CThese terms of use are entered into by and between You and Cheflit Corp. (”Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.cheflit.com, including any content, functionality, and services offered on or through www.cheflit.com (the “Website”) and the Cheflit Mobile Application (the “App”) (collectively, the “Platform”).
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
The Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Description of Services Available Through the Cheflit Platform
The Company, through the Platform, offers various services to help its users seeking cooking services (the “Chef Seekers”) to find, coordinate, and contract for cooking services (the “Services”) with individuals chefs and entities that perform cooking services (each a “Chef”).
The Services can be carried out at home or within a business, for individual or collective, private or professionals seeking cooking services. Through the Platform, the Company offers Chef Seekers a non-exhaustive range of Services, which can be booked and paid online. The Services the Company offers include, among others, those listed below.
The Company enables individuals (including, individual or collective, private or professionals) to hire individual Chefs to post jobs on the Platform, and we enable individuals and entities who provide cooking services to post profiles on the Platform and apply to jobs.
The Company provides search functionality on the Platform to allow Chef Seekers and Chefs to narrow the pool of Chef Seekers or Chefs they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Chef Seekers and Chefs to communicate without sharing contact information.
The Company provides functionality on the Platform to allow Chef Seekers to search for and message other Chef Seekers in their geographic area to help Chef Seekers to facilitate shared cooking services.
The Company offers through a third party, Braintree Services, a division of PayPal, Inc. (the “Payment Processor”), a service that facilitates the payment of Chefs by Chef Seekers via credit card or debit card. These payment processing services are provided by the Payment Processor and are subject to the Payment Processor’s Terms of Service (collectively, the “Payment Processor Services Agreement”). By agreeing to these Terms of Use, Chef Seekers that use the payment service also agree to be bound by the Payment Processor Services Agreement, as the same may be modified by Payment Processor from time to time. As a condition of the Company’s enabling payment processing services through the Payment Processor, you agree to provide the Company accurate and complete information about you, and you authorize the Company to share it and transaction information related to your use of the payment processing services provided by the Payment Processor. The Company assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
Our services continue to grow and change. Please refer to our Platform for further information about the Services we provide.
Company’s Limited Role
The Company offers a variety of services to help Chef Seekers find, coordinate, and contract for cooking services. The role of the Company is exclusively the connection of a Chef Seeker and a Chef. The contracting for and the performance of a Service is solely the result of an agreement between a Chef Seeker and a Chef. The Company is not party to nor is it bound in any way whatsoever as a result of such agreement. The role of the Company is exclusively the connection of a Chef Seeker and a Chef. The Company shall not participate in the supply of the Services. Consequently, the Company does not incur any liability in connection with the discussions, conclusion and performance of the Services and does not guarantee the quality and the smooth running of the Services performed by the Chefs.
The Company does not employ any Chefs. Further, the Chefs are not agents or independent contractors of the Company. Chef Seekers are responsible for compliance with all applicable laws in connection with any relationship they establish with a Chef Seeker.
Further, the Company does not have control over the quality, timing, or legality of the services actually delivered by Chefs, or of the integrity, responsibility or actions of Chef Seekers or Chefs and we neither refer or recommend Chef Seekers or Chefs nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Chefs or the integrity, responsibility or actions of Chef Seekers or Chefs whether in public, private or offline interactions.
The Company does not make any referral or endorse any Chef. Chef Seeker and Chef content is primarily user generated, and we do not control or confirm user generated content for accuracy. The Company does not assume any responsibility for the accuracy or reliability of any information provided by Chef Seekers or Chefs on or off this Platform. In particular, the Company exercises no control and assumes no liability and Chef Seekers should do their own due diligence in connection with:
Pricing
Each Chef has his own pricing per activity proposed in prices. The price of the Services follows the rating grid shown on each service page specific to each menu offered by the respective Chef. The price as described above includes the commission of the Company, according to a method of calculation determined in agreement with the Chef, and includes all applicable use, service, excise, withholding or other taxes or fees (except sales tax) that any governmental unit may be imposed on, or with respect to the Services provided by the Chef. Once the menu is selected, but just prior to confirming the transaction, the relevant sales tax appropriate to the relevant geographically location will be identified and added to the total price calculation. Chef shall be solely responsible for remitting such taxes to any governmental authority and shall indemnify Company for any failure to do so. In no event shall the Company be responsible for any federal, state or local reporting requirement with respect to the Services or payment therefore, and each party hereby releases the Company from any such responsibilities.
Making And Completing A Transaction
When a Chef Seeker wishes to contract a Service with a Chef, and before making the reservation, the Chef Seeker should first take note of the conditions and details of the Services offered by the Chef on his presentation form (such as the maximum number of people who can attend, etc.).
The offer of contract for the execution of the Service between the Chef Seeker and the Chef is made at the time of the on-line payment of the Service by the Chef Seeker. All reservations are automatically accepted by the Chefs, except that if the reservation is a last-minute booking (i.e., made within 2 hours or less of the requested time for performance of the reservation), then the offer of contract is accepted only if the Chef accepts the reservation within ten (10) minutes. The Chef Seeker acknowledges that the payment of the Service does not constitute acceptance of a firm offer and that the Chef can cancel the reservation at any time, with or without cause,.
In the event that it is impossible for the Chef to honor the reserved Service, the Company and the Chef will make their best efforts to propose an alternative time or an alternative Chef to the Chef Seeker as soon as possible.
Payment of the Service is made by credit card, by secure payment made available to the Chef Seekers on the Platform.
The deposit of the price of the Service is made on a dedicated account opened in the name of the Company with a bank of its choice. Once the payment of the Service has been recorded on the dedicated account, the Company alone is authorized to order the bank to pay it to the Chef, after deducting the commission due to the Company for the use of its Services. . Upon the acceptance of the offer and payment to the Chef, the Company shall not be responsible for any refund to the Chef Seeker for nonperformance by the Chef. The contract is directly between the Chef Seeker and the Chef and the Company is providing no services to either the Chef or Chef Seeker other than to introduce the parties to one another, assist in the facilitation of a contract between them, and collect and remit payments for the services to be performed by the Chefs for the benefit of the Chef Seekers. As necessary, the Payment Processor will provide the Chef with relevant Form 1099-K.
In no case shall a Service be carried out in the absence of payment of the price of the Service.
The right of withdrawal cannot be exercised when the Chef Seeker has already benefitted from the Service.
Accessing the Platform, Registration and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. However, we will endeavor to ensure that there is no break in a potential transaction and reservations of Services in process. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
Trademarks
The Company name, the logo, the terms, the app and all related IP, and all Company related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
Messaging and Other Interactive Services
The Platform’s spaces of exchanges between Chef Seekers and Chefs, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and/or other interactive features (collectively, “Interactive Services”) may permit users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, materials, and/or provided personal/user data (collectively, “User Contributions”) on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
Monitoring and Enforcement Of User Contributions; Termination
We have the right to:
Content Standards for User Contributions
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Platform may provide certain social media features that enable you to:
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Platform is based in the state of Florida in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Miami and County of Miami-Dade, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy, constitute the sole and entire agreement between you and Cheflit Corp. regarding the Platform, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
The Platform is operated by Cheflit Corp., 1221 Brickell Avenue Suite 1160, Miami, FL 33131, USA..
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: info@cheflit.com.
Last Modified: 07.25.19