By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Klein Kitchen may amend the Terms from time to time. Amendments will be effective upon Klein Kitchen’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Klein Kitchen changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Klein Kitchen written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
The Services comprise mobile personal, web-based, and/or application services (each, an "Connecting Service"), which connects consumers looking for private chef services for short-term or part-time work (one time or repeated daily transactions) which may include shopping for food, preparation of food, and serving of meals if so desired, with third party chefs who provide such services and goods under agreement with Klein Kitchen or certain of Klein Kitchen's affiliates ("Third Party Providers"). In certain instances, the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Klein Kitchen in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN THE SHORT-TERM PRIVATE CHEF SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH KLEIN KITCHEN AS A PROVIDER OF CHEF SERVICES OR ANYTHING RELATED TO COOKING FOOD FOR THE THIRD PARTY PRIVATE EVENTS.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Klein Kitchen certain personal information, such as your name, address, mobile phone number and age, personal or familial preferences, as well as at least one valid payment method supported by Klein Kitchen. You agree to maintain accurate, complete, and up-to-date information in your Account.
User Requirements and Conduct.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and Klein Kitchen may charge you a cancellation fee for a transaction that could not be completed because of your failure to comply with these Terms.
Other than any agreement for Services with and through Klein Kitchen, You agree not to employ or contract with, either directly or indirectly, as an employee, contractor or otherwise, or to solicit the full-time or part-time services of any Chef assigned / placed with You by Klein Kitchen hereunder for a period of one (1) year after completion of the last services provided by said persons unless approved by Klein Kitchen in writing. Should You breach this provision of the Terms and Conditions, You and Klein Kitchen acknowledge and agree that Klein Kitchen shall then be entitled to an amount equivalent to 35% of all compensation provided to the Chef for the services which are subject of the breach for the one-year period from the date of the Chef’s last Services performed pursuant to these Terms and Conditions, whether or not those Services are long-term or short-term.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"), as agreed upon in the individual Event Agreements entered into between You and Klein Kitchen for each Event or retention. The pre-payment obligations with respect to groceries and all other fees will be spelled out in the Event Agreement.
Klein Kitchen will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. All Charges and payments will be enabled by Klein Kitchen using the preferred payment method designated in your Account, after which you will receive a receipt by email
As between you and Klein Kitchen, Klein Kitchen reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Klein Kitchen's sole discretion.Klein Kitchen will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Klein Kitchen may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback.
In certain cases (such as grocery expenses), with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Klein Kitchen will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. By submitting the information on the “Client Information Form”, and by way of these terms and conditions, you waive the right to challenge or request lower Charges related to grocery or other food preparation expenses. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Klein Kitchen or its affiliates, where Klein Kitchen is solely liable for any obligations to Third Party Providers.
Klein Kitchen does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Klein Kitchen (on Klein Kitchen's website, in the Application, or in Klein Kitchen's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Klein Kitchen provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
As outlined in the applicable Event Services Agreements, if Client notifies Company of an Event cancellation more than 48 hours in advance of the scheduled date and time, Company shall provide a full refund of all Fees, and Company shall provide a refund of all Grocery Estimates that have not already been purchased as Grocery Expenses. If Client notifies Company of an Event cancellation within 48 hours of the scheduled date and time, no refund of services fees shall be provided, but Company shall provide a refund of all Grocery Estimates that have not already been purchased as Grocery Expenses. In either instance, if any groceries or other equipment has been purchased as anticipated expenses, no refund will be given for the Grocery Expenses actually incurred, though the groceries or equipment will be made available to the client to take possession of them prior to the scheduled date and time of the event upon written notice and intent to do so (if Client does not elect to take possession, Chef or Company will retain possession of said groceries or equipment).
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH KLEIN KITCHEN ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
You and Klein Kitchen agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Klein Kitchen, and not in a court of law, and that you are required to resolve any claim that you may have against Klein Kitchen on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Klein Kitchen, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Klein Kitchen by someone else.
Any and all such dispute, claim or controversy shall be resolved by and through an arbitration proceeding to be conducted under the auspices and the commercial arbitration rules of the American Arbitration Association (or any like organization successor thereto) in Los Angeles, California. The arbitrability of the dispute, claim or controversy shall likewise be determined in the arbitration. Both the foregoing agreement of the parties to arbitrate any and all such disputes, claims and controversies, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. In the event of any dispute, contest, arbitration or litigation between the parties hereto, the prevailing party in such dispute, contest, arbitration or litigation shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, court costs, and expert or consultant’s fees, incurred by the prevailing party in its successful prosecution or defense thereof, including any appellate proceedings.
Notwithstanding the above, you and Klein Kitchen each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KLEIN KITCHEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KLEIN KITCHEN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KLEIN KITCHEN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
KLEIN KITCHEN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF KLEIN KITCHEN, EVEN IF KLEIN KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KLEIN KITCHEN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF KLEIN KITCHEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KLEIN KITCHEN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KLEIN KITCHEN’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PRIVATE CHEF SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT KLEIN KITCHEN HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRIVATE CHEF SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON KLEIN KITCHEN’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You may not assign these Terms without Klein Kitchen's prior written approval. Klein Kitchen may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Klein Kitchen's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Klein Kitchen or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Klein Kitchen's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Klein Kitchen in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.