Last updated: August 03, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.personalchefstaffing.com website (the "Service") operated by Personal Chef Staffing LLC (“PCS”, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Our Service
PCS offers a communication platform (“Platform”) for enabling connection between individuals seeking to obtain services (“Customers”) and/or individuals seeking to provide services (“Chefs”). Customers and Chefs together are referred to as “Users”. Those certain services requested by the Customers, which are to be completed by the Chefs, are hereinafter referred to as "Professional Services". PCS does not itself provide Professional Services. The provision of all Professional Services is up to the Chefs, which may be scheduled through use of the PCS Platform. PCS, THROUGH THE PCS PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS A RESTAURANT OR CATERER OR CHEF, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR FOOD PRODUCTS PROVIDED TO THE CUSTOMER BY CHEFS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
PCS checks the backgrounds of Chefs via third party background check services. However, each Customer should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE PCS PLATFORM, CUSTOMERS AGREE TO HOLD PCS FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. PCS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CUSTOMERS OR CHEFS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
Payments
Users of the PCS Platform contract for Professional Services directly with other Users. PCS is not a party to any contracts for Professional Services. The PCS Platform facilitates these contracts by supplying a medium through which Customers can connect with Chefs, schedule Professional Services, and make payments for Professional Services ("Payments"). Customers are obligated to confirm payment in advance for the Professional Services they order through the PCS Platform. PCS will charge the Customers credit card according to the amount the Customer has agreed to on the PCS Platform with the Chef. PCS processes the payment on behalf of the Chef, and retains a booking fee for providing the Platform for Users to communicate and for processing the payment. Customers hereby authorize us to charge the credit card provided by the Customer. We will use third party services to process credit card information. By accepting this Agreement, you are giving PCS (or a third-party payment processor on PCS’s behalf) permission to charge your credit card, debit card, or other approved methods of payment for fees that you owe Chefs through PCS. Depending on the transaction you selected or services requested, PCS may charge you on a one-time or recurring basis. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply to us is true, correct, current and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with PCS at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction.
All Payments by Customers must be made through the PCS Platform. No refunds or credits will be provided once the Customer's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Customers will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on PCS's income).
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or instructions on the Platform.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness
.By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Personal Chef Staffing LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Personal Chef Staffing LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
By creating an Account with us, you grant us the right to use your information to conduct background and identity checks using third party service providers.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Personal Chef Staffing LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Personal Chef Staffing LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Personal Chef Staffing LLC
Personal Chef Staffing LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Personal Chef Staffing LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Personal Chef Staffing LLC and its licensee and licensors, 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 attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Personal Chef Staffing LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Personal Chef Staffing LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact UsI
f you have any questions about these Terms, please contact us.
Our rules for Chef account holders and applicants
As shown on the public pages of our website, the following rules apply to users who have created or applied for a Chef account with us:
- The price you quote needs to be the full price, including all ingredients, our fees, your travel costs, etc. You cannot ask the customer for any additional money, including tips. Lack of adherence to this will have you immediately removed from the platform.
- You must cook the menu that you agreed with the customer. It is up to you to manage sourcing the ingredients, so be careful with certain in season foods that may not always be readily available.
- You cannot cancel a confirmed job. If you cancel more than 1 job in a 3 month period you will be removed from the platform. If you are a no show, you are immediately removed.
- You need to arrive at the customer's’ home on time and dressed in appropriate smart casual cooking attire. A traditional chef's’ outfit is not required but you must be dressed in a manner that allows you to safely and hygienically cook.
- You cannot direct customers off the platform. We continue to invest a lot in building Personal Chef Staffing as a active and fair marketplace for Chefs to find gigs to work as a Private Chef. As a result, Chefs are not allowed to direct Customers off the Personal Chef Staffing platform or complete bookings outside of the platform where Personal Chef Staffing has provided the introduction. Specifically: Chefs cannot reference their external websites or catering businesses or provide emails or phone numbers in their profile, proposals or set menus, Chefs can provide their phone number or email to customers only if specifically requested by the customer, Chefs cannot accept bookings or accept payments from customers outside of the platform where Personal Chef Staffing has provided the introduction. Chefs who do not adhere to these rules will be removed from the platform.
- As an independent contractor, it is your duty to handle ingredients and cook in a safe and hygienic manner that meet or exceeds local requirements. Above all else, don't let your reputation be ruined by poor standards
- You must clean up after you have cooked your meal, leaving the customer's kitchen in the same state as you found it. Remember, this is the last impression that customers will have of you, so make it a good one and don't ruin all your good work from earlier in the night.
In addition, any other form of instruction or guidance Content on the Site, such as the FAQS or ‘tips and tricks’ also form part of these Terms and Conditions
Our rules for Customer account holders and applicants
As shown on the public pages of our website, the following rules apply to users who have created or applied for a Customer account with us:
- No last last minute changes like extra people or special food requests unless agreed with chef. Your chef has put his or her creative heart into your meal. Don't put them in a position where they feel they can't succeed to their own standards.
- Your kitchen needs to be clean and as described for the chef. This means no big sink of unwashed dishes or a stove that does not work. Set them up for success so that your meal is a success.
- Be friendly and courteous to your chef. They are a guest in your home and sharing something special with you - their cooking. Be nice, offer them a welcome drink, and make it a special experience for both of you.
- No additional payments to chefs. We have an agreed full price policy that aims to make pricing and payment clear and simple. Chefs are not allowed to accept additional payment (like tips) at the home.
- If you cancel after confirmation, there are charges. There is no charge or commitment if you cancel a request before confirming a booking with a chef through our site. If you cancel after confirmation, there are cancellation charges: 30% of the meal price up until 3 weeks before the meal, 50% for cancellations made between 3 weeks and 48 hours before the meal, and a 100% charge for any cancellation made less than 48 hours before the meal booking time. These charges are to compensate chefs for lost work opportunities and ingredients purchased, and the platform for booking management.
In addition, any other form of instruction or guidance Content on the Site, such as the FAQS or ‘tips and tricks’ also form part of these Terms and Conditions
PRIVACY POLICY
Last updated: August 13, 2018
Personal Chef Staffing ("us", "we", or "our") operates the www.personalchefstaffing.com website (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.personalchefstaffing.com
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information ("Personal Information").
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
By creating an Account with us, you grant us the right to use your information to conduct background and identity checks using third party service providers.
Log Data
We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Behavioral Remarketing
Personal Chef Staffing LLC uses remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service.
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Pinterest remarketing service is provided by Pinterest Inc.
You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data
You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy
Do Not Track Disclosure
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Business Transaction
If Personal Chef Staffing LLC is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.
Security
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
International Transfer
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
This Privacy Policy is effective as of August 10, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Contact Us
If you have any questions about this Privacy Policy, please contact us.
