Terms & Conditions
Last Updated: June 1, 2017How the Individual would like to get the Meal, either cooked at their home of place of work, delivery or pickup
Contact details: email, phone number
Special requests regarding food preparation
Once an Individual submits an order, Chefs will be able to log into their account and view the order, which now constitutes a contract (“Meal Contract”). We can’t guarantee that every Meal will arrive exactly within the timeframe you select. If a Meal arrives early or late, you agree that you will still accept the Meal and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery. Please review our Delivery and Cancellation policy, located here http://www.COOKINforme.com/delivery-cancellation-policy. Following the last cancellation period, all sales are final. However, if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason, and if we cancel your order, you will be refunded for any payments made.Chefs and Individuals agree that their transaction of ordering and preparing a meal is a direct contractual relationship with the other in the Meal Contract. If you are an Individual, you and on behalf of your other individuals in your household or other persons who are consuming the meal agree that this contractual relationship is formed when the Chef offers a meal and an Individual accepts and pays for the meal. Each Meal Contract shall also contain the following terms:
Each Individual and Vendor agree that COOKIN offers a technology services platform, connecting Individuals and Vendors, to provide the meal and COOKIN is not involved in the preparation of food. COOKIN’s sole responsibility with respect to Orders is limited to: (i) facilitating the availability of the food preparation services, and (ii) serving as the limited authorized agent of the Vendor for the purpose of accepting payments from Individuals on behalf of the Vendor and transmitting such payments to the Vendor.
Vendor shall perform food preparation services for Individuals (alone or for other Individuals) in a timely, professional and workman like manner, in accordance with the applicable meal order and generally accepted industry standards.
Vendor and Individual acknowledge that COOKIN does not, in any way, direct or indirectly control Vendor’s food preparation services to Individuals. As such, you each, that is, Individual and Vendor agree to indemnify, hold harmless and defend COOKIN from any and all claims arising out of or related to the Meal Contract, including but not limited to claims arising out of the food preparation services by Vendor to Individual and its guests.
Payment TermsIf you are an Individual, you agree to pay and authorize COOKIN’s third party payment processor to charge via credit card or third party payment processing account. All meals are payable by our third-party payment processor, Braintree, and are subject to the Braintree Connected Account Agreement, which includes the Braintree Terms of Service (collectively, the “Braintree Payment Processor Services Agreement”). By agreeing to these terms or continuing to operate as a Vendor on COOKIN, you agree to be bound by the Braintree, Services Agreement, as the same may be modified from time to time. As a condition of COOKIN enabling payment processing services through Braintree, you agree to provide COOKIN accurate and complete information about you and your business, and you authorize COOKIN to share it and transaction information related to your use of the payment processing services provided by Braintree. Accessing the Services and Account SecurityTo access the Services you will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete.If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms. We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.LicensesCOOKIN grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services or the information solely for their intended purpose and not to modify all or any portion of the Services. This license does not include any right to authorize third party use of the Services or their contents; any collection and use of any information, descriptions, or any derivative use of the Services or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without COOKIN’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of COOKIN, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Intellectual Property RightsThe Services, including our platform and the Services’ entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by COOKIN, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Trademarks/No EndorsementAll trademarks, service marks and trade names of COOKIN or its licensors herein (including but not limited to: COOKIN name, the terms COOKIN, the Services’ design and any logos, logo designs and slogans) (collectively “Marks”) are trademarks or registered trademarks of COOKIN or its affiliates, partners, vendors or licensors. You must not use such Marks without the prior written permission of COOKIN. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners. The use of COOKIN Marks on any other web site or network computer environment is not allowed. You shall not use COOKIN’s name or any language, pictures or symbols which could, in COOKIN’s judgment, imply COOKIN’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent. Access and Prohibited UsesYou may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the terms set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate COOKIN, a COOKIN employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm COOKIN or users of the Services or expose them to liability.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
User Contributions and FeedbackThe Services will contain user account profiles and other interactive features (collectively, “Interactive Services”) that allow Individuals and Vendors to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, including any feedback on the Services (“Feedback”), you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. Additionally, in the case of Feedback you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not COOKIN, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services. Right to Takedown User Contributions and Monitoring and EnforcementWe have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for COOKIN.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Act in an emergency to protect the personal safety of our visitors, the users, the Services, or the public.
Terminate or suspend your access to all or part of the Services for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COOKIN AND OUR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COOKIN ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COOKIN OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.Content StandardsThese content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Link from your own or certain third-party web sites to certain content on our web site.
Send e-mails or other communications with certain content, or links to certain content, through the Services.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any web site that is not owned by you.
Cause the COOKIN web site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other web site.
Link to any part of our web site other than the homepage.
You are at least 18 years or older.
All information provided to COOKIN in your Vendor application and in any other written or oral communication with COOKIN is true, accurate and complete.
You will not make any misrepresentation regarding COOKIN, your status as a Vendor, the Services or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
You have and will continue to possess a food handler certification, are authorized, as applicable in the delivery of your meals, to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide food preparation to third parties in all jurisdictions in which you use the Services.
You own, or have the legal right to operate, the vehicle you use to deliver meals, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You have, and will maintain in force, a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any claims of personal injury or death or tangible or intangible property damage (including loss of use) that may arise out of any act or omission by you.
You are named or included or scheduled on the insurance policy covering the vehicle you use when delivering meals under the Meal Contract.
In the event of a motor vehicle accident, you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with your insurance carrier.
You will obey all laws related to the matters set forth herein, and will be solely responsible for any violations of such laws.
You will not discriminate against Individuals on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Failure to comply with any of the above representations and warranties can result in removal of access to the Services or termination of your status as a Vendor, in our sole discretion.
This is a legal agreement between you, whether you are an individual, visitor to the website, or Vendor with COOKIN that states the material terms and conditions that govern your use of the Services. This Agreement, together with all updates, supplements, additional terms, and all of COOKIN’s rules and policies collectively constitute this agreement between you and COOKIN (“Terms” or “Agreement”). BY ACCESSING THE SERVICES AND/OR PARTICIPATING IN THE SERVICES, YOU AGREE THAT YOU HAVE ALL NECESSARY RIGHTS AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE LEGALLY BOUND BY THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT COOKIN IS A TECHNOLOGY SERVICES PROVIDER AND COOKIN DOES NOT PROVIDE FOOD PREPARATION SERVICES. COOKIN OFFERS INFORMATION AND IT IS UP TO INDEPENDENT THIRD PARTY VENDORS TO OFFER FOOD PREPARATION SERVICES. ANY DECISION BY YOU TO ACCEPT FOOD PREPARATION FROM A VENDOR IS A DECISION MADE BY YOU AT YOUR SOLE DISCRETION. COOKIN DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY FOOD PREPARATION SERVICES VOLUNTARILY PROVIDED TO YOU BY SUCH INDEPENDENT THIRD PARTY VENDOR.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Who can Use the Services?
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with COOKIN and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. Additional terms (“Additional Terms”) apply to Vendors who wish to provide food preparation services to users.
For Vendors, the Services are offered and available only if you are 18 years of age of older, and you must be capable of forming a legally binding agreement and not otherwise be barred from providing food preparation services. In order to become a Vendor, you can download our application and apply there. You must also have a mobile phone that is capable of using our App and you must agree to all COOKIN policies and rules relating to your interactions with Individuals who purchase meals. You agree that we may perform a review to determine your eligibility to use the Services as a Vendor. You agree that when requested by us that you will provide any required or applicable documentation, including any necessary insurance policies or business licenses. You agree that COOKIN shall have the right to determine whether or not you may become a Vendor, and that we cannot guarantee or promise to you that you will or can become a Vendor.
COOKIN reserves the right, in its sole discretion to terminate access to the Services to any Vendor or Individual in its sole discretion.
Independent Contractor Relationship with Vendor
If you are a Vendor, you understand, acknowledge and agree that you are not an employee of COOKIN in any regard and that nothing in this Agreement will be construed as establishing an employment or agency relationship between you and us, and that you have no authority to bind COOKIN by contract or otherwise. As an independent contractor, you agree that you will determine, in your sole discretion, the manner and means by which you provide meals to Individuals and that you will at all times comply with all applicable laws, these Terms, the Meal Contract, the Delivery and Cancellation Policy and any other guidelines or rules provided to you by us.
As an independent contractor, you agree that you will report to all applicable government agencies as income all payments received by you pursuant to these Terms. This means you will be solely responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you. You are not entitled to any benefits paid or made available by COOKIN to its employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by COOKIN pertaining to any bonus, stock option, profit sharing, insurance or similar benefits. You agree to defend, indemnify and hold harmless COOKIN and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from your breach of the foregoing obligations.
We may revise and update these Terms from time to time in our sole discretion. When we make a revision, we will let you know by posting the revised Terms on the website, in our App or through other communications. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any material changes to these Terms or changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. We further reserve the right to discontinue all or any part of the Services at any time and without notice in our sole discretion.
Meal Order Terms
COOKIN provides a platform that enables Individuals to purchase meals (“Meal”) from Cooks and Chefs. Using the Services, individuals may review Chefs, their menus, dates of availability, delivery options, and then order a Meal, which has all necessary information including: