Terms & Privacy
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Terms of Service
Last Updated: Aug. 31, 2016
WELCOME TO ICHEFZ.COM AND OUR TERMS OF SERVICES. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, ICHEF SELLERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO COOK AND PREPARE MEALS IN THEIR HOMES. THESE LAWS ARE OFTEN PART OF A CITY’S OR COUNTY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, ICHEF SELLERS MUST REGISTER, GET A PERMIT, OR OBTAIN LICENSES BEFORE COOKING AND PREPARING ANY MEALS IN THEIR HOME. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. ICHEF SELLERS SHOULD REVIEW LOCAL LAWS BEFORE COOKNG ANY MEALS AT HOME.
TERMS OF SERVICE
If you are using the Site, Application or Services and you reside in the USA, you are contracting with iChefz, Inc. with respect to use of the iChefz Site, Application or Services, and with iChefz Payments, Inc. with respect to any payments or payouts from or to you conducted through the Site, Application or Services.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ICHEF SELLERS MAY CREATE INGREDIENTS AND RECIPES AND ICHEF BUYERS MAY ORDER THE INGREDIENTS AND RECIPES DIRECTLY WITH THE ICHEF SELLERS. YOU UNDERSTAND AND AGREE THAT ICHEFZ IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ICHEF SELLERS AND ICHEF BUYERS, NOR IS ICHEFZ A RESTARUANT, CATERER, AGENT OR INSURER. ICHEFZ HAS NO CONTROL OVER THE CONDUCT OF ICHEF SELLERS, ICHEF BUYERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY INGREDIENTS AND RECIPES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"iChefz Content" means all Content that iChefz makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and iChefz Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests from a Chef’s dish or combo via the Site, Application or Services.
"Chef" means a Member who creates dish and combo via the Site, Application and Services.
"Member" means a person who completes iChefz's account registration process, including but not limited to iChef sellers and iChef buyers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, goods and services taxes (GST), fees (such as convention center fees) that iChef sellers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, 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 AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
iChefz reserves the right, at its sole discretion, to modify the Site, Application 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 either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, 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, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the selling of dish and combo. You may view the dish and combo as an unregistered visitor to the Site, Application and Services; however, if you wish to purchase or sell any dish or combo, you must first register to create an iChefz Account (defined below).
As stated above, iChefz makes available an online platform or marketplace with related technology for iChef buyers and iChef sellers to meet online and arrange for the selling of dish and combo directly with each other. iChefz is not an owner, chef or operator of these homes. iChefz does not operate, cook, sell, package provide, manage and/or control the kitchens of these homes. Unless explicitly specified otherwise in the iChefz platform, iChefz's responsibilities are limited to: (i) facilitating the availability of the dish and combo, Application and Services and (ii) serving as the limited payment collection agent of each Chef for the purpose of accepting payments from iChef buyers on behalf of the Chef.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES IS INTENDED TO BE USED TO FACILITATE CONNECTING ICHEF SELLERS AND ICHEF BUYERS CONNECTING DIRECTLY WITH EACH OTHER. ICHEFZ CANNOT AND DOES NOT CONTROL THE DISH AND SETS IN ANY POSTING, LEGALITY OR TASTE OF ANY DISH/SETS. ICHEFZ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DISH AND SETS. ACCORDINGLY, ANY DISH/COMBO ORDERED WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to order any dish or combo, you must register to create an account ("iChefz Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your iChefz Account with Third-Party Accounts, by either:
- providing your Third-Party Account login information to iChefz through the Site, Services or Application;
- allowing iChefz to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to iChefz and/or grant iChefz access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating iChefz to pay any fees or making iChefz subject to any usage limitations imposed by such third-party service providers. By granting iChefz access to any Third-Party Accounts, you understand that iChefz will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your iChefz Account and iChefz Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have combo in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your iChefz Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or iChefz's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your iChefz Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
iChefz makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and iChefz is not responsible for any SNS Content.
Your iChefz Account and your iChefz Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active iChefz Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. iChefz reserves the right to suspend or terminate your iChefz Account and your access to the Site, Application and Services if you create more than one (1) iChefz Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your iChefz Account, whether or not you have authorized such activities or actions. You will immediately notify iChefz of any unauthorized use of your iChefz Account.
iChefz recommends that iChef sellers obtain appropriate liability insurance for their dish and combo Please carefully review any insurance policy that you may have, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
iChefz may offer iChef sellers the option of having photographers take photographs of their dish or combo. If you as a Chef choose to have a photographer do this, the photographs taken will be made available to you to include in your site with a watermark or tag Nearing the words "ichefz.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your dish and combo are accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your dish or combo. All images, materials and content created by these photographers, including Verified Images, constitute iChefz Content, regardless of whether you include them in your Listing. You agree that iChefz may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your dish, combo or otherwise, without further notice or compensation.
iChefz does not endorse any Member or any Dish or Combo. You understand that Verified Images are intended only to indicate a photographic representation of the Dish or Combo at the time the photograph was taken. Verified Images are therefore not an endorsement by iChefz of any Member or any Dish and Combo. Members are required by these Terms to provide accurate information, and although iChefz may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by iChefz about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to purchase Dish or Combo from a Chef or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from iChefz with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Dish and Combo made or purchased by you. This limitation shall not apply to any claim by a Chef against iChefz regarding the remittance of payments received from a Guest by iChefz on behalf of a Chef, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
iChefz Payments will collect the Fees at the time of purchase and will initiate payment of the Fees (less iChefz's Fees and any applicable Taxes) to the Chef on every Thursday (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Chef. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Chef, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via iChefz Payments to iChefz, then iChefz Payments may (but is not obliged to) withhold the amount owing to iChefz from any payout amounts due to you as a Chef, and use the withheld amount to setoff the amount owed by you to iChefz. If iChefz Payments does so, then your obligation to pay iChefz will be extinguished to the extent of the amount withheld by iChefz Payments, and iChefz will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to iChefz by you. Such communication may be made by iChefz or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of iChefz Payments as Limited Payment Collection Agent for Chef
Each Chef hereby appoints iChefz Payments as the Chef's limited payment collection agent solely for the purpose of accepting payment from iChef buyers.
Each Chef agrees that payment made by a Guest through iChefz Payments, shall be considered the same as a payment made directly to the Chef, and the Chef will make the dish and combo available to the Guest in the agreed-upon manner as if the Chef has received payment. Each Chef understands that as iChefz Payments accepts payments from iChef buyers as the Chef's limited payment collection agent and that iChefz Payments' obligation to pay the Chef is subject to and conditional upon successful receipt of the associated payments from iChef buyers. iChefz does not guarantee payments to iChef sellers for amounts that have not been successfully received by iChefz
Payments from iChef buyers.
In accepting order as the limited authorized agent of the Chef, iChefz Payments assumes no liability for any acts or omissions of the Chef.
Please note that iChefz does not currently charge fees for the creation of Chef’s website. However, you as a Chef acknowledge and agree that iChefz reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of your website. Please note that iChefz will provide notice of any website fee collection via the Site, Application and Services, prior to implementing such a website fee feature.
Ordering and Financial Terms for iChef buyers
The iChef sellers, not iChefz, are solely responsible for honoring any orders for dish and combo ordered through the Site, Application and Services. If you, as a Guest, choose to order from a Chef, you agree and understand that you will be required to enter into an agreement with the Chef and you agree to accept any terms, conditions, rules and restrictions associated with such order imposed by the Chef. You acknowledge and agree that you, and not iChefz, will be responsible for performing the obligations of any such agreements, that iChefz is not a party to such agreements, and that, with the exception of its payment obligations hereunder, iChefz disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that iChefz is not a party to the agreement between you and the Chef, iChefz Payments acts as the Chef's payment collection agent for the limited purpose of accepting payments from you on behalf of the Chef. Upon your payment of the Fees to iChefz Payments, your payment obligation to the Chef for the dish or Combo is extinguished, and iChefz Payments is responsible for remitting the Fees (less the Chef Fees and any applicable Taxes), in the manner described in these Terms. In the event that iChefz Payments does not remit any such amounts as described in these Terms, such Chef will have recourse only against such iChefz entity.
The Fees payable will be displayed to a Guest before the Guest sends an order to a Chef. As noted above, the Chef is required to either confirm or reject the order; otherwise, the requested order will be automatically cancelled. If a requested order is cancelled (i.e. not confirmed by the applicable Chef), any amounts collected by iChefz Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.
You as a Guest agree to pay iChefz for the Fees for any order requested in connection with your iChefz Account if such order is confirmed by the applicable Chef. As a general rule, iChefz Payments will collect the Fees due once iChefz receives confirmation of your order from the applicable Chef; if necessary, Fees may instead be collected at a later point. Please note that iChefz cannot control any fees that may be charged to a Guest by his or her bank related to iChefz's collection of the Fees, and iChefz disclaims all liability in this regard.
Balances will be remitted by iChefz Payments to iChef sellers via check, PayPal, Apple Pay, direct deposit or other payment methods, as described on the Site or via the Application, to the Chef via the Site, Application and Services.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some iChef sellers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Chef does in fact make the donation he or she pledged to make. In such cases, the Chef in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our iChef sellers, or to withhold taxes from payouts to iChef sellers, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US iChef sellers, You as a Chef are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Chef fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Chef understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. iChefz cannot and does not offer Tax-related advice to any Members.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of iChefz and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. For example, additional terms apply if you refer new users to iChefz ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, iChefz grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" combo forth in the Apple App Store Terms of Service. iChefz reserves all rights in the Application not expressly granted to you by these Terms.
iChefz Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, iChefz grants you a limited, non-exclusive, non-transferable license, to (i) access and view any iChefz Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by iChefz or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to iChefz a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view.
Any photos and/or videos sent to and verified by iChefz belong to iChefz.