CUISINE CRAFTERS

TERMS OF SERVICE
EFFECTIVE DATE: Jun 1, 2019

1. INTRODUCTION

Thank you for using Cuisine Crafters! These Terms of Service ("Terms") cover your rights and obligations relating to your access and use of the Cuisine Crafters website, mobile application, and any other related services provided by us (collectively, the "Service"). All references in these Terms to "we", "us", "our", or "Cuisine Crafters" refer to Nove Markets Inc. dba Cuisine Crafters. The Service is an online marketplace dedicated to

  1. connecting highly-skilled chefs, professional cooks, culinary students, caterers, and talented home cooks (collectively, the "Chefs") and people and businesses looking to hire Chefs (the "Customers") and
  2. for the Customers' browsing and purchasing of food items, in-home dining experiences, catering services, and delivery meal orders and for the Chefs’ offering, selling, preparing, serving, and/or delivering of food items and meal orders to Customers (the "Food Services").

Lastly, all users of the Service, whether a Chef or a Customer, are referred to in these Terms collectively as "you", "your", or "users" (unless it is made clear from the language that these terms are referring to either Chefs or Customers).

In addition to these Terms, please review the Cuisine Crafters Privacy Policy which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well. By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.

You hereby represent that you have the full right, power, and authority to enter into these Terms and to fully perform all of your obligations hereunder and that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.

PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

Do not hesitate to contact us at [email protected] if you have any questions.

2. AGE POLICY

We do not intend that the Service be used by anyone under 18 years old. If we learn or have reason to suspect that a user is under 18 years of age, we will promptly revoke the user's access to the Service and delete any personally identifiable information submitted by that user.

3. PERMITTED USE OF THE SERVICE

You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.

4. OVERVIEW OF THE SERVICE

Cuisine Crafters' Role

The Service fundamentally provides a marketplace for Chefs and Customers to connect, and enables Chefs to be hired by Customers to provide their culinary services. Cuisine Crafters is not directly involved in a transaction between a Chef and a Customer. As between Cuisine Crafters and you, Cuisine Crafters' role is solely (a) to facilitate the availability of the Service for Chefs and Customers, and (b) to collect payment from Customers.

Chefs are solely responsible for the Food Services they offer through the Service, including but not limited to ensuring that any foods are prepared pursuant to the directions provided by the Customers, if any, and that the food and the preparation of such food is otherwise compliant with all laws (federal, state, and local), rules, regulations, local ordinances, rental agreements, fire codes, zoning laws, tax laws (including, but not limited to, collection, remittance and reporting obligations with respect to sales, use, meal and similar taxes). As a Chef, you represent and warrant that any Food Services you offer will not breach any agreements you have entered into with any third parties, and will not conflict with the rights of any third parties.

CUISINE CRAFTERS CANNOT AND DOES NOT CONTROL THE PREPARATION OF ANY FOODS, THE INGREDIENTS USED, THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FOOD SERVICES OR THE KITCHENS IN WHICH THEY ARE PREPARED. FOOD SERVICES MAY BE PREPARED IN KITCHENS THAT ARE NOT SUBJECT TO REGULATION OR INSPECTION BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AUTHORITIES. CUISINE CRAFTERS IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ANY FOODS OFFERED FOR SALE THROUGH THE SERVICE. ACCORDINGLY, ANY PURCHASE AND CONSUMPTION OF FOODS BY YOU ARE MADE AT YOUR OWN RISK.

Creating an Account

To use the Service, you must create an account on the Service. To create an account, you may be asked to provide your first and last name, ZIP Code, phone number, and e-mail address, and you will be prompted to create a confidential password to access your account. Customers may also be asked about any dietary preferences and restrictions. To become a chef on the service, in addition to the foregoing, you may be asked provide your physical address, how far you are willing to travel to service Customers, information regarding your culinary skills and background, your general schedule and availability, and your pricing, among other relevant information. In addition, the Service may prompt prospective Chefs to become a verified Chefs. To become a verified Chef, the Chef will be required to pay for a background check, and will have to provide certain information, including but not limited to a Social Security number and credit card information. Although becoming verified is not required, it is strongly encouraged. The background check will be conducted by a third-party vendor. The Service's Chef functions are designed and intended for use only by persons with experience (including experienced home cooks with no formal training) and/or training in the culinary industry. If you do not have appropriate experience and/or training, you should not register as Chef, and you are not licensed to use the Service as a Chef.

No matter whether you are registering an account as a Customer or a Chef, you agree to provide accurate, current, and complete information during the account registration process. You further agree to update any information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account if any information provided by you proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to, or share your account with any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

You will also be prompted to affirmatively click a box indicating that you agree to be bound to these Terms and the Privacy Policy. Prior to giving you access to the Service, we may also send an e-mail at the e-mail address you provide prompting you to verify your account by clicking a link.

Placing Orders

Customers will be able to place orders on the Service by selecting the Food Service desired on a Chef's page. Customers will be prompted to select their desired date and time for the Food Service order to begin ("Food Service Appointment"). Chefs will have the option to reject any Food Service order placed, and Customers understand and agree that Cuisine Crafters is not involved in a Chef's decision whether to approve or reject a Food Service order. Customers will also be prompted to provide additional information regarding their Food Service order, including but not limited to the cooking equipment that Customers will make available to the Chef, if any. After a Food Service order is accepted by a Chef, Cuisine Crafters will place a hold on the credit card the Customer has on file. Cuisine Crafters will release payments made by Customers to the Chefs upon the earlier of (1) both the Customer and the Chef indicating on the Service that the Food Services have been completed or (2) twenty-four (24) hours after the Food Service Appointment.

Conditions of Use

User Conduct

Cuisine Crafters may provide you with interactive opportunities (a) on the platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items, user profiles and pictures, (b) on social media pages maintained by Cuisine Crafters, as well as (c) through other communications with you, including, without limitation, through text ("SMS") or multimedia ("MMS") messages (collectively, "Interactive Areas"). You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages, or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by Cuisine Crafters. Cuisine Crafters reserves the right to investigate and take appropriate legal action against anyone who, in Cuisine Crafters' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. sell, post or otherwise transmit any content or information relating to Food Services or any other content that
    1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable;
    2. you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships;
    3. poses or creates a privacy or security risk to any person;
    4. infringes any intellectual property or other proprietary rights of any party;
    5. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation;
    6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    7. in the sole judgment of Cuisine Crafters, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Cuisine Crafters or its users to any harm or liability of any type;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. solicit personal information from anyone under the age of 18;
  4. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  5. advertise or offer to sell or buy any goods or services other than Food Services intended to be prepared, sold and purchased through the Service;
  6. use the Service to request, make or accept Food Services independent of the Service, to circumvent any fees that would otherwise apply to such transaction;
  7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  8. violate any applicable local, state, national or international law, or any regulations having the force of law;
  9. engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
  10. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  11. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

User Representations, Warranties and Agreements.

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  • You have read, understand, and agree to be bound by these Terms and the Privacy Policy;
  • You will respect the privacy (including without limitation private, family and home life) and data protection rights of users with whom you communicate through the Service;
  • You will fulfill the commitments you make to other users, communicate clearly and respectfully, provide or accept Food Services at the agreed time and only utilize the third-party payment service provider specified or approved by the Company to make or receive payment through the Services.
  • You will act professionally and responsibly in your interactions with other users;
  • You will use your real name or business name on your profile;
  • When using or accessing the Services, including when preparing, packaging, delivering, providing or receiving meals, you will act in accordance with all applicable local, state and federal laws and regulations and in good faith;
  • You do not have any motivation, status, or interest that the Company may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, academic, investigative, or unlawful purpose.

Chefs additionally represent and warrant that:

  • When selling through the Service you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation or other business entity;
  • You are engaged in an independently established business selling goods similar to the goods you sell to Customers through the Services;
  • You have the unrestricted right to earn income in the jurisdiction in which you will be selling food;
  • If you sell food in a jurisdiction that requires you to have a license(s) and/or tax registration, you have the required license(s) or tax registration;
  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before selling food through the Services;
  • You have any and all insurance required to operate your business and sell food through the Services;
  • You will use your real name or business name and an up-to-date photo on your profile;
  • You will honor your commitments to other users of the Services, including by fulfilling product orders on time and as agreed upon with your Customer and providing timely, high-quality food to your Customers;
  • You will only sell food safely and in accordance with all applicable laws;
  • For each item you sell, you will disclose each and every ingredient to your Customers including but not limited to each major allergen as defined by local, state or federal law;
  • When delivering prepared food, You will only cook food in a location that you are permitted by law to cook food;
  • You agree that we may (but are not required to) obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement;
  • You will pay all applicable federal, state and local taxes based on income earned for your sale of food (note, the platform will collect and remit taxes for the sale of food where applicable); and,
  • You agree not to market your meals in a false or misleading manner including but not limited to not making false representations or claims about the nutritional value of your meals.

Chefs Facilities

In addition to the foregoing conduct restrictions, to the extent you are a Chef that provides Food Services in California, you represent and warrant that your use of the Services to market, advertise and sell Food Services does not violate any applicable law or regulation, including but not limited to the California Retail Food Code (excerpted from the California Health and Safety Code). For Chefs located in California, you represent and warrant that you prepare and provide all Food Services to Customers using a qualified

  1. "Food Facility" (as defined in Section 113789 of the California Retail Food Code, as amended);
  2. "Food Processing Establishment" (as defined in Section 111955 of the California Retail Food Code, as amended); or
  3. "Cottage Food Operation" (as defined in Section 113758 of the California Retail Food Code, as amended). To the extent you are a Chef preparing and providing Food Services out of a food facility qualifying only as a "Microenterprise Home Kitchen" (as defined in Section 113825 of the California Retail Food Code, as amended), you further represent and warrant that you are in compliance with the terms of Chapter 11.6 of the California Retail Food Code, as amended, which requires, among other things, that:
    1. You operate your microenterprise home kitchen in a city or county where the governing body has authorized by ordinance or resolution the permitting of microenterprise home kitchen operations;
    2. You have submitted to the local enforcement agency written standard operating procedures that include the following information:
      1. all food types or products that will be handled,
      2. the proposed procedures and methods for food preparation and handling,
      3. procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse,
      4. how food will be maintained at the required holding temperatures, pending pickup by Customers or during delivery, and
      5. days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation;
    3. You have successfully
      1. You have successfully
      2. passed an inspection, and
      3. received a permit to operate issued from the local enforcement agency;
    4. Your permit to operate a microenterprise home kitchen operation received from the local enforcement agency remains valid and in full effect;
    5. Any person delivering food items or meals on behalf of your permitted microenterprise home kitchen operation is an employee or a family/household member of yours, and if such a person drives a motor vehicle to deliver such food items or meal orders, the person has a valid driver's license;
    6. You have entered (and updated when necessary) the permit number for your microenterprise home kitchen operation in the dedicated field provided by us during the sign-up process;
    7. You have no more than one full-time equivalent food employee, not including a family member or household member;
    8. Your meals and food items are prepared, cooked and served to Customers on the same day;
    9. Your meals and food items are consumed either
      1. onsite at your microenterprise home kitchen, or
      2. offsite if the food is picked up by the consumer or delivered within a safe time period;
    10. Your meal and food item preparation does not involve processes that require or handle raw milk or require a HACCP plan; 1
    11. Your meals and food items do not include raw oysters;
    12. You do not prepare more than 30 individual meals and food items per day, and no more than 60 meals and food items per week (or the approximate equivalents of each if meal components are sold separately);
    13. Your operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index; and
    14. You sell meals and food items only to Customers who are consumers rather than wholesaler or retailers.

For further information on California's regulations regarding microenterprise home kitchens, please review the resources provided by the Cook Alliance at www.cookalliance.org. Cuisine Crafters does not guarantee the accuracy of information or endorse any opinions contained on the Cook Alliance website.

Ingredients and Allergens

For any particular Food Services and related content posted using the Service, a Chef shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the meal or food item, including any known allergens. Cuisine Crafters is not responsible for the accuracy of the information and labeling of food delivered to Customers. Customers should be advised that meal and food items may be prepared in facilities using the same equipment that is used to prepare meals and food items containing other allergens even if the allergen is marked as being absent from the food. Cuisine Crafters shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any meals and food items and related items purchased through the Service.

Chef Insurance

Cuisine Crafters maintains insurance for its own business operations, but it does not maintain insurance for the actions of Chefs or Customers. If you are a Chef, Cuisine Crafters recommends that you obtain appropriate insurance to cover the operation of your Food Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers or any third-party service.

Customer Review Guidelines

To the extent you are a Customer, Cuisine Crafters may allow you to upload content and leave reviews regarding your purchase of Food Services. Cuisine Crafters may accept, reject, or remove reviews and any associated content in its sole discretion. Cuisine Crafters has absolutely no obligation to screen or to delete reviews or associated content, even if anyone considers reviews objectionable or inaccurate. Those Customers posting reviews should comply with the following criteria:

  1. reviewers should have firsthand experience with the person/entity being reviewed;
  2. reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
  3. reviewers should not be affiliated with competitors if posting negative reviews;
  4. reviewers should not make any conclusions as to the legality of conduct; and
  5. reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Cuisine Crafters, and do not represent the views of Cuisine Crafters or of any affiliate or partner of Cuisine Crafters. Cuisine Crafters does not assume liability for any review or for any claims, liabilities or losses resulting from any review. Any review you post will be considered Content.

Marketplace Risk

Cuisine Crafters is not affiliated with or endorsed by any Chef, restaurant or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, Cuisine Crafters is not a party to or involved in any transaction between Customers and Chefs, and does not act as a Customer, Chef (or affiliate for a Customer or Chef) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Cuisine Crafters. We encourage you to use the various functionalities of the Service (e.g., Chef profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.

Special Notice for International Use; Export Controls

Software (as defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

5. CANCELATIONS & REFUNDS

Customers

Customers may cancel a Food Service only in accordance with the cancellation policy and associated fees set forth on the applicable Chef's profile during the booking process.

Chefs

Chefs who cancel a Food Service order with less than seventy-two (72) hours before the Food Service Appointment will be charged a twenty-five dollar ($25) cancellation fee. Cuisine Crafters reserves the right to remove any Chef who consistently cancels Food Service orders after having accepted the Food Service order.

6. OUR FEES

Processing Fee: Cuisine Crafters will charge Customers a service fee of 5% of the total cost of the Service order.

Subscription and Transactional Fees

Cuisine Crafters charges a monthly or annual subscription fee to Chefs, as applicable, as selected and agreed to by the Chef during the account creation process. Cuisine Crafters also charges a transactional fee to Chefs, which is indicated on the applicable subscription fee plan for each Chef. The subscription fees and transactional fees are subject to change at any time and for any reason by Cuisine Crafters in its sole and absolute discretion. Unless otherwise stated, all fees are quoted in U.S. dollars.

Customer Responsibility

Customers may pay for Items using credit cards, debit cards, or other payment methods as may be determined by Cuisine Crafters from time to time. Chefs will be prompted to provide bank account details to us so that we may facilitate transfer of payments received from Customers purchasing Food Services. If you submit your payment information through the Service, then you authorize Cuisine Crafters to store that payment information and charge your payment method for any Food Services that you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

If you purchase Services on a recurring or subscription basis, you hereby authorize Cuisine Crafters to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Cuisine Crafters know within fourteen (14) days after the date that Cuisine Crafters charges you.

We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting on the Cuisine Crafter's website unless a different notice period is required by law. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

Promotions

Cuisine Crafters may from time to time offer users certain promotions, incentives, or credits ("Promotions") towards the purchase of Food Services and/or fees associated with use of the platform, and users may use such Promotions in accordance with their terms. Depending on the type of Promotion used, it may reduce the amount of taxes that apply to a Customer's order. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the user that they are sent to and may not be shared or redeemed with anyone else unless it is explicitly permitted by the terms of that Promotion. Chefs may also offer Promotions to their customers through the platform and are solely responsible for any costs associated with redemption of that Promotion.

Alcohol

In some locations, the sale and delivery of alcohol may be permitted through the Services. In such jurisdictions, the Chef must hold a valid liquor license that permits the sale of cocktails for delivery, and it is the responsibility of such Chef and any delivery provider they use to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish their Customers with alcohol. Chefs may require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If a Chef cannot verify a Customer's age or identity, if a Customer appears intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, the Customer is 25 years old but appears to be in the company of only 18 year olds), Chefs may refuse to furnish the Customer with alcohol. Alcohol cannot be left unattended (contactless delivery is not available for alcohol orders) — someone 21 or older must be present to accept and sign for it. If a Chef is unable to deliver your product for this or a similar reason, the Chef may still charge you for the order. If we believe that your order is fraudulent or unlawful, we may suspend your use of the Services.

7. DISPUTES BETWEEN USERS

If you find yourself in a dispute with another user concerning your use of the Service, we encourage you to contact the other user and try to resolve the dispute amicably. If a resolution cannot be reached, you may contact us at [email protected] We will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims.

However, you agree that Cuisine Crafters has no obligation to resolve any disputes. You agree to release Cuisine Crafters from any claims, demands, and damages arising out of disputes with other users or parties.

8. MESSAGING & Communication

Customers will be able to use Cuisine Crafters' messaging tool to communicate with Chefs with whom the Customer place Food Service orders with. This messaging tool is a great way for Customers and Chefs to coordinate the Food Service. However, this tool may not be used for the following activities:

  • Sending unsolicited advertising or promotions, requests for donations, or spam;
  • Harassing or abusing another member;
  • Contacting someone after they have explicitly asked you not to;
  • Interfering with a transaction or the business of another user; or
  • Taking any other action in violation of these Terms, including sending inappropriate Content (see section 17).

Your voluntary provision to Cuisine Crafters of your cell phone number represents your consent that Cuisine Crafters, a Chef (with which you engaged for Food Services), and/or a Customer (with which has hired you for Food Services), as applicable, may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Cuisine Crafters, you warrant that you are the current subscriber or authorized user of the relevant account. You may unsubscribe from receiving text messages from Cuisine Crafters at any time.

Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages.

9. TAXES

As a Chef, you understand and agree that you are solely responsible for the calculation and collection of all taxes and fees associated with any product or service that you sell on the Service. Chefs are solely responsible for collecting, reporting, and/or paying the correct amounts to the appropriate taxing authorities. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend Chefs consult an appropriate tax professional to review tax rates applied to any products or services they sell on the Service. Cuisine Crafters is not responsible for taxes not being correctly calculated on any orders placed on the Service.

10. LIMITATIONS ON USE OF THE SERVICE

You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, taking any of the following actions

  • accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, "flooding," "spamming," "mail bombing," "crashing," or undertaking similar activities; and
  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service.

Further, you agree not to take any of the following actions when using the Service:

  • modifying, making derivative works of, decompiling, reverse-engineering, disassembling, or otherwise convert any aspect of the Service;
  • licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Service;
  • accessing the Service in order to build a similar or competitive service;
  • accessing (or attempting to access) any part of the Service by means other than through the interface that is provided by us;
  • removing, obscuring or altering any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service; or
  • using the Service except as permitted by these Terms.

11. OWNERSHIP OF THE SERVICE

The Service contains important and proprietary property owned by us, including Software that constitutes our intellectual property and trade secrets. The technology and software underlying the Service or distributed in connection therewith are the property of Cuisine Crafters, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service. Any rights not expressly granted herein are reserved by Cuisine Crafters.

Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service ("Feedback"). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.

12. THIRD PARTY SITES AND SERVICES

Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that we do not have control over third parties and that such third parties are not agents of Cuisine Crafters. You acknowledge and agree that we make no representation or warranty about, do not endorse, and will not be liable for any third party's products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services. We hereby disclaim and you hereby discharge, waive, and release us and our licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

From time to time, we may allow you to register for the Service using third party services and otherwise enable various third-party services (e.g., delivery if permitted) to be directly integrated into your Cuisine Crafters experience. By directly integrating these services into the Service, we make your online experiences richer, easier, and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Cuisine Crafters' use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Cuisine Crafters shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Cuisine Crafters is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Cuisine Crafters is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. Cuisine Crafters enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

If you are a California resident,

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

13. UPDATES TO THE SERVICE

We may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Service ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.

14. INFORMATION YOU PROVIDE TO US

As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through your account. The information collected by us is detailed in our Privacy Policy . By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our Privacy Policy and in furtherance of providing the Service, and you represent and warrant that you own, or have the authority to distribute, the information.

Further, by using the Service, you agree that we may use this information, including your email address, to send you information regarding Updates to the Service, problems with the Service, and any other communications pertaining to the functionality of the Service.

15. INTELLECTUAL PROPERTY RIGHTS OF OTHERS

You may not upload, download, display, perform, transmit, or otherwise distribute any information or content (the "Content"), in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to us that you own, or have the right to use, all Content that you provide on or through the Service. If you do not respect a third party's intellectual property or proprietary rights, you are solely responsible for any violations of law. Further, you represent and warrant that:

  • the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
  • if the Content contains any human likeness from which an individual may be identified, you own or have acquired all rights to use such human likenesses;
  • if the Content contains third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under U.S. intellectual property laws;
  • the Content does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity; and
  • there is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder.

You are solely responsible for the Content that you upload or post to the Service or any material or information that you transmit to other users.

By posting any Content to any of the public areas of the Service that allows you to interact with other users, you hereby grant to Cuisine Crafters the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Service for purposes of sale and license. You grant Cuisine Crafters the right to use and display your Content in online advertisements, online videos, online newsletters, printed marketing materials, and TV commercials for the purpose of promoting Cuisine Crafters.

16. ACCOUNT DEACTIVATION

You may be able to deactivate your account through the Service. You can find more information on our practices related to storage of your information in our Privacy Policy .

Further, if you use the Service in a way that would expose us to liability, disrupt the Service of other users, or if you violate these Terms or our Privacy Policy, we reserve the right to terminate your user account without notice to you or take other action to prevent your access to our Services if we, in our sole discretion, deem that such action is necessary.

17. INAPPROPRIATE CONTENT

You shall not make inappropriate Content available on, or through, the Service, including, but not limited to:

  • libelous, defamatory, obscene, pornographic, abusive, or threatening Content;
  • Content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
  • advertise or otherwise solicits funds for goods or services.

If you post this type of inappropriate Content, or use the Service to transmit such Content, as determined in our sole discretion, we may remove such Content from our servers and terminate your account.

While we maintain a policy against the posting of inappropriate Content on the Service, you agree that we do not assume any responsibility for, and we will not be liable for, any inappropriate Content on the Service posted by another user.

18. DISCLAIMER OF WARRANTIES

GENERAL DISCLAIMERS

THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE." CUISINE CRAFTERS AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

CUISINE CRAFTERS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.

CUISINE CRAFTERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFOMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND CUISINE CRAFTERS IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.

CUISINE CRAFTERS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND CUISINE CRAFTERS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.

SPECFIC DISCLAIMER RELATING TO ANY FOODS PURCHASED ON THE SERVICE

YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR THOSE YOU ARE ORDERING FOR MAY HAVE AND FOR VERIFYING THE CONTENT OF THE FOOD SERVICE AND THEIR INGREDIENTS AND THE WAY IN WHICH THE FOOD SERVICES ARE PREPARED BEFORE HANDLING, USING OR CONSUMING SUCH FOOD SERVICE. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A CHEF MAY STORE AND USE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS).

CUISINE CRAFTERS IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLESS OR OTHER RESULTS OR DAMAGE CAUSED BY THE CONSUMPTION OF ANY FOOD SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY CHEF OR ANY FOODS PROVIDED AND ORDERED THROUGH THE SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABLITY IN CONNECTION WITH THE FOREGOING.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CUISINE CRAFTERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF CUISINE CRAFTERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CUISINE CRAFTERS' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100. CUISINE CRAFTERS DISCLAIMS ALL LIABILITY OF ANY KIND OF CUISINE CRAFTERS' LICENSORS AND SUPPLIERS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Cuisine Crafters, its directors, officers, and agents, as well as its licensors and suppliers from any damages, liabilities, claims or demands (including costs and attorneys' fees) made by any third party due to or arising out of

  1. your use of the Service,
  2. your violation of these Terms, or
  3. your violation of any law or the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

21. GOVERNING LAW

These Terms shall be governed by and construed and interpreted in accordance with the laws of the State of Florida to the exclusion of its conflict of laws provisions.

22. DISPUTE RESOLUTION

You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at [email protected]). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation, which shall take place in Tampa, Florida, and the costs of which shall be divided equally between you and Cuisine Crafters. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration, which shall take place in Tampa, Florida.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. In the event of any lawsuit for injunctive relief as provided in the previous sentence, or in the event that this arbitration provision is held to be invalid, you agree to the exclusive jurisdiction of the courts located in Tampa, Florida as the sole venue to litigate such lawsuit.

We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys' fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Cuisine Crafters, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

YOU AND CUISINE CRAFTERS EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.

23. TERM AND TERMINATION

These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms (including, without limitation, with respect to our intellectual property rights, limitation of liability, disclaimer of warranties, your indemnity obligations, and dispute resolution) shall survive the termination.

24. NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright and/or trademark infringement, please provide a notice (a "DMCA Notice") with the following information to Cuisine Crafters' Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
  2. A detailed description of the copyright work or trademark that you claim has been infringed;
  3. A description of precisely where the material that you claim is being infringed is located on the Service;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.
Cuisine Crafters
C/O Nove Markets Inc

ATTN: Copyright and Trademark Agent

2600 W Olive Ave., 5th Floor
Burbank, CA 91505

E-Mail: [email protected].

We may give notice to our users by means of a general notice on our Service, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright and Trademark Agent. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cuisine Crafters may be found, and that you will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Cuisine Crafters may terminate user accounts that have been the subject of five (5) separate DMCA notices. In the event a user's materials are removed due to a DMCA Notice and then subsequently restored due to the filing of a counter-notification, Cuisine Crafters will treat the underlying DMCA Notice as withdrawn. Cuisine Crafters reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA Notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding these Terms.

25. INDEPENDENT CONTRACTOR RELATIONSHIP

Users of the Service acting in the capacity of a Chef do so in their personal capacity as an independent business and independent contractor and seller of goods and not as an employee of Cuisine Crafters. As a Chef, you agree that:

  1. you are an independent business owner and not an employee of Cuisine Crafters;
  2. you shall be solely responsible for determining the means and manner of the work performed to create the goods you sell through the Service;
  3. these Terms do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and Cuisine Crafters, or you and a Customer;
  4. you will not represent yourself as an employee or agent of Cuisine Crafters to any Customer;
  5. you will not be entitled to any of the benefits that Cuisine Crafters may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and
  6. you are not eligible to recover contributor's compensation benefits in the event of injury. As a Chef, you will not engage a Customer in any way that may jeopardize your status as an independent business.

Cuisine Crafters does not control the behavior of users of the Service or the information or Content (defined below) provided by other users. As a result, Cuisine Crafters does not guarantee or endorse the legality, authenticity, quality, or safety of any Food Services, the truth or accuracy of any listings, or the ability of Chefs to sell Food Services or of Customers to buy Food Services. We cannot assure that all transactions will be completed. Additionally, Cuisine Crafters does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Cuisine Crafters reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Cuisine Crafters and its users from illegal or wrongful activities or other violations of these Terms.

26. SEVERABILITY AND WAIVER

If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

27. ASSIGNMENT

These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by us without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.

28. MODIFICATIONS TO THESE TERMS

We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.

29. HEADINGS USED IN THESE TERMS

The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

30. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Cuisine Crafters and govern your use of the Service, superseding any prior oral and written agreements between you and Cuisine Crafters with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third party software. Notwithstanding the foregoing in this Section 30, Chefs may be referred to the Service by a third-party channel partner or referral source of Cuisine Crafters and hereby agree and acknowledge that such third parties are not legally permitted to make any representations or warranties regarding the Services, and this agreement supersedes any prior oral and written agreements between the Chef and such third party with respect to the Service.