TERMS OF SERVICE

PLEASE READ CAREFULLY. BY USING THIS WEBSITE OR MOBILE APPLICATION YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING TERMS OF SERVICE IN ITS ENTIRETY WHETHER OR NOT YOU REGISTER ON THE WEBSITE OR MOBILE APPLICATION OR NOT, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, PLEASE DO NOT USE THIS WEBSITE OR MOBILE APPLICATION

 

These Terms of Service govern the use of the website and mobile application and services offered via this website or mobile application (collectively the “Site”) operated by PS-Square, Inc. (“we”, “us”, “our” or “KitchKarma”). KitchKarma provides the website or mobile application on which professional and amateur chefs (“provider”) can input their profile information and individuals can hire them to cook meals for them at a mutually agreed location, and in some cases to have the chef(s) purchase and provide the ingredients for such meals. Such individuals and not KitchKarma are responsible for delivering the products and services to consumers. Our search functions enable the individuals to narrow down the chefs they are interested in based on their needs and preferences. Collectively individuals providing the products and/or services and the consumers purchasing them are referred to as “you” or “Users”). The terms and conditions of our privacy policy (“Privacy Policy”) also govern your use of the Site.

We reserve the right at any time to change or supplement or delete any of the terms and conditions contained in these Terms of Service and/or the Privacy Policy without prior notice to you. We will post a notice regarding significant revisions on this Site, or we may email you. You should periodically check the website for updates to the terms. Your continued use of the Site following any revisions to these Terms of Service or the Privacy Policy (collectively referred to as “terms”) constitutes your acceptance of such revised Terms of Service and/or Privacy Policy and such revised terms supersede the previous terms and conditions.

SERVICES

We reserve the right to limit the availability of services provided via our website or mobile application to any person or geographical area. However, we do not in any way control or restrict the ability of Users to provide or receive the same or similar services outside our geographical area, or through any other platform or service within our geographical area. We may do this on a case-by-case basis. All descriptions of services pricing are subject to change at anytime without notice. We reserve the right to discontinue any service at any time. Any offer for any product or service made on this Site is void where prohibited.

The information posted on the Site is based on the information provided by its Users. We have not verified the information and we do not warrant that product or service descriptions or other content on this Site is accurate, complete, reliable, current or error-free.

ALLERGIES AND DIETARY RESTRICTIONS

If you are allergic to certain foods, or you have any other dietary restrictions, it is your responsibility to communicate the same to the provider. We are not responsible for any loss or injury or damage or liability resulting from use of allergic foods or non-compliance with dietary restrictions.

BACKGROUND CHECKS AND REFERENCES

You can authorize us to perform comprehensive background checks on you in connection with your use of the Site. We may use third parties to provide this service. By using our Site you give us consent to perform these background checks and to display on your profile that such check has been performed. However, we use third parties only to perform the background checks and we do not assume any liability for the reliability or truthfulness of any information obtained from such background checks. You are responsible for doing your own due-diligence and background checks when dealing with any User of this Site. WE ARE NOT LIABLE FOR THE CONDUCT OF ANY USER OR PRODUCTS OR SERVICES PROVIDED BY ANY USER OF THE SITE AND YOU HEREBY EXPRESSLY AGREE TO RELEASE US FROM ANY AND ALL LIABILITY RELATED TO THE CONDUCT OF USERS OR PRODUCTS OR SERVICES PROVIDED BY ANY USER OF THE SITE AND ANY CLAIM OF LOSS OR INJURY OR DAMAGE ARISING FROM YOUR USE OF THE SITE.

Certain Users may provide references and you understand that these references are not provided by us. We do not assume any liability resulting from your reliance on such references.

BILLING, PAYMENTS AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place through our Site. If we make a change to or cancel an order, we may attempt to contact you using the e-mail and/or billing address/phone number provided at the time the order was made. Our cancellation policy for customers and service users is described in the FAQs (Frequently Asked Questions) section of the website. In case the cooks and chefs and other service providers make any cancellations or request for rescheduling at any time, full refund is due from them. We do not guarantee that Users or Cooks or Chefs will be able to find any customers or User of business through the use of our Site. Similarly, we do not guarantee that Users will be able to find Cooks or Chefs through the use of our Site. Even after a booking is made by any User on our Site, the confirmation is subject to acceptance of the booking by the Cook or Chef. We reserve the right to block the profile of any cook or chef from display on the website in case of repetitive cancellations or rescheduling requests or for any other reason that we may deem appropriate.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Site including your mobile phone number for texts and calls in order for us to perform and improve our services on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. By providing your mobile phone number and using the Site, you hereby consent to our use of your mobile phone number as stated above. You hereby also consent that we may share your mobile number and email address with other Users of this Site. We will not assess any charges for texts or calls, but charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or our mobile application.

TRADEMARKS AND COPYRIGHTS

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks"), which you see on this Site, are registered and unregistered trademarks of KitchKarma and others. Nothing in this Site gives you any license or right to use any Trademark displayed on this Site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited.

Copyrights

You acknowledge that this Site contains information, data, software, photographs, videos, typefaces, graphics and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in this Section, or as permitted by the fair use privilege under U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to info@kitchkarma.com:

  • A description of the copyrighted work that you claim has been infringed
  • A description of the location where the original or an authorized copy of the copyrighted work exists
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

ELECTRONIC COMMUNICATIONS AND NOTICE

When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our services, or for such other purposes as we think appropriate.

YOUR INFORMATION

We collect the personal data that you volunteer on registration for order, survey, or other purposes. We will use personally identifiable information provided by Users to fulfill the purpose for which such information was provided, as described in our Privacy Policy, and as disclosed at the time the User information is requested. Please visit our Privacy Policy for more information.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain services or references to services that are not available outside of a particular geographic location. Any references do not imply that such services will be made available within a particular geographic location. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You understand that by using the Site you consent to having your personally identifiable information collected, used, transferred to and processed in the United States.

LINKS TO THIS SITE

Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with the terms and conditions of our permission as well as all applicable laws, rules and regulations.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

DISCLAIMER OF WARRANTY

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL USERS EXPRESSLY AGREE NOT TO HOLD US OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY

You expressly agree that use of this Site is at your sole risk. Neither KitchKarma nor any of our officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers"), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, services, or merchandise provided through this Site.

RELEASE

You understand and agree that your purchase of product(s) and/or service(s) is a transaction between you and the provider. Because KitchKarma is not a party to such transactions, if you have an issue or dispute with any other Users, you release KitchKarma (and our officers, directors, agents, and employees) from any and all claims, injuries, demands, or damages of every kind and nature, whether known or unknown arising out of any such issues or disputes, including but not limited to any liabilities arising out of the conduct or other action or inaction or omission of any User. We expressly disclaim any liability that may arise between Users.

REVISIONS TO THESE TERMS AND CONDITIONS

We may revise these Terms of Service at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Service because they are binding on you. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If you do not agree to any of these terms or any future terms, do not use this Site.

WORKER CLASSIFICATION AND WITHHOLDINGS

Users do not have authority to enter into any contracts on behalf of KitchKarma. Each User acknowledges that we do not, in any way, supervise, direct, or control a provider’s service or work performed in any manner. We do not set a provider’s work hours or location of work. We do not provide any equipment, labor or materials needed for a particular service. We are not an employment service and we do not serve as an employer of any User. We do not verify the legal and other eligibility of the provider to provide services. Users are responsible for compliance with all applicable employment laws, including employer related responsibilities such as verifying age of provider and eligibility to work. We are not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax, minimum wage laws in connection with your use of a Users’ services. We do not recommend or refer any User and we do not make any representations about their suitability, reliability, timeliness, integrity whether online or offline.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless KitchKarma and our directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, injuries, damages, losses, costs and expenses, including attorneys' fees, arising out of a breach of these Terms of Service by you and/or your activities in connection with this Site or any services related to this Site. KitchKarma may participate in the defense of any claim. You shall not settle any claim that affects KitchKarma without our prior written approval.

TERMINATION

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We will give you written notice of any such suspension or termination via email, and such suspension or termination will be effective upon delivery of such notice. However, these Terms of Service will continue to be enforceable against you and all sections of these Terms of Service that by their nature survive will continue in full force and effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NO WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

SEVERABILITY

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

CHOICE OF LAW; JURISDICTION

These Terms of Service supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Service will be governed by and construed in accordance with the State and Federal laws of the State of New York, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, will be resolved by binding arbitration conducted in New York and shall be arbitrated on an individual basis only (and not consolidated with any claim of any other party, or as a plaintiff or class member in any class or representative action). Arbitration shall be conducted under the rules of the American Arbitration Association.

ELIGIBILITY

By using this Site, you represent and warrant that you have the right and authority to enter into these Terms of Service and you commit to abide by all the terms and conditions contained in these Terms of Service.

You also represent and warrant that neither you, nor any other member of your household has ever been the subject of a complaint, restraining order or other legal action.

RULES FOR POSTING INFORMATION ON THE SITE

- You are responsible for providing accurate and current information

- You will register in your own legal name

- All the content you post must be in the English language

- You will not post abusive, defamatory, harassing, sexually oriented, racially offensive, or illegal information / material

- The content you post on this Site should be in accordance with all applicable laws and regulations

ENTIRE AGREEMENT

These Terms of Service, together with the terms of our Privacy Policy, contain the entire agreement between you and us with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.

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