ACCEPTANCE OF TERMS
RECIPE CATALOG, CHEF'D BOXES, AND STORAGE/PREPERATION.
By accessing the Website, you have the ability to: (i) view a catalog of recipes, and (ii) purchase our Chef’’d Boxes (collectively, the “Service”).
- The name of the recipe
- A list of the ingredients to prepare the recipe
- The kitchen tools needed to prepare the recipe
- The skill level needed to prepare the recipe
- The spice level of the recipe
- Estimated cooking time
- Calorie information
- Allergens (if any)
- Chef’d Boxes
If you want to make one of our recipes yourself, and make a purchase, we will deliver to you the following (our “Meal Kits”):
- A Recipe Card, featuring all of the above information
- Detailed instructions with step-by-step photos as to how to prepare the recipe
- All of the fresh, pre-portioned ingredients needed to prepare the recipe (excluding staples such as water, salt, pepper and oil)
- All Meal Kits are delivered in single-use, individual, insulated containers, with cooling packets and dividers (the “Chef’d Box”).
- You should inspect your Chef’d Box to make sure that the ingredients are fresh, and that any meat or seafood products are properly cooled (you can use a thermometer to ensure an internal temperature at 41ºF or below).
- All Meal Kits will stay fresh in the Chef’d Box, without additional refrigeration, until 9:00 p.m. on the day of delivery.
- To maintain the freshness, you should immediately refrigerate all ingredients in each Meal Kit upon opening your Chef’d Box.
- You should prepare your Meal Kit within four (4) days after delivery, although seafood should be prepared within two (2) days of delivery to ensure optimal freshness.
- All orders must be placed through the Website
- You will receive an email from Chef’d confirming your order.
- As our Meal Kits require the use of fresh ingredients, you will receive an email if, for any reason, we are unable to process your order due to the required fresh ingredients not being available at the time of your order.
- Each order contains at a minimum two (2) servings.
- Chef’d uses third-party delivery services such as OnTrac to deliver our Meal Kits.
- Orders received by Chef’d by 10:00 a.m. (Pacific Standard Time) will be delivered within:
- While we deliver our Meal Kits throughout the United States, we do not currently deliver to Hawaii, Alaska or outside of the United States.
- Regular deliveries will be made Tuesday through Saturday, between 8:00 a.m. and 8:00 p.m. local time.
- There is no additional charge for delivery of our Meal Kits, except for:
- Meal Kits will be delivered without signatures being required.
- In the case of bad weather or unforeseen courier issues, we will deliver your order as soon as reasonably possible when the conditions permit or we may need to cancel your order.
6. LIMITED WARRANTY AND RETURN POLICY
All of our Meal Kits are backed by a freshness and quality guarantee. If you are dissatisfied for any reason, please contact us within 6 days at by phone (844)44-CHEFD during posted hours or email firstname.lastname@example.org and we’ll either replace the meal at our expense or credit you an amount depending on the reason. We also may require photo documentation or the return of the product with which you are dissatisfied
You agree that in connection with your use of the Website, you will not do any of the following:
- Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.
- Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
- Use any meta tags or any other "hidden text" utilizing the name “Chef’d” or any substantially similar name without our written consent.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
- "Frame" or "mirror" any part of the Website.
- Engage in spamming or flooding.
- Remove any copyright, trademark or other proprietary rights notices contained on the Website.
- Use the Website or Materials for any unlawful purpose.
- Make any resale or commercial use of the Website or Company Materials; or (b) make any derivative use of the Website or Company Materials.
- Links to Third Party Sites
The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. Chef’d makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that Chef’d is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
g. Communications to Us; User Content
Website Content. This Website is owned and operated by Chef’d. All right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials") are owned either by Chef’d or by third party chefs, restaurants, authors, developers, or vendors that have licensed the Materials to Chef’d ("Third Party Providers"). Except as otherwise expressly provided by Chef’d, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of Chef’d's intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by Chef’d.
Copyrights. All Website design, text, graphics, and the selection and arrangement thereof, are owned by the Company. Copyright © 2015, Chef’d Inc. ALL RIGHTS RESERVED.
Trademarks. "Chef’d", the Company's logo, "The Easiest Way To Cook Like The Pros", all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of Chef’d. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Harder Mirell & Abrams LLP, 1925 Century Park East, Suite 800, Los Angeles, CA 90067, Attn: Jeffrey I. Abrams. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for customer support, and other communications should be directed to our customer service department via our Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Limitations of Liability and Damages.
You agree to defend, indemnify and hold Chef’d, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.
Enforcement of Rules and Polices
Choice of Law.
The Terms and the relationship between you and Chef’d shall be governed by the laws of the State of California without regard to any conflicts of laws principles.
Dispute Resolution by Binding Arbitration
(a) Chef’d and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
claims that arose before these or any prior Terms became effective;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Chef’d,” "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a representative, group, collective or class action or arbitration.
You acknowledge that use of this Website and/or purchase of Service constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
(b) A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: XXXXXX XXX (the "Notice Address"). Chef’d may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Chef’d and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Chef’d may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Chef’d is entitled.
You may download or copy a form Notice of Dispute from XXXXXXXXX.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA's website at: http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. All arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to Company. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephone. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
(d) If, the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of Company's last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 ("the Alternative Payment"), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment").
If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, Company will not seek such an award.
(f) The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
(g) If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
In order to contact Company regarding a complaint about the Service, please Contact Us.
The Terms constitute the entire agreement between you and Chef’d and govern your use of the Website and our Services and Products, superseding any prior agreements between you and Chef’d. The failure of Chef’d to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Chef’d may have under trade secret, copyright, patent or other laws. The employees of Chef’d are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Chef’d, except in a writing signed by an authorized officer of Chef’d. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Chef’d.
You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
Further, unless both you and Chef’d agree otherwise, the trier of fact may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
In addition, in the event of a breach of these Terms by you, Chef’d will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
CHEF’D GIFT CARD TERMS AND CONDITIONS
Chef’d Gift Cards are issued and managed by Chef’d, Inc. and can be only be redeemed toward the purchase of Meal Kits and other products from Chef’d.com or other websites operated by Chef’d, Inc. By accepting and using your Chef’d Gift Card, you are agreeing to these Terms and Conditions. Please read them carefully and keep a copy for your records.
1. RedemptionCustomers who purchase a Chef’d Gift Card will receive a code via email that they can use themselves or forward to the recipient. The Chef’d Gift Card can be redeemed by entering the code and the amount of the Gift Card will be applied towards any qualifying purchase. Any unused balance on the Chef’d Gift Card will remain associated with the user’s Chef’d.com account. If a purchase exceeds the amount of the Gift Card and/or the balance in the user’s Chef’d.com account, the remaining amount must be paid with another payment method.
2. LimitationsChef’d Gift Cards and any balance in your Chefd.com account do not expire. However, Chef’d Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law, or for shipments outside the U.S.. No portion of the balance in your Chefd.com account may be transferred to another Chefd.com account.
3. Risk of LossThe risk of loss and title for Chef’d Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or any Chef’d Gift Card or the balance in your Chefd.com account is used without your permission.
(i) We reserve the right to void Chef’d Gift Cards or any other component of the balance in your Chefd.com account, close customer accounts and bill alternative forms of payment if we suspect that a Chef’d Gift Card is obtained, used or applied to a Chefd.com account fraudulently, unlawfully or otherwise in violation of these Chef’d Gift Card terms and conditions.
(ii) The Chef’d.com Terms and Conditions, including without limitation the Dispute resolution provisions, apply and are incorporated herein by references. All Chef’d Gift Card terms and conditions are subject to change without notice and are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, the unenforceable term(s) will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Refer-a-Friend Program Terms & Conditions
As a Refer-a-Friend member (a “Referrer”), you are subject to the following Terms & Conditions for Chef’d’s Refer-a-Friend program:
Last Updated: December, 9 2015