OpenApron Terms & Conditions
Last modified: 7/21/2017
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. PLEASE READ THEM CAREFULLY.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CHEFS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR BESPOKE CHEFS HIRING (DEFINED BELOW) AND HOSTS (DEFINED BELOW) MAY LEARN ABOUT AND HIRE CHEF SERVICES (DEFINED BELOW) DIRECTLY WITH THE CHEFS. YOU UNDERSTAND AND AGREE THAT OPENAPRON IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CHEFS AND HOSTS, NOR IS OPENAPRON A REAL ESTATE BROKER, AGENT OR INSURER. OPENAPRON HAS NO CONTROL OVER THE CONDUCT OF CHEFS, HOSTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY CHEFS AND HOSTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“OpenApron Content” means all Content that OpenApron makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“OpenApron Content” means all Content that OpenApron makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a host (as determined by OpenApron in its sole discretion), within which a Chef may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and OpenApron Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Host” means a Member who requests from a Chef a booking of the chef via the Site, Application or Services.
“Chef” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a chef that is listed by the chef himself or herself as available for rental via the Site, Application, and Services.
“Member” means a person who completes OpenApron’s account registration process, including but not limited to Chefs and Hosts, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
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.
OpenApron reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 19 or older. Any access to or use of the Site, Application or Services by anyone under 19 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 19 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Chef Services (“Chef Services”). Such Chef Services are included in Listings on the Site, Application and Services by Chefs. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Chef Services or create a Listing, you must first register to create a OpenApron Account (defined below).
As stated above, OpenApron makes available an online platform or marketplace with related technology for Chefs and Hosts to meet online and arrange for bookings of Chef Services directly with each other. OpenApron is not an employer or contractor of chefs, nor is it a provider of chefs or Chef Services and OpenApron does not own, sell, resell, provide, rent, re-rent, manage and/or control chefs, including. Unless explicitly specified otherwise in the OpenApron platform, OpenApron’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Chef for the purpose of accepting payments from Hosts on behalf of the Chef.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CHEFS AND HOSTS CONNECTING AND BOOKING CHEF SERVICES DIRECTLY WITH EACH OTHER. OPENAPRON CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CHEF SERVICES. OPENAPRON IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CHEF SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE HOST’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Chef Service or create a Listing, you must register to create an account (“OpenApron Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your OpenApron Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to OpenApron through the Site, Services or Application; or (ii) allowing OpenApron to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to OpenApron and/or grant OpenApron access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating OpenApron to pay any fees or making OpenApron subject to any usage limitations imposed by such third-party service providers. By granting OpenApron access to any Third-Party Accounts, you understand that OpenApron will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your OpenApron Account and OpenApron Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your OpenApron Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or OpenApron’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your OpenApron Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
OpenApron makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and OpenApron is not responsible for any SNS Content.
We will create your OpenApron Account and your OpenApron Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active OpenApron Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OpenApron reserves the right to suspend or terminate your OpenApron Account and your access to the Site, Application and Services if you create more than one (1) OpenApron Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OpenApron Account, whether or not you have authorized such activities or actions. You will immediately notify OpenApron of any unauthorized use of your OpenApron Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Chef Services to be listed, including, but not limited to, the location, past work history, ingredients, menus, availability of the Chef Services and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Chef Services via the Site, Application and Services based upon the information provided in your Listing.
You understand and agree that once a Member requests a booking of your Chef Services, the price for such booking may not be altered. You understand and agree that you are solely responsible for all listings you post under your OpenApron account. You are solely responsible to make sure that any listings you post and any bookings resulting from such listings do not breach any agreements you have entered with any other 3rd parties and will be in compliance with all applicable laws, tax requirements, rules and regulations that may apply to any Chef Services included in a listing you post. Please note that OpenApron does not assume any responsibility for a chef’s compliance with any applicable laws, rules and regulations such as, but not limited to, health and hygiene. OpenApron explicitly disclaims all liability for all listings you post under your OpenApron account. We reserve the right to remove access from any listings, without prior notice, if we consider the content to be objectionable for any reason, or in violation with our terms and conditions, or harmful to the website.
You understand and agree that OpenApron does not act as an insurer or as a contracting agent for you as a Chef. If a Host requests a booking of your Chef Services and retains your Chef Services, any agreement you enter into with such Host is between you and the Host; and OpenApron is not a party thereto.
Notwithstanding the foregoing, OpenApron serves as the limited authorized agent of the Chef for the purpose of accepting payments from Hosts on behalf of Chefs and is responsible for transmitting such payments to Chefs. OpenApron explicitly disclaims all liability for any contract or agreement you enter into with Hosts or any third party. If you are a Chef, OpenApron makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Chef Services. You acknowledge and agree that, as a Chef, you are solely responsible for your own acts and omissions and are also solely responsible for the acts and omissions of any individuals who retain your Chef Services or are otherwise present at the place of Chef Services at your request or invitation, excluding the Hosts (and the individuals the Host invites to the place of Services, if applicable.)
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Chef Services, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Chef Guide” section of the Site, Application and Services.
OpenApron recommends that Chefs obtain appropriate insurance for their Chef Services. Please review any insurance policy that you may have for your Chef Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Hosts (and the individuals the Hosts invite to the Services, if applicable) while providing your Chef Services. You agree to take reasonable precautions in all communications and interactions with other users of OpenApron and with other persons with whom you communicate or interact as a result of your use of OpenApron, including, but not limited to, Hosts and Chefs, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by OpenApron. Notwithstanding OpenApron’s appointment as the limited agent of the Chefs for the purpose of accepting payments from Hosts on behalf of the Chefs, OpenApron explicitly disclaims all liability for any act or omission of any Host or other third party. In the event of unfortunate incidents (such as, but not limited to, food poisoning or thieving), the chefs or clients are responsible for the incidents. OpenApron explicitly disclaims all liability for any unfortunate incidents.
OpenApron does not endorse any Member or any Chef Services. OpenApron is not responsible for confirming any of the provided information on the website or the member’s identity. Members are required by these Terms to provide accurate information, and although OpenApron may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by OpenApron about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to hire a Chef’s Chef Services or to accept a booking request from a Host, or to have any other interaction with any other Member.
By using the Site, Application 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. You agree not to attempt to impose liability on or seek any legal remedy from OpenApron with respect to such actions or omissions. You agree that any damage or harm caused by a member upon another or any third party will be limited to a claim against the particular member and the other third parties who caused the harm and agree not to impose liability or seek legal remedy from OpenApron with respect to such actions or omissions. OpenApron explicitly disclaims all liability for any harm or damage resulting from your interaction with other OpenApron members or any third party. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Chef against OpenApron regarding the remittance of payments received from a Host by OpenApron on behalf of a Chef, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
“Chef Services Fees” means the amounts that are due and payable by a Host in exchange for that Chef’s Chef Services (such as, but not limited to, private cooking for Host and private teaching class). The Chef alone, and not OpenApron, determines these amounts. The Chef may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the OpenApron platform, or (ii) Taxes that the Chef determines that he or she has to collect.
“Host Fees” means the fee that OpenApron charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Chef Services Fees. The Host Fees will be displayed to the Host when the Host is asked whether to send a booking request to a Chef. When the Host Fees is 0%, it will not be displayed to the Host when the Host is asked whether to send a booking request to a Chef.
“Chef Fees” means the fee that OpenApron charges a Chef for the use of its online platform, which is calculated as a percentage of the applicable Chef Services Fees. The Chef Fees will be displayed to the Chef when the Chef is asked whether to confirm or reject a booking request from a prospective Host. When the Chef Fees is 0%, it will not be displayed to the Chef when the Chef is asked whether to confirm or reject a booking request from a prospective Host.
“Service Fees” means collectively the Host Fees and the Chef Fees.
“Total Fees” means collectively the Chef Services Fees and the Host Fees (plus any Taxes in respect of Host Fees, such as VAT in Europe). OpenApron reserves the right to, at its sole discretion, change or amend Chef Services Fee, Host Fees, Chefs Fees, Service Fees and Total Fees, and Fee Structure, at any time and without prior notice. Bookings and Financial Terms for Chefs
If you are a Chef and a booking is requested for your Chef Services via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Host who has requested the booking, (ii) a link to the Host’s OpenApron Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Host on such SNS, and (iv) an indication that the name that the Host provided to OpenApron when the Host became a Member matches the name that the Host provided to the SNSs to which the Host has linked his or her OpenApron Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by OpenApron for the requested booking will be refunded to the applicable Host’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Host, OpenApron will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services. OpenApron will collect the Total Fees at the time of booking confirmation (i.e. when the Chef confirms the booking request) and will initiate payment of the Chef Services Fees (less OpenApron’s Chef Fees and any Taxes in respect of the Chef Fees, such as VAT in Europe) to the Chef within 24 hours of when the Host receives the Chef Services (except to the extent that a refund is due to the Host). The time it takes for the Chef to receive payouts may depend upon the method for receiving payouts chosen by the Chef. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Chef, including by deducting their charges from the payout amount. If you owe or agree to pay any amount to OpenApron (whether as a result of your bookings or actions as a Host or otherwise), then OpenApron may (but is not obliged to) withhold the amount owing to OpenApron from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to OpenApron. If OpenApron does so, then your obligation to pay OpenApron will be extinguished to the extent of the amount withheld by OpenApron, and OpenApron will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. Appointment of OpenApron as Limited Payment Collection Agent for Chefs Each Chef hereby appoints OpenApron as the Chef’s limited payment collection agent solely for the purpose of accepting the Chef Services Fees from Hosts. Each Chef agrees that payment made by a Host through OpenApron shall be considered the same as a payment made directly to the Chef, and the Chef will make the Chef Service available to the Host in the agreed-upon manner as if the Chef has received the Chef Services Fees. Each Chef agrees that OpenApron may, in accordance with the cancellation policy selected by the Chef and reflected in the relevant Listing, (i) permit the Host to cancel the booking and (ii) refund to the Host that portion of the Chef Services Fees specified in the applicable cancellation policy. Each Chef understands that as OpenApron accepts payments from Hosts as the Chef’s limited payment collection agent, OpenApron’s obligation to pay the Chef is subject to and conditional upon OpenApron successfully receiving the payments from Hosts. OpenApron does not guarantee payments to Chefs for amounts that have not been successfully received from Hosts. In accepting appointment as the limited authorized agent of the Chef, OpenApron assumes no liability for any acts or omissions of the Chef. Please note that OpenApron does not currently charge fees for the creation of Listings. However, you as a Chef acknowledge and agree that OpenApron reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that OpenApron will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Hosts
The Hosts, not OpenApron, are solely responsible for honoring any confirmed bookings and making available any Chef Services reserved through the Site, Application and Services. If you, as a Host, choose to enter into a transaction with a Chef for the booking of a Chef 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 Chef Services imposed by the Chef. You acknowledge and agree that you, and not OpenApron, will be responsible for performing the obligations of any such agreements, that OpenApron is not a party to such agreements, and that, with the exception of its payment obligations hereunder, OpenApron disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that OpenApron is not a party to the agreement between you and the Chef, OpenApron acts as the Chef’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Chef. Upon your payment of the Total Fees to OpenApron, your payment obligation to the Chef for the Chef Services Fees is extinguished, and OpenApron is responsible for remitting the Chef Services Fees (less OpenApron’s Chef Fees and any Taxes in respect of the Chef Fees, such as VAT in Europe), in the manner described in these Terms. In the event that OpenApron does not remit any such amounts as described in these Terms, such Chef will have recourse only against OpenApron.
The Total Fees payable will be displayed to a Host before the Host sends a booking request to a Chef. As noted above, the Chef is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Chef), any amounts collected by OpenApron will be refunded to such Host, depending on the selections the Host makes via the Site and Application, and any pre-authorization of such Host’s credit card will be released, if applicable.
You as a Host agree to pay OpenApron for the Total Fees for any booking requested in connection with your OpenApron Account if such requested bookings are confirmed by the applicable Chef. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that OpenApron, on behalf of the Chef, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once OpenApron receives confirmation of your booking from the applicable Chef, OpenApron will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that OpenApron cannot control any fees that may be charged to a Host by his or her bank related to OpenApron’s collection of the Total Fees, and OpenApron disclaims all liability in this regard.
Chef may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Chef Services. If a Security Deposit is included in a Listing for a confirmed booking of a Chef Service, OpenApron will, in its capacity as the payment collection agent of the Chef, use its commercially reasonable efforts to obtain a pre-authorization of the Host’s credit card in the amount the Chef determines for the Security Deposit within a reasonable time prior to the Host’s hire of the applicable Chef’s Chef Services. OpenApron will also use its commercially reasonable efforts to address Chef’s requests and claims related to Security Deposits, but OpenApron is not responsible for administering or accepting any claims by Chefs related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for the use of OpenApron’s online marketplace and platform, OpenApron charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Chef Fees and Host Fees. OpenApron deducts the Chef Fees from the Chef Services Fees before remitting the balance to the Chef as described in these Terms.
Host Fees are, as noted above, included in the Total Fees.
Balances will be remitted by OpenApron to Chefs via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Chef’s currency of choice, depending upon the selections the Chef makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that OpenApron may impose or deduct foreign currency processing costs on or from any remittances by OpenApron in currencies other than U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Host, you cancel your requested booking before the requested booking is confirmed by a Chef, OpenApron will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Host, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after using the Chef Services, the cancellation policy of the Chef contained in the applicable Listing will apply to such cancellation. Our ability to refund the Chef Services Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Host Fee is non-refundable regardless of the cancellation policy selected by the Chef.
If a Chef cancels a confirmed booking made via the Site, Services, and Application, (i) OpenApron will refund the Total Fees for such booking to the applicable Host within a commercially reasonable time of the cancellation and (ii) the Host will receive an email or other communication from OpenApron containing alternative Listings and other related information. If the Host requests a booking from one of the alternative Listings and the Chef associated with such alternative Listing confirms the Host’s requested booking, then the Host agrees to pay OpenApron the Total Fees relating to the confirmed booking for the Chef Services in the alternative Listing, in accordance with these Terms. If a Chef cancelled a confirmed booking and you, as a Host, have not received an email or other communication from OpenApron, please contact OpenApron at firstname.lastname@example.org.
If, as a Chef, you cancel a confirmed booking, OpenApron may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, OpenApron may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for extenuating circumstances or any reason. OpenApron may also determine, in its sole discretion, to refund to the Host part or all of the amounts charged to the Host. You agree that Extenuating Circumstances and the relevant Host or Chef will not have any liability for such cancellations or refunds.
The Chef is solely responsible for all services (such as, but not limited to, ingredients sourcing and cooking) delivered to you. OpenApron explicitly disclaims all liability for all services the chef delivered to you. Although OpenApron seeks to provide a quality service, we do not accept any responsibility or liability for the quality of the service ordered by Host and delivered by the Chef to the Host. Any comments relating to the Chef and the Chef Services delivered by them should be submitted under the review section of each Chef on the website.
Chefs are responsible for leaving the premises of services in the condition they were when they arrived. Chefs are responsible for their own acts and omissions and also responsible for the acts of any individual they invite to join them or provide access to the place of Chef Services. In the event that the Host claims otherwise and provides evidence of damage, including but not limited to photographs, Chefs agree to pay the cost of replacing the damaged goods with equivalent goods. OpenApron is not responsible for incomplete reviews of the Chefs it is the Chefs responsibility to ensure their hosts completes the review. OpenApron is not responsible for expectations, or false information provided in the reviews or from the Chef
If Host wish to request changes to the menu, Host could do so by contacting the Chef before the booking is made and confirmed by both the Host and the Chef. Once a booking is made and confirmed by both the Host and the Chef, and payment has been made, Host cannot make changes to the booking. Should Host or anyone they brings to the location where the Chef Services will be delivered have any special dietary requests or food allergies, it is their responsibility to let the Chef know in advance.
In some instances, Hosts may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her use of Chef Services (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Host authorizes OpenApron, on behalf of the Host, to collect the Total Fees and the Chef agrees that OpenApron will initiate payouts to the Chef, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
OpenApron may, in its sole discretion, round up or round down amounts that are payable from or to Hosts or Chefs to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, OpenApron will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, OpenApron may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for OpenApron to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000. "
"Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Chefs may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Chef does in fact make the donation he or she pledged to make. In such cases, the Chef in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Chefs, or to withhold taxes from payouts to Chefs, or both. You as a Chef are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Chef fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Chef and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Chef understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. If any part of the engagement includes additional human resources you as the Chef will be your own contractor and will be responsible for remunerating your additional human resources for their services and tax obligations You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. OpenApron cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Chef, OpenApron may issue a valid VAT invoice to such Chef.
OpenApron’s online platform facilitates bookings between Chefs and Hosts who may prefer to pay and to receive payments in various currencies, which may require foreign currency exchange to accommodate different Members’ currency preferences. OpenApron platform may enable users to view the price of Listings in a number of currencies, but the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency exchange is processed at a foreign currency exchange rate. Currency exchange rates may vary from time to time.
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, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, 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, zoning restrictions and Tax regulations;
● Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
● Use the Site, Application, Services or Collective Content 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, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
● Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
Iinterfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
● Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
● Use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
● “Stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an OpenApron Chef or Host;
● Offer, as a Chef, any Chef Services that you do not yourself own
● Offer, as a Chef, any Chef Services that may not be hired pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a employer-employee agreement;
● Register for more than one OpenApron Account or register for an OpenApron Account on behalf of an individual other than yourself;
● Unless OpenApron explicitly permits otherwise, request or book a Chef Service with any Chef if you will not actually be using the Chef Service yourself;
● Contact a Chef for any purpose other than asking a question related to a booking, such Chef’s Services or Listings;
● Contact a Host for any purpose other than asking a question related to a booking or such Host’s use of the Site, Application and Services;
● Recruit or otherwise solicit any Chef or other Member to join third-party services or websites that are competitive to OpenApron, without OpenApron’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 from or otherwise interact with the Site, Application, Services or Collective Content;
● Use the Site, Application, Services or Collective Content to find a Chef or Host and then complete a booking of a Chef Service independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to OpenApron’s provision of the Services or for any other reasons;
● As a Chef, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
● Post, upload, publish, submit or transmit any Content that: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
● Systematically retrieve data or other content from our Site, Application 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, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, OpenApron’s name, any OpenApron trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without OpenApron’s express written consent;
● Access, tamper with, or use non-public areas of the Site, Application or Services, OpenApron’s computer systems, or the technical delivery systems of OpenApron’s providers;
● Attempt to probe, scan, or test the vulnerability of any OpenApron system or network or breach any security or authentication measures;
● Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OpenApron or any of OpenApron’s providers or any other third party (including another user) to protect the Site, Services, Application 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, Application 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, Application or Collective Content; or
● Advocate, encourage, or assist any third party in doing any of the foregoing.
OpenApron has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OpenApron may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against OpenApron or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of OpenApron, its users, or memebrs of the public. You acknowledge that OpenApron has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. OpenApron reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that OpenApron, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Hong Kong, India and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of OpenApron and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, OpenApron grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. OpenApron reserves all rights in the Application not expressly granted to you by these Terms.
OpenApron Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, OpenApron grants you a limited, non-exclusive, non-transferable license, to (i) access and view any OpenApron Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OpenApron or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to OpenApron a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. OpenApron does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to OpenApron the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or OpenApron’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that OpenApron is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OpenApron of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of OpenApron used herein are trademarks or registered trademarks of OpenApron. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
OpenApron respects copyright law and expects its users to do the same. It is OpenApron’s policy to terminate in appropriate circumstances the OpenApron Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Suspension, Termination and OpenApron Account Cancellation We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your OpenApron Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your OpenApron Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your OpenApron Account, your Member Content, or receive assistance from OpenApron Customer Service, (b) any pending or accepted future bookings as either Host or Chef will be immediately terminated, (c) we may communicate to your Chefs or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Host in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Hosts to inform them about potential alternate Chef Services with other Chefs that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your OpenApron Account. You may cancel your OpenApron Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that if your OpenApron Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OpenApron DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, HOSTS AND CHEFS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, IN ADDTION OpenApron IS NOT RESPONSIBLE TO VERIFY IF THE CHEF HAS THEIR FOOD SAFE CERTIFICATION. OpenApron EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OpenApron MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY CHEF SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OpenApron MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, CHEF SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OpenApron OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR CHEFS. YOU UNDERSTAND THAT OpenApron DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR TEST ANY CHEF SERVICES. OpenApron MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CHEFS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OpenApron. NOTWITHSTANDING OpenApron’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE CHEFS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM HOSTS ON BEHALF OF THE CHEFS, OpenApron EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST OR OTHER THIRD PARTY. OpenApron is not responsible for Gratuities or any additional fees charged by the Chef after the service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY CHEF SERVICES VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OpenApron WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OpenApron NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY CHEF SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OpenApron 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 OpenApron’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY CHEF SERVICES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR AND IN CONNECTION WITH ANY CHEF SERVICES OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A HOST 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 OpenApron TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$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 OpenApron AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. "
OpenApron is not responsible for
· Any injuries to the Host or Chef as a result of traveling to the venue
· Any cost related to traveling to the venue for both host and Chef
· Any injuries as the result of food preparation
· Behavior of Chef or Hosts before during and post service.
· Damages to the to the host’s home or any equipment the Chef will bring to the hosts home
· Damages to the Chef’s personal venue and any of his/her equipment
· Food poisoning or health related incidences and allergies as the result of consumption or physical contract with the food or beverage from the service
· Obtaining license and appropriate license if the venue is held in a public venue
· The Chef is responsible for providing appropriate Work insurance
· The Host is responsible for providing the appropriate home insurance
· OpenApron is not responsible if expectation of the service or venue is not met
· Any credit card fraud committed either by the Host or Chef
· Any alcohol related incidences or providing alcohol to a minor
You agree to release, defend, indemnify, and hold OpenApron and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Chef Service, or (iii) creation of a Listing; (d) the use, condition or rental of an Chef Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Chef Service; (e) a Member's breach of any of the representations and warranties herein; and (f) or a Member's violation of any rights of another.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
● You acknowledge and agree that (i) these Terms are concluded between you and OpenApron only, and not Apple, and (ii) OpenApron, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
● You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
● In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between OpenApron and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of OpenApron.
● You and OpenApron acknowledge that, as between OpenApron and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
● You and OpenApron acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between OpenApron and Apple, OpenApron, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
● You and OpenApron acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
● Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Google Maps/Earth Mapping Services
If you hire or serve someone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to OpenApron by contacting us with your police station and report number a firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between OpenApron and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Chef Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OpenApron and you regarding bookings or listings of Chef Services, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without OpenApron’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OpenApron may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OpenApron (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Hong Kong and India, without regard to its conflict-of-law provisions. Any disputes relating to these Terms and Conditions or the Site, Application, Services, Collective Content, and any bookings or Listings of Chef Services made via the Site, Application and Services will be heard in the courts located in Hong Kong or India unless otherwise specified by OpenApron. OpenApron, at its sole discretion, can decide where or in which countries/territories court any disputes will heard.
The failure of OpenApron 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 OpenApron. 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 or a court of competent jurisdiction 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.
Accessing the Site, Application and Services is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
If you use a translation service to view the Site, Application and Services, be advised that the translation may contain inaccuracies. As such, the only information you may rely on is the information found in the original, English language version of the Site, Application and Services. The English version of this Terms and Conditions govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
You agree that any feedback, information, and ideas that you transmit to this Site or otherwise provide to OpenApron for the purpose of critiquing the Site, Application and Services (collectively, “Feedback”) shall be and remain OpenApron’s property and you hereby assign all of your rights in such Feedback, including any copyrights, to OpenApron in perpetuity throughout the world for any and all present or future uses in any and all languages, for no compensation. All Feedback will be treated as non-confidential and non-proprietary and OpenApron shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Feedback to others without limitation.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, Application, Services and Collective Content, use of the Site, Application and Services, or access to the Site, Application and Services for any sales of goods or services, or promotion of a company, good, or service that is not part of Chef Services unless otherwise approved by OpenApron.
If you have any questions about these Terms or any App Store Sourced Application, please contact OpenApron at email@example.com.