terms-and-conditions
These terms and conditions constitute a legally binding agreement (the “Agreement”) between you and ChefsRHere, LLC, as well as its representatives, affiliates, officers, directors, successors, and assigns (collectively, “ChefsRHere” or “us”), governing your use of ChefsRHere’s website or digital marketplace platform (“the ChefsRHere Site”) and any related content or services, including (but not limited to) mobile and/or web-based applications (“Applications” or the “ChefsRHere App,” and together with the ChefsRHere Site, the “Services”). Throughout this Agreement, you will be referred to as “you” or as a “Visitor,” or as applicable, as a “User” or “Purchaser.” These terms apply to you if you use any of the ChefsRHere Services.
These terms and conditions are divided into four sections, any or all of which may apply to you. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect its terms.
GENERAL TERMS AND CONDITIONS
PURCHASE TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS
PRIVACY POLICY
General Terms and Conditions
In exchange for ChefsRHere allowing you to use or visit the ChefsRHere Site, for giving you the opportunity to create a profile with information about yourself within the ChefsRHere Site (“Profile”), and/or for allowing you to purchase or use ChefsRHere’s Services, you are agreeing to this Agreement. You are acknowledging that your decision to use the ChefsRHere Site and Services and agree to this Agreement is completely voluntary and for adequate consideration.
PLEASE BE ADVISED THAT PROVISIONS IN THIS AGREEMENT GOVERN HOW CLAIMS YOU AND CHEFSRHERE HAVE AGAINST EACH OTHER CAN BE BROUGHT, INCLUDING PROVISIONS REQUIRING YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE CHEFSRHERE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. THIS AGREEMENT ALSO CONTAINS PROVISIONS BY WHICH YOU WAIVE SUBSTANTIAL RIGHTS TO POTENTIAL REMEDIES AND BY WHICH YOU AGREE TO HOLD CHEFSRHERE HARMLESS AGAINST CERTAIN CLAIMS. IF YOU DO NOT WISH TO AGREE TO THESE PROVISIONS AND THIS AGREEMENT IN ITS ENTIRETY, DO NOT INDICATE THAT YOU AGREE TO THESE TERMS AND DO NOT USE THE CHEFSRHERE SITE OR SERVICES OR MAKE A PURCHASE FROM CHEFSRHERE.
ChefsRHere may update these terms and conditions of this Agreement (the “Terms”), at its discretion, from time to time. ChefsRHere will post the most recent Terms on the ChefsRHere Site at www.chefsRhere.com, and the most recent Terms posted shall govern and constitute your Agreement with ChefsRHere. Each time you use or open the ChefsRHere Site or Purchase a ChefsRHere order, you are agreeing to the most recent version of these Terms. Please be advised that you have the responsibility to continue to check the ChefsRHere Site to read and understand the Terms of this Agreement. ChefsRHere may, but does not need to, notify you that it has updated and revised these Terms. You may also obtain the most recent Terms of this Agreement on request by email to support@chefsRhere.com; the Subject Line of such email must read “Request for ChefsRHere Terms and Conditions.”
Purchase Terms and Conditions
These Purchase Terms and Conditions set forth the terms and conditions pursuant to which you may buy, purchase, or use (“Purchase” via an “Order”)) any products or Services offered on or through the ChefsRHere Site or sold by ChefsRHere (including but not limited to any and all prepared food, food items, menu items, and restaurant deliverables that may be available on or through the ChefsRHere Site or using the Services (“The Food.”) .
PLEASE KEEP IN MIND THESE IMPORTANT MATTERS:
• CHEFSRHERE DELIVERS OR SHIPS THE FOOD. ALL THE FOOD HAS BEEN SOURCED FROM AND PROVIDED BY THIRD PARTIES. CHEFSRHERE IS NOT RESPONSIBLE FOR THE FOOD, ITS QUALITY OR ITS SAFETY. THE FOOD AND THE SERVICES ARE PROVIDED AND SOLD “AS IS” AND ALL SALES ARE FINAL AND ALL PAYMENTS ARE NON-REFUNDABLE. CHEFSRHERE DOES NOT PROVIDE WARRANTIES OR GUARANTEE THE QUALITY OF ANY OF THE FOOD. CHEFSRHERE IS ALSO MAKING NO CLAIMS, AND DISCLAIMS ANY REPRESENTATIONS, REGARDING THE HEALTH EFFECTS OF THE FOOD. CONSEQUENTLY, CHEFSRHERE SHALL NOT BE UNDER, AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY TO PURCHASER FOR, ANY LIABILITY WHATSOEVER, FOR ANY CAUSE (INCLUDING OUR OWN FAULT OR NEGLIGENCE) OR IN RESPECT OF ALLEGED WARRANTIES, DEFECTS, DELAYS, SAFETY, AVAILABILITY OR CONSEQUENTIAL DAMAGES, AMONG OTHERS. CHEFSRHERE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(The foregoing includes a summary of certain provisions in these Purchase Terms and Conditions; please also see the full text of these Terms and Conditions.)
The information in the Purchase Order form (the “Purchase Form”) shall be and form an integral part of these Purchase Terms and Conditions. These Purchase Terms and Conditions, and your Agreement with ChefsRHere, incorporate and include the General Terms and Conditions, the Website Terms and Conditions, and the ChefsRHere Privacy Policy, as well as any other terms or conditions located on this URL and/or at www.chefsRhere.com and may be similarly revised by ChefsRHere with or without notice. In event of a conflict between these Purchase Terms and Conditions and any other part of your agreement with ChefsRHere, these Purchase Terms and Conditions shall control.
You acknowledge that ChefsRHere has no obligation to enter into this Agreement, that ChefsRHere reserves the right to restrict any Purchaser’s Purchase and any person’s ability to obtain ChefsRHere, at its sole discretion, and that ChefsRHere may terminate or revise this Agreement without prior notice.
DEFINITIONS
In these Purchase Terms and Conditions, unless otherwise stated explicitly and in addition to other terms defined throughout this Agreement, the following definitions shall apply:
"Force Majeure" means circumstances beyond the relevant party’s control, including acts of God, war, civil unrest, terrorist attack, strike, governmentally declared pandemic, lock-out or other industrial action, and transport, supply-chain or computer failure including any failure or breakdown of related systems upon which the Purchase or the production of ChefsRHere is dependent;
“IPR” means any and all intellectual property rights including copyright, moral rights, database rights, know-how, and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world;
"Purchase Period" means the period specified as such in the Purchase Form, if any;
"Password" means the unique characters used, if any, to obtain access to portions of the ChefsRHere Site;
"Delivery Date" means the estimated date of delivery for the ChefsRHere order being Purchased, as stated in the Purchase Form;
"Purchaser" means the party detailed as such in the Purchase Form; and
"Purchase Fee" means the price of each ChefsRHere order specified in the Purchase Form, as amended from time to time in accordance with this Agreement.
PAYMENT OF FEES
Contemporaneously with you placing an order for Food or using the Services, ChefsRHere will calculate and assess the Purchase Fee due for the same and charge that amount to the means of payment that you provide. ChefsRHere reserves the right to also subsequently charge Purchaser’s means of payment, pursuant to ChefsRHere’s usual pricing, with or without advance notice, to correct errors or account for additional purchases or costs.
To the greatest extent permitted by New York law, all ChefsRHere sales are final and “as is”; and all Purchase Fees are non-refundable, in whole or in part, regardless of whether or when this Agreement is terminated.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all Purchases. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
The amounts payable by Purchaser under this Agreement are exclusive of all sales tax or other similar tax which (if applicable) shall also be paid by Purchaser. Purchaser shall pay all amounts payable by it under this Agreement free and clear of all deductions or withholdings unless the law requires a deduction or withholding. If a deduction or withholding is required by law, Purchaser shall pay (and ChefsRHere may charge to Purchaser’s means of payment) such additional amount as will ensure that the net amount ChefsRHere receives (after account is taken of any such deduction or withholding in respect of the additional amount) equals the full amount which it would have received had the deduction or withholding not been required. ChefsRHere shall comply with all reasonable requests from Purchaser to file, or to provide Purchaser with, such forms, statements or certificates as shall enable ChefsRHere or Purchaser to claim a reduced rate of tax or exemption.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (possibly including credit card information), may be transferred unencrypted and involve (a) payment processing by a third party over whom ChefsRHere has no control and bears no responsibility; (b) transmissions over various networks; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.
LICENSE AND INTELLECTUAL PROPERTY RIGHTS
ChefsRHere grants to Purchaser a limited, revocable, transferable, non-assignable, non-sublicense-able and non-exclusive license to access and use the IPR contained in, represented by or associated with the ChefsRHere Site and the Services. ChefsRHere order being Purchased (collectively, “the IPR”) for Purchaser’s personal use only on the terms of and for the duration of this Agreement. Purchaser shall not resell the Food nor purchase the Food for resale.
All IPR subsisting in or used in connection with the Services and the Food are and shall remain the sole property of ChefsRHere or its licensors. Purchaser is not authorized or licensed to, and shall not, produce, manufacture, sell or design similar goods, services or any other derivative works based on ChefsRHere’s IPR. All present and future rights in and title to such IPR are solely and exclusively reserved to ChefsRHere.
We reserve the right, but are not obligated, to limit the Purchases of any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services or the Food that we offer. All descriptions of Services or the Food or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service or Food at any time. Any offer for any product made on this site is void where prohibited.
CHEFSRHERE’S DUTIES
ChefsRHere is not engaged in the manufacturing, processing, packing, or holding of food for human or animal consumption in the United States. By using the Service, you agree that ChefsRHere is not subject to the Sanitary Transportation Rule, 21 C.F.R. § 1.900 et seq.
ChefsRHere represents and warrants only that it will deliver the Food in a good and workmanlike manner. Be aware that due to the nature of ChefsRHere’s services and a Purchase, even if an error or mistake appears in a ChefsRHere Order or on the ChefsRHere Site, regardless of its origin or the extent of ChefsRHere’s culpability or negligence therefore, your Purchase Fee is nonrefundable to the greatest extent permitted by law. Your sole remedy and ChefsRHere’s sole liability will be that ChefsRHere, when reasonably practicable and in ChefsRHere’s complete disrection,ChefsRHere, may use reasonable efforts to either replace the Purchased Food ChefsRHere order or provide a refund of the Purchase Fee .
We have made every effort to display as accurately as possible the colors and images of the Food and Services. We cannot guarantee that your computer monitor's display of any color will be accurate.
CHEFSRHERE IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT YOU OR YOUR ORDER. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CHEFSRHERE IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY CHEFSRHERE TO FACILITATE YOUR RECEIPT OF THIRD-PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD-PARTY PROVIDER.
You understand and agree that ChefsRHere provides the Services to connect you with independent Merchants that provide the products and services offered through the Services. Merchants are the retailers of the Food, products or services offered through the Services. ChefsRHere provides the Services to facilitate the transmission of Orders by Users to Merchants. ChefsRHere will not assess or guarantee the suitability, legality, or ability of any Merchant. You agree that ChefsRHere is not responsible for the Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by the Merchants and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. ChefsRHere has no responsibility or liability for acts or omissions by any Merchant or contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Merchant will be directed by your instructions to transport the products to your designated delivery location.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.
PURCHASER’S DUTIES
Purchaser is responsible for obtaining, procuring, and maintaining all hardware, software, intranets and or networks necessary for accessing the ChefsRHere Site. Purchaser also agrees to employ computer anti-virus software of a type comparable to current industry standards on all computer systems that access the ChefsRHere Site .
Purchaser represents and warrants to us (i) that if you are a corporate entity, you are a duly incorporated entity in good standing under the laws of your jurisdiction of incorporation; (ii) all information provided by you in the Purchase Form is in all respects complete, truthful, and accurate; and (iii) that you are responsible for all your acts and omissions.
Purchaser represents and warrants that it shall at all times:
• Only use the Services, the Food and any ChefsRHere order for personal purposes;
• Not allow anyone under the age of 18 to use or access the ChefsRHere Site, or purchase an order or the Food.
• Take personal responsibility to assess the quality, safety and preservation of the Food when received and to maintain the quality and safety of the Food at all times before the Food is consumed. (For example, and not by way of limitation, you must assess whether food that should be refrigerated or frozen is still in that state when you receive it, and you must keep the Food that cold – IF THE FOOD IS NOT COLD WHEN YOU RECEIVE IT, DON’T EAT IT! In any event, consume all Food within 3 days of receiving it.
• Be wholly responsible for the use and safety of any ChefsRHere order and its means of delivery or shipment, and all damages, injuries, or costs arising therefrom;
• Fully insure Purchaser’s own risks arising from the use and possession of the ChefsRHere Site, including but not limited to the risk of loss in shipping and transport;
• Not copy the ChefsRHere order or part thereof or transfer, sell, loan, rent, lease or assign any IPR;
• Not duplicate, modify or distribute, reverse engineer, create derivative works of, decompile, disassemble, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, transfer, loan, rent, lease, assign or adapt any portion of the IPR, nor merge or incorporate it with any other software nor permit any third party to do so, except solely to the extent permitted by applicable law;
• Maintain all security measures as may be reasonably required to prevent unauthorized access copying of the Purchase and IPR;
• Not in any circumstances use, nor allow any third party to use, any automated software, process, program, robot, web crawler, spider, data mining, trawling, “screen scraping” or other similar software (regardless of whether or not the resulting information would then be used for its internal purposes) regarding the ChefsRHere Site; and
• Comply with all Website Terms and Conditions; to the extent of any conflict, the provision most protective of ChefsRHere’s property and rights shall govern;
• Promptly upon becoming aware of any breach of this provision notify ChefsRHere thereof.
Purchaser shall immediately notify ChefsRHere of any attempt of which Purchaser has knowledge by any person or entity: (1) to use, distribute, sell, sublicense or disclose any part of the Purchase or IPR without authorization of ChefsRHere or (2) to make an unauthorized copy or modification of, reverse assemble, reverse compile or to otherwise reverse engineer any part of the Purchase or IPR.
Purchaser shall immediately notify ChefsRHere upon learning of any potential infringement or misappropriation by third parties of any of Confidential Information or IPR of ChefsRHere. ChefsRHere shall have the sole right and discretion to institute and conduct any legal action against, and/or settlement with, any and all actual or potential third-party infringers or misappropriators of Confidential Information or IPR of ChefsRHere and Purchaser will cooperate with ChefsRHere, at ChefsRHere’s expense, in connection with any action taken by ChefsRHere against such actual or potential infringers or misappropriators. ChefsRHere shall have no obligation to Purchaser to institute suit against any particular infringer or misappropriator. Purchaser agrees that any infringement or misappropriation of IPR or Confidential Information of ChefsRHere will cause ChefsRHere irreparable injury and Purchaser will not contest preliminary or permanent injunctive relief in this case. Any recovery of damages or attorney fees will belong to ChefsRHere.
Purchaser agrees to indemnify, defend and hold harmless ChefsRHere, ChefsRHere’s licensors, and its or their respective officers, directors, employees, reporters, contributors, researchers, affiliates, subsidiaries, agents, successors and assigns, from and against any and all claims, suits, actions, demands, or proceedings and all damages, losses, costs, expenses or settlement fees incurred in connection with any of the foregoing (including reasonable attorneys’ fees and costs), arising out of or relating to (i) the breach of or default by Purchaser under any representations or warranties contained in this Agreement; (ii) non-compliance by with laws, statutes, rules, regulations, directives, or guidance of governmental or self-regulatory bodies anywhere in the world; (iii) claims or actions related to the quality, content, safety, preparation or packaging of the Food; or (iv) the infringement, misappropriation or other violation of copyrights, trademarks, trade secrets, rights of privacy or publicity or other IPR that may arise from or relate to the Purchase.
Purchaser acknowledges and accepts as reasonable that the undertakings given in the Purchase Terms and Conditions are of material importance to ChefsRHere and that ChefsRHere has entered into this Agreement in reliance on these undertakings. Purchaser acknowledges that ChefsRHere’s services have been developed by ChefsRHere through substantial amounts of work, time, and expense. Accordingly, Purchaser acknowledges that without affecting any rights or remedies that ChefsRHere may have, damages would not be an adequate remedy for any breach by Purchaser of the Purchase Terms and Conditions and that ChefsRHere shall be entitled to the remedies of injunction, specific performance, and other equitable relief for any threatened or actual breach of Purchase Terms and Conditions, and that no proof of special damages shall be necessary for the enforcement of this clause.
Termination for any reason shall not relieve Purchaser of its obligations to make any payments due to ChefsRHere which are outstanding as of the date of termination. Termination shall not affect any accrued rights of either party existing as of the date of termination. Notwithstanding the termination of Purchaser’s Purchase for any reason, all other provisions of this Agreement shall remain in full force and effect, including but not limited to the General Terms and Conditions, Website Terms and Conditions, and Privacy Policy.
LIABILITY
Without limitation to provisions limiting ChefsRHere’s liability within the Website Terms and Conditions:
• ChefsRHere and its agents package, ship or deliver the Food and ChefsRHere Orders in good faith; however, Purchaser acknowledges that ChefsRHere does not guarantee the quality or safety of the Food or any Order. Consequently, ChefsRHere shall not be under, and excludes to the fullest extent permitted by law: (a) all liability for or any liability whatsoever, for any cause (including our own fault or negligence) or in respect of defects, delays, safety, quality, availability or consequential damages, among others; (b) delays in providing the ChefsRHere Order or the Food or non-availability thereof; or (c) Purchaser’s loss of profit, business revenue, goodwill and anticipated savings and other consequential and special damages. PURCHASER IS WHOLLY RESPONSIBLE FOR THE SAFETY OF AND/OR HAZARDS ARISING FROM THE USE OF SERVICES.
• You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
Notwithstanding any other provision of this Agreement, neither party excludes or limits liability to the extent that the same may not be excluded or limited under governing law.
Purchaser and Users shall not remove, obscure, or deface any proprietary legend relating to IPR or ChefsRHere’s rights on or from any tangible embodiment of the Purchase. If Purchaser is permitted to make any copies of the Purchase in whole or in part, Purchaser shall mark all such copies with ChefsRHere’s proprietary legends.
GENERAL
ChefsRHere shall not be under any liability to any other party for any breach of this Agreement that arises by reason of Force Majeure.
Purchaser acknowledges that it is liable for the acts of Purchaser and representations made by Purchaser upon which ChefsRHere relies in providing goods or services under this Agreement. Purchaser is responsible and wholly liable for Purchaser’s compliance with all applicable law.
This Agreement is binding upon and shall inure to the benefit of the respective permitted successors and/or assigns of the parties hereto.
ChefsRHere may identify Purchaser as a Purchaser in its marketing and other public communications and may use generally available versions of Purchaser’s trademarks and logos for such purposes. Otherwise, each party shall refrain from using the other party’s brand, trademarks, logos, slogans, names or other indicia or identity for purposes of marketing and promoting its own products, unless otherwise permitted in a separate agreement. (ChefsRHere may also use certain data from and regarding Purchaser for its own marketing and advertising and share that data with third parties for their marketing and advertising purposes, as provided in ChefsRHere’s Privacy Policy.)
Website Terms and Conditions
PURPOSE AND INTENT
The ChefsRHere Site is intended to allow Visitors to obtain information about ChefsRHere and its Services, obtain the Food or Services, and/or complete a Profile and submit that Profile to ChefsRHere. ChefsRHere may, in its complete discretion, use the information in each Visitor’s Profile for the purposes contemplated herein, and ChefsRHere and its permitted third parties may also communicate with you for promotional and marketing purposes.
Visitor acknowledges and agrees that he/she is primarily responsible for his/her own safety and shares responsibility for the safety of other Visitors. In consideration for ChefsRHere allowing Visitor to use the ChefsRHere Site, Visitor to the greatest extent permitted under law assumes all risk of such participation and hereby releases ChefsRHere and all its directors, officers, employees and agents from any and all claims for any injury of any kind to Visitor or other damages that may occur as a result of the Visitor’s use of the ChefsRHere Site, or use or consumption of any ChefsRHere order or the Food, including without limitation any personal injuries or other damages that may be caused by the negligence of ChefsRHere or negligence of any ChefsRHere director, officer, employee, or agent (including without limitation negligently failing to adequately investigate or screen personnel), and agrees not to file any lawsuit or otherwise make any claim against ChefsRHere or any ChefsRHere director, officer, employee or agent for any such injury or other damages.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
INFORMATIONAL SITE
It is the inherent and intended nature of ChefsRHere and the ChefsRHere Site to provide information and opinion, any of which may be and likely are based on incomplete information, developing or changing information or circumstances, third-party sources who may or may not be acting in good faith. You acknowledge this nature; indeed, you acknowledge that part of the value you receive from ChefsRHere and the ChefsRHere Site is that we may provide such information.
THEREFORE, YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION AS A VISITOR AND YOUR USE OF THE CHEFSRHERE SITE IS AT YOUR OWN RISK. THE CHEFSRHERE SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY, PROMISE OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CHEFSRHERE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE CHEFSRHERE SITE, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, PURCHASE OR SUBSCRIPTIONS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE CHEFSRHERE SITE, AND/OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Neither ChefsRHere nor the ChefsRHere Site provide legal, financial, accounting, professional, investment or other expert advice. You expressly agree that ChefsRHere is not your fiduciary and owes you no fiduciary, expert, professional or heightened duty.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We do not warrant that your use of the ChefsRHere Site will be accurate, reliable, secure, uninterrupted, always available, or error-free, that any defects in the ChefsRHere Site will be corrected, or that the ChefsRHere Site is free of viruses or other harmful components. ChefsRHere is not responsible for the conduct, whether online or offline, of any Visitor or other user of the ChefsRHere Site. You are solely responsible for your interactions with other Visitors and users of the ChefsRHere Site. By using the ChefsRHere Site, you agree to assume such risks.
OWNERSHIP, INTELLECTUAL PROPERTY, AND CONTENT
ChefsRHere, the name “ChefsRHere,” and all of ChefsRHere’s related content, tangible expressions, trade names, trademarks, moral rights, inventions, discovery, IPR and any other form of intellectual property of any kind, generated by ChefsRHere or by your use of the ChefsRHere Site, in the past or future and in any medium, are the property of ChefsRHere. By this Agreement, ChefsRHere grants you only a limited license within the United States to use the ChefsRHere Site only as a Visitor consistent with and limited by the Terms of this Agreement. You may not assign, sublicense, or hypothecate this license.
Such license, and your right to use the ChefsRHere Site, may be terminated by ChefsRHere in its complete discretion at any time; and shall automatically and immediately terminate upon your breach of this Agreement or upon the termination of this Agreement for any reason. Upon the termination of this license, you shall retain no rights of any kind to use the ChefsRHere Site or any ChefsRHere intellectual property.
By using the ChefsRHere Site and by being a Visitor, you agree that any feedback, comments, or information, anywhere, about your experience on the ChefsRHere Site or your use and enjoyment of ChefsRHere products (“Feedback”) that you provide will become the property of ChefsRHere and you agree that ChefsRHere may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.
Opinions, advice, reviews, statements, offers, or other information or content concerning ChefsRHere, events, the ChefsRHere Site, Visitors or made available through the ChefsRHere Site, but not directly by ChefsRHere, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from, or from your reliance on, information or other content posted on the ChefsRHere Site or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the ChefsRHere Site and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or harassing, or that might violate the rights, harm, or threaten the safety of Visitors or others.
Except as expressly permitted by this Agreement, Purchaser and its users shall not copy, duplicate, distribute, reverse-engineer, reverse-compile, disassemble, record, modify, or otherwise reproduce any part of the IPR, nor attempt to do any of the foregoing, without obtaining prior written approval of ChefsRHere. Purchaser acknowledges that (1) the IPR and any modifications, compilations, or derivative works, whether in tangible or intangible form, and (2) any embodiments of the IPR that may be generated by Purchaser or others whether pursuant to or in violation of this Agreement are deemed to be the sole and exclusive property of ChefsRHere. Subject to the limited license granted to Purchaser by ChefsRHere under this Agreement, ChefsRHere reserves all of its right, title, and interest in the IPR and any and all patent rights, copyrights, trademarks, trade secrets, and all other IPR inherent in or in connection with ChefsRHere and the ChefsRHere Site. This Agreement is non-exclusive and ChefsRHere may enter into similar agreements with other individuals or entities at its sole discretion.
ChefsRHere retains exclusive editorial control over the ChefsRHere Site and ChefsRHere and may make administrative, editorial, artistic, or operational decisions it deems necessary or helpful in the normal course of business.
VISITOR REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that, regarding your use of the ChefsRHere Site and your participation in any event, that:
• You are age 18 or older and fully and legally capable of understanding and agreeing to these Terms;
• You voluntarily and knowingly assume and accept any and all risks associated with your use of the ChefsRHere Site;
• You will indemnify, defend and hold harmless ChefsRHere from and against any and all losses, costs or damages, including attorney fees, directly or indirectly arising from or related to (a) your use of the ChefsRHere Site or a Purchase, and (b) any breach by you of this Agreement.
RESTRICTED ACTIVITIES
With respect to your use of the ChefsRHere Site, you agree, represent and warrant that you will not:
• impersonate any person or entity, or create or use any “fake” account, or create a Profile with inaccurate, untruthful or fictitious information about you or any other purported person;
• violate any applicable law, statute, rule, permit, ordinance, regulation, or rule of an event or any applicable Code of Conduct;
• interfere with or disrupt the ChefsRHere Site, or the operations of ChefsRHere;
• post information or interact on the ChefsRHere Site, or use the ChefsRHere Site, in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
• use the ChefsRHere Site in any way that infringes on ChefsRHere’s or any third party’s rights, including: IPR, copyright, patent, trademark, trade secret, confidentiality or other proprietary rights or rights of publicity or privacy;
• post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information;
• “frame” or “mirror” any part of the ChefsRHere Site, without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ChefsRHere Site, ChefsRHere’s IPR or any software used on or for the ChefsRHere Site;
• rent, lease, lend, sell, redistribute, infringe, license, or sublicense the ChefsRHere Site or access to any portion of the ChefsRHere Site or any other ChefsRHere intellectual property;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation, of the ChefsRHere Site or its contents;
• transfer or sell your Visitor account, password and/or identification to any other party;
• discriminate against, taunt or insult, bully or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or any category or distinction protected by applicable law; or
• cause any third party to engage in the restricted activities above.
DISPUTES
To the extent permitted by applicable law, you must give Notice of any dispute or Claim against ChefsRHere at least 90 days before pursuing or filing any other remedy in law or equity. “Notice” by you, for purposes of this Agreement, means a writing delivered to ChefsRHere by certified mail, including the claimant’s name, address, daytime telephone number, email address, and a reasonably complete statement of the nature of and grounds for the Claim. Such complete and timely notice is a condition precedent to your right to pursue any remedy or Claim against ChefsRHere. Any Notices to you shall be provided to you through the ChefsRHere Site or given to you via the email address or by regular mail to the physical address you provide to ChefsRHere during the registration process.
ARBITRATION AGREEMENT
YOU AND CHEFSRHERE MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after this Agreement terminates or your relationship with ChefsRHere ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and ChefsRHere, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND CHEFSRHERE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the ChefsRHere Site, ChefsRHere, any other goods or services made available through the ChefsRHere Site, a Purchase, your relationship with ChefsRHere, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by ChefsRHere, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by ChefsRHere and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND CHEFSRHERE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Arbitrations shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration shall be governed by the laws of the State of New York. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
YOU UNDERSTAND AND AGREE THAT YOU AND CHEFSRHERE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND CHEFSRHERE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST CHEFSRHERE, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHEFSRHERE, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CONTRIBUTORS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, DAMAGE FOR EXPOSURE OF PERSONAL OR IDENTIFYING INFORMATION, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CHEFSRHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, CHEFSRHERE’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’, CONTRIBUTORS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that ChefsRHere has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
OTHER TERMS
These Terms, and this Agreement, incorporates, and includes the ChefsRHere Privacy Policy, located below and/or at www.chefsRhere.com. Your agreement to these Terms incorporates your agreement and consent to that Privacy Policy.
We agree and deem that all performance by ChefsRHere under this Agreement occurs in the United States. If you are not located in the United States, or transfer your data through another country, you are not permitted to use the ChefsRHere Site.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. ChefsRHere may assign this Agreement, in whole or in part, in its discretion. Visitor shall not assign any of its rights, obligations or benefits under this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and ChefsRHere with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Privacy Policy
Version date: MARCH 15, 2023
ChefsRHere, LLC ("us", "we", “ChefsRHere” or "our") operates the ChefsRHere website at www.chefsRhere.com (the “the ChefsRHere Site”).
This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use the ChefsRHere Site and the choices you have associated with that data. This Privacy Policy is also part of, and incorporated in, your agreement to the Terms and Conditions of the ChefsRHere Site, and may be similarly revised by ChefsRHere.
We use your data to provide and improve the ChefsRHere Site, and for ChefsRHere’s marketing, business, and promotional purposes. By using the ChefsRHere Site, you agree to the collection and use of information in accordance with this Policy. Unless only defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.chefsRhere.com
Definitions
• Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). This includes personally identifiable information that can be used to contact or identify you.
• Usage Data is data collected automatically either generated by the use of the ChefsRHere Site or from the infrastructure and operation of the ChefsRHere Site itself (for example, the duration of a page visit).
• Cookies are small files stored on your device (computer or mobile device).
Information Collection and Use
We limit the amount of information we gather and store about Visitors, but we do collect several different types of information for various purposes to provide and improve the ChefsRHere Site to you. We may also use that information for ChefsRHere’s marketing and promotional purposes, to deliver advertising, marketing, and promotional information to you about ChefsRHere or third parties, and from time to time, otherwise, for the marketing and promotional purposes of those third parties we permit, in our complete discretion.
Types of Data Collected
• Personal Data
While using the ChefsRHere Site, we may ask you to provide us with certain Personal Data which may include, but is not limited to:
• Email address
• First name and last name
• Geographic location
• Site experience and preferences
• Physical addresses for shipping and billing
• Payment information
• Cookies and Usage Data
Among other uses, ChefsRHere may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.
• Usage Data
We may also collect information on how the ChefsRHere Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the ChefsRHere Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
• Location Data
We may use and store information about your location ("Location Data"). We use this data to provide features of the ChefsRHere Site, and to improve and customize the ChefsRHere Site.
You can enable or disable location services when you use the ChefsRHere Site at any time by way of your device settings.
• Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on the ChefsRHere Site and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze the ChefsRHere Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions or features of the ChefsRHere Site.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate the ChefsRHere Site.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
Use of Data
ChefsRHere and the ChefsRHere Site use the collected data for various purposes:
• To provide and maintain the ChefsRHere Site
• To notify you about changes to the ChefsRHere Site
• To allow you to participate in interactive features of the ChefsRHere Site when you choose to do so
• To make recommendations to you and otherwise communicate with you about the ChefsRHere Site, events, ChefsRHere and other ChefsRHere goods and services;
• To provide customer support
• To gather analysis or valuable information so that we can improve the ChefsRHere Site
• To monitor the usage of the ChefsRHere Site
• To detect, prevent and address technical issues or misuse
• From time to time, to allow third-parties to provide you with advertising, special offers and general information about goods, services and events
• To provide you with news, special offers and general information about other goods, services and events which we or third parties offer that may be similar to those that you have already purchased or inquired about unless you have opted not to receive such information
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Therefore, if you are not located in the United States, or transfer your data through another country, you are not permitted to use the ChefsRHere Site.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
ChefsRHere, LLC will take steps that are both reasonably necessary and commercially reasonable (consistent with the nature of the ChefsRHere Site) to: treat your data securely and in accordance with this Privacy Policy.
You are responsible for the use of your User account and ChefsRHere expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the ChefsRHere Site (including any Profile information you provide), send to other Users, or share during events, and to use such information to harass or harm you. We are not responsible for the use of any Personal Data that you disclose to other Visitors or users on the ChefsRHere Site or at events. Please carefully select the type of information that you post on the ChefsRHere Site or offer through or related to events, or otherwise release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Visitors or users (including unauthorized users, or “hackers”).
Disclosure of Data
In the Ordinary Course
ChefsRHere may disclose your Personal Data, in whole or in part, to our personnel in the ordinary course of the operation of the ChefsRHere Site, and to facilitate the potential participation of you and other Visitors. From time to time, ChefsRHere may sell or share the Personal Data of groups of individual Visitors to third parties for marketing, promotional and other informational purposes. ChefsRHere may also use, sell, transfer, and share aggregated data about you and Visitors, without restriction.
Business Transaction
If ChefsRHere is involved in a merger, acquisition or asset sale, your Personal Data may be transferred as a result, and may also become subject to a different Privacy Policy. We may notify you of such an event on this site.
Disclosure for Law Enforcement
Under certain circumstances, ChefsRHere may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Legal Requirements
ChefsRHere may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of the ChefsRHere
• To prevent or investigate possible wrongdoing in connection with the ChefsRHere Site
• To protect the personal safety of users of the ChefsRHere Site or the public
• To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may use or retain third party companies and individuals ("Service Providers") to facilitate the ChefsRHere Site, perform related services or assist us in analyzing how the ChefsRHere Site is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and have agreed not to disclose or use it for any other purpose; however, ChefsRHere does not control or supervise them and ChefsRHere accepts no responsibility for how they may use or handle your Personal Data.
Behavioral Remarketing
The ChefsRHere may use remarketing services to advertise on third party websites after you visited the ChefsRHere Site. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to the ChefsRHere Site.
• Facebook
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Links to Other Sites
The the ChefsRHere Site may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children"). By using the ChefsRHere Site, you represent and warrant that you are 18 years old or older.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We may, but are not required to, also let you know of changes to this Privacy Policy via email and/or a prominent notice on the ChefsRHere Site, prior to the change becoming effective and update the "version date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
• By email: support@chefsRhere.com
These terms and conditions are divided into four sections, any or all of which may apply to you. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect its terms.
GENERAL TERMS AND CONDITIONS
PURCHASE TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS
PRIVACY POLICY
General Terms and Conditions
In exchange for ChefsRHere allowing you to use or visit the ChefsRHere Site, for giving you the opportunity to create a profile with information about yourself within the ChefsRHere Site (“Profile”), and/or for allowing you to purchase or use ChefsRHere’s Services, you are agreeing to this Agreement. You are acknowledging that your decision to use the ChefsRHere Site and Services and agree to this Agreement is completely voluntary and for adequate consideration.
PLEASE BE ADVISED THAT PROVISIONS IN THIS AGREEMENT GOVERN HOW CLAIMS YOU AND CHEFSRHERE HAVE AGAINST EACH OTHER CAN BE BROUGHT, INCLUDING PROVISIONS REQUIRING YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE CHEFSRHERE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. THIS AGREEMENT ALSO CONTAINS PROVISIONS BY WHICH YOU WAIVE SUBSTANTIAL RIGHTS TO POTENTIAL REMEDIES AND BY WHICH YOU AGREE TO HOLD CHEFSRHERE HARMLESS AGAINST CERTAIN CLAIMS. IF YOU DO NOT WISH TO AGREE TO THESE PROVISIONS AND THIS AGREEMENT IN ITS ENTIRETY, DO NOT INDICATE THAT YOU AGREE TO THESE TERMS AND DO NOT USE THE CHEFSRHERE SITE OR SERVICES OR MAKE A PURCHASE FROM CHEFSRHERE.
ChefsRHere may update these terms and conditions of this Agreement (the “Terms”), at its discretion, from time to time. ChefsRHere will post the most recent Terms on the ChefsRHere Site at www.chefsRhere.com, and the most recent Terms posted shall govern and constitute your Agreement with ChefsRHere. Each time you use or open the ChefsRHere Site or Purchase a ChefsRHere order, you are agreeing to the most recent version of these Terms. Please be advised that you have the responsibility to continue to check the ChefsRHere Site to read and understand the Terms of this Agreement. ChefsRHere may, but does not need to, notify you that it has updated and revised these Terms. You may also obtain the most recent Terms of this Agreement on request by email to support@chefsRhere.com; the Subject Line of such email must read “Request for ChefsRHere Terms and Conditions.”
Purchase Terms and Conditions
These Purchase Terms and Conditions set forth the terms and conditions pursuant to which you may buy, purchase, or use (“Purchase” via an “Order”)) any products or Services offered on or through the ChefsRHere Site or sold by ChefsRHere (including but not limited to any and all prepared food, food items, menu items, and restaurant deliverables that may be available on or through the ChefsRHere Site or using the Services (“The Food.”) .
PLEASE KEEP IN MIND THESE IMPORTANT MATTERS:
• CHEFSRHERE DELIVERS OR SHIPS THE FOOD. ALL THE FOOD HAS BEEN SOURCED FROM AND PROVIDED BY THIRD PARTIES. CHEFSRHERE IS NOT RESPONSIBLE FOR THE FOOD, ITS QUALITY OR ITS SAFETY. THE FOOD AND THE SERVICES ARE PROVIDED AND SOLD “AS IS” AND ALL SALES ARE FINAL AND ALL PAYMENTS ARE NON-REFUNDABLE. CHEFSRHERE DOES NOT PROVIDE WARRANTIES OR GUARANTEE THE QUALITY OF ANY OF THE FOOD. CHEFSRHERE IS ALSO MAKING NO CLAIMS, AND DISCLAIMS ANY REPRESENTATIONS, REGARDING THE HEALTH EFFECTS OF THE FOOD. CONSEQUENTLY, CHEFSRHERE SHALL NOT BE UNDER, AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY TO PURCHASER FOR, ANY LIABILITY WHATSOEVER, FOR ANY CAUSE (INCLUDING OUR OWN FAULT OR NEGLIGENCE) OR IN RESPECT OF ALLEGED WARRANTIES, DEFECTS, DELAYS, SAFETY, AVAILABILITY OR CONSEQUENTIAL DAMAGES, AMONG OTHERS. CHEFSRHERE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(The foregoing includes a summary of certain provisions in these Purchase Terms and Conditions; please also see the full text of these Terms and Conditions.)
The information in the Purchase Order form (the “Purchase Form”) shall be and form an integral part of these Purchase Terms and Conditions. These Purchase Terms and Conditions, and your Agreement with ChefsRHere, incorporate and include the General Terms and Conditions, the Website Terms and Conditions, and the ChefsRHere Privacy Policy, as well as any other terms or conditions located on this URL and/or at www.chefsRhere.com and may be similarly revised by ChefsRHere with or without notice. In event of a conflict between these Purchase Terms and Conditions and any other part of your agreement with ChefsRHere, these Purchase Terms and Conditions shall control.
You acknowledge that ChefsRHere has no obligation to enter into this Agreement, that ChefsRHere reserves the right to restrict any Purchaser’s Purchase and any person’s ability to obtain ChefsRHere, at its sole discretion, and that ChefsRHere may terminate or revise this Agreement without prior notice.
DEFINITIONS
In these Purchase Terms and Conditions, unless otherwise stated explicitly and in addition to other terms defined throughout this Agreement, the following definitions shall apply:
"Force Majeure" means circumstances beyond the relevant party’s control, including acts of God, war, civil unrest, terrorist attack, strike, governmentally declared pandemic, lock-out or other industrial action, and transport, supply-chain or computer failure including any failure or breakdown of related systems upon which the Purchase or the production of ChefsRHere is dependent;
“IPR” means any and all intellectual property rights including copyright, moral rights, database rights, know-how, and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence; all modifications, continuations, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world;
"Purchase Period" means the period specified as such in the Purchase Form, if any;
"Password" means the unique characters used, if any, to obtain access to portions of the ChefsRHere Site;
"Delivery Date" means the estimated date of delivery for the ChefsRHere order being Purchased, as stated in the Purchase Form;
"Purchaser" means the party detailed as such in the Purchase Form; and
"Purchase Fee" means the price of each ChefsRHere order specified in the Purchase Form, as amended from time to time in accordance with this Agreement.
PAYMENT OF FEES
Contemporaneously with you placing an order for Food or using the Services, ChefsRHere will calculate and assess the Purchase Fee due for the same and charge that amount to the means of payment that you provide. ChefsRHere reserves the right to also subsequently charge Purchaser’s means of payment, pursuant to ChefsRHere’s usual pricing, with or without advance notice, to correct errors or account for additional purchases or costs.
To the greatest extent permitted by New York law, all ChefsRHere sales are final and “as is”; and all Purchase Fees are non-refundable, in whole or in part, regardless of whether or when this Agreement is terminated.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all Purchases. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
The amounts payable by Purchaser under this Agreement are exclusive of all sales tax or other similar tax which (if applicable) shall also be paid by Purchaser. Purchaser shall pay all amounts payable by it under this Agreement free and clear of all deductions or withholdings unless the law requires a deduction or withholding. If a deduction or withholding is required by law, Purchaser shall pay (and ChefsRHere may charge to Purchaser’s means of payment) such additional amount as will ensure that the net amount ChefsRHere receives (after account is taken of any such deduction or withholding in respect of the additional amount) equals the full amount which it would have received had the deduction or withholding not been required. ChefsRHere shall comply with all reasonable requests from Purchaser to file, or to provide Purchaser with, such forms, statements or certificates as shall enable ChefsRHere or Purchaser to claim a reduced rate of tax or exemption.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (possibly including credit card information), may be transferred unencrypted and involve (a) payment processing by a third party over whom ChefsRHere has no control and bears no responsibility; (b) transmissions over various networks; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.
LICENSE AND INTELLECTUAL PROPERTY RIGHTS
ChefsRHere grants to Purchaser a limited, revocable, transferable, non-assignable, non-sublicense-able and non-exclusive license to access and use the IPR contained in, represented by or associated with the ChefsRHere Site and the Services. ChefsRHere order being Purchased (collectively, “the IPR”) for Purchaser’s personal use only on the terms of and for the duration of this Agreement. Purchaser shall not resell the Food nor purchase the Food for resale.
All IPR subsisting in or used in connection with the Services and the Food are and shall remain the sole property of ChefsRHere or its licensors. Purchaser is not authorized or licensed to, and shall not, produce, manufacture, sell or design similar goods, services or any other derivative works based on ChefsRHere’s IPR. All present and future rights in and title to such IPR are solely and exclusively reserved to ChefsRHere.
We reserve the right, but are not obligated, to limit the Purchases of any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services or the Food that we offer. All descriptions of Services or the Food or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service or Food at any time. Any offer for any product made on this site is void where prohibited.
CHEFSRHERE’S DUTIES
ChefsRHere is not engaged in the manufacturing, processing, packing, or holding of food for human or animal consumption in the United States. By using the Service, you agree that ChefsRHere is not subject to the Sanitary Transportation Rule, 21 C.F.R. § 1.900 et seq.
ChefsRHere represents and warrants only that it will deliver the Food in a good and workmanlike manner. Be aware that due to the nature of ChefsRHere’s services and a Purchase, even if an error or mistake appears in a ChefsRHere Order or on the ChefsRHere Site, regardless of its origin or the extent of ChefsRHere’s culpability or negligence therefore, your Purchase Fee is nonrefundable to the greatest extent permitted by law. Your sole remedy and ChefsRHere’s sole liability will be that ChefsRHere, when reasonably practicable and in ChefsRHere’s complete disrection,ChefsRHere, may use reasonable efforts to either replace the Purchased Food ChefsRHere order or provide a refund of the Purchase Fee .
We have made every effort to display as accurately as possible the colors and images of the Food and Services. We cannot guarantee that your computer monitor's display of any color will be accurate.
CHEFSRHERE IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT YOU OR YOUR ORDER. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CHEFSRHERE IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY CHEFSRHERE TO FACILITATE YOUR RECEIPT OF THIRD-PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD-PARTY PROVIDER.
You understand and agree that ChefsRHere provides the Services to connect you with independent Merchants that provide the products and services offered through the Services. Merchants are the retailers of the Food, products or services offered through the Services. ChefsRHere provides the Services to facilitate the transmission of Orders by Users to Merchants. ChefsRHere will not assess or guarantee the suitability, legality, or ability of any Merchant. You agree that ChefsRHere is not responsible for the Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by the Merchants and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. ChefsRHere has no responsibility or liability for acts or omissions by any Merchant or contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Merchant will be directed by your instructions to transport the products to your designated delivery location.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.
PURCHASER’S DUTIES
Purchaser is responsible for obtaining, procuring, and maintaining all hardware, software, intranets and or networks necessary for accessing the ChefsRHere Site. Purchaser also agrees to employ computer anti-virus software of a type comparable to current industry standards on all computer systems that access the ChefsRHere Site .
Purchaser represents and warrants to us (i) that if you are a corporate entity, you are a duly incorporated entity in good standing under the laws of your jurisdiction of incorporation; (ii) all information provided by you in the Purchase Form is in all respects complete, truthful, and accurate; and (iii) that you are responsible for all your acts and omissions.
Purchaser represents and warrants that it shall at all times:
• Only use the Services, the Food and any ChefsRHere order for personal purposes;
• Not allow anyone under the age of 18 to use or access the ChefsRHere Site, or purchase an order or the Food.
• Take personal responsibility to assess the quality, safety and preservation of the Food when received and to maintain the quality and safety of the Food at all times before the Food is consumed. (For example, and not by way of limitation, you must assess whether food that should be refrigerated or frozen is still in that state when you receive it, and you must keep the Food that cold – IF THE FOOD IS NOT COLD WHEN YOU RECEIVE IT, DON’T EAT IT! In any event, consume all Food within 3 days of receiving it.
• Be wholly responsible for the use and safety of any ChefsRHere order and its means of delivery or shipment, and all damages, injuries, or costs arising therefrom;
• Fully insure Purchaser’s own risks arising from the use and possession of the ChefsRHere Site, including but not limited to the risk of loss in shipping and transport;
• Not copy the ChefsRHere order or part thereof or transfer, sell, loan, rent, lease or assign any IPR;
• Not duplicate, modify or distribute, reverse engineer, create derivative works of, decompile, disassemble, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, transfer, loan, rent, lease, assign or adapt any portion of the IPR, nor merge or incorporate it with any other software nor permit any third party to do so, except solely to the extent permitted by applicable law;
• Maintain all security measures as may be reasonably required to prevent unauthorized access copying of the Purchase and IPR;
• Not in any circumstances use, nor allow any third party to use, any automated software, process, program, robot, web crawler, spider, data mining, trawling, “screen scraping” or other similar software (regardless of whether or not the resulting information would then be used for its internal purposes) regarding the ChefsRHere Site; and
• Comply with all Website Terms and Conditions; to the extent of any conflict, the provision most protective of ChefsRHere’s property and rights shall govern;
• Promptly upon becoming aware of any breach of this provision notify ChefsRHere thereof.
Purchaser shall immediately notify ChefsRHere of any attempt of which Purchaser has knowledge by any person or entity: (1) to use, distribute, sell, sublicense or disclose any part of the Purchase or IPR without authorization of ChefsRHere or (2) to make an unauthorized copy or modification of, reverse assemble, reverse compile or to otherwise reverse engineer any part of the Purchase or IPR.
Purchaser shall immediately notify ChefsRHere upon learning of any potential infringement or misappropriation by third parties of any of Confidential Information or IPR of ChefsRHere. ChefsRHere shall have the sole right and discretion to institute and conduct any legal action against, and/or settlement with, any and all actual or potential third-party infringers or misappropriators of Confidential Information or IPR of ChefsRHere and Purchaser will cooperate with ChefsRHere, at ChefsRHere’s expense, in connection with any action taken by ChefsRHere against such actual or potential infringers or misappropriators. ChefsRHere shall have no obligation to Purchaser to institute suit against any particular infringer or misappropriator. Purchaser agrees that any infringement or misappropriation of IPR or Confidential Information of ChefsRHere will cause ChefsRHere irreparable injury and Purchaser will not contest preliminary or permanent injunctive relief in this case. Any recovery of damages or attorney fees will belong to ChefsRHere.
Purchaser agrees to indemnify, defend and hold harmless ChefsRHere, ChefsRHere’s licensors, and its or their respective officers, directors, employees, reporters, contributors, researchers, affiliates, subsidiaries, agents, successors and assigns, from and against any and all claims, suits, actions, demands, or proceedings and all damages, losses, costs, expenses or settlement fees incurred in connection with any of the foregoing (including reasonable attorneys’ fees and costs), arising out of or relating to (i) the breach of or default by Purchaser under any representations or warranties contained in this Agreement; (ii) non-compliance by with laws, statutes, rules, regulations, directives, or guidance of governmental or self-regulatory bodies anywhere in the world; (iii) claims or actions related to the quality, content, safety, preparation or packaging of the Food; or (iv) the infringement, misappropriation or other violation of copyrights, trademarks, trade secrets, rights of privacy or publicity or other IPR that may arise from or relate to the Purchase.
Purchaser acknowledges and accepts as reasonable that the undertakings given in the Purchase Terms and Conditions are of material importance to ChefsRHere and that ChefsRHere has entered into this Agreement in reliance on these undertakings. Purchaser acknowledges that ChefsRHere’s services have been developed by ChefsRHere through substantial amounts of work, time, and expense. Accordingly, Purchaser acknowledges that without affecting any rights or remedies that ChefsRHere may have, damages would not be an adequate remedy for any breach by Purchaser of the Purchase Terms and Conditions and that ChefsRHere shall be entitled to the remedies of injunction, specific performance, and other equitable relief for any threatened or actual breach of Purchase Terms and Conditions, and that no proof of special damages shall be necessary for the enforcement of this clause.
Termination for any reason shall not relieve Purchaser of its obligations to make any payments due to ChefsRHere which are outstanding as of the date of termination. Termination shall not affect any accrued rights of either party existing as of the date of termination. Notwithstanding the termination of Purchaser’s Purchase for any reason, all other provisions of this Agreement shall remain in full force and effect, including but not limited to the General Terms and Conditions, Website Terms and Conditions, and Privacy Policy.
LIABILITY
Without limitation to provisions limiting ChefsRHere’s liability within the Website Terms and Conditions:
• ChefsRHere and its agents package, ship or deliver the Food and ChefsRHere Orders in good faith; however, Purchaser acknowledges that ChefsRHere does not guarantee the quality or safety of the Food or any Order. Consequently, ChefsRHere shall not be under, and excludes to the fullest extent permitted by law: (a) all liability for or any liability whatsoever, for any cause (including our own fault or negligence) or in respect of defects, delays, safety, quality, availability or consequential damages, among others; (b) delays in providing the ChefsRHere Order or the Food or non-availability thereof; or (c) Purchaser’s loss of profit, business revenue, goodwill and anticipated savings and other consequential and special damages. PURCHASER IS WHOLLY RESPONSIBLE FOR THE SAFETY OF AND/OR HAZARDS ARISING FROM THE USE OF SERVICES.
• You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
Notwithstanding any other provision of this Agreement, neither party excludes or limits liability to the extent that the same may not be excluded or limited under governing law.
Purchaser and Users shall not remove, obscure, or deface any proprietary legend relating to IPR or ChefsRHere’s rights on or from any tangible embodiment of the Purchase. If Purchaser is permitted to make any copies of the Purchase in whole or in part, Purchaser shall mark all such copies with ChefsRHere’s proprietary legends.
GENERAL
ChefsRHere shall not be under any liability to any other party for any breach of this Agreement that arises by reason of Force Majeure.
Purchaser acknowledges that it is liable for the acts of Purchaser and representations made by Purchaser upon which ChefsRHere relies in providing goods or services under this Agreement. Purchaser is responsible and wholly liable for Purchaser’s compliance with all applicable law.
This Agreement is binding upon and shall inure to the benefit of the respective permitted successors and/or assigns of the parties hereto.
ChefsRHere may identify Purchaser as a Purchaser in its marketing and other public communications and may use generally available versions of Purchaser’s trademarks and logos for such purposes. Otherwise, each party shall refrain from using the other party’s brand, trademarks, logos, slogans, names or other indicia or identity for purposes of marketing and promoting its own products, unless otherwise permitted in a separate agreement. (ChefsRHere may also use certain data from and regarding Purchaser for its own marketing and advertising and share that data with third parties for their marketing and advertising purposes, as provided in ChefsRHere’s Privacy Policy.)
Website Terms and Conditions
PURPOSE AND INTENT
The ChefsRHere Site is intended to allow Visitors to obtain information about ChefsRHere and its Services, obtain the Food or Services, and/or complete a Profile and submit that Profile to ChefsRHere. ChefsRHere may, in its complete discretion, use the information in each Visitor’s Profile for the purposes contemplated herein, and ChefsRHere and its permitted third parties may also communicate with you for promotional and marketing purposes.
Visitor acknowledges and agrees that he/she is primarily responsible for his/her own safety and shares responsibility for the safety of other Visitors. In consideration for ChefsRHere allowing Visitor to use the ChefsRHere Site, Visitor to the greatest extent permitted under law assumes all risk of such participation and hereby releases ChefsRHere and all its directors, officers, employees and agents from any and all claims for any injury of any kind to Visitor or other damages that may occur as a result of the Visitor’s use of the ChefsRHere Site, or use or consumption of any ChefsRHere order or the Food, including without limitation any personal injuries or other damages that may be caused by the negligence of ChefsRHere or negligence of any ChefsRHere director, officer, employee, or agent (including without limitation negligently failing to adequately investigate or screen personnel), and agrees not to file any lawsuit or otherwise make any claim against ChefsRHere or any ChefsRHere director, officer, employee or agent for any such injury or other damages.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
INFORMATIONAL SITE
It is the inherent and intended nature of ChefsRHere and the ChefsRHere Site to provide information and opinion, any of which may be and likely are based on incomplete information, developing or changing information or circumstances, third-party sources who may or may not be acting in good faith. You acknowledge this nature; indeed, you acknowledge that part of the value you receive from ChefsRHere and the ChefsRHere Site is that we may provide such information.
THEREFORE, YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION AS A VISITOR AND YOUR USE OF THE CHEFSRHERE SITE IS AT YOUR OWN RISK. THE CHEFSRHERE SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY, PROMISE OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CHEFSRHERE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE CHEFSRHERE SITE, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, PURCHASE OR SUBSCRIPTIONS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE CHEFSRHERE SITE, AND/OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Neither ChefsRHere nor the ChefsRHere Site provide legal, financial, accounting, professional, investment or other expert advice. You expressly agree that ChefsRHere is not your fiduciary and owes you no fiduciary, expert, professional or heightened duty.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We do not warrant that your use of the ChefsRHere Site will be accurate, reliable, secure, uninterrupted, always available, or error-free, that any defects in the ChefsRHere Site will be corrected, or that the ChefsRHere Site is free of viruses or other harmful components. ChefsRHere is not responsible for the conduct, whether online or offline, of any Visitor or other user of the ChefsRHere Site. You are solely responsible for your interactions with other Visitors and users of the ChefsRHere Site. By using the ChefsRHere Site, you agree to assume such risks.
OWNERSHIP, INTELLECTUAL PROPERTY, AND CONTENT
ChefsRHere, the name “ChefsRHere,” and all of ChefsRHere’s related content, tangible expressions, trade names, trademarks, moral rights, inventions, discovery, IPR and any other form of intellectual property of any kind, generated by ChefsRHere or by your use of the ChefsRHere Site, in the past or future and in any medium, are the property of ChefsRHere. By this Agreement, ChefsRHere grants you only a limited license within the United States to use the ChefsRHere Site only as a Visitor consistent with and limited by the Terms of this Agreement. You may not assign, sublicense, or hypothecate this license.
Such license, and your right to use the ChefsRHere Site, may be terminated by ChefsRHere in its complete discretion at any time; and shall automatically and immediately terminate upon your breach of this Agreement or upon the termination of this Agreement for any reason. Upon the termination of this license, you shall retain no rights of any kind to use the ChefsRHere Site or any ChefsRHere intellectual property.
By using the ChefsRHere Site and by being a Visitor, you agree that any feedback, comments, or information, anywhere, about your experience on the ChefsRHere Site or your use and enjoyment of ChefsRHere products (“Feedback”) that you provide will become the property of ChefsRHere and you agree that ChefsRHere may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.
Opinions, advice, reviews, statements, offers, or other information or content concerning ChefsRHere, events, the ChefsRHere Site, Visitors or made available through the ChefsRHere Site, but not directly by ChefsRHere, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from, or from your reliance on, information or other content posted on the ChefsRHere Site or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the ChefsRHere Site and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or harassing, or that might violate the rights, harm, or threaten the safety of Visitors or others.
Except as expressly permitted by this Agreement, Purchaser and its users shall not copy, duplicate, distribute, reverse-engineer, reverse-compile, disassemble, record, modify, or otherwise reproduce any part of the IPR, nor attempt to do any of the foregoing, without obtaining prior written approval of ChefsRHere. Purchaser acknowledges that (1) the IPR and any modifications, compilations, or derivative works, whether in tangible or intangible form, and (2) any embodiments of the IPR that may be generated by Purchaser or others whether pursuant to or in violation of this Agreement are deemed to be the sole and exclusive property of ChefsRHere. Subject to the limited license granted to Purchaser by ChefsRHere under this Agreement, ChefsRHere reserves all of its right, title, and interest in the IPR and any and all patent rights, copyrights, trademarks, trade secrets, and all other IPR inherent in or in connection with ChefsRHere and the ChefsRHere Site. This Agreement is non-exclusive and ChefsRHere may enter into similar agreements with other individuals or entities at its sole discretion.
ChefsRHere retains exclusive editorial control over the ChefsRHere Site and ChefsRHere and may make administrative, editorial, artistic, or operational decisions it deems necessary or helpful in the normal course of business.
VISITOR REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that, regarding your use of the ChefsRHere Site and your participation in any event, that:
• You are age 18 or older and fully and legally capable of understanding and agreeing to these Terms;
• You voluntarily and knowingly assume and accept any and all risks associated with your use of the ChefsRHere Site;
• You will indemnify, defend and hold harmless ChefsRHere from and against any and all losses, costs or damages, including attorney fees, directly or indirectly arising from or related to (a) your use of the ChefsRHere Site or a Purchase, and (b) any breach by you of this Agreement.
RESTRICTED ACTIVITIES
With respect to your use of the ChefsRHere Site, you agree, represent and warrant that you will not:
• impersonate any person or entity, or create or use any “fake” account, or create a Profile with inaccurate, untruthful or fictitious information about you or any other purported person;
• violate any applicable law, statute, rule, permit, ordinance, regulation, or rule of an event or any applicable Code of Conduct;
• interfere with or disrupt the ChefsRHere Site, or the operations of ChefsRHere;
• post information or interact on the ChefsRHere Site, or use the ChefsRHere Site, in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
• use the ChefsRHere Site in any way that infringes on ChefsRHere’s or any third party’s rights, including: IPR, copyright, patent, trademark, trade secret, confidentiality or other proprietary rights or rights of publicity or privacy;
• post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information;
• “frame” or “mirror” any part of the ChefsRHere Site, without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ChefsRHere Site, ChefsRHere’s IPR or any software used on or for the ChefsRHere Site;
• rent, lease, lend, sell, redistribute, infringe, license, or sublicense the ChefsRHere Site or access to any portion of the ChefsRHere Site or any other ChefsRHere intellectual property;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation, of the ChefsRHere Site or its contents;
• transfer or sell your Visitor account, password and/or identification to any other party;
• discriminate against, taunt or insult, bully or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or any category or distinction protected by applicable law; or
• cause any third party to engage in the restricted activities above.
DISPUTES
To the extent permitted by applicable law, you must give Notice of any dispute or Claim against ChefsRHere at least 90 days before pursuing or filing any other remedy in law or equity. “Notice” by you, for purposes of this Agreement, means a writing delivered to ChefsRHere by certified mail, including the claimant’s name, address, daytime telephone number, email address, and a reasonably complete statement of the nature of and grounds for the Claim. Such complete and timely notice is a condition precedent to your right to pursue any remedy or Claim against ChefsRHere. Any Notices to you shall be provided to you through the ChefsRHere Site or given to you via the email address or by regular mail to the physical address you provide to ChefsRHere during the registration process.
ARBITRATION AGREEMENT
YOU AND CHEFSRHERE MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after this Agreement terminates or your relationship with ChefsRHere ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and ChefsRHere, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND CHEFSRHERE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the ChefsRHere Site, ChefsRHere, any other goods or services made available through the ChefsRHere Site, a Purchase, your relationship with ChefsRHere, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by ChefsRHere, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by ChefsRHere and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND CHEFSRHERE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Arbitrations shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration shall be governed by the laws of the State of New York. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
YOU UNDERSTAND AND AGREE THAT YOU AND CHEFSRHERE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND CHEFSRHERE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST CHEFSRHERE, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHEFSRHERE, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CONTRIBUTORS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, DAMAGE FOR EXPOSURE OF PERSONAL OR IDENTIFYING INFORMATION, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CHEFSRHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, CHEFSRHERE’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’, CONTRIBUTORS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that ChefsRHere has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
OTHER TERMS
These Terms, and this Agreement, incorporates, and includes the ChefsRHere Privacy Policy, located below and/or at www.chefsRhere.com. Your agreement to these Terms incorporates your agreement and consent to that Privacy Policy.
We agree and deem that all performance by ChefsRHere under this Agreement occurs in the United States. If you are not located in the United States, or transfer your data through another country, you are not permitted to use the ChefsRHere Site.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. ChefsRHere may assign this Agreement, in whole or in part, in its discretion. Visitor shall not assign any of its rights, obligations or benefits under this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and ChefsRHere with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Privacy Policy
Version date: MARCH 15, 2023
ChefsRHere, LLC ("us", "we", “ChefsRHere” or "our") operates the ChefsRHere website at www.chefsRhere.com (the “the ChefsRHere Site”).
This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use the ChefsRHere Site and the choices you have associated with that data. This Privacy Policy is also part of, and incorporated in, your agreement to the Terms and Conditions of the ChefsRHere Site, and may be similarly revised by ChefsRHere.
We use your data to provide and improve the ChefsRHere Site, and for ChefsRHere’s marketing, business, and promotional purposes. By using the ChefsRHere Site, you agree to the collection and use of information in accordance with this Policy. Unless only defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.chefsRhere.com
Definitions
• Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). This includes personally identifiable information that can be used to contact or identify you.
• Usage Data is data collected automatically either generated by the use of the ChefsRHere Site or from the infrastructure and operation of the ChefsRHere Site itself (for example, the duration of a page visit).
• Cookies are small files stored on your device (computer or mobile device).
Information Collection and Use
We limit the amount of information we gather and store about Visitors, but we do collect several different types of information for various purposes to provide and improve the ChefsRHere Site to you. We may also use that information for ChefsRHere’s marketing and promotional purposes, to deliver advertising, marketing, and promotional information to you about ChefsRHere or third parties, and from time to time, otherwise, for the marketing and promotional purposes of those third parties we permit, in our complete discretion.
Types of Data Collected
• Personal Data
While using the ChefsRHere Site, we may ask you to provide us with certain Personal Data which may include, but is not limited to:
• Email address
• First name and last name
• Geographic location
• Site experience and preferences
• Physical addresses for shipping and billing
• Payment information
• Cookies and Usage Data
Among other uses, ChefsRHere may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.
• Usage Data
We may also collect information on how the ChefsRHere Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the ChefsRHere Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
• Location Data
We may use and store information about your location ("Location Data"). We use this data to provide features of the ChefsRHere Site, and to improve and customize the ChefsRHere Site.
You can enable or disable location services when you use the ChefsRHere Site at any time by way of your device settings.
• Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on the ChefsRHere Site and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze the ChefsRHere Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions or features of the ChefsRHere Site.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate the ChefsRHere Site.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
Use of Data
ChefsRHere and the ChefsRHere Site use the collected data for various purposes:
• To provide and maintain the ChefsRHere Site
• To notify you about changes to the ChefsRHere Site
• To allow you to participate in interactive features of the ChefsRHere Site when you choose to do so
• To make recommendations to you and otherwise communicate with you about the ChefsRHere Site, events, ChefsRHere and other ChefsRHere goods and services;
• To provide customer support
• To gather analysis or valuable information so that we can improve the ChefsRHere Site
• To monitor the usage of the ChefsRHere Site
• To detect, prevent and address technical issues or misuse
• From time to time, to allow third-parties to provide you with advertising, special offers and general information about goods, services and events
• To provide you with news, special offers and general information about other goods, services and events which we or third parties offer that may be similar to those that you have already purchased or inquired about unless you have opted not to receive such information
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Therefore, if you are not located in the United States, or transfer your data through another country, you are not permitted to use the ChefsRHere Site.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
ChefsRHere, LLC will take steps that are both reasonably necessary and commercially reasonable (consistent with the nature of the ChefsRHere Site) to: treat your data securely and in accordance with this Privacy Policy.
You are responsible for the use of your User account and ChefsRHere expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the ChefsRHere Site (including any Profile information you provide), send to other Users, or share during events, and to use such information to harass or harm you. We are not responsible for the use of any Personal Data that you disclose to other Visitors or users on the ChefsRHere Site or at events. Please carefully select the type of information that you post on the ChefsRHere Site or offer through or related to events, or otherwise release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Visitors or users (including unauthorized users, or “hackers”).
Disclosure of Data
In the Ordinary Course
ChefsRHere may disclose your Personal Data, in whole or in part, to our personnel in the ordinary course of the operation of the ChefsRHere Site, and to facilitate the potential participation of you and other Visitors. From time to time, ChefsRHere may sell or share the Personal Data of groups of individual Visitors to third parties for marketing, promotional and other informational purposes. ChefsRHere may also use, sell, transfer, and share aggregated data about you and Visitors, without restriction.
Business Transaction
If ChefsRHere is involved in a merger, acquisition or asset sale, your Personal Data may be transferred as a result, and may also become subject to a different Privacy Policy. We may notify you of such an event on this site.
Disclosure for Law Enforcement
Under certain circumstances, ChefsRHere may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Legal Requirements
ChefsRHere may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of the ChefsRHere
• To prevent or investigate possible wrongdoing in connection with the ChefsRHere Site
• To protect the personal safety of users of the ChefsRHere Site or the public
• To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may use or retain third party companies and individuals ("Service Providers") to facilitate the ChefsRHere Site, perform related services or assist us in analyzing how the ChefsRHere Site is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and have agreed not to disclose or use it for any other purpose; however, ChefsRHere does not control or supervise them and ChefsRHere accepts no responsibility for how they may use or handle your Personal Data.
Behavioral Remarketing
The ChefsRHere may use remarketing services to advertise on third party websites after you visited the ChefsRHere Site. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to the ChefsRHere Site.
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Links to Other Sites
The the ChefsRHere Site may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children"). By using the ChefsRHere Site, you represent and warrant that you are 18 years old or older.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We may, but are not required to, also let you know of changes to this Privacy Policy via email and/or a prominent notice on the ChefsRHere Site, prior to the change becoming effective and update the "version date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
• By email: support@chefsRhere.com