Effective Date: February 21, 2017
This website, hellocheffy.com, (the “Site”) is hosted by Hello Cheffy LLC (“HELLO CHEFFY,” “we,” “our,” or “us”).
All reference to “you” or “your,” as applicable, mean the person who accesses, uses and/or participates in the Site in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes on the Site. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.
“Customer” means a person who is registered to receive quotes for Service, requests quotes for Service, or otherwise uses the Site to receive, pay for, review, or facilitate the receipt of Service.
“Service” means the services listed, quoted, offered, or provided by Service Providers sought or received by Customers, through the Site.
“Service Provider” means a person who or entity that is registered to send quotes for Service, sends quotes for Service, or otherwise uses the Site to offer, provide, receive payment for, or facilitate the provision of Service.
HELLO CHEFFY only sells services to adults, ages 18 years and older. HELLO CHEFFY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel services in its sole discretion, including, without limitation, if HELLO CHEFFY believes that user conduct violates applicable law or is harmful to the interests of HELLO CHEFFY or its affiliates.
By registering or using the Site to offer, post or provide Service, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Service and in relation to the specific job they are performing.
HELLO CHEFFY is not in the business of providing Service. Service Providers understand and agree that by creating and maintaining an account on the Site, they receive only the ability to use the HELLO CHEFFY Site to access persons interested in receiving Services. Service Providers understand and agree that using the Site does not guarantee that any HELLO CHEFFY users will engage them for Services.
Service Providers understand and agree that they are customers of HELLO CHEFFY, and are not HELLO CHEFFY employees, joint venturers, partners, or agents. Service Providers acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. HELLO CHEFFY does not control, and has no right to control, the services a Service Provider provides (including how the Service Provider provides such services) if the Service Provider is engaged by a Customer, except as specified herein. HELLO CHEFFY does not engage Service Providers to provide or serve alcoholic beverages for any Service provided and assumes no responsibility to Service Providers who do so.
HELLO CHEFFY, as permitted by applicable laws, obtains reports based on publicly available information regarding Service Providers, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate or cancel a Service Provider’s account based on the results of such a check. As a Service Provider, you agree and authorize us to use your personal information, including but not limited to your full name and date of birth, to obtain such reports from HELLO CHEFFY’s vendors.
Users may access the Site without registering for an account. To access and participate in certain features of the Site, you will need to create a password-protected account (“Account”). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Site, and to update information to keep it accurate, current, or complete. You are solely responsible for safeguarding your Site password. You are solely responsible for all activity that occurs on your Account, and you will notify HELLO CHEFFY immediately of any unauthorized use. HELLO CHEFFY is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of HELLO CHEFFY and others due to such unauthorized use.
Copyright and License
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by HELLO CHEFFY or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes without prior written approval. Nothing stated or implied on the Site confers on you any license or right under any copyright of HELLO CHEFFY or any third party.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content on or through the Site. By making available any content you post, upload, publish, submit or transmit, you hereby grant HELLO CHEFFY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Site or Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to HELLO CHEFFY shall survive termination of the Site or your Account. HELLO CHEFFY does not claim ownership rights to your content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such content submitted, posted, uploaded, published, or transmitted on or through the Site by you.
You acknowledge and agree that you are solely responsible for all content that you make available on or through the Site. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to HELLO CHEFFY the right in such content, as contemplated under these Terms; and (b) neither the content not your posting, uploading, publication submission or transmittal of the content or HELLO CHEFFY’s use of the content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that HELLO CHEFFY may proofread, summarize or otherwise edit and/or withdraw your content, and you understand it remains your sole responsibility to monitor your content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms.
HELLO CHEFFY reserves the right, at any time and without prior notice, to remove or disable access to content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or users, or for any other reason.
HELLO CHEFFY grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HELLO CHEFFY. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HELLO CHEFFY. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HELLO CHEFFY and our affiliates without express written consent. You may not use meta tags or any other hidden text using HELLO CHEFFY’s name or trademarks without the express written consent of HELLO CHEFFY. Any unauthorized use terminates the permission or license granted by HELLO CHEFFY.
As a user of the site, you may not:
- Use another person’s Account, misrepresent yourself or Services offered through the Site, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request;
- Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Site for any purposes without HELLO CHEFFY prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (HELLO CHEFFY reserves the right to revoke these exceptions either generally or In specific cases);
- Take any action that (a) may unreasonably encumber the Site’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Site or any third-party participation; (c) bypasses measure that are used to prevent or restrict access to the Site; (d) circumvents, disables or interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm HELLO CHEFFY or users; (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fee structure, billing or fees owed;
- As a Service Provider, use the Site in any manner that circumvents your obligation to pay HELLO CHEFFY for access to services provided by the Site;
- Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Site or uses the communication systems provided by the Site for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Recruit, solicit or contract in any form Service Providers or Customers for employment or any other use not specifically intended by the Site;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Site, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any key HELLO CHEFFY policies that govern your use of the Site and our interactions with you and third parties;
- Advertise or solicit service not related to or appropriate for the Site, including, but not limited to any Service that (a) is not meal planning, shopping, preparation or serving; (b) provides directories or referrals; (c) promotes events (such as a party or professional convention); (d) competes with the business of HELLO CHEFFY; (e) is based outside of the United States; (f) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (g) provides non-local content;
- Submit content that damages the experience of any users, including but not limited to(a) requests to download non-HELLO CHEFFY mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on the Site, (b) offers to purchase a service outside of HELLO CHEFFY, or (c) using a profile page or user name to promote services not offered on or through the Site;
- Take any action that may undermine the efficacy or accuracy of reviews or rating systems;
- Fail to perform Services purchased from you as promised, unless the Customer fails to materially meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer’s identity;
- Engage in fraudulent conduct, including but not limited tooffering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by HELLO CHEFFY;
- Sign up for, negotiate a price for, use, or otherwise solicit Service with no intention of following through with your use of or payment for the Service;
- Agree to purchase a Service when you do not meet a Service Providers requirements;
- Undertake any activity or engage in any conduct that is inconsistent with the business of purpose of the Site; and
- Attempt to indirectly undertake any of the foregoing.
Fees and Taxes
In connection with use of HELLO CHEFFY’s Site, HELLO CHEFFY charges certain fees. Fees for services will be provided to you before you use such services. HELLO CHEFFY may also charge penalty fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion.
You agree to pay these fees. You agree to pay all applicable fees or charges based on the fee and bill terms in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal account or other payment method designated at the time you make a purchase. If you do not pay on time or if HELLO CHEFFY cannot charge a credit card, Paypal account or other payment method for any reason, HELLO CHEFFY reserves all rights permissible under law to recover payment an all cost and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or fees due will be made by electronic mail or by phone. Such communication may be made by HELLO CHEFFY or by someone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that HELLO CHEFFY may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to Service Providers or Customers. All sales on HELLO CHEFFY are final and non-refundable, except as otherwise specified herein.
HELLO CHEFFY serves as a limited payment collection agent of a Service Provider and is authorized to collect payment from Customers on behalf of a Service Provider. Payment made by a Customer to HELLO CHEFFY in connection with Services shall be considered the same as a payment made directly to a Service Provider. As a Service Provider, you hereby appoint HELLO CHEFFY as your limited payment collection agent solely for the purpose of accepting payment form Customers in connection with Services. You agree that payment made to HELLO CHEFFY shall be considered the same as a payment made directly to you. You further understand that, as a limited payment collection agent for its Service Providers, HELLO CHEFFY’s obligation to you, as the Service Provider, is subject to and conditional upon successful receipt of payment from a Customer. In accepting appointment as your limited payment collection agent, HELLO CHEFFY assumes no liability for your acts or omissions in your capacity as the Service Provider.
If any Service Provider or Customer does not make a payment on time or if HELLO CHEFFY cannot charge a credit card, PayPal account or other payment method for any reason, HELLO CHEFFY reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorney’s fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or payments due will be made by electronic mail or by phone. Such communication may be made by HELLO CHEFFY or by anyone on its behalf, including but not limited to a third-party collection agent. If you have a balance due on any Account, you agree that HELLO CHEFFY may charge such unpaid payments to your credit card or otherwise bill you for such unpaid payments.
All cancellation and refund requests will be subject to HELLO CHEFFY’s review and absolute discretion. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by email your request to email@example.com. If you cancel your Account at any time, you will not receive any refund.
This Site may contain hyperlinks (“links”) to websites operated by persons or entities other than HELLO CHEFFY (“third-party websites”) or to co-branded websites operated by a third party, including affiliates (“co-branded websites”). We provide such links for your reference and convenience only. A link from HELLO CHEFFY to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded websites to which you might link from our Site. HELLO CHEFFY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
HELLO CHEFFY does not endorse any user (including Service Providers) and HELLO CHEFFY is not a party to any agreements between or among users. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s use of any part of the Site, including but not limited to any scheduling or other services. Neither HELLO CHEFFY nor any users may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although HELLO CHEFFY may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific HELLO CHEFFY services they are using or any involvement by HELLO CHEFFY personnel in providing or scheduling those services.
Any reference on the Site to a user being licensed or credentialed in some manner indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by HELLO CHEFFY and is not verification of their identity and whether they or their services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. HELLO CHEFFY is not responsible for any damage or harm resulting from your interactions with other users.
By using the Site, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from HELLO CHEFFY with respect to such actions or omissions.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY HELLO CHEFFY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELLO CHEFFY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELLO CHEFFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL HELLO CHEFFY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO HELLO CHEFFY THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law, Binding Arbitration and Class Action Waiver
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to HELLO CHEFFY or to services you purchase through HELLO CHEFFY shall be submitted to confidential arbitration in Los Angeles, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate HELLO CHEFFY’s intellectual property rights, HELLO CHEFFY may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and HELLO CHEFFY agree that each may bring claims against the other only in your own or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You agree to defend, indemnify, and hold harmless HELLO CHEFFY and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by HELLO CHEFFY arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HELLO CHEFFY as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of HELLO CHEFFY’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by HELLO CHEFFY with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of HELLO CHEFFY to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between HELLO CHEFFY and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.