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TERMS OF SERVICE AGREEMENT
Please read these Terms of Service Agreement carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes. They apply to your visit to and your use of our website at www.nichef.com (the "Website") as well as to all other information and/or services provided to you through the Website.
By using the Website, you enter into a contract with Nichef and the provisions of the Terms and Conditions apply to you - in this context, you are referred to as the “User”. If you do not agree to be bound by the Terms and Conditions, you are not allowed to use the Website.
Nichef has created and operates the Website which is a platform for the listing and exchange of information about chefs and clients, enabling potential users to book an experience prepared by the chefs.
The definitions listed below shall have the following meaning:
- “Nichef Technologies LLC” - (hereafter referred to as "Nichef", "we", "us", or "our") provides an online platform that connects chefs who have culinary skills or any other related activities for hire with clients seeking to rent such services (collectively, the “Services”), which Services are accessible at www.nichef.com (the “Site”).
- “Site” - shall mean https://www.nichef.com or https://www.listings.nichef.com
- “Booking Service” - shall mean the services which are facilitated by Nichef. Nichef makes available an platform or marketplace with related technology for Clients and Chefs to meet online and arrange for bookings of Services. Booking Service includes a Booking Voucher which may be exclusively addressed to people who, in their respective country, have full legal capacity;
- "Booking Voucher" - shall mean a proof of a booking service made by the Client to have a Chef come to his/her house and made a specific Experience listed, pre-booked and paid via the Site. This voucher is sent via email by Paypal, our payment processor.
- “Other Services” - any other services provided to you by Nichef through the Website, other than Booking Service;
- “Service Fee” - a fee for the performance of the Booking Services, due to Nichef from the Chef.
- “Chef” - a user who creates a Listing via the Site.
- “Client” or “Foodie” - a person who has created a Client/User Account in order to book Experiences provided by Chefs;
- “Listing” or “Experience” – a Service or Services that are listed by a Chef as available for hire via the Site and Services. The experience includes:
- The listing of the Experience by the Chef,
- The client selecting and agreeing to pay for the Experience,
- The communication via the Site between the Client and the Chef to refine details about the experience
- The action of the Chef buying fresh ingredients
- The action of the Chef visiting the Client’s kitchen previously agreed via the Site
- The action of the Chef visiting the Client’s kitchen previously agreed via the Site
- The action of the Chef cleaning up and serving
- The client and chef leaving a comment for future reference for other users.
- “Chef Regulation” - the document determining rights and obligations of the Chefs;
- “Client Regulation” - the document determining rights and obligations of the Clients;
- “User” - a person (Chef, Client, third party) who visits and uses the Site;
- “Nichef User Account” - an account created in order to use the Booking Services and Other Services, as determined in details in Terms and Conditions;
- “Terms”, “Terms and Conditions” - these are the General Terms and Conditions.
You acknowledge and agree that, by accessing or using the Site or Experiences or by downloading or posting any content from or on the Site or through the Booking Service, or by participating in the review of the Experiences, you are indicating that you have read these terms, and that you understand and agree to be bound by these terms, whether or not you have registered with the site. if you do not agree to these terms, then you have no right to access or use the site, services, or collective content or to participate in the review of the services. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited unless they have the permission of a guardian. You hereby confirm that your use of the Website and your meal offer do not infringe any current law or regulation.
THE PROVISION OF BOOKING SERVICES BY NICHEF
The Site and Services can be used to facilitate the listing and booking of Chefs and other culinary services (“Experiences”). You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Service or create a Listing, you must first register to create a Nichef account (defined below).
As stated above, Nichef makes available a platform or marketplace with related technology for Clients and Chefs to meet online and arrange for bookings of Services. Nichef is not an owner or operator of an agency, including, but not limited to, chefs, catering services, restaurants, food professionals or Services, nor is it a provider of properties, including, but not limited to, event venues, public halls, other lodgings or Services and Nichef does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control equipment and ingredients used by Chefs or Clients in the conduct of purchasing Services. Nichef’s responsibilities are limited to (i) facilitating the availability of the Site and (ii) serving as the limited agent of each Chef for the purpose of accepting payments from Clients on behalf of the Chef.
Please note that, as stated above, the site and services are intended to be used to facilitate the booking of services. Nichef cannot and does not control the content contained in any listings and the condition, legality or suitability of any services. Nichef is not responsible for and disclaims any and all liability related to any and all listings and services. accordingly, any bookings will be made at the client’s own risk.
You must register to create an account (“Nichef Account”) and become a User in order to access certain features of the Site and to book a Service or create a Listing. You may register to join the Services directly via the Site or as described in this section.
To create your User Account, as the Chef or the Client you must first provide Nichef with the minimum personal information via the Site or by connecting with Facebook. Nichef will keep a record your first name, your last name, your email address, profile picture, and, as the case may be, your telephone number and address for security purposes. You hereby confirm that the information, including your profile picture, do not infringe any intellectual property and that they represent you. Nichef is entitled to verify the information that you have provided and to refuse use of the Services without providing reasons.
You expressly agree and authorize Nichef to use your image on the Website. You hereby confirm that you grant a license for use under the conditions set out in the Terms.
Your User Account is strictly personal and may neither be sold nor transferred to any other third party. By using the Services/Booking Services, you agree that:
(i) you will not authorize others to use your account; You will immediately notify Nichef of any unauthorized use of your Nichef Account.
(ii) you will not assign or otherwise transfer your account to any other person or legal entity;
(iv) you will not try to harm the Services/Booking Services in any way whatsoever;
(v) You may not have more than one (1) active Nichef Account.
(vi) you will not copy, or distribute, the Nichef Content (as defined below in Article 9) without written permission from Nichef;
(vii) you will keep secure and confidential your account password or any identification we provide to you which allows access to the Services/Booking Services;
(viii) you will comply with all applicable law of your home nation, and of the country, state and/or city in which you are present while using the Services/Booking Services.
When successfully complete the signing up process with Nichef, Nichef will provide you with a personal account, accessible for you with a password of your choice. Nichef reserves the right to terminate the use of the Services/Booking Services should you not comply with any of the above rules.
Before creating your first Listing, you will be asked to email Nichef a copy or picture of your current driver’s license or non drivers ID prior to creating a new Listing. This is to verify who you are and to make sure the user’s information you have provided via the Site is accurate. Once you are approved, you will have the ability to list an experience. This process will take no longer that 12 hours.
All the listings will be made publicly available via the Site. Users will be able to book your Services via the Site based upon the information provided in your Listing. You understand and agree that once a Client requests a booking of your Services, the price for such booking may not be altered except with the prior consent of the Client and the Chef.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client engagement, with Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any accommodation included in a Listing you post, and (b) not conflict with the rights of third parties. Please note that Nichef assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations. Nichef reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Nichef, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You understand and agree that Nichef does not act as an insurer or as a contracting agent for you as a Chef. If a Client requests a booking of your Services and retains your Services, any agreement you enter into with such Client is between you and the Client; and Nichef is not a party thereto. Nichef serves as the technology used to provide a platform that connects the Chef with the Client. Notwithstanding the foregoing all payments go directly through PayPal and are not filtered through or held within Nichef.
You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Client (and the individuals the Client invites to the place of Services, if applicable.) Nichef recommends that Chefs obtain appropriate insurance for their Services.
BOOKING AND FINANCIAL TERMS FOR CHEFS
The fees displayed in each booking are comprised of the Services Fees (defined below). Where applicable, taxes may be charged in addition to the Services Fees. The amounts due and payable by a Client solely relating to a Chef’s Services are the “Experience’s amount” and an additional amount for the Ingredients Cost and Nichef’s fee which will be only applied to the Experience’s total excluding the ingredients. Please note that it is the Chef and not Nichef which determines the Total amount of payment.
Our payment process is handled using PayPal for payment transactions.
When a Chef receives a booking offer, Chefs have 3 days to accept the Client’s request. Once accepted, the payment is transferred to the Chefs Paypal account. Paypal then processes the payment fee to Nichef from the Chef’s Paypal account.
The process of payment through the Nichef platform is as defined in the 8 steps below.
- The Chef posts an Experience and defines a price for the service plus an additional cost for the ingredients.
- The Client opens the listing page and clicks on the “Experience” that accommodates their needs.
- On the following page, the Client reviews the details of the “Experience” and clicks "Reserve". They are taken to PayPal to complete the payment.
- Once the payment is done, the Client is taken to a page that displays the transaction details. They are told that the Chef needs to accept the transaction before the money is transferred.
- The Chef gets an email notification of a new transaction that needs to be accepted. If the transaction is not accepted within 3 days, the transaction is canceled and no money is transferred. Once accepted, the money (minus PayPal's payment processing fee) is transferred to the seller's PayPal account. Both parties get a receipt of the transaction via email.
- Nichef’s fee is 10% hereby, a second transaction is made automatically. The transaction fee is moved from the Chef’s PayPal account to Nichef’s PayPal account.
- Both users can then discuss freely through the Nichef messaging system to agree on details. When the order is completed (chef has to come to the Client house, cook, clean and serve the food), they can mark the order as completed
- The user can then review the experience they had with the chef.
BOOKINGS AND FINANCIAL TERMS FOR CLIENTS
The Chefs, not Nichef, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site and Services. If you, as a Client, choose to enter into a transaction with a Chef for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Chef and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Chef. You acknowledge and agree that you, and not Nichef, will be responsible for performing the obligations of any such agreements, that Nichef is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Nichef disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Nichef is not a party to the agreement between you and the Chef, Nichef acts as the Chef’s connecting agent for the limited purpose of connecting the Chef with the User. Upon your payment of amounts to the Chef, your payment obligation to the Chef for such amounts is extinguished.
In consideration for providing the Services, Nichef collects a service fees from the Chefs (“Service Fees”). Service Fees are made up of a fee that is charged to the Chef based upon a percentage of the amount of the Chef’s Fees (“Experience Fee”). Where applicable, taxes may also be charged. Chef Payment Fees are deducted from the Total Fees before remitting the Chef’s Fees to the Chef.
Balances will be remitted by Nichef to Chefs PayPal. Except as otherwise provided herein, Service Fees are non-refundable.
PAYMENTS FOR THE MEALS AND FINANCIAL CONDITIONS
The prices for the Meals are available on the Website, are determined and may be modified exclusively by the Chefs. Each Client shall make an online Booking with any Chef offering Meals.
In exchange for the Booking Services, Nichef receives Commission equal to 10% of the price of the Experience indicated by the Chef on the Website. The Commission is deducted by Nichef from the price for a particular Meal paid to Nichef by the Chef.
Nichef may, at any time and at its sole discretion, change rates and payment terms. Nichef will deduct foreign currency processing costs from any payment. Any changes in the schedule will take effect immediately after being posted in accordance with these Terms and Conditions.
CANCELLATIONS AND REFUNDS
If, as a Client, you wish to cancel a confirmed booking made via the Site and Services, prior to the date of Services, the cancellation policy is as follows: If the booking is cancelled by the client 24+ hours ahead of scheduled booking, the chef must refund full amount of booking. If the booking is cancelled by the client with less than 24 hours remaining before scheduled booking, the client forfeits the full payment made to the chef.
If, as a Chef, you wish to cancel a confirmed booking made via the Site and Services, prior to the date of Services, the cancellation policy is as follows: If the booking is cancelled by the chef 24+ hours ahead of scheduled booking, the chef must refund full amount of the booking cost. If the booking is cancelled by the Chef with less than 24 hours remaining before scheduled booking, the Chef must refund the full amount of the booking cost.
DAMAGE TO SERVICES
As a Chef, you are responsible for leaving the premises of Services in the condition it was in when you arrived. You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the premises of Service. In the event that a Client claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Nichef does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. Nichef is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Nichef with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
EXCLUSIONS AND LIMITATIONS ON NICHEF LIABILITY
By accepting these Terms and Conditions and using the Nichef Services/Booking Services, you agree that you shall defend, indemnify and hold Nichef, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(i) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
(ii) your violation of any rights of any third party, including Chefs arranged via the Website, or
(iii) your use or misuse of the Nichef Services/Booking Services.
In the context of the adding of User Content, Nichef acts as a content host and does not play any active role the nature of which might entrust it with knowledge or control of the data stored. Nichef will not be responsible for the User Content that it stores at a User’s request unless, having been made aware of the illegal / unlawful nature of any user content under the form and conditions of United States Law, Nichef should not have promptly removed said user content or rendered it inaccessible.
Nichef is under no obligation of performance or any obligation of best endeavor in relation to the functioning of the Website. Nichef shall under no circumstances be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or destruction or unauthorized action, nor for any alteration to communication with any user. Nichef reserves the right to temporarily suspend access to its services for technical reasons or for maintenance without these operations giving any rights to any kind of compensation whatsoever.
Nichef shall under no circumstance be held responsible:
(i) toward the Chef or toward the Client for the satisfactory outcome of Meals organized by Chefs;
(ii) for acts committed by Users, including if such act is committed in the context of use of Website or of a service offered by Nichef
The User agrees to make it his/her own responsibility with regard to regulations, in particular, without this list being exhaustive, taxation, administrative, and civil regulations, which might apply to him/her either as a Chef or as a Client, or as a simple user.
Neither Nichef nor its directors, employees, nor its agents shall under any circumstance be held responsible for any damage, either direct or indirect, resulting from use of Website or of the services provided there.
Any complaints about the meals and Chefs should be submitted to firstname.lastname@example.org in accordance with the provisions of our Claim Policy.
The information, recommendations and/or services provided to you through the Website is for general information purposes only and does not constitute advice. Nichef will use reasonable endeavours to keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.
Nichef shall not be liable for any damages resulting from the use of (or inability to use) the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of information or the Website, unless such damage is the result of any wilful misconduct or gross negligence on the part of Nichef.
Nichef shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Nichef's aggregate liability to you shall in no event exceed an amount of 20 USD or, where applicable, the equivalent of that amount in the currency used by you for the payment for the meal services provided to you by the Chef.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
-defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless the Site and the Services specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another Member that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Site and the Services;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- use our Site or Services in connection with the distribution of unsolicited commercial email ("spam");
- register for more than one Nichef Account or register for an Nichef Account on behalf of an individual other than yourself;
- contact a Chef for any purpose other than asking a question related to a booking, such Chef’s Services or Listings;
- contact a Client for any purpose other than asking a question related to a booking or such Client’s use of the Site and Services;
- when acting as a Client or otherwise, recruit or otherwise solicit any Chef or other Member to join third party services or websites that are competitive to Nichef, without Nichef’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use the Site and Services to find a Chef or Client and then complete a booking of an accommodation transaction independent of the Site or Services in order to circumvent the booking via the Site of the Services;
- as a Chef, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
or post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or any individual element within the Site or Services, Nichef’s name, any Nichef trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Nichef’s express written consent;
- access, tamper with, or use non-public areas of the Site or Nichef’s computer systems, or the technical delivery systems of Nichef’s providers;
- attempt to probe, scan, or test the vulnerability of any Nichef system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Nichef or any of Nichef’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Nichef will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Nichef may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Nichef has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Nichef reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Nichef, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Nichef reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nichef's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children when using the Site, Services or Collective Content. Nichef does not control or endorse the content, messages or information found in the Collective Content, therefore, Nichef specifically disclaims any liability with regard to the Collective Content and any actions resulting from your participation in any Collective Content. Managers and Chefs are not authorized Nichef spokespersons, and their views do not necessarily reflect those of Nichef.
USER CONTENT ON THE WEBSITE
In order to enable Clients to find out more about the Chef and his/her Meal, each Chef is obliged to publish texts about him/herself and his/her respective Meal, and the pictures of himself/herself. Each Client is allowed and invited to write reviews on the Chef’s profile relating to the Meals in which they have participated (“User Content”). Such User Content shall be the property of, respectively - the Chef or the Client, and the Chef/Client shall be solely responsible for their User Content,
By publishing the User Content you hereby accept that it will be available to the public. Therefore you agree that everyone may access the User Content. You acknowledge that:
(i) the User Content does not confer any rights upon you, of any nature whatsoever and no property rights, including intellectual property rights, on the Nichef Website and/or its content (other than User Content alone);
(ii) You hereby grant Nichef a worldwide, non-exclusive, transferable, sub-licensable, free license to use the User Content and you hereby empower Nichef to edit the User Content on the Website, to reproduce it (in whole or in part), to represent it, to translate it, to group it with other User Content or elements of the Website, to remove certain words in order to use them in search tools, to use it for promotional or commercial purposes. The license expires when you delete the User Content through your User Account.
However, please be informed, that:
(i) the User Content is neither edited nor moderated by Nichef, but the deleted User Content may still be visible in back-up copies for a certain time, including on search engines operated by third parties;
(ii) deleted User Content may be copied and kept by Nichef for archival purposes and, in particular, to allow it to defend its rights if necessary, and you irrevocably authorize Nichef to do so;
(iii) You authorize Nichef to use the User Content without financial compensation, and particularly to use it both for purposes of external and internal communication, and for institutional, events, promotional or advertising purposes;
Nichef is not obliged to store your User Content and/or to publish your User Content.
You acknowledge that Nichef can, at any time and without prior notice, delete your User Content from the Website.
LINKED SITES -- PAYPAL
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Nichef and Nichef is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nichef is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nichef of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Nichef may share such information and data with any third party with whom Nichef has a contractual relationship to provide the requested product, service or functionality on behalf of the Members.
Nichef respects copyright law and expects its users to do the same. It is Nichef’s policy to terminate in appropriate circumstances the Nichef Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Nichef respects copyright law and expects its users to do the same. It is Nichef's policy to terminate in appropriate circumstances use of the Nichef Services by Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
Nichef alone shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Services.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Services, or any intellectual property rights owned by Nichef. Nichef's name is the trademark of Nichef, and no right or license is granted to use them.
The elements that make up the Nichef Website and particularly its editorial content, graphics, applications, software, and its features, with the exception of User Content, (hereinafter referred to collectively as the “Website Content”), are the exclusive property of Nichef and its rightful owners. Any reproduction, imitation, or insertion, either in whole or in part, of any of the elements of the Website Content belonging to Nichef is strictly forbidden without the prior written agreement of Nichef.
The Website Content cannot be modified, copied, distributed, boxed, reproduced, downloaded, displayed, published, transmitted, or sold in any form whatsoever or by any means whatsoever, either in whole or in part, without the prior written agreement of Nichef. You are authorized to use the Nichef Website and the Website Content under the conditions set out in this agreement. Any use of the Website or of the Website Content other than that allowed in this agreement, or in contravention of applicable legislation or third party rights, is strictly forbidden.
TERM AND TERMINATION, INVALIDITY, MODIFICATION OF SERVICE, ASSIGNMENT
Termination. This agreement in respect of the Terms between Nichef and you shall (subject to this paragraph) subsist for an indefinite period. You are entitled to terminate the agreement in respect of the Terms at any time. You can close your user account at any time by following the instructions on the Website.
Nichef is entitled to terminate this agreement in respect of the Terms at any time and with immediate effect (by disabling your use of the Nichef Services/Booking Services) if you:
(i) violate or breach any term of these Terms, or
(ii) in the opinion of Nichef, misuse the Nichef Services/Booking Services.
Nichef is not obliged to give you notice of such termination in advance. After termination Nichef will give notice thereof in accordance with these Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time deactivate or cancel your Nichef Account. In the event Nichef terminates these Terms, or your access to our Site and Services or deactivates or cancels your Nichef Account you will remain liable for all amounts due hereunder. Please note that if your Nichef Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to any reviews.
Invalidity: The invalidity of any part of these Terms shall not affect the validity of the other provisions thereof. If and to the extent that any part of these Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the invalid part as much as possible, taking into account the content and the purpose of these Terms.
Modification of Service and User Terms: Nichef reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services or via email. Nichef may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Notice: Nichef may give notice by means of a general notice on the Services/Booking Services, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you.
Assignment: You may not assign any of your rights under these Terms without prior written approval of Nichef.
NICHEF- CLIENT’S REGULATIONS
The document below contains important regulations determining your rights and obligations as the Client of Nichef’s Chefs. By using the Website you agree that the provisions of our Generals Terms and Conditions and the Regulations below apply to you.
“Nichef” means Nichef Technologies LLC, a Limited liability company registered and incorporated the United States Of America. (hereinafter referred to as “Nichef”, “we”, “us”).
The Terms and Conditions along with the Regulations constitute the whole agreement between you as the Client and Nichef. In case of discrepancies between the provisions of the Terms and Conditions and the provisions of the Regulations, the provisions of the Terms and Conditions shall prevail.
If you do not agree to be bound by the Terms and Conditions, you are not allowed to use the Website and you should exit it.
All definitions or terms expressed in capital letters and used in these Regulations shall have the same meaning as to prescribed to them in the Terms and Conditions.
To become a Client, you are obliged to create your Nichef account, as defined in the Terms and Conditions.
When you make a Booking, you should notify the Chef thoroughly of any foods or drinks to which you may be allergic and/or that you may refuse to eat or drink for whatever reason. You cannot ask the Chef to replace a dish by another one. You are fully aware of the fact that the food you will eat is homemade and therefore you eat and drink, at your own risk. Nichef cannot be held responsible for the food offered. For the Cancellation and Claim Policy, please see our FAQ page here
You represent and warrant that you will pay all fees incurred with your Booking. Failing to settle your payments incurred with your Booking, will prevent you from executing your Booking with Nichef. Notwithstanding the above, Nichef shall reserve the right, but have no obligation, to obtain any other remedies available by law.
Except as provided in the Terms and Conditions, these Regulations and the Regulations for the Chefs, Nichef is not liable for any damage resulting from the Booking.
The Experiences displayed on the Website are offered by the Chefs, as defined in appropriate provision of the Terms and Conditions.
Before any Booking, please read carefully these Regulations and the Terms and Conditions. Should you have any questions or requests, we invite you to contact the Chef prior to any Booking.
CHEF’S DUTIES AND OBLIGATIONS
You agree and you accept that the Client may come from various cultures. Therefore you agree to be open, respectful and not to discriminate anybody on any ground, as well as not to discriminate their respective cultures and/or religions.
Your are not allowed to interfere with your Client’s property; touch or move his/her personal property and any objects. You agree not to damage the Client’s premises and the building where the Client lives.
You agree to respect your Client’s neighbors and not to behave in such a way that may cause any nuisance, particularly noise.
If you fail to comply with one or more of the duties listed in Articles listed above, you shall be responsible for any potential claim of a third party or of the client.
You are responsible to make yourself familiar with the fiscal or administrative regulations that may apply to you.
Nichef may, at any time and at its sole discretion, convert a free of charge service to a fee-based service, and change rates and payment terms.
The Meal Preperation of the Chef shall last no longer than determined in a particular offer. You hereby confirm that you will leave the Client’s premises at the request of your Client and, in every case, upon the lapse of the time limit as determined by the Client. Nichef shall not be liable for the fact if you fail to comply with this duty.
RESPONSIBILITY - INSURANCE
Nichef shall not be liable for your failures to comply with any obligations resulting from your Booking and/or meal contract with the Client.
OTHER IMPORTANT INFORMATION
You agree and confirm that you understand that your Chef might damage your property, may be sick and infect you; may divulge and/or use personal information communicated to them by you. Nichef shall not be liable for such damage.
PHOTOGRAPHS PUBLISHED BY THE CHEF
You acknowledge that photographs published by the Chef are for information purposes only and that the meal which will be offered to you may look differently.
AMENDING THE REGULATIONS
The Regulation can be amended and at the sole discretion of Nichef at any time. Any amendment and/or modification comes into force upon its disclosure at the Website.
If you continue to use the Website as a Client, you confirm that you accepted the amendments to the Client’s Regulations.
If you do not accept the aforementioned amendments you are not allowed to use the Website and to do new Bookings.
If you fail to comply with the Terms and Conditions as well as with the Regulations, Nichef has the right to cancel your access to the Website (without prior notice). Irrespective of the above, Nichef is entitled to further claims, in the case of incurring damages for such failure.
GOVERNING LAW AND JURISDICTION
This Regulation is governed in accordance with the laws of the United States
Any dispute between the Client and Nichef under these Regulations, will be subject to the jurisdiction of competent courts in the United States.
Before undertaking legal action in the event of such a dispute, we would encourage you to contact us in order to try to resolve any dispute amicably: email@example.com.
NICHEF- CHEF’S REGULATIONS
The document below contains important regulations and clauses that determine your rights and obligations as a Nichef Chef. By using the Website you agree that the provisions of our Generals Terms and Conditions and the Regulations below apply to you.
The Meals disclosed on the Website are published and offered by the Chefs, as defined in appropriate provision of the Terms and Conditions.
Before the creation of your Meal, you are obliged to read carefully the Terms and Conditions, in particular the respective provisions about online payments, Nichef Commission and the cancellation policy provisions.
CHEF’S DUTIES AND OBLIGATIONS
You agree and you accept that the Clients may come from various cultures. Therefore you agree to be open, respectful and not to discriminate anybody on any ground, as well as not to discriminate their respective cultures and/or religions.
You agree and confirm that you will conform with the appropriate regulations of your country / city / region regulating the preparation of food (in particular safety and hygiene regulations), sale of alcohol and taxation.
Your are not allowed to interfere with your Clients’ property.
You are obliged to provide your Meal offer clearly, in particular: describe dishes that will be served and drinks which will be offered, as well as the duration of your Meal. Should any Client inform you of any food allergy, you are not obliged to accept his/her Booking. However, if you accepted such Booking, you are obliged to respect the dietary requirements of such Client.
You hereby accept and confirm that Nichef does not guarantee the number of Clients and therefore does not reimburse you the costs of food products incurred by you on the basis that you expected more Clients that finally confirmed.
If you fail to comply with one or more of those obligations listed above in Article above, you shall be responsible for any claim by any third party or the Client.
You hereby accept that, in exchange for the Services and Booking Services, Nichef receives Commission in the amount of 10 % of the price of the Meal indicated by a Chef on the Website.
By the acceptance of the Booking, you enter into a separate contract with the Client (“the Meal Contract”). Nichef is not a party thereof.
RESPONSIBILITY - INSURANCE
Nichef shall not be liable for any of your failure to comply with any obligations resulting from the meal contract(s) with the Client(s). In case of any claim between you and the Client, they should be resolved between the parties of the Meal Contract.
Except as provided in the Terms and Conditions, these Regulations and the Regulations for the Clients, Nichef shall not liable for any damage resulting from the Booking.
OTHER IMPORTANT INFORMATION APPLICABLE TO CHEFS
You agree and confirm that you understood that it may happen that your Client and/or one of the other guest might break or damage your property, may be sick and infect you; may divulge and/or use personal information communicated to them by you, for purposes other than the Nichef Booking alone.
Nichef shall not be liable for any such damage.
AMENDING THE REGULATIONS
The Regulations can be amended at the sole discretion of Nichef at any time. Any amendment and/or modification comes into force upon its disclosure at the Website.
If you continue to use the Website as a Chef, you confirm that you accept any amendments to the Chef's Regulations.
If you do not accept the aforementioned amendments you are not allowed to use the Website and to do new Bookings.
Use of the Website as a Chef is considered to be null and void if it is done in violation of the Regulation.
If you fail to comply with the Terms and Conditions as well as with the Regulations, Nichef has the right to cancel your access to Nichef (to be done without notice). Irrespective of the above, Nichef may make further claims, in the case of incurring any damages.
GOVERNING LAW AND JURISDICTION
This Regulation is governed in accordance with the laws of the United States.
Any dispute between the Chefs and Nichef under these Regulations, will be subject to the jurisdiction of competent states in the United States.
Before undertaking legal action in the event of such a dispute, we would encourage you to contact us in order to try to resolve the dispute amicably, by e-mail at the following address: support@Nichef.com
Members agree that use of the site and the services is entirely at your own risk. Clients agree that interactions with chefs found on or through the services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between clients and the chefs, regardless of whether Nichef acts as an intermediary for members' communication with the chefs or members' payment for chef service. Members agree that members will make whatever investigation members feel necessary or appropriate before proceeding with any transaction with any chefs.
The site and the services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, nichef disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the site and the services. To the fullest extent permitted by law, Nichef disclaims any warranties for other services or goods received through or advertised on the site or services, or accessed through any links on the site. To the fullest extent permitted by law, nichef disclaims any warranties for viruses or other harmful components in connection with the site or the services.
No advice or information, whether oral or written, obtained from Nichef or through the site, services or collective content, will create any warranty not expressly made herein. But may conduct such background checks in its users. You are solely responsible for all of your communications and interactions with other users of the site, or services and with other persons with whom you communicate or interact as a result of your use of the site, or services, including, but not limited to, any chefs or clients. You understand that nichef does not make any attempt to verify the statements of users of the site or services or to review or visit any accommodations. Nichef makes no representations or warranties as to the conduct of users of the site or services or their compatibility with any current or future users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, but not limited to, clients and chefs. Notwithstanding Nichef’s appointment as the limited agent of the chefs for the purpose of accepting payments from clients on behalf of the chefs, nichef explicitly disclaims all liability for any act or omission of any client or other third party.
Applicable Law and Dispute Resolution: The Terms and Conditions are subject to the laws of the United States. Any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website or the Services/Booking Services will be determined exclusively by the competent court in The United States, unless you notify Nichef within one month after Nichef invoking its right pursuant to this provision to commence court proceedings in The United Kingdom, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
Language: The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into another language, the English text shall prevail.
Illegal Content. Should you notice illicit or illegal content on Nichef Website, feel invited to send us written notification by email to the address support@Nichef.com, including the following information: (i) identification of the content concerned, (ii) information to enable us to locate the content in question on the Nichef Website, (iii) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number, (iv) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of said owner.
Cookies and Personal Information. You agree that Nichef may store personal and other information about you on your computer in the form of “cookies”. The use of these cookies solely concerns the functioning of the Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your computer, this ban or restriction may have an unfavorable effect on your use of the Website. You acknowledge and agree that Nichef can also store your personal information on computers. By using the Website, you agree that we may be obliged:
(i) to store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure;
(ii) Enforce the terms of these Terms and Conditions
(iii) Respond to complaints about any User Content;
(iv) Protect the rights, property and security of Nichef, of users, and the public.
Legal Information. The Website was developed by Nichef Technologies a limited liability company registered and incorporated in The United States. Nichef possesses all ownership rights over the Nichef Website as well as over the content of the Website. The Nichef Website is hosted in The United States.
For any question relating to the Website or to the functioning of the Booking Services/Services, you can contact us by the following means e-mail: Support@Nichef.com
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall nichef be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data; profits or goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these terms, from the use of or inability to use the site, services or collective content, from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site, services, whether based on contract, tort, negligence, strict liability or otherwise, and whether or not nichef has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable chefs pursuant to these terms, in no event will Nichef’s aggregate liability arising out of or in connection with these terms and your use of the site and services exceed the amounts you have paid or owe for bookings via the site and services as a client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a chef, the amounts paid by nichef to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Nichef and you.
You agree to indemnify, defend and hold harmless Nichef, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or the Services, your Member Content, your creation of a Listing, your violation of any terms of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nichef reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nichef in asserting any available defence.
These Terms will be interpreted in accordance with the laws of The United States, without regard to its conflict-of-law provisions.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply. The place of arbitration shall be Boston.
CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nichef as a result of these Terms or use of the Site or the Services.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
The failure of Nichef to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nichef. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Nichef (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Nichef welcomes your questions or comments regarding the Terms:
Email Address: firstname.lastname@example.org
Direct Line: +1 603-531-2244