Terms and conditions for Use for CHEF OMAKASE Website
By accessing or using our website (www.chefomakase.com), mobile applications or SNS sites or blogs (collectively, the “Site”) provided by Chef Omakase LLC or any of its subsidiaries or affiliates (herein referred to as “Company,” “we,” “us,” or “our”) in the operation of a platform for you to contract private chef home cooking services with chefs who offer such services (the “Chefs”) as independent contractors (the “Private Chef Services”), you agree to be bound by the terms and conditions contained in these Terms and Conditions of Use (the “Terms of Service,” or “Terms”) and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our privacy policy (collectively, the “Agreement”), each of which is incorporated by reference.
This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content or information provided by or through the Site, and the subject matter of this Agreement. The Terms of Service, in conjunction with our Privacy Policy or any other policies promulgated by us constitute a valid, binding contract between you and Company.
YOUR USE OF THIS SITE SIGNIFIES YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT, AND SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. Please read these Terms of Service and the Privacy Policy carefully. If you do not agree to the Terms of Service, please do not use our Site. Your only remedy for dissatisfaction with this Site, platform, content, or other information available on or through this Site, is to stop using the Site. As we add new functionality to the Site, we may revise these Terms of Service periodically. If we do, we will post the changes here. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms of Service.
Orders and Payment
1. Orders and Booking Fees
1.1. Through the Site, you can schedule or book the Private Chef Services. Orders placed on the Site are fulfilled by Squarespace/Square Inc. Responsibility for the fee payment (the “Booking Fees”) and fulfillment of an order is with Squarespace/Square Inc., not Company, except as otherwise set forth in these Terms.
1.2. You agree that as a condition of your use of the Site, you will provide Company with a credit or debit card (the “Payment Cards”) and that you hereby authorize Company to charge your Payment Cards to collect the Booking Fees plus tax. Company will charge you the amount you have agreed on the Site. Depending on the transaction you select or services requested, Company may charge you on a one-time or recurring basis.
1.3. If you use our Site, the Booking Fees must be received prior to your receiving the Private Chef Services, unless we otherwise agreed in advance. We may reject orders where the stated address is outside New York. We reserve the right to refuse any order you place with us. We expressly condition our acceptance of your order on your agreement to these Terms.
1.4. We may need to verify the information you provide before we accept an order and may cancel or limit an order any time after it has been placed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. If payment (Booking Fees) has already been made and your order is cancelled, changed or limited, we will refund you any payment made for Private Chef Services that will not be delivered due to cancellation, change or limitation of an order.
1.5. The descriptions of, or references to, Chefs or their Private Chef Services at the Site do not imply endorsement of that Services, or constitute a warranty, by us.
2. Accuracy of Billing Information
2.1. In ordering Private Chef Services through our Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide is registered to you. You agree to promptly update your billing information, including your email address and Payment Card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
2.2. If Company is unable to charge your Payment Card, your order will be canceled.
2.3. We reserve the right to bar your access to and use of our Site if we have reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information, or for any other reason we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on our Site is sufficient to satisfy any applicable statute of fraud, and no further writing is required.
3. Booking, Cancellation, and Menu Planning
3.1. At the Site, Company offers information and a method for you to obtain the Private Chef Services. The Private Chef Services are to be completed by Chefs. Company does not provide, and does not intend to provide, such Private Chef Services itself, or act in any way as a restaurant or caterer.
3.2. You may cancel your order before you receive the Private Chef Services, but your eligibility for a refund depends on the following status of your order:
More than 72 Hours: Full Refund
Less than 72 Hours but more than 24 Hours: 50% Refund
Less than 24 Hours: No Refund
3.3. Each Chef has his or her pre-set menu displayed at the Site. Chefs will propose your custom-curated menu based on the dietary or allergy information you provide. Such proposals are to be confirmed by seventy-two hours prior to the date of your Private Chef Services, and failure to do so will be considered as a cancellation of your order. All of the agreed upon menu items are subject to change from the initial menu proposals due to ingredient availability, quality, or other unforeseeable factors.
3.4. Based on the information you provide, Chefs will make every effort to identify ingredients that may cause allergic reactions for those individuals with food allergies. However, you need to be aware of your allergies. Company will not assume any liability for adverse reactions to food consumed, or items you, your family members, or your guests may come in contact with while you receive the Private Chef Services.
Your Rights and Responsibilities
4. Regulations and Rules on Private Chef Services
4.1. Company does not itself provide the Private Chef Services. You contract for the Private Chef Services directly with Chefs. Company has no responsibility or liability for any Private Chef Services and/or food or menu provided to you by Chefs.
4.2. Company reviews the resume or experience of Chefs. However, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with any person whom you do not know.
4.3. In the event that you are dissatisfied with the experience provided by Chefs, it should be raised directly to Chefs. However, where a solution cannot be mutually agreed upon between you and Chefs, Company can mediate. All requests for mediation need to be made to Company within 24 hours of your scheduled Private Chef Services.
4.4. No exchange or external contacts with Chef is allowed until after your order is confirmed by Company through the Site. All communication needs to be through the Site and Company.
4.5. Chefs will need full access to the cooking area for an estimated 3-6 hours. Please make your home accessible to Chefs on the scheduled date of your Private Chef Services. If for some reason, Chefs cannot access your home, you will be charged as a last-minute cancellation.
4.6. Chefs will leave your kitchen as clean as they found it, remove their personal equipment, and put away all leftover food or groceries. Please make sure your kitchen area is clean and ready for Chefs on the scheduled date of your Private Chef Services. If Chefs arrive in an unsuitable kitchen, they will document the area with a photo(s), and a cleaning fee of $50 will be added as additional Booking Fees. If your kitchen does not meet basic health code standards, Chefs will prepare and store what they can, and you will be charged an additional day rate and reimburse for groceries.
4.7. Two (2) days prior to the date of your scheduled Private Chef Services, your meals and groceries will be packaged, supplied, and delivered with suggested preserving, heating, or serving instructions for your convenience. However, the instructions are subject to inaccuracies due to inconsistent oven temperatures, type of equipment, or storage environment in your home. Company reserves the right to throw away food that Chefs deem to be unfit for consumption. Company is not to be held liable if you choose to ignore common food safety practices by not storing, defrosting, reheating, or using proper sanitation in regard to your meals or menu.
5. Restrictions on Use of the Site
5.1. You agree and represent you will not use the Site to:
5.1.1 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;
5.1.2 upload, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
5.1.3 upload, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
5.1.4 upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware, or telecommunications equipment;
5.1.5 engage in sending “spam” or any other form of solicitation;
5.1.6 use automated scripts to collect information from or otherwise interact with the Site;
5.1.7 violate any applicable local, state, national or international law; or
5.1.8 provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
5.2. You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our Site pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software, or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere, or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
5.3. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or any quantities not authorized by Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or its affiliates without prior express written consent. You may not use metatags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database, or directory without the express written permission of Company is strictly prohibited.
6. Descriptions of Site
6.1. You are responsible for providing, at your own expense, all equipment necessary to use the Site, including a computer, modem, mobile phone, and Internet access (including payment of all fees associated with such access).
6.2. We reserve the sole right to either modify or discontinue the Site, including any of the Sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Service.
6.3. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the New York, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer or information made in connection with this Site is void where prohibited.
7. User Submissions of Image, Video, Audio Files
7.1. The Site includes Company social media, located at a third-party provider (such as Facebook, Twitter, Pinterest, and Instagram), which pulls content from our users who share any communications or content of any type (such as photos, videos, or audio) using our brand hashtags or tagging (collectively, the “User Content”). You acknowledge and agree that your content may be used in our Site, emails, or any other locations Company owns or operates.
7.2. You agree not to upload or transmit any User Content that infringes or violates any rights of any party. You represent that any such User Content has been taken or recorded by you or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person.
7.3. You agree that any Personally Identifiable Information Privacy Policy (such as name, phone number, or email address) contained in User Content that you submit belongs only to you or your dependents or members of your immediate family and not to anyone else. Uploading User Content like images or videos of other people without their permission is strictly prohibited. By uploading and emailing any User Content on the Site, you warrant that you have permission from all persons appearing in User Content for you to make this contribution and grant rights described herein.
7.4. It is strictly prohibited to upload or email User Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
7.5. By uploading any User Content, you grant to Company a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the User Content as follows: (i) for purposes of providing the Site; (ii) as permitted or required by law; and (iii) in accordance with our Privacy Policy, and incorporated by reference into these Terms of Services. You agree to indemnify Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content or your failure to comply with the terms described in this Agreement.
Company’s Rights and Responsibilities
8. Links to Other Sites
8.1. The Site may contain links to third-party websites, including social media sites. Unless otherwise stated, any links that are provided are not intended to state or imply that Company sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
8.2. Company makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, or the contents of the outside sites. If you decide to access linked third-party websites, include social media sites, you do so at your own risk. Company’s liability and responsibility in relation to any information on any third-party site or any product purchased through such third party site are expressly limited by the terms of this Agreement.
9. Company’s Intellectual Property Rights
9.1. The Site is protected by copyright, trademark, trade dress, and other intellectual property rights.
9.2. Company grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
9.3. The logos and other service marks and service names included on the Site (the “Marks”) are owned or licensed by Company. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of Company. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Company.
9.4. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, Html, and other mark-up languages, and all scripts within the Site associated therewith, are Copyright© 2021 Chef Omakase LLC. All Rights Reserved worldwide. The copyrighted and proprietary property of Company or its affiliates may not be duplicated or used without Company’s express prior written consent.
10. Materials and User Content
10.1. Subject to our Privacy Policy, any communication, material, or User Content that you transmit to this Site or email to us, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
10.2. Company will not be liable for any content posted by third parties, or at the direction of users; you must evaluate the accuracy and usefulness of such content. Company does not pre-screen content, but Company and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Site, including the right to remove any content that violates the Terms or is deemed by Company to be objectionable.
11. Notice for Copyright Infringement
11.1. If you or any user of this Site believes any copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send a notification to our contact immediately. To be effective, the notification must include:
I) Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
II) Identify the material that you claim is infringing the copyrighted work listed in item i) above;
III) Provide information reasonably sufficient to permit us to contact you (e-mail address is preferred);
IV) Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (e-mail address is preferred);
V) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
VI) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
VII) Sign the paper;
VIII) Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Keiko Aoki, Copyright Agent
Address: 19 West Suite 407 New York NY 10036
Email: info@chefomakase.com
11.2. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Release, Indemnification, and Disclaimers
12. Release
12.1. By using the Site, you agree to release, discharge and hold harmless Company and its subsidiaries, affiliates, partners, retailers, distributors, and each of their officers, directors, employees, and agents from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site.
12.2. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
13. Indemnification
You agree to indemnify and hold Company and its affiliates, subsidiaries, partners, distributors, and each of their employees, officers, directors, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Site, including without limitation, any content posted to or transmitted through the Site, or publicly distributed on the web, your use of the Site, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another.
14. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (I) THE QUALITY OF THE SITE OR ANY PRIVATE CHEF SERVICES ORDERED, PURCHASED, OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE, (IV) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGEMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company AND ANY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE BOOKING FEES YOU HAVE PAID THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SITE, AS APPLICABLE.
Miscellaneous Terms
16. Modification
Company may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. Company may, but is not obligated to, provide notice of any updates, revisions, supplements, modifications, or amendments to this Agreement on the Site’s homepage. By continuing to use the Site after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site is subject to the most current version of this Agreement.
17. Assignment
We may at any time assign, transfer, change, subcontract or deal in any other manner with all or any of our rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent.
18. Entire Agreement
These Terms, in conjunction with our Privacy Policy, constitute the entire Agreement between you and Company with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
19. Severability
If any provision of this Agreement is deemed unlawful, void, voidable, or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
20. Headings
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
21. Governing Law
The Site can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, both you and Company agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof that would produce a different result, will apply to all matters relating to the use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Company agree any litigation arising between the parties hereto shall be brought only in the courts in the State of New York. You hereby irrevocably and unconditionally waive any defense of an objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
22. Termination
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, therefore, your right to use the Site immediately ceases. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
23. Contact Information
If you have any comments, questions, or requests, or if you need to contact Company for any other reasons, you may contact us at info@chefomakase.com
[End of Terms and Conditions]
Effective date: May 27, 2021