Terms and Conditions
Last updated: 8th January 2016
Terms and Conditions
MyDeliChef Ltd., registered in the United Kingdom (UK) under Company number 09063486 (hereinafter referred to as "MyDeliChef", "we", "us", or "our"), provides an online platform and professional network that connects skilled chefs and other service providers with customers seeking to rent such services (collectively, the “Services”). These Services are accessible on http://www.MyDeliChef.com and any other websites through which MyDeliChef makes the Services available (collectively, the “Site”).
The Site and the Services comprise an online platform through which Chefs (defined below) may create Products (defined below) and other Services (defined below) and Customers (defined below) may learn about and book Services. You understand and agree that MyDeliChef is not a party to any agreements entered into between Chefs and Customers, nor is MyDeliChef an agent or insurer. MyDeliChef has no control over the conduct of Chefs, Customers, guests and other users of the site, services or any accommodations, and disclaims all liability in this regard.
• User(s) means any person, company, software or other, who accesses the Site, Services, or Content.
• Member(s) means a User who completes MyDeliChef’s account registration process, including, but not limited, to Chefs and Customers, as described under “Account Registration” below.
• Content means any and all text, graphics, images, music, software, audio, video, information or other materials.
• Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or the Services.
• MyDeliChef Content means all Content that MyDeliChef makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
• Collective Content: means Member Content, unregistered-user content and MyDeliChef Content.
• Customer(s) means a Member who requests a booking of a Chef Service via the Site, or a Member or unregistered User or non-User who partakes in Chef Services and is not the Customer for such Services.
• Chef(s) means a Member who registers as a Chef and creates a Profile and/or a Product via the Site.
• Product(s) means a Service or Services that are listed by a Chef as available for hire via the Site and the Services, including but not limited to Menus.
• Menu(s) means a series of food courses offered by a Chef.
• Profile(s) means the page containing information about a Chef or Customer that is created by the Chef or Customer or with information provided by the Chef or Customer.
• Event(s) means the experience that a Customer books and is carried out by a Chef, involving one or several Product(s).
• Referral Programme means a facility enabling Users of the Site to recommend the Site to their friends and contacts.
• Tax(es) means any value added taxes (VAT), and other similar local and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (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, 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, Services, or Collective Content.
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 or through the Services, or by participating in the Referral Programme, you are indicating that you have read these Terms, 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 Collective Content or to participate in the Referral Programme. 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.
MyDeliChef reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including commissions and fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or 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 or Services after we have posted a modification on the Site 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 and the Services.
The Site, the Services and registration as a Member are intended for persons who are 18 or older and are not directed to children under 18. We expect that any use by children will only be done with the guidance, supervision, and consent of parents or guardians. MyDeliChef does not knowingly collect Personal Information from children without parental consent.
MyDeliChef is an online platform that can be used to facilitate the booking of Chefs and other food-related services (“Services”). You may view Products, including but not limited to Menus, as an unregistered User of the Site. If however you wish to book an Event, you must first register to create a Customer Account (defined below). If you wish to create a Product, you must first register to create a Chef Account (defined below).
In order to access certain features of the Site, and to book an Event or create a Product, you must register to create an account (“Account”) and become a Member. You may register to join the Services directly via the Site.
We will create your Account and your profile page for your use of the Site based upon the information you provide to us or that we obtain via a third-party account that you have linked to your MyDeliChef Account. You may not have more than one (1) active 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. We reserve the right to suspend or terminate your Account and your access to the Site and the Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, 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 Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.
As a Chef, you may create Products. To this end, you will be asked to enter a range of information about the Services to be listed, including, but not limited to, the location, ingredients, courses, possible variations, availability of the Services and pricing and related rules and financial terms. Products will be made publicly available via the Site. Reference may be made to the Products on third-party websites and media, including, but not limited to, Social Networking Sites (“SNS”) (including, but not limited to, Facebook, Twitter, LinkedIn and Instagram).
Other Members will be able to book your Services via the Site, based upon the information provided in your Product. You understand and agree that once a Customer requests a booking of your Services, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Products you create. Accordingly, you represent and warrant that any Product you post and the booking of, or Customer engagement, with Services in a Product you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Product you create, and (b) not conflict with the rights of third parties. Please note that MyDeliChef assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations. MyDeliChef reserves the right, at any time and without prior notice, to remove or disable access to any Product for any reason, including Products that MyDeliChef, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You understand and agree that MyDeliChef does not act as an insurer or as a contracting agent for you as a Chef. If a Customer requests a booking of your Services and retains your Services, any agreement you enter into with such Customer is between you and the Customer; and MyDeliChef is not a party thereto. Notwithstanding the foregoing, MyDeliChef serves as the limited authorised agent of the Chef for the purpose of accepting payments from Customers on behalf of the Chef and is responsible for transmitting such payments to the Chef.
MyDeliChef recommends that Chefs obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, 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, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customers invites to the Services, if applicable) while providing your Services.
MyDeliChef does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and the Services. MyDeliChef is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or the 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 and you agree not to attempt to impose liability on, or seek any legal remedy from MyDeliChef with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and the Services regarding any bookings or Products made by you. This limitation shall not apply to any claim by a Chef against MyDeliChef regarding the remittance of payments received from a Customer by MyDeliChef on behalf of a Chef, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Right to Modify the Service
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Services. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and invitations, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of our actions may impair or prevent you from accessing your Content or using the Site or the Services at certain times and/or in the same way, for limited periods or permanently, and you agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Site or the Services.
BOOKINGS AND FINANCIAL TERMS
Bookings and Financial Terms for Chefs
The total price as charged to the Customer who books a Product is comprised of a fixed price component, irrespective of the number of Customers attending the Event (“Chef’s Fixed Price”), and a variable price component, which is charged per Customer attending the Event (“Chef’s Price per Person”). It is the Chef and not MyDeliChef who determines both the Chef’s Fixed Price and the Chef’s Price per Person.
The Chef’s Fixed Price is added to the Chef’s Price per Person (itself multiplied by the number of Customers attending the Event), to calculate the Total Price (which will also include applicable Taxes).
MyDeliChef will collect the Total Price at the time of booking, or shortly thereafter, and will initiate payment of the Total Price minus MyDeliChef’s commission (“Commission”), based upon a percentage of the Chef’s Fixed Price and the Chef’s Price per Person (itself multiplied by the number of Customers attending the Event), to the Chef on the first working day following the Event date after satisfactory completion of the Services. Please note that if it is a Chef’s first Event, the Chef may receive payment upto 5 working days after the Event.
Appointment of MyDeliChef as Payment Agent for Chef
Each Chef hereby appoints MyDeliChef as the Chef’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Chef. Each Chef agrees that payment made by a Customer to MyDeliChef shall be considered the same as a payment made directly to the Chef and the Chef will make the Services available to Customer as agreed upon booking. Each Chef agrees that, MyDeliChef may, in accordance with the cancellation policy, (i) permit the Customer to cancel the booking and (ii) refund to the Customer all or a portion of the Total Price paid. In accepting appointment as the limited authorised agent of the Chef, MyDeliChef assumes no liability for any acts or omissions of the Chef.
Bookings and Financial Terms for Customers
The Chefs, not MyDeliChef, are solely responsible for honouring any confirmed bookings and making available any Services reserved through the Site. If you, as a Customer, choose to enter into a transaction with a Chef for the booking of a Service, 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 Services imposed by the Chef. You acknowledge and agree that you, and not MyDeliChef, will be responsible for performing the obligations of any such agreements, that MyDeliChef is not a party to such agreements, and that, with the exception of its payment obligations hereunder, MyDeliChef disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that MyDeliChef is not a party to the agreement between you and the Chef, MyDeliChef acts as the Chef’s payment agent for the limited purpose of accepting payments from you on behalf of the Chef. Upon your payment of amounts to MyDeliChef which are due to the Chef, your payment obligation to the Chef for such amounts is extinguished, and MyDeliChef is responsible for remitting such amounts, less MyDeliChef’s Commission, to the Chef. In the event that MyDeliChef does not remit any such amounts to a Chef, such Chef will have recourse only against MyDeliChef.
Bookings for Services will specify the Total Price. You agree to pay MyDeliChef the Total Price for any booking requested in connection with your MyDeliChef Account if such requested bookings are confirmed by the applicable Chef. In order to establish a booking pending the applicable Chef’s confirmation of your requested booking, you understand and agree that MyDeliChef, on behalf of the Chef, reserves the right, in its sole discretion, to charge your credit card for the Total Price. If a booking cannot be honoured by the applicable Chef, MyDeliChef will refund the Total Price to the Customer.
A Customer who opts to pay by bank transfer acknowledges that their booking of Services with a Chef constitutes a binding contract with obligation to pay. Customers have a right to cancel their booking under certain conditions (see “Cancellations and Refunds”). If a Customer cancels a confirmed but not fully paid booking less than 7 days before the Event, a portion or all of the Total Price will still be due and payable to MyDeliChef.
Please note that MyDeliChef cannot control any fees that may be charged to a Customer by his or her bank related to MyDeliChef’s collection of the Total Price, including, but not limited to foreign exchange transaction fees, and MyDeliChef disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address, and credit card information either to MyDeliChef or its third party payment processor. You agree to pay MyDeliChef for any bookings made in connection with your MyDeliChef Account in accordance with these Terms by one of the methods described on the Site – e.g. by PayPal or credit card. Please note that these methods may vary by location and by currency.
Cancellations and Refunds
If, as a Customer, you wish to cancel a confirmed booking made via the Site, prior to the date of the Event, our cancellation policy operates as follows: You may cancel your Event without penalty up to 7 days before your Event. If you cancel your Event less than 7 days before the Event but more than 3 days before the Event, you will be entitled to a refund of 50% of the Total Price of the Event. If you cancel your Event within 3 days of the Event, you will not be entitled to a refund. A reservation is not officially cancelled until you receive a cancellation confirmation email from MyDeliChef. Please note that refunds will be made in the currency used at the time of booking and via the same payment method.
If, as a Chef, a paid booking for which you have confirmed your attendance is cancelled by the Customer less than 7 days before the Event, you may be entitled to a compensation payment. This will be evaluated on a case-by-case basis by MyDeliChef. If a paid booking for which you have confirmed your attendance is cancelled by the Customer within 3 days of the Event, you will be entitled to a partial compensation payment, the exact amount of which will be evaluated on a case-by-case basis by MyDeliChef. Receipt of a partial compensation payment is no guarantee of such payments in future.
If a Chef cancels a confirmed booking made via the Site, MyDeliChef will refund the Total Price for such booking to the applicable Customer within a commercially reasonable time of the cancellation. Chefs are expected to provide an honest explanation for the cancellation and no payment will be made to the Chef for the cancelled booking. Chefs are discouraged from cancelling confirmed bookings, except in situations of illness, injury and emergencies. Please note that repeated and, especially, unjustified cancellations by a Chef will have a negative impact on the Chef’s reputation. We reserve the right to publish and share a Chef’s cancelation rate with Customers and on the Site.
As part of the Services, MyDeliChef allows Users to view Product prices and Total Prices in several currencies. You understand and agree that these views of Prices and are for informational purposes only and are not necessarily expressed in the currency in which the Product will actually be charged. When creating a Product, the Chef determines the currency in which the Product will be charged (the “Product Currency”). If you as a Customer request a booking, you will be notified of the currency in which you will be charged prior to finalising the booking and prior to making payment. If the currency in which you choose to display prices on the site (the “User Currency”) is different from the Product Currency, the Total Price will be switched back to the (original) Product Currency during the checkout process. If you choose a payment method (such as a credit card) which uses a currency that is different from the Product Currency, you acknowledge that you may be charged additional currency conversion fees by your bank, credit card provider, or other payment provider.
Chefs will be paid in the Product Currency, as defined themselves when they create the Product. It is the responsibility of the Chef to ensure that the bank account used to receive payment from MyDeliChef can accept payments in the Product Currency. Chefs acknowledge that they may incur additional currency conversion fees from their bank if they select a Product Currency that is different from the currency of their bank account.
The conversion rates used to display prices on the site are updated daily using data from the European Central Bank (“ECB”). You acknowledge that the exchange rate used for displaying prices in foreign currencies may not be identical to the applicable market rate in effect at any specific time. MyDeliChef takes no responsibility for currency conversion fees incurred by Chefs or Customers.
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 or the Services. In connection with your use of the Site and the Services, you agree that you will not:
• Violate Applicable Laws: You will not violate any local, regional, provincial, cantonal, national, European Union, international or other law or regulation, or any order of a court;
• Interfere with the Site: You will not upload, promote or distribute software viruses or any other kind of computer code, files, or programs that attempt to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. You will not interfere with our servers or networks connected to the Site or try to disguise the origin of any content transmitted through the Site. You will not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Site. Further, you will not interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.
• Exceed the Scope of Authorised Use: You will not use the Site or the Services for any commercial or other purposes that are not expressly permitted by these Terms, and you will not copy, store, or otherwise access any information contained on the Site or made available through the Services for purposes not expressly permitted by these Terms.
• Violate Users’ Rights: You will not invade another’s privacy, and you may not use someone’s personal data for commercial purposes or in some other manner that violates their rights or applicable laws. You will not use the Site or the 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, and you will not infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights. Additionally, you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Annoy or Spam Users: You will not use the Site or the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements, and you will not "stalk" or harass any other User of the Site and the Services, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Customer or a Chef.
• Attempt to Copy or Resell the Services: You will not try to reproduce the Site or otherwise try to exploit any part of, use of, or access to the Services.
• Violate Intellectual Property Rights: You will not upload, post, or transmit content that infringes the copyright, trademark, or other intellectual property or proprietary rights of another party.
• Misrepresent yourself: You will not, as a Chef, seek to pass off images or videos of dishes not created by yourself as your own work.
• Bypass MyDeliChef: You will not use the Site or the Services to find a Member or a Chef and then complete a booking independently of the Site or the Services, in order to circumvent the obligation to pay any fees related to our provision of the Site and the Services or for any other reasons.
• Post Objectionable Content: You will not 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.
• Advocate, encourage, or assist any third party in doing any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
We reserve the right to block and/or terminate in appropriate circumstances the Accounts of Users who violate any of the above and/or who repeatedly infringe or are believed to be repeatedly infringing the copyright, trademark, or other intellectual property rights of others.
We may access, preserve, and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against MyDeliChef or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of MyDeliChef, its users, or members of the public. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services or to review or edit any User Content, but we have the right to do so for the purpose of operating and improving the Site and the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with these Terms, to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or the Services.
If as a Customer, you hire a Chef, OR as a Chef, accept a booking from a Customer, who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to MyDeliChef by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Food Standards and Hygiene
Chefs must understand the food standard and hygiene requirements in their respective city, region or country, including, but not limited to, the storage and transportation of food. Some jurisdictions have laws requiring specific food standard certifications, and these certifications may expire and need to be renewed on a regular basis. These laws are often part of a city’s health code. Local governments vary greatly in how they enforce these laws.
The relevant jurisdiction for laws applicable to the provision of food is always based on the physical location of the Event, not the home address of the Chef, nor the billing address of the Customer.
It is our policy to immediately suspend and investigate any Chef who is deemed unfit or unable to meet the food standards required in the jurisdiction(s) where they offer their services. We reserve the right to withhold payment to any such Chef.
CHEFS MUST REVIEW ALL RELEVANT FOOD STANDARD LAWS BEFORE LISTING A SERVICE ON MYDELICHEF.
Operating across National Borders
Chefs offering their services across national borders must have the right to travel to, and work in, the country where the Event is located (“Event Country”). It is the Chef’s responsibility to ensure that they are in compliance with all relevant laws and regulations and declare their work to the appropriate tax authorities.
By offering your services as a Chef in a given location, you are confirming that you have a legal right to work there.
Food Imports and Toll Charges
Chefs offering their services across national borders (most notably in, but not restricted to, Switzerland) must be aware of the restrictions governing the importation of certain foods and food products. In some cases, particularly for meat and meat-related products, there are very restrictive limitations on quantities that may be imported into the country without the need to pay additional import duties and VAT. Chefs must therefore ensure that they (i) stay below the duty-free limits and, if necessary, purchase the restricted merchandise in the Event Country; or (ii) declare their imports at customs and pay any duties, taxes and other charges themselves. Chefs are responsible for building these costs into their prices.
You can read detailed information on food imports into Switzerland here (available in English, German, French and Italian): Swiss Confederation website.
MyDeliChef declines all liability for any duties, taxes, charges or fines, resulting from the importation of goods by a Chef.
Cleanliness and Working Environment
The Customer is required to provide the Chef with a clean, clear, hygienic and safe working space, with clean and functioning kitchen appliances and clean kitchen utensils, so that the Chef can prepare food to a high standard. The Customer is also required to provide sufficient washing-up liquid, a clean sponge, clean tea towels, a clear sink, and, if applicable, dishwasher tablets or powder, so that the Chef can wash up to a high standard.
The Chef is required to wash up all pots, pans, plates, cutlery, glasses and any other objects used during the Event (collectively, “Utensils”), with the exception of any Utensils still being used by the Customers at the time of the Chef’s departure (such as dessert plates). The Chef is also required to clean the kitchen surfaces and clean any spillages that occurred during the Event, on the floor, in the oven or elsewhere. The Chef is not expected to clean areas unrelated to the Event, nor objects that were dirty prior to the Chef’s arrival. If the Customer has a dishwasher at their disposal, the Chef is encouraged to make use of it for all Utensils deemed dishwasher-safe.
Damage to Property
As a Chef, you are responsible for leaving the Customer’s home or office, and belongings, including, but not limited to, kitchen appliances, cooking utensils, crockery and cutlery, in the condition they were in when you arrived, or better. You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who accompany and/or assist you during the Event, including, but not limited to, waiting or kitchen staff. In the event that a Customer claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to (i) access and view any MyDeliChef Content solely for your personal and non-commercial purposes and (ii) access and view any User 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 or the Services, 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 us or our licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and the Services, you hereby grant to MyDeliChef 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 Member Content on, through, or by means of the Site and the Services. MyDeliChef does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and the Services or you have all rights, licenses, consents and releases that are necessary to grant to MyDeliChef the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or MyDeliChef’s use of the Member 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.
Third Party Links
We may include or recommend third party resources, materials and/or links to third party websites, content and applications as part of, or in connection with, the Site and the Services. We may have little or no control over such sites and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of MyDeliChef used herein are trademarks or registered trademarks of MyDeliChef. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and the Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the “Contact” (www.MyDeliChef.com/contact) section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of MyDeliChef and you hereby irrevocably assign to MyDeliChef and agree to irrevocably assign to MyDeliChef all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At MyDeliChef’s request and expense, you will execute documents and take such further acts as MyDeliChef may reasonably request to assist MyDeliChef to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
MyDeliChef respects copyright law and expects its Users to do the same. It is MyDeliChef’s policy to terminate in appropriate circumstances the MyDeliChef Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The MyDeliChef name and logo are both trademarked and protected under European Trade Mark law. You are not authorised to use either the MyDeliChef name or logo unless given explicit permission by MyDeliChef.
You may deactivate your account at any time by sending an email to firstname.lastname@example.org.
We may suspend access to your account, or deactivate your account, with or without notice according to these Terms. Reasons for us suspending or deactivating your account may include, without limitation: (i) breach or violation of these Terms, (ii) an extended period of inactivity (determined in our sole discretion), (iii) your non-payment of any fees or other sums due to us or any other party related to your use of the Site or the Services, (iv) your failure to appear for the Services you have scheduled, or (v) unexpected technical or security issues or problems.
LIMITATION OF LIABILITY
IF YOU CHOOSE TO USE THE SITE OR THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYDELICHEF DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND CHEFS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYDELICHEF 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. MYDELICHEF MAKES NO WARRANTY THAT THE SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYDELICHEF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EVENTS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYDELICHEF OR THROUGH THE SITE OR THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEMBERS OR CHEFS. YOU UNDERSTAND THAT MYDELICHEF DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR THE SERVICES. MYDELICHEF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND CHEFS, PARTICULARLY IF YOU ORGANISE AN EVENT AND MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY MYDELICHEF. MYDELICHEF EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYDELICHEF, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MYDELICHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICES; (iii) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICES; (v) MYDELICHEF’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (ix) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.
You agree to indemnify and hold MYDELICHEF, its subsidiaries, affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of the Site or the Services, any violation of these Terms of Service, or any other actions connected with your use of the Site or the Services. In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for your Account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
These Terms will be interpreted in accordance with the laws of the United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of the courts located in London, United Kingdom for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and MyDeliChef agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and MyDeliChef are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MyDeliChef otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Changes to Dispute Resolution
Notwithstanding the provisions of the “Modification” section above, if MyDeliChef changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” above or in the date of MyDeliChef’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MyDeliChef in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire agreement between you and MyDeliChef and govern your use of the Site and the Services, except for, and then only to the extent that you have entered into a separate agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and MyDeliChef for the use of the Site and the Services as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Site or the Services, you utilise or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
The failure of MyDeliChef to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of MyDeliChef. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact MyDeliChef at firstname.lastname@example.org.