Terms of Service
1. USE OF SERVICES
Off Duty Chef, Inc. provides a booking service (“Service”) for Customers to engage third-party professional chefs (“Chefs”) predetermined professional chef services offered by the Chefs. Customers understand that Off Duty Chef, Inc. does not control, and is not responsible for Chef profiles made available through the Service. Customers agree that Customers must evaluate, and bear all risks associated with, the use of any Chef profiles and that under no circumstances will Off Duty Chef, Inc. be liable in any way for any Chef profiles or for any loss or damage of any kind incurred as a result of the use of any Chef profiles posted, emailed or otherwise made available via the Service.
2. BOOKING OF CHEF SERVICES; FEES; PAYMENT
Customers must book a Chef Service within thirty (30) days of the date of the Customer’s event. Once a Customer chooses an event service offered by a Chef, an email request will be sent to the Chef to confirm his/her availability for the event. Off Duty Chef, Inc. does not collect any payment information from the Customer at this time. The Chef will confirm his/her availably via an email sent through the Service, at which time the Customer will have the opportunity to review the event details and confirm the pricing for the event. It is the Customer’s responsibility to review the confirmation email to verify the accuracy of the information relating to the Chef Service. Once the Customer confirms his/her reservation through the Service, the Customer shall pay in full by providing credit card information and a billing address. Off Duty Chef will charge the Customer’s card for the full amount of payment at that time. Customers agree that Customers must evaluate, and bear all risks associated with, the use of any Chef Service and that under no circumstances will Off Duty Chef, Inc. be liable in any way for any Chef Service or for any loss or damage of any kind incurred by a Member as a result of the use of any Chef Service or any failure of the Chefs to perform the Chef Service. If the Customer cancels his/her/its reservation request, Off Duty Chef, Inc. will issue a refund in accordance with its cancellation policy.
3. CANCELLATION POLICY
If you have to cancel your event up to four days before it is scheduled, you will be refunded the full amount of your deposit. A reservation is not officially canceled until the Customer receives a cancellation confirmation e-mail from Off Duty Chef, Inc.. If the cancellation e-mail is not received, contact Off Duty Chef, Inc.
4. PRIVACY AND INFORMATION DISCLOSURE
5. TERMINATION OF SERVICE
Customers agree that Off Duty Chef, Inc. at its sole discretion, has the right (but not the obligation) to delete or deactivate a Customer’s account, block a Customer’s email or IP address, or otherwise terminate a Customer’s access to or use of the Service (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Off Duty Chef, Inc. believes that Customers have acted inconsistently with the letter or spirit of the Terms of Service. Further, Customers agree that Off Duty Chef, Inc. shall not be liable to any Customer or any third-party for any termination of a Customer’s access to the Service. Further, Customers agree not to attempt to use the Service after said termination.
6. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Chef profiles displayed on or through the Service are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Off Duty Chef, Inc. Customers further agree not to reproduce, duplicate or copy Chef profiles from the Service without the express written consent of Off Duty Chef, Inc., and agree to abide by any and all copyright notices displayed on the Service. Customers may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, Customers agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
7. DISCLAIMER OF WARRANTIES; RELEASE
CUSTOMERS AGREE THAT USE OF THE OFF DUTY CHEF, INC. WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CUSTOMERS AGREE THAT INTERACTIONS WITH CHEFS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN MEMBERS AND THE CHEFS, REGARDLESS OF WHETHER OFF DUTY CHEF ACTS AS AN INTERMEDIARY FOR CUSTOMERS’ COMMUNICATION WITH THE CHEFS OR CUSTOMERS’ PAYMENT FOR CHEF SERVICE. CUSTOMERS AGREE THAT CUSTOMERS WILL MAKE WHATEVER INVESTIGATION CUSTOMERS FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY CHEFS. THE OFF DUTY CHEF, INC. WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OFF DUTY CHEF, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE OFF DUTY CHEF, INC. WEBSITE, THE SERVICE AND THE CHEF SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, OFF DUTY CHEF, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OFF DUTY CHEF, INC. WEBSITE OR THE WEBSITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OFF DUTY CHEF, INC. WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OFF DUTY CHEF, INC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OFF DUTY CHEF WEBSITE OR THE SERVICE. Customers also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to Customers insofar as they relate to implied warranties.
Customers agree to indemnify and hold Off Duty Chef, Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of a Customer’s use of the Service, a Customer’s violation of the Terms of Service, a Customer’s breach of any of the representations and warranties herein, or a Customer’s violation of any rights of another.
9. AGGREGATE INFORMATION AND NON-IDENTIFYING INFORMATION
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
10. SERVICE PROVIDERS
11. COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
Off Duty Chef, Inc. cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Off Duty Chef, Inc. or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
12. BUSINESS TRANSFERS
Off Duty Chef, Inc. may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
With your consent we may post your testimonial along with your name. If you want your testimonial removed please contact us at firstname.lastname@example.org.