Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website available at the URL www.pleasechef.com (www.pleasechef.com”). This is a legal agreement which sets out the terms and conditions on which the Please Chef LLC team (hereinafter referred to as “Please Chef”) will provide services to you or to the legal entity you represent. Please Chef LLC is a company incorporated in the State of Georgia, United States of America, whose registered office address is [151 Ted Turner Dr NW Atlanta GA 30303].
The terms ‘you’, ‘your’, and/or ‘yourself’ as used herein shall refer to you, a user of our Site, either as a general visitor, a registered residential user (hereinafter, a “User”), and/or a registered independent contractor that provides cooking services to third parties in their personal address (hereinafter, a “Chef”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Please Chef and/or our affiliates, assignees, successors and/or brands. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
By accessing our Site, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations. By using our Site, you represent and warrant that you: (a) as a Home and/or Chef, are of legal age or legal capacity in your jurisdiction; (b) as a Chef, you comply with any and all necessary laws, rules, regulations and professional licensing terms of the applicable jurisdiction where you provide your cooking services to third parties; (c) as a Home and/or Chef, agree to all of the terms and conditions stated herein; and (d) as a Home and/or Chef, have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing this Site.
The Site’s accessibility to the user is solely provided for the user’s individual benefit. If you are using our Site in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.
In order to use the functionalities and services provided, you will need to register for an account with us, thereby disclosing certain proprietary information, along with any personally identifiable information.
Please Chef provides, operates and manages a platform where users may contact Chefs, and then negotiate, customize and request personalized cooking services direct to their residential address.
Please keep in mind that our Chefs are independent contractors, not our employees, and that the Site only serves as a contact and payment platform among the users and the Chef.
Our Site is the best way to request personalized cooking experiences with one single platform (the “Services”).
In order to use our Services, you may need to create an account with us, including all mandatory fields on our registration forms, as requested by us from time to time. You must provide accurate and complete information. You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password. We reserve the right to request identification and compliance documents from our users, at any time and at our sole discretion.
We offer two types of accounts: (i) main account for customers/ users who want to book Chef’s services; (ii) account for Chefs that are professional cookers or caters who have the capacity to deliver a fine cooking experience directly to the residential address of a customer.
By activating your account you become a registered member and gain access to certain features, including the ability to post certain information and interact with other users. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Authorized users may be you or your affiliates’ employees, representatives, consultants, contractors, agents, or other third parties who are acting for your benefit or on your behalf. If you suspect a breach of security or unauthorized use of your account, you must notify us immediately of any change in your eligibility to use the Site and the Services.
As a customer, you will be able to undertake many actions through our Site, including but not limited to: (i) browse and revise lists of Chefs offered through the Site; (ii) review the cooking, fine dining and catering services offered by our Organizers (e.g. name, theme, topic, location, time length, type of foods and drinks delivered, duration, rating, price); (iii) select a Chef in order to contact him and negotiate his services; (iv) mark Chefs and experiences as favorite for easier future access; (vi) select/add/edit the Chefs of your choice to your shopping cart; and (vii) confirm the address, location, time, weather restrictions and other details. In order to be able to contact Chefs, you will need to verify your account, usually via an email link. Once verification is complete, you account will be active.
You need to expressly negotiate with Chefs what you will provide in terms of location for catering, including but not limited to, electricity, tap water, a functional kitchen sink, gas appliances like ovens, a residential gas connection and/or a trash can. You also need to negotiate whether such basic utilities are to be provided by you to Chef at good will.
The general rule is that anything that is not previously agreed among the parties, must be provided by Chef with no intervention or cost on behalf of customer.
As a Chef, you will be able to undertake many actions through our Site, including but not limited to: (i) create, edit and list your profile the Site; (ii) review the properties of your dining experience services (e.g. name, type, topic, type of food and drinks, available locations, length of services, price), edit and delete them and also mark them as available or inactive for the customer; (iii) receive, read, see and manage messages, negotiations, proposals and service´s history for your experience; and (iv) receive and read customer reviews and testimonials. In order to be able to create and promote your services, you will need to verify your account, usually via an email link. Once verification is complete, you account will be active.
If your experience is inactive, it will not be displayed in the event list in the front end of the Site. You will also be able to delete your event and your reviews, if necessary.
You need to expressly indicate what you will need from customer in order to provide your services, including but not limited to, electricity, tap water, a functional kitchen sink, gas appliances like ovens, a residential gas connection and/or a trash can. You also need to indicate whether such basic utilities are to be provided by customer at good will.
The general rule is that anything that is not previously agreed among the parties, must be provided by Chef with no intervention or cost on behalf of customer. You hereby represent, warrant and covenant to Please Chef and its affiliates, licensors, agents and representatives that you have all necessary authorizations, license and permits to offer any and all related products and services, as required under your jurisdiction.
For our users who wish to open an account to provide their professional services to customer, we reserve the right to request certain basic documentation in order to carry out minimum background checks. Overall, we may request the following information in order to review each Chef and his contribution to our ecosystem:
Each registration will be review to ensure that it fits into one of our supported service categories. Some Chef service categories will be incompatible with our offerings, and may be rejected by us at any time and without prior notice. We reserve the right, but not the obligation, to open and close service categories as we deem fit. Chef profiles should include information such as details of the services provided, images and videos, reviews, insurance information, and credentials. We offer certain functionalities targeted to Chef users, such as badges, advertising campaigns, profile enhancement and increased visibility. These functionalities will be optional, and will be ruled according to their terms, price and conditions, to be indicated by us from time to time.
Please Chef encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Please Chef does not generally provide its Services to persons under the age of eighteen (18). Users under the age of eighteen (18) may use Please Chef, only with the express, unequivocal consent of their legal guardians. Accordingly, we reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.
We rely on authorized third-party payment processors in order to bill customers through a payment account linked to their personal account, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. You can always review your account in order to review your current Service credits, their term and other valuable data.
We accept direct bank transfer, and in the future we may also accept worldwide accepted third-party payment processors to bill you through a payment account linked to your account. You hereby authorize us the charging of fees through your indicated payment processing account. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.
Please Chef is not responsible for any and all errors, fees and currency conversions fees by our banks and payment processor, and you should review their terms and policies from time to time, which will govern the provision of their services to you.
You must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
Chefs are paid after a safety period of 5 working days after the dining experience order has finished. Chefs shall have the final order amount transferred to their indicated payment processing account, less: a 10% service charge for Please Chef, 3% payment processing fees, 7% local Georgia tax, and 2.50 (two dollar and fifty cents) insurance surcharge.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Please Chef for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Please Chef as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
We always aim to ensure that your Please Chef experience is incredible and satisfying. That is why we pride ourselves in giving 100% customer satisfaction. However, if you decide to cancel or modify your order, Please Chef must receive notification at least 24 hours prior to the scheduled date and time of arrival of the Chef. Failure to notify us will result in the order still being considered "in progress" and a charge being made to your account. In that case, full payment by the customer will still be required, and no refunds, exchanges, or transfers will be permitted for that Chef’s service.
If, for any reason you are not satisfied with the services provided by one of or selected Chefs, you may be entitled to a full refund. Accordingly, if you seek restitution, inform Please Chef within 48 hours after completion of the Chef’s order. Please Chef will deal with all dispute inquires within ten to fourteen working days.
Please Chef offers mediation services for situations that include, but will not be limited to: (i) customers who are not satisfied with the quality or merit of the service provided by a Chef, therefor alleging that the performance and/or quality of an order is not what such customer may reasonably expect from the selected Chef given market conditions; and/or (ii) Chefs who ascertain that they effectively performed an completed an order but where a customer indicated that he requests a refund.
Please Chef will not take part in a dispute other than as a mediator, and will make use of the means available via the Services in order to achieve an amicable resolution among the users. If the dispute parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the dispute may be escalated to Please Chef by either party, and we will undertake our commercial efforts to offer a non-binding recommendation for the settlement of the dispute.
Chef hereby acknowledges that, by virtue of the disclosure of confidential information by Please Chef, Chef’s knowledge of the business operations and user directory of Please Chef will enable Chef to put Please Chef at a significant competitive disadvantage if Chef is employed or engaged by or becomes involved in a competitive business for Pleas Chef, namely a website providing an online directory that links consumers and professional cookers and caters, allowing them to negotiate, agree and pay for the services of Chefs. Accordingly, Chef hereby covenants and agrees that, as long as Chef is a party to this agreement, within the territory consisting of the State of Georgia, and for a period of two (2) years thereafter, it will not, directly or indirectly, individually or in partnership or in conjunction with any other person, without the consent of Please Chef:
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
Please Chef encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account. You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.
Please Chef encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services. Please Chef has the right, but not the obligation, to monitor any chat activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms of Use, Privacy Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Please Chef and our Services. We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services and user generated content that would be interpreted or considered offensive or spam.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to Please Chef and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third-parties other than Please Chef, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. Please Chef is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Any testimonial or review about our company, our products or our Services, the services or activities of the listed Chefs, along with any event or recommendation displayed within the Site, is made by the respective author and does not does not reflect Please Chef’s opinions, nor do Please Chef, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
The events, statements, images, texts, posts, information, photographs and other content and media displayed on or through the Site or Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site and the Site are licensed and/or purchased stock photos and are only shown for illustration purposes.
Please Chef reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Please Chef does not host any type of catering, dining, drinking, cooking or any restaurant services. We do not engage into the organization, execution, planning or catering of events, be of fine dining, local dining or other type.
Please Chef does not own, manage and/or control any catering operating company, nor does it engages into the legal, managerial, logistical, safety or regulatory activities necessary for any type of event planning, organization or execution. Henceforth, Please Chef’s responsibilities are limited to providing a platform for the promotion of Chefs and services undertook by third parties not affiliated with us. We are not responsible for any personal dining experiences, whether they are hosted or not, whether they take place or not, whether they have any artistic or technical merit, or if they satisfy the personal tastes of Homies or any person. User Privacy.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
You hereby represent, warrant and covenant that: (i) your use of our Site and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Please Chef and its affiliates, licensors and agents; and to grant the rights granted to Please Chef in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our Services; or (iii) Please Chef begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or revocation for our Services; (iii) Please Chef's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Please Chef to you from time to time; or (v) Please Chef’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers, such as Amazon Web Services.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Please Chef, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non- infringement, non-interference with use and/or enjoyment.
In no event shall Please Chef, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services or the Chef’s personal services, including but not limited to, loss of revenue, profits, business, loss of use or lack of material resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Please Chef, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
If a user suffers loss or damage as a result of Please Chef’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous 3 months or the amount of direct loss or damage suffered by Customer, whichever is less.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You shall indemnify, hold harmless, and defend Please Chef, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Please Chef’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Please Chef’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Please Chef); and/or (ii) any third party claim arising out of or in relation to Please Chef or use thereof in combination with your business platform, including without limitation, any claim that Please Chef violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Assignment. These Terms will inure to the benefit of any successors of the parties.
Force Majeure. Please Chef shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
No Waiver. Failure by Please Chef to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Please Chef are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the City of _________________, State of Georgia. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Georgia will govern these Terms and any claim, without regard to conflict of law provisions. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. Contact.
If you have any questions or comments about us, our Site, our Terms and/or these Terms, please contact us at:
[888-],[--757 2433-], www.pleasechef.com, info@pleasechef.com
Date of last effective update is [-06/14], 2019.