THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CHEFS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR SERVICES (DEFINED BELOW) AND CLIENTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SERVICES. YOU UNDERSTAND AND AGREE THAT TheKitchenChefs Ltd IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CHEFS AND CLIENTS, NOR IS TheKitchenChefs AN INSURER. TheKitchenChefs HAS NO CONTROL OVER THE CONDUCT OF CHEFS, CLIENTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Capitalized terms shall have the meaning set forth below or in the body of the Terms if not defined in the table below :
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 REVIEW OF THE SERVICES, 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 REVIEW OF THE SERVICES. 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.
TheKitchenChefs ltd reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees and the Booking Client 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. By continuing to access or use the Site or Services after we have modified the Terms, 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 Services. TheKitchenChefs Ltd encourages you to periodically review the Terms to stay informed of our updates.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited unless they have the permission of a guardian.
The Site and Services can be used to facilitate the listing and booking of Chefs and other culinary services (“Services”).
You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Service or
create a Listing, you must first register to create a THEKITCHENCHEFS account registration (defined below).
As stated above, TheKitchenChefs makes available a platform or marketplace with related technology for Clients and Chefs to meet online and arrange for bookings of Services. TheKitchenChefs is not an owner or operator of an agency, including, but not limited to, chefs, catering services, restaurants, food professionals or Services, nor is it a provider of properties, including, but not limited to, event venues, public halls, other lodgings or Services and TheKitchenChefs does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control equipment and ingredients used by Chefs or Clients in the conduct of purchasing Services. TheKitchenChefs responsibilities are limited to (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Chef for the purpose of accepting payments from Clients on behalf of the Chef.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SERVICES. THEKITCHENCHEFS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. THEKITCHENCHEFS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT’S OWN RISK.
As a Chef, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed.
Listings will be made publicly available via the Site and Services. Members will be able to book your Services via the Site
and Services based upon the information provided in your Listing. You understand and agree that once a Client requests a
booking of your Services, the price for such booking may not be altered except with the prior consent of the Client and
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client engagement, with Services in a Listing 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 accommodation included in a Listing you post, and (b) not conflict with the rights of third parties. Please note that TheKitchenChefs assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations. THEKITCHENCHEFS reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that THEKITCHENCHEFS, 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 THEKITCHENCHEFS does not act as an insurer or as a contracting agent for you as a Chef. If a Client requests a booking of your Services and retains your Services, any agreement you enter into with such Client is between you and the Client; and THEKITCHENCHEFS is not a party thereto. Notwithstanding the foregoing, THEKITCHENCHEFS serves as the limited authorized agent of the Chef for the purpose of accepting payments from Clients on behalf of the Chef and is responsible for transmitting such payments to the Chef.
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 retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Client (and the individuals the Client invites to the place of Services, if applicable.)
THEKITCHENCHEFS recommends that Chefs obtain appropriate insurance for their Services.
In order to access certain features of the Site and to book a Service or create a Listing, you must register to create an account
(“THEKITCHENCHEFS Account”) and become a Member. You may register to join the Services directly via the Site or as described in
We will create your THEKITCHENCHEFS Account and your THEKITCHENCHEFS Account profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active THEKITCHENCHEFS 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. THEKITCHENCHEFS reserves the right to suspend or terminate your THEKITCHENCHEFS Account and your access to the Site and Services if you create more than one (1) THEKITCHENCHEFS 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 THEKITCHENCHEFS Account, whether or not you have authorized such activities or actions. You will immediately notify THEKITCHENCHEFS of any unauthorized use of your THEKITCHENCHEFS Account.
The fees displayed in each booking are comprised of the Services Fees (defined below) and the Client Booking Fee
(defined below.) Where applicable, taxes may be charged in addition to the Services Fees and Client Booking Fees.
The Services Fees, the Client Booking Fees and applicable taxes are collectively referred to in these Terms as
the “Total Fees”. The amounts due and payable by a Client solely relating to a Chef’s Services are the “Chef’s
Fee”. Please note that it is the Chef and not THEKITCHENCHEFS which determines the Chef’s Fees.
THEKITCHENCHEFS will collect the Total Fees at the time of booking confirmation and will initiate payment of the Chef’s Fees (less THEKITCHENCHEFS’s commission (defined below)) to the Chef.
Each Chef hereby appoints THEKITCHENCHEFS as the Chef’s limited agent solely for the purpose of collecting payments made by Clients on behalf of the Chef. Each Chef agrees that payment made by a Client to THEKITCHENCHEFS shall be considered the same as a payment made directly to the Chef and the Chef will make the Services available to Client in the agreed upon manner as if the Chef has received the Chef’s Fees. Each Chef agrees that, THEKITCHENCHEFS may, in accordance with the cancellation policy selected by the Chef and reflected in the relevant Listing, (i) permit the Client to cancel the booking and (ii) refund to the Client that portion of the Chef’s Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Chef, THEKITCHENCHEFS assumes no liability for any acts or omissions of the Chef.
The Chefs, not THEKITCHENCHEFS, are solely responsible for honoring any confirmed bookings and making available any
Services reserved through the Site and Services. If you, as a Client, 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 THEKITCHENCHEFS, will be responsible for performing the
obligations of any such agreements, that THEKITCHENCHEFS is not a party to such agreements, and that, with the
exception of its payment obligations hereunder, THEKITCHENCHEFS disclaims all liability arising from or related
to any such agreements. You acknowledge and agree that, notwithstanding the fact that THEKITCHENCHEFS is not a
party to the agreement between you and the Chef, THEKITCHENCHEFS 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 THEKITCHENCHEFS which
are due to the Chef, your payment obligation to the Chef for such amounts is extinguished, and THEKITCHENCHEFS is
responsible for remitting such amounts, less THEKITCHENCHEFS’s Fees, to the Chef. In the event that THEKITCHENCHEFS
does not remit any such amounts to a Chef, such Chef will have recourse only against THEKITCHENCHEFS.
Bookings for Services will specify the Total Fees. You agree to pay THEKITCHENCHEFS for the Total Fees for any booking requested in connection with your THEKITCHENCHEFS 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 THEKITCHENCHEFS, on behalf of the Chef, reserves the right, in its sole discretion, to obtain a pre-authorization via your credit card for the Total Fees. Once THEKITCHENCHEFS receives confirmation of your booking from the applicable Chef, THEKITCHENCHEFS will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that THEKITCHENCHEFS cannot control any fees that may be charged to a Client by his or her bank related to THEKITCHENCHEFS’s collection of the Total Fees, and THEKITCHENCHEFS 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 THEKITCHENCHEFS or its third party payment processor. You agree to pay THEKITCHENCHEFS for any confirmed bookings made in connection with your THEKITCHENCHEFS Account in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by THEKITCHENCHEFS. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
In consideration for providing the Services, THEKITCHENCHEFS collects service fees from Chefs (“Service Fees”). Service
Fees are made up of a fee that is charged to the Chef based upon a percentage of the amount of the Chef’s Fees (“Chef
Payment Fees”). Where applicable, taxes may also be charged. Chef Payment Fees are deducted from the Total Fees before
remitting the Chef’s Fees to the Chef.
Balances will be remitted by THEKITCHENCHEFS to Chefs via check, PayPal, direct deposit or other payment methods described on the Site. Except as otherwise provided herein, Service Fees are non-refundable.
In consideration for providing the Services, THEKITCHENCHEFS collect booking fees from Client (the “Booking Client Fees”). Booking Client Fees are made up of a fee that is charged to the Client based upon a percentage of the Chef Fees. Where applicable, taxes may also be charged. Booking Client Fees are deducted from the Total Fees. Except as otherwise provided herein, the Booking Client Fees are non-refundable.
If, as a Client, you wish to cancel a confirmed booking made via the Site and Services, prior to the date of Services, the
cancellation policy of the Chef contained in the applicable Booking will apply to such cancellation. Our ability to refund
the Chef Service Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.
If a Chef cancels a confirmed booking made via the Site and Services, (i) THEKITCHENCHEFS will refund the Total Fees for such booking to the applicable Client within a commercially reasonable time of the cancellation and (ii) the Client will receive an email or other communication from THEKITCHENCHEFS containing alternative Listings and other related information. If the Client requests a booking from one of the alternative Listings and the Chef associated with such alternative Listing confirms the Client’s requested booking, then the Client agrees to pay THEKITCHENCHEFS the Total Fees relating to the confirmed booking for the accommodation in the alternative Listing, in accordance with these Terms. If a Chef cancelled a confirmed booking and you, as a Client, have not received an email or other communication from THEKITCHENCHEFS, please contact email@example.com.
As a Chef, you are responsible for leaving the premises of Services in the condition it was in when you arrived. 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 you invite to, or otherwise provide access to, the premises of Service. In the event that a Client 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.
THEKITCHENCHEFS 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 Services.
THEKITCHENCHEFS is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or comissions 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 THEKITCHENCHEFS with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
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, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
THEKITCHENCHEFS will have the right to investigate and prosecute violations of any of the above to the fullest extent
of the law. THEKITCHENCHEFS may involve and cooperate with law enforcement authorities in prosecuting users who violate
these Terms. You acknowledge that THEKITCHENCHEFS has no obligation to monitor your access to or use of the Site,
Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of
operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the
order or requirement of a court, administrative agency or other governmental body. THEKITCHENCHEFS reserves the right,
at any time and without prior notice, to remove or disable access to any Collective Content that THEKITCHENCHEFS, at
its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful
to the Site or Services. THEKITCHENCHEFS reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in THEKITCHENCHEFS's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children when using the Site, Services or Collective Content. THEKITCHENCHEFS does not control or endorse the content, messages or information found in the Collective Content, therefore, THEKITCHENCHEFS specifically disclaims any liability with regard to the Collective Content and any actions resulting from your participation in any Collective Content. Managers and hosts are not authorized THEKITCHENCHEFS spokespersons, and their views do not necessarily reflect those of THEKITCHENCHEFS.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view any THEKITCHENCHEFS Content
strictly in accordance with Terms. As a condition of your use of the Site, you warrant to THEKITCHENCHEFS that you will not
use the Site and the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Site and the Services.
All content included as part in the Site, Services and Collective Contents, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of THEKITCHENCHEFS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site and the Services. THEKITCHENCHEFS Content is not for resale. Your use of the Site, Services and Collective Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Collective Content without the express written permission of THEKITCHENCHEFS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of THEKITCHENCHEFS or our licensors except as expressly authorized by these Terms. You have no right to sublicense the license rights granted in this section.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that THEKITCHENCHEFS may share such information and data with any third party with whom THEKITCHENCHEFS has a contractual relationship to provide the requested product, service or functionality on behalf of the Members.
THEKITCHENCHEFS respects copyright law and expects its users to do the same. It is THEKITCHENCHEFS’s policy to terminate in appropriate circumstances the THEKITCHENCHEFS Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your THEKITCHENCHEFS Account. In the event THEKITCHENCHEFS terminates these Terms, or your access to our Site and Services or deactivates or cancels your THEKITCHENCHEFS Account you will remain liable for all amounts due hereunder. Please note that if your THEKITCHENCHEFS Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to any reviews.
You will be able to connect your THEKITCHENCHEFS Account to third party accounts. By connecting your THEKITCHENCHEFS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
MEMBERS AGREE THAT USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CLIENTS AGREE THAT INTERACTIONS WITH CHEFS
FOUND ON OR THROUGH THE SERVICES, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS,
WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN CLIENTS AND THE CHEFS, REGARDLESS OF WHETHER
THEKITCHENCHEFS ACTS AS AN INTERMEDIARY FOR MEMBERS' COMMUNICATION WITH THE CHEFS OR MEMBERS' PAYMENT FOR CHEF SERVICE. MEMBERS
AGREE THAT MEMBERS WILL MAKE WHATEVER INVESTIGATION MEMBERS FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION
WITH ANY CHEFS.
THE SITE AND THE SERVICES 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, THEKITCHENCHEFS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THEKITCHENCHEFS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THEKITCHENCHEFS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THEKITCHENCHEFS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CHEFS OR CLIENTS. YOU UNDERSTAND THAT THEKITCHENCHEFS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. THEKITCHENCHEFS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND CHEFS. NOTWITHSTANDING THEKITCHENCHEFS’S APPOINTMENT AS THE LIMITED AGENT OF THE CHEFS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE CHEFS, THEKITCHENCHEFS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEKITCHENCHEFS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA; PROFITS OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE
PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE,
SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES
OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THEKITCHENCHEFS HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE CHEFS PURSUANT TO THESE TERMS, IN NO EVENT WILL THEKITCHENCHEFS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A CHEF, THE AMOUNTS PAID BY THEKITCHENCHEFS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED POUNDS (£100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THEKITCHENCHEFS AND YOU.
You agree to indemnify, defend and hold harmless THEKITCHENCHEFS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or the Services, your Member Content, your creation of a Listing, your violation of any terms of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. THEKITCHENCHEFS reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with THEKITCHENCHEFS in asserting any available defence.
These Terms will be interpreted in accordance with the laws of England & Wales, without regard to its conflict-of-law provisions.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply. The place of arbitration shall be London.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and THEKITCHENCHEFS as a result
of these Terms or use of the Site or the Services.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
The failure of THEKITCHENCHEFS 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 authorized representative of THEKITCHENCHEFS. 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 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.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by THEKITCHENCHEFS (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.