Terms and Conditions
Welcome to www.On Demand Chefs.com (the “Site”) operated by On Demand Chefs, Inc. (“On Demand Chefs” , “we”, “us” or “our”). We provide our visitors and members (collectively, “You”, “Your”, “Families”, “Individuals”, “Chefs”, “Chef”, “Client” or “Customer”, with or without capital letters) with a online platform designed to connect families or individuals looking for chefs, and chefs looking for families or individuals to provide their professional services. “Chef” and “Chefs" designate any person providing cooking services to Family and Individual, and does not necessarily refer to someone with a culinary degree, education, or formation.
On Demand Chefs is a Referral Agency.
For families or individuals:
On Demand Chefs is not the employer of the domestic worker (“Chef”) it refers to you. The domestic worker may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. On Demand Chefs does not hire or train the Chefs. For additional information contact your local Employment Development Department or the IRS.
For workers providing cooking services (“Chefs”)
On Demand Chefs is not your employer and your use of the Site as well as your acceptance of an assignment is at your discretion as an independent contractor or as an employee of the Family or Individual, depending on your working relationship with the Family or Individual. You are therefore responsible to comply with legal and insurance requirements in effect in the State where you provide service. On Demand Chefs is not responsible and cannot be held responsible for informing you of these laws and insurance requirements, and you will not hold On Demand Chefs responsible or sue On Demand Chefs if you violate these laws and insurance requirements.
1. RESOLUTION OF DISPUTES
In the event that a client complains about the quality of the services rendered, breakage, theft, or any other problem occurring in or on the premises where Chef rendered service, it is the sole
responsibility of Chef to resolve the matter directly with the Client, or the Client with the Chef, and not with On Demand Chefs. This policy has no exception and applies in all situations, including but not limited to when Chef operates at Client’s premises when Client is present or not. If any such complaints are received by On Demand Chefs, On Demand Chefs agrees to promptly inform Chef in order for Chef to be able to resolve the matter directly with the Client, or promptly inform the Client in order for the Client to be able to resolve the matter directly with the Chef. Chefs and Clients both release On Demand Chefs, its owners, officers, directors, employees and agents from any and all liability and/or damages claimed or incurred in relation to or as a result of Chef’s provision of services pursuant to this Agreement.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of On Demand Chefs or other entities. You are not authorized to use any such Marks.
3. RULES REGARDING INFORMATION AND OTHER CONTENT
When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which are called “Content.” Content includes information and materials posted to the Site or through the Services by You and other Members. You are entirely responsible for each individual item of Content that You post, email or otherwise make available on the Site or the Services. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
Violates the privacy, publicity, or other rights of third parties, including other Members; Violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising; Is discriminatory, false, or harmful in any way as determined by us in our sole discretion;
4. GENERAL RULES OF USER CONDUCT
It is our goal to make access to our Site and Services a good experience for Visitors and all of our Members. Correspondence between Members is for the sole purpose of connecting Individuals or Families who want home cooked meals, Chefs and other Members such as individuals or groups wanting to providing cooking services for purposes relating to a family or individual seeking home cooked meals. If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Site and Services. You may not use another Member’s personal information for any other purpose. You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services,
use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights; gives permission to On Demand Chefs to terminate your access to Site and to seek compensation for your breech of this Agreement.
The Site and certain basic Services of On Demand Chefs are free for Members. By using our Services, Individual or Family requesting a home cooked meal agrees to pay On Demand Chefs at the fees then in effect unless specifically notified otherwise. On Demand Chefs reserves the right, at any time, to modify its fees and/or billing methods. If Individual or Family requesting a home cooked meal uses our Services, then:
When a Individual or Family requesting a home cooked meal is ready to begin working with a Chef, the Individual or Family will provide at minimum the following information through the Site: (1) information regarding the type of services requested to be provided by the Chef (2) personal information and (3) credit card.
On Demand Chefs is not responsible for and will not reimburse any fees incurred by Chef or Family or Individual seeking service through Our platform from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by On Demand Chefs.
On Demand Chefs reserves the right to correct any errors in the payment of On Demand Chefs fees even if it has already requested and/or received payment. Family or Individual seeking home cooked meals will remain responsible for the On Demand Chefs fee and any other applicable fees in connection with any refund or chargeback of a Chef’s payment. On Demand Chefs may use third party payment processing services to process bank account information and ACH transfers. On Demand Chefs expressly disclaims any and all liability for any claims or damages related to On Demand Chefss use of third party payment processing services and ACH transfers, including without limitation any damage that may result should any such information be released to any third parties.
All payments related to services provided by a Chef to a Family or Individual seeking home cooked meals must be made through the payment channels provided or specified by On Demand Chefs. On Demand Chefs may use a trust account to transfer funds from a client to a Chef., On Demand Chefs may charge the credit card of the client prior to the service being
rendered, deposit funds to a trust account, and pay the Chef from this trust account. On Demand Chefs will charge a fee as a percentage of transaction volume from the client to the Chef.
6. TEXT MESSAGES
On Demand Chefs may send Members SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from On Demand Chefs is voluntary. By deciding to receive SMS text messages from On Demand Chefs, You give On Demand Chefs express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that On Demand Chefs does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from On Demand Chefs.
7. NO PROFESSIONAL ADVICE
All information, materials, content, recommendation, and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. On Demand Chefs expressly disclaims, and You expressly release On Demand Chefs from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. You should consult with an appropriately trained specialist for all concerns that require professional,medical, or nutritional advice.
8. DISCLAIMER OF WARRANTIES
You expressly agree that your use of the Site and/or services is at your sole risk. Both the Site and services are provided by On Demand Chefs on an “as is” and “as available” basis. On Demand Chefs expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. On Demand Chefs makes no warranty that the Site and/or services will meet your requirements, or that the Site and/or services will be uninterrupted, timely, secure, or error free; nor does On Demand Chefs make any warranty as to the results that may be obtained from the use of the Site or services, or that defects in the Site or services will be corrected.
9. LIMITATION OF LIABILITY
You acknowledge and agree that On Demand Chefs is only providing access to the Site and providing the services if you agree to all the limitations and restrictions of this Agreement, and to the limitations of On Demand Chefs’ liability to you and to any third parties. You understand that to the extent permitted under applicable law, in no event will On Demand Chefs or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, theft, damage to premises, damage or loss of personal property or personal items, damage or loss of personal valuables, physical injuries, profits,
goodwill, use, data, lost real estate opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. On Demand Chefs will not be liable for any damages arising from the transactions between you and third party merchants, third party person, or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our site. In no event will On Demand Chefs be liable to you or to any third party in connection with any act or omission of any member. If you are dissatisfied with any portion of this Site or the services, your sole and exclusive remedy is to discontinue use of the Site and the services.
As Client having a Chef cook at your premise, you understand that it is your sole and entire responsibility and choice to let the Chef enter your premises, including but not limited to your house or apartment, and that you are entirely responsible for all liability claims related to the service provided, arising either during the time the Chef is cooking at your premise or any time afterwards, whether you are at your premise during the time the service is provided or not. You agree not to hold On Demand Chefs liable for any accident, incident, discomfort, or any other event that occurs on your premises or any event that occurs after the service has been provided.
As workers and Chefs, you understand that accepting an assignment with On Demand Chefs is your own decision and entire responsibility, that you accept to enter into a third party’s premises for the sole purpose of providing home-cooked meals, and that at no time you will held On Demand Chefs liable for anything that happens before, during, or after the assignment that you have accepted.
10. NO THIRD PARTY BENEFICIARIES
You understand and agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
11. NO AFFILIATION
You acknowledge that You are not legally affiliated with On Demand Chefs in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Your use of the Site or Services or by this Agreement.
12. GENERAL TERMS
13. NOTICE: CONTACT INFORMATION
15. GENERAL GUIDELINES OF USING On Demand Chefs
A client may cancel services with a Chef at any time. Clients have 10 days to dispute any billing discrepancies. Clients being verbally or physically abusive to independent domestic workers may be removed from the On Demand Chefs platform. Chefs being verbally or physically abusive to clients may be removed from the On Demand Chefs platform. On Demand Chefs reserves the right at all times to remove Chefs or individuals/ families from our platform. On Demand Chefs does not provide paper invoices as it is a “Green” company. Clients will receive by email receipts and billing information. You must have a valid email address to use On Demand Chefs. You understand that all calls to and from On Demand Chefs may be recorded for quality purposes. Any unsettled payments may result in cancellation of services and third- party collections efforts. On Demand Chefs charges clients and pays Chefs for hours worked only. On Demand Chefs is not responsible for any fuel costs, meals, tips, holiday bonuses or other expenses to be handled directly between Client and Chef. On Demand Chefs, as a domestic referral agency, is not responsible for ongoing schedules and training of Chefs you hire through its platform; this is the responsibility of client, workers and / or facility requesting the placement. Working with any independent Chef off the On Demand Chefs platform without providing On Demand Chefs a fee will result in client removal from the platform.