Last Updated: 6th July 2020
Version 3.1

Thank you for using I am Chef!

These terms tell you the roles and responsibilities for using the services offered through our website hosted on www.iamchef.co (“I AM CHEF Platform”)

This page (together with our Cookies Policy and Privacy Policy) sets out the terms, conditions, roles and responsibilities (“Terms“) on which we, I AM CHEF Ltd (“we“, “our” or “I AM CHEF“), provide access to our website https://www.iamchef.co/ and any I AM CHEF mobile application through which you order products and services (together, “the Website” or “the Platform” ).

I AM CHEF is a limited company registered in England and Wales under company number xxxxxxxxxxxxx and with a registered office at xxxxxxxxxxxxxxxxxxxxxx. Our VAT number is xxxxxxxxxx.

To contact us, please email info@iamchef.co

Terms

1. By accessing the website at https://www.iamchef.co/ you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any such applicable laws. If you do not agree with any of these terms, you must refrain from using or accessing this site (and any other sites we may make our services available through) and the services contained within it. The materials contained in this website are protected by applicable intellectual property law including but not limited to copyright and trademark law.
   I AM CHEF may revise these Terms for its Platform at any time without notice. By using this Platform you are agreeing to be bound by the then current version of these terms of service

How the I AM CHEF Platform works

1. The I AM CHEF Platform is an online marketplace that enables registered users (“Members”) to offer services connected with the sourcing, preparation and sale of food products (Members that offer such products and services are “Chefs” and the services they offer are “Services”), to publish such Services (“Listings”) and to communicate, market and transact directly with Members that are seeking to buy and consume such Services (members purchasing such Services are “Diners”). Services may include the offering of prepared and non-prepared food products for consumption, bookings, and a variety of other services related to the preparation and sale of food items, products and experiences.
2. Chefs are responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer through the Platform. Certain types of Services may be prohibited altogether without the right qualifications, permissions, experience and licences. We provide some information in our FAQ section to help you identify some of the obligations that may apply to you. If you have questions about how any such regulations may apply to you on I AM CHEF, you should always seek independent legal advice.
3. As the provider of the I AM CHEF Platform, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Chefs alone are responsible for their Listings and Services that they wish to offer and market through the Platform. When any Diner purchases a product or service, they are entering into a contract directly with each other. I AM CHEF is not and does not become a party in any contractual relationship (express or implied) between Chefs and Diners or indeed between any Members of our platform. I AM CHEF is not acting as an agent or partner in any capacity for any Members, except as may be expressly specified within these Terms.
4. We offer our Members an open platform to trade information and Service. Accrodingly we have no control over and we cannot guarantee (i) the existence, quality, safety, suitability, or legality of any Chef Services, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other content (as may be detailed in these Terms), or (iii) the performance or conduct of any Member or third party. I AM CHEF does not endorse any Member, Listing or Service. Any references to a Member being “verified” or “approved” (or similar language) only indicate that such Member has completed a relevant verification or identification process, or they have provided information such that it would appear that they meet any criteria we may set for participating in certain element of the Platform. Any such description is not an endorsement, certification or guarantee by I AM CHEF about any Member including of their identity or background or whether they should be considered trustworthy, or the Service they may offer for sale or consumption through the Platform from time to time, safe or suitable. You should always exercise due diligence and care when deciding whether to provide, offer for sale, deliver, purchase or consume any of the Services, or communicate and interact with other Members, whether online, by phone or in person.
5. If you choose to use the I AM CHEF Platform as a Chef (as defined below), your relationship with I AM CHEF is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of I Am Chef for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of I AM CHEF. I AM CHEF does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services. You acknowledge that you have complete discretion whether to provide, offer, submit or list for sale and/or consumption any Services or otherwise engage in other business or employment activities.
6. To promote the I AM CHEF Platform and to increase the exposure of Listings to potential Diners, Services listed by any CHEF or other content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
7. The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. I AM CHEF is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by I AM CHEF of such Third-Party Services.
8. I AM CHEF is not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform. I AM CHEF may, temporarily and at its own discretion restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. I AM CHEF may improve, enhance and modify our Platform and introduce new products, features or services from time to time. Where-ever possible we will provide notice to Members of any such changes, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

Rules on Accessing the I AM CHEF Platform

1. To access and use the Platform (including but not limited to registering an account) you must be either:
   (i) at least 18 years old; or
   (ii) an existing business, organisation or other legal entity (“Business”)and able to enter into legally binding contracts.
   To access certain features and function of the Platform you must register an account (“Account”). If you are registering a Business Account, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
2. You agree to provide and keep accurate, current and complete information during the registration process. Every Account is individual not non-transferable or assignable.
3. Your I AM CHEF Account (and details relating to it) are personal to you and you are responsible for maintaining security and confidentiality of these details and you shall not disclose your credentials to any third party. If you believe your Account information may have been disclosed or accessed in an unauthorised manner you must notify us immediately. At all times you are responsible and liable for any and all activities conducted through your Account.
4. I AM CHEF may, from time to time, make available certain features that allow you to authorise other Members or certain third parties to take certain actions that affect your Account (such as linking your Account to a Business Account). Unless expressly stated otherwise these features do not require that you share your credentials with any other person.
5. Certain features and functions of the Platform will only be available, subject to certain conditions or requirements, such as registering to become a Member and completing a verification process, meeting specific quality or eligibility criteria which may be specified by us from time to time. We may issue specific policies or terms in relation to any particular aspect of the Platform, such policies will be deemed to be incorporated into these Terms.
6. I AM CHEF cannot and does not assume any responsibility for the confirmation of any Members identity or whether they have validly registered for the Platform and any of our Services.

Rules on Accessing the I AM CHEF Platform

1. All content including but not limited to text, photos, audio, video, and other materials and information on or available through or from the IAMCHEF Platform (“Content”) and any intellectual property rights relating to or arising from the availability and use of such content is exclusively owned by I AM CHEF.
2. I AM CHEF grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.
   This is the grant of a license, not a transfer of title, and under this license you may not:
   
   • modify or copy the materials;
   • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   • attempt to decompile or reverse engineer any software contained on THE I AM CHEF Platform;
   • remove any copyright or other proprietary notations from the materials; or
   • transfer the materials to another person or “mirror” the materials on any other server.
3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. I AM CHEF is automatically granted a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and transferable license in respect of any Content created by a Member, at the point such Content is uploaded on the Platform and in perpetuity. I AM CHEF is permitted to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the I AM CHEF Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks provided always that such use complies with applicable data protection laws in accordance with our Privacy Policy.
5. You are solely responsible for all Content that you make available on or through the I AM CHEF Platform. Accordingly, you represent and warrant that:
   (i) you either are the sole and exclusive owner of all such Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to the rights in and to such Content, as contemplated under these Terms; and
   (ii) neither such Content nor your posting, uploading, publication, submission or transmittal of the said Content or our use of the Content (or any portion thereof) as contemplated under these Terms 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 or infringement of any applicable law or regulation.
6. You will not post, upload, publish, submit or transmit any Content that:
   (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
   (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
   (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
   (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
   (v) promotes illegal or harmful activities or substances. I AM CHEF may remove or disable access to any Content that is in violation of applicable law, these Terms or any policy issued by us from time to time, or otherwise may be harmful or objectionable to us, our Members, third parties, or property.
7. I AM CHEF respects copyright law and expects its Members to do the same. If you believe that any content on the Platform infringes copyrights you own, please contact us.

Service Charges for using I AM CHEF

1. In consideration for the use of the Platform I AM CHEF may charge fees to its Members (whether Chefs or Diners) for using certain Listings and Services on the Platform. Any such fees, charges or levies are collectively called, “Service Charges”). These will be notified on the Platform from time to time.
2. Any applicable Service Charges (including any applicable taxes including but not limited to VAT) will be notified to you prior to any transaction. Service Charges may be amended (whether on an individual transaction or more broadly across any Service, and whether temporarily or permanently) at any time. Where possible we will always seek to provide reasonable notice of any such changes to all including the date on which such change may become effective.
3. You are responsible for paying any Service Charges that may accrue and are due and owing to I AM CHEF. Payments of such fees will be accrued and taken automatically by us and we will apply and deduct any Service Charges from the any payments that may be due to you before remittance. Service Charges are non-refundable.

Terms applying specifically to Chefs

1. When creating a Listing or Service through the Platform you must
   

   (i) provide complete and accurate information (as required through the Platform),
   (ii) disclose any ingredients or risks which may cause a health issue for certain consumers (such as risks on allergies and intolerances) and any other information that a consumer may reasonably expect or is required by law or regulation or requested by us or any Member specifically with respect to your Listing or Service. You are responsible for keeping all such information up-to-date at all times.
   

2. You are solely responsible for setting a price (including any Taxes if applicable) for your Listings or Services (“Price”). Once a Diner offers to purchase your Service, you may not amend or vary the Price or the Service provided.
3. Any terms and conditions, in particular in relation to cancellation or refunds, must not conflict with these Terms or the relevant cancellation policy for your Service.
4. Pictures, images or videos used within your profile and your Services must accurately reflect the Service. We may from time to time require any such media to meet certain standard or requirements.
5. The ranking, placement and reach of your Service will be in part determined by parameters set by us within the Platform from time to time (which may include referrals, ratings, price location, responsiveness etc).
6. When you accept an offer to purchase a Service from a Diner, you are entering into a legally binding agreement with the Diner and are required to provide your Service (incorporating all the details, information and pricing) to that Member (as described) when the request is made. You also agree to pay the applicable Service Charge and any applicable Taxes.
7. I AM CHEF recommends that Chefs obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions.
8. I AM CHEF may limit, from time to time, the number of Services (or each of them) you can offer at any one time through the Platform. We may also determine a date by which any such inactive Listings or Services be removed and failure to do so may result in them being automatically removed from the Platform.

Terms applying specifically to Diners

1. Subject to meeting any requirements (such as completing any verification processes) set by I AM CHEF and/or any Chef, you can order or book a Service or Listing available on the Platform by fullowing the respective booking process. All applicable fees, including will be presented to you prior to booking and you agree to pay all such fees upon making any booking request.
2. Upon receipt of a booking confirmation from I AM CHEF, a legally binding agreement is formed between you and the respective Chef, subject to any additional terms and conditions that maybe applied by the Chef, including in particular the applicable cancellation and refund policy. We will collect all fees due in respect of such booking at the time of the booking request or upon the Chefs confirmation.

Cancellation and Changes

1. Once a booking confirmation has been sent and payment processed, you will not be entitled to change or cancel your order, nor will you be entitled to a refund unless it as agreed with the Chef from which you made the purchase. In the event that such Chef provides specifically for any refunds or changes post an order being received and should decline to process any such refund, cancellation or change then you can contact us and we will communicate with both parties to try and reach an amicable resolution however there is no guarantee for this.
2. In the event that any Diner requests to modify their order prior to receipt, then the Chef may advise the terms on which such modification is acceptable (which may include an adjustment of the Price). In the event that communication is done outside the Platform then we will not be able to investigate or try to progress a resolution.
3. Any intervening in such issues or disputes is entirely in good faith, I AM CHEF does not have any responsibility or liability to investigate or intervene in such circumstances.

Member Feedback

1. Within the Platform is a facility for Members to provide public and private feedback (whether through ratings and reviews) (“Feedback”) to each other based on their transactions through the Platforms (including but not limited to any Services purchased). Any Feedback which may include ratings or reviews are not verified by I AM CHEF. They reflect the opinions of individual Members and do not reflect the opinion of I AM CHEF and may be incorrect, inaccurate or misleading.
2. It is a condition of these Terms that any Feedback published or communicated through the Platform must be accurate and may not contain any offensive or defamatory language.
3. Members are prohibited from manipulating any Feedback in any manner, such as instructing a third party to write a positive or negative review about another Member or their Services.
4. Certain Feedback are part of a Member’s public profile and may also be published on the Platform together with other relevant information such as responsiveness.

Payments and Taxes

1. Prices published on the Platform will include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charges. These will be added to the total amount and advised prior the ordering process.
2. Payments must be made by an accepted credit or debit card through the Platform. In certain circumstances (for instance where collection is opted for) cash to the Chef at the point of delivery/collection may be acceptable.
3. If you pay by credit or debit card, you may be required to show the card to the Chef at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions.
4. As a Chef you are solely responsible for determining your obligations to report, collect, remit or include in your Price any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).
5. Tax regulations may require us to collect and/or retain appropriate tax information from Chef, or, in certain circumstances to withhold Taxes that may be due from payouts to Chefs, or both.

Disclaimers

1. While we try to ensure that information on the Platform is correct, we do not promise it is accurate or complete. We may make changes to the Content, or to the functionality, Services and Service Charges described on it, at any time without notice. The Content may be out of date, and we make no commitment to update that material.
2. When a Chef signs up with us, and provides any Listings for products or services we request that they publish certain information including their experience, qualification and also allergy or other dietary information in relation to any food products they offer. We recommend that if you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, the Diner should always contact the Chef directly before placing any orders and determine for themselves whether the responses are adequate and satisfactory.
3. The legal contract for the supply and purchase of Services is between the Diner and the Chef. We have no control over the actions or omissions of any Member, not for verifying any information which is supplied by the Members through the Platform. Without limiting the generality of the foregoing, you acknowledge and accept the fullowing by using the Platform:
   1. We do not give any undertaking that the Services (including but not limited to any food products) ordered through the Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
   2. Estimated times for deliveries and collections are provided by the Chefs and in some instances may involve the services of a third party. These are only estimates. Neither we nor the Chefs can guarantee that orders will be delivered or will be available for collection within the estimated times.
   3. We encourage all our Chefs to accept all orders or to communicate any rejection promptly. However, we do not guarantee that Chefs will accept and fulfil any particular order.
4. We provide you with access to and use of the Platform ‘as is’ and on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Platform and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Platform and your use of it, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise ).

Liability

1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
2. Subject to clause 12.1, we will under no circumstances whatever be liable to any Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the I AM CHEF Platform) for:
   1. any loss of profits, sales, business, or revenue;
   2. loss or corruption of data, information or software;
   3. loss of business opportunity;
   4. loss of anticipated savings;
   5. loss of goodwill; or
   6. any indirect or consequential loss.
3. Subject to clauses 11, 12.1 and 12.2, our total liability to any Member in respect of all other losses arising under or in connection with the Platform or the use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
4. Members assume full and sole responsibility for any additional or associated costs that they may incur in connection with or as a result of your use of the Platform.

Indemnification

1. To the maximum extent permitted by applicable law, you agree to release, defend (if we require), indemnify, and hold I AM CHEF and its affiliates and subsidiaries, including but not limited to our 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
   (i) your breach of these Terms
   (ii) your improper use of the Platform or any Services,
   (iii) your interaction with any Member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, consumption, participation or use, or
   (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this paragraph only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

Termination

1. We reserve the right to decline any new registration or activate any Members account, terminate any Members right to use the Platform with immediate effect, remove any Member as a user of the Platform and/or suspend their use of the Platform, and delete their Account if we believe in our sole discretion that such Member has breached any of these Terms.
2. Upon termination or suspension in accordance with section 12.1 such Member must cease using the Platform immediately

Variations

1. We may revise these Terms at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

Feedback

1. We invite feedback from all our Members. If you have any concerns or feedback about material which appears on our Platform, please contact feedback@iamchef.co

General Provisions

1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between I AM CHEF and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between I AM CHEF and you in relation to the access to and use of the Platform.
2. No joint venture, partnership, employment, or agency relationship exists between you and I AM CHEF as a result of this Agreement or your use of the Platform.
3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforce ability of the remaining provisions.
5. I AM CHEF’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. I AM CHEF may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.