects:
- Individual or group Clients (the “Client(s)”).
- Stakeholders external to the Company who perform services (the “Chef(s)”).
This contract is to govern the contractual relationship between the Company and all types of Users (both Clients and Chefs).
The Company: The Company operates as an online broker. The role of the Company is that of an intermediary that connects Users through the Site with a view to the contracting of services.
The Company is not contractually involved in the provision of services. The agreements are made directly between the Chef and the Client as described below.
In consequence, the Company incurs no liability in connection with the negotiations, the conclusion, nor the execution of services – except those relating to its responsibilities as a provider of services to the Chefs – and provides no guarantee as to the quality and smooth functioning of the Services performed by the Chefs.
The Company does not exercise control in a systematic way and assumes no liability in connection with:
- the quality of the offer, its compliance with the law, or the adequacy of the services offered by the Chefs;
- the reliability and accuracy of all information relating to the Services or the identification of Users;
- the professional qualification of Chefs;
- the creditworthiness of the Clients.
Should the Client(s) wish to raise a dispute regarding a service, the relevant Client(s) is/are encouraged to contact the company via the contact form on the Site (“contact us”) to inform us of the existence of a dispute. However, the resolution of this dispute shall be the sole responsibility of the Client(s) and the Chef concerned.
The Company assumes no obligations other than those relating to its role as online broker. The Company makes no warranty as to the availability or performance of the Site, the Client, and/or the Chef may not seek to make the Company liable for lost profits, loss of opportunity, or loss of turnover.
Limitation of liability as defined above is inapplicable in the event of fraud or gross negligence on the part of the Company, in the event of injury or if the Client is a consumer and it is contrary to the rules protecting the consumers.
The Client is responsible for incidental or consequential damages, material or immaterial, caused to the Company and/or any partner and/or any Chef.
To the extent that is reasonable, the Client agrees to indemnify the Company, its partners, and the Chefs against all losses, expenses, damages and costs that may result from non-compliance with the provisions of these terms and conditions. The provisions of this paragraph are intended to protect the Company and its directors, officers, employees, agents, shareholders, licensors and suppliers. Each of these individuals or entities may enforce those provisions directly against the Client in his/her/its own name.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain links to third party websites or content from third party websites that are not controlled under this Terms of Service agreement. Users acknowledge that the Company is not liable or responsible for any third party websites or any third party content, information or products made available at third party websites. Users acknowledge sole responsibility and assume all risk arising from their use of any such websites or resources.
Users are solely responsible for properly canceling their Accounts. Account cancellation requests must be submitted via email. Cancellations by phone or sent via any other means will not be considered valid.
All User Content will be deleted from the Service upon cancellation. This information cannot be recovered once the Account is cancelled.
The Company, in its sole discretion, has the right to suspend or terminate a User Account and refuse any and all current or future use of the Service for any reason at any time. The reasons for this might include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of the User Account or access to the User Account.
The Company reserves the right to refuse service to anyone for any reason at any time.
OFFERING AND RATES
- Each Chef has associated prices listed on their menus, which show proposed prices by activity in US Dollars and excluding tax, which will be added upon checkout.
- The Client can benefit from price reductions through the use of discount codes.
- The actual tax-exclusive price of the services will follow the rate schedule indicated on each service page.
- When credits or discount codes are used, the date of validity of the credits is 1 year from the date of purchase. Upon expiration of the credits, the sums involved are due to the Company and the credit balance available in the account of the User will be reset.
- The tax-exclusive price as described above includes the commission due to the Company, according to a calculation determined in consultation with the Chef. At this time, the commission rate is 15%.
- In the case of subscription, the price will be shown on the site. Subscribing to a monthly subscription allows the Client to benefit from additional discounts and services as presented on the Site.
- The duration of any subscription is for a period of one year from the date of purchase and is automatically renewable. Each Client has the ability to stop the subscription at any time.
REGISTRATION AND SECURITY
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
As a condition to using the Service, Users are required to register with the Company and select a password and enter their email address (“User ID”). Users shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the account.
The Company has no control over the representations or actions of Users. Although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. Chefs are responsible for determining the identity and suitability of others who they contact via the Site and Services.
Users may not (i) use as a User ID a name of another person with the intent to impersonate that person or (ii) use as a User ID a name subject to any rights of a person other than themself without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion.
Users shall be responsible for maintaining the confidentiality of their passwords and agree to take full responsibility for any activities conducted under their account, regardless of whether they authorized such activities.
By using the Site, Application, or Services, Users agree that any legal remedy or liability that sought to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular user or other third parties who caused harm and Users agree not to attempt to impose liability on, or seek any legal remedy from, the Company with respect to such actions or omissions.
Users agree to notify the Company immediately if their User ID has been compromised.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
Users may not post, upload, publish, submit or transmit any content that:
- 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;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
Chefster has the right to edit, remove, or delete any content at any time.
For purposes of this Agreement, the following definitions shall apply:
“Company Content” includes all images, videos, audio files, text, graphics, and other information or materials made available by the Company through the Site or Service.
“User Content” includes all images, videos, audio files, text, graphics, and other information, posted through the Site or Service by users under their User ID.
“Company and User Content” includes both User Content and Company Content.
Under their User IDs, Users may upload, publish, transmit, submit, and post User Content. By posting User Content to the Site or through the Service, you grant the Company and its users a royalty-free, non-exclusive, irrevocable, perpetual, and transferable worldwide license with the rights to modify, sublicense, display, perform, transmit, adapt, merge, distribute, sell, or otherwise exploit, the User Content. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. The Company does not, however, claim ownership of any User Content and nothing in this Agreement shall be construed to restrict your rights to the User Content that you post or otherwise publish.
Users are solely responsible for all User Content posted by you through the Site or Service. Users represent and warrant that you either are the sole and exclusive owner of all User Content posted by you through the Site or Service or you have all rights, licenses, consents and releases that are necessary to grant the rights in such User Content. Users additionally represent and warrant that your posting, upload, or otherwise transmitting of User Content through the Site or Service shall not infringe, misappropriate, or violate a third party’s trademark, copyright, patent, trade secret, or any other intellectual property right, or a third party’s right of publicity or privacy, or result in violation of any applicable law or regulation.
The Company and User Content is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, the Company and its licensors exclusively own all right, title, and interest in the Company and User Content, including all associated intellectual property rights. You shall not obscure, diminish, or destroy any trademarks, service marks, or notices accompanying the Company and User Content.
The Company grants Users a limited, non-exclusive, non-transferrable license to access, view, and print Company and User Content for your non-commercial, at-home use. You shall not receive any other rights under this license beyond the terms specifically enumerated in the preceding sentence or elsewhere in this Agreement. No license by implication is intended or granted to you.
The Site and Service, including but not limited to their underlying code and “look and feel,” are protected by copyright, trademark, and other laws of the United States and foreign countries. The Company exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the computer code, HTML/CSS, or visual design elements of the Site or the Service without express written permission from the Company.
If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
If Users experience a transaction with another User who they feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) Users suspect of stealing from another User, or (iii) engages in any other disturbing conduct, Users should immediately report such person to the appropriate authorities and then to the Company by contacting us with your police station and report number at email@example.com; provided that the report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to any User.
Users use of the Service or Site is at their sole risk. The Service and Site are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, express, implied, or statutory, relating to the site, services, and content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance. The Company does not warrant that (i) the Service or Site will meet your specific requirements, (ii) the Service or Site will be uninterrupted, timely, secure, or error-free, (iii) the information or Company and User Content viewed on the Service or Site will be accurate, reliable, or truthful or complete (iv) the quality of any products, services, meals, social encounters, information, or other material purchased, obtained, or experienced by you through the Service will meet your expectations, and (v) any errors in the Service or Site will be corrected.
Users are solely responsible for, and assume all risks of, all online or offline communications and interactions with all other Users of the site or services and with other persons with whom you communicate or interact with as a result of your use of the site or services.
The Company requires all chefs to have completed culinary education. The Company interviews all chefs to make an informed decision based on factors such as their knowledge about food preparation and food safety to decide whether they may have a profile on the website.
The Company does not otherwise inquire into the background of any users of the site or services, nor does it attempt to verify any users’ statements made through the site or service other than the chef’s culinary education. The Company is not responsible for and makes no representations or warranties regarding the actions of any users of the site or services.
The Company is not liable for any food prepared by a chef and does not ensure that any of the chef’s meals are safe for consumption.
Users agree to take all reasonable precautions and exercise good judgement in your interactions and communications with other Users of the site and secure and in consuming any food.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Users agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with their (i) access to or use of the Site or the Service; (ii) violation of these Terms of Service; or (iii) violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by them or their mobile app; or (iv) use of the Site or Services to interact or communicate with other users, including their decision to host a meal for other Users or go to another User’s Venue for a meal.
CONCLUSION OF TRANSACTIONS
The registration of a User through the creation of a Personal Account is a prerequisite for reservation and the payment of a service (see Terms and Conditions of the Site).
When a Client wishes to receive a service from a Chef, the Client must first familiarize him-/herself with the conditions and details of the services offered by the Chef in the Listing before making a booking (e.g. geographic areas served by the Chef, the maximum number of people who can be accommodated by the Chef, etc.). An commitment is formed between the Client and the Chef at the point when the Client has made online payment for the chosen service. If the Chef is unable to honor the reservation (e.g. in case of serious event), the Company and the Chef will make their best efforts to propose an alternative service or an alternative Chef to the Client as soon as possible.
The payment of the benefit is made by credit card; secure payment is available to Clients on the Site via Stripe.
Under no circumstances may a service be undertaken without payment of the price of the Service.
The Client may exercise his/her right of withdrawal via text to 305-744-6322 or email to firstname.lastname@example.org. In case of cancellation of the Service for a valid reason at the request of the Chef (e.g. in cases where the Chef alleges the existence of a risk to his/her safety following the first telephone contact), the amounts originally due for the Service will be returned to the Client, and the Chef will in no way claim the payment of those sums, to the extent that s/he alone bears the risks associated with the Service. For the sake of clarification, if cancelled by the Chef due to a risk as to his/her safety following the Chef’s travel to the Client’s location, the amounts due for the service will not be returned to the Client. 50% of the amount due in respect of the Service will be returned to the Client if the Client cancels the service 8 days or more before the date of the service and 0% if the Client cancels the Service less than 8 days before the scheduled date of delivery of the Service.
Any Service undertake through the Website will confirm unreservedly to these terms and conditions.
Any service undertaken through the Website is subject to these terms and conditions, which prevail over all others. Their purpose is to inform any potential buyer on the nature of his/her commitments. The act of clicking an icon to confirm the order is irrevocable and implies final acceptance of each of these terms and conditions. The Company reserves the right to modify these terms and conditions at any time. In this case, the conditions will be those in effect on the date of the Service by the User.
In connection with using Chefster’s Services, Users must act responsibly and exercise good judgment. No User may use the Site to find another User, and then complete a booking of a service independent of the Site in order to circumvent the obligation to pay any commission fees related to Chefster’s provision of the Services or for any other reasons.
If any User is found to have circumvented the Site, while it may save them a few bucks, they could end up losing a whole lot more, such as being banned from the Site altogether and reported.
Once a Client and Chef have secured the first booking, all future bookings between that Client and Chef must be completed via the Site.
Clients: Once you complete 9 events, you can get the 10th event for 50% off up to $500.
Chefs: Once you complete 9 events, there will be no commission fee to be paid from the 10th event.
COMMUNICATION BETWEEN USERS
Once a service has been booked and paid for by a Client, the Chef must call the Client within 24 hours of that booking. A service has to be booked to a credit card before Chefster will release contact information of the Client to the Chef.
- Any Provision of these terms and conditions that may be declared null or illegal by a competent judge will be without effect, but their invalidity shall not affect other provisions or affect the validity of these terms and conditions of sale as a whole or their legal effects.
- Users act on the site in a completely independent manner and his/her registration with the Company’s does not imply any form of subordinate relationship, agency, or company created in fact or in participation or representation.
- Any Notification provided for in these terms and conditions shall be made by Users to the Company by mail at the following address: CHEFSTER, 2109 FONTENELLE STREET, LAS VEGAS, NV 89102 or via the contact form on the Site (“contact us”).
- The Company reserves the right to transfer to any company of its choice all or part of the rights and obligations arising between Users and the Company, without requiring the prior agreement of each User.
- Users agree to comply with these terms and conditions. In case of violation of these conditions, the Company reserves the right to suspend or cancel the registration of the User, or take other appropriate measures against him/her, with immediate effect and without notice. Suspension and/or cancellation of any User of the Site will result in the retention of amounts owed by the User to the Company in respect of reserved services, and if necessary payment by the Company to the User of any amount corresponding to unused credits, if they have not expired.
- Any User agrees to indemnify and hold harmless the Company against the consequences of any claims by a third party consecutive to the breach by the User of these terms of conditions of sale, a statute or regulation, or an intellectual property right. The User agrees to provide his/her full cooperation in the processing of the claim of another User against it or the possible negotiation of a compromise.
These Terms and Conditions and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Any disputes relating to these Terms and Conditions or the Service or Site will be heard in the courts located in Nevada.
Questions about these Terms of Service should be sent to Chefster via our contact page.