Effective Date: September 18, 2017
IMPORTANT: READ THESE TERMS BEFORE ACCESSING OR USING THE SERVICES.
By accessing and using the Services, you (a “User”) are agreeing to be contractually bound by these Terms. If you do not agree to these Terms, then do not access or use the Services. For any reason and at any time, warehouse apps may modify, amend or supplement these Terms or terminate your access or use of the Services. Should these Terms be modified, amended or supplemented, then your continued access or use of the Services as of the date these Terms are last updated constitutes your consent to be bound by the modified, amended or supplemented Terms.
The bites. mobile app and the www.bites.mobi website (each an “Application”) are digital platforms that provide a marketplace where a foodie (“Foodie”, “Foodie User”, “Customer”, or “Consumer”) and chef (“Chef” or “Chef User”)(each, a “User”) can come together for culinary adventures, whether via personal chef services at a Foodie User’s home or via drop-off homemade meal services. The bites. mobile app gives Foodie Users access to Chef Users nearby. The www.bites.mobi website gives Chef Users access to local farms nearby. The Services are available solely for personal, noncommercial purposes. The Services exclude catering services, transportation, and anything otherwise not expressly included. All Chef Users are Third Party Providers who use the Services to create and maintain profiles that allow them to showcase their culinary talents, show their support for local farms by sourcing their ingredients from such farms, and offer their personal chef services to Foodie Users. While sourcing of some or all ingredients from local farms is not mandated, the ethos behind the Services is that chefs seek out local farms for sourcing of ingredients in dishes they create for Foodie Users in an effort to support local farms. The Services are not available to caterers or catering companies who are using the bites platform to make mention of catering services.
Chef Users understand that the relationship they have with warehouse apps by way of their access and use of the Services is that of an independent contractor at all times. Chef Users are not employees of warehouse apps. Chef Users do not have any entitlements, nor do they receive any benefits whatsoever, including but not limited to health/dental insurance, life insurance, retirement, or vacation days. Chef Users are responsible for their own personal and business taxes at all times and for their own profits and losses.
So long as your access and use of the Services complies with these Terms, warehouse apps grants you a limited, non-exclusive, revocable, nontransferable, non-sublicensable license to (i) access and use the Applications and their contents on your personal device. All rights not expressly granted herein are reserved by warehouse apps.
In order to use the Services, and for security and identity verification purposes, you must set up and maintain a personal account (“Account”) via login to Facebook. In order to continue using the Services, you must maintain the same Facebook account you used to set up your Account. Otherwise, you will be denied access to or use of the Services. You must be at least 18 years of age to obtain an Account. Additionally, in order to complete a Services transaction, you must submit to warehouse apps certain personal information, such as your name, address, mobile phone number, photo. You must also submit to warehouse apps a valid credit card in order to reserve a personal chef on the bites. mobile app. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services, or warehouse apps’ termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security of your Account at all times. You may only possess one personal Account.
Persons under the age of 18 may not use the Services. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Your use of the Services must not cause nuisance, annoyance, inconvenience, or property damage to any person or third party whatsoever. You may not authorize third parties to use your Account. Persons under the age of 18 whom you allow to receive personal chef services must be accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
The Services and all rights therein are and remain the property of warehouse apps or its licensors. You are not granted or conveyed any rights by way of these Terms or by way of your use of the Services except for the limited license granted above. You may not otherwise use the bites. mobile app, www.bites.mobi website, the bites. brand, bites. trademarks, bites. copyright, or the warehouse apps trademarks or those of warehouse apps’ licensors.
You may not: (i) transfer, transmit, stream, sell, resell, distribute, reproduce, lease, license, modify, broadcast, create derivative works based upon, publicly perform, publicly display, or otherwise exploit the Services except as expressly permitted by warehouse apps; (ii) remove any trademark, copyright or other proprietary identifiers from any portion of the Services; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (iv) disassemble, decompile, or reverse engineer the Services; (v) link to, frame or mirror any portion of the Services; (vi) cause or launch any scripts or programs in order to survey, scrape, index, or otherwise data mine any portion of the Services; or (vii) cause or launch any scripts or programs for purposes of burdening or hindering the operation and/or functionality of the Services.
Network Access and Devices
You must obtain data network access necessary to use the Services. If you access or use the Services from a wireless-enabled device, be aware that data and messaging rates and fees from your mobile network may apply. To access and use the Services and Applications and any updates to them, you are responsible for acquiring and updating compatible hardware and devices. The Services are not guaranteed to function on any particular hardware or devices. Additionally, malfunctions and delays inherent in the use of the Internet and electronic communications may affect the Services.
You must not provide User Content that is unlawful, hateful, violent, defamatory, libelous, obscene, pornographic, or otherwise offensive, as determined by warehouse apps, in its sole discretion, regardless whether such material is protected by law. You acknowledge that warehouse apps may, in its discretion, monitor, review, or remove User Content, at any time and for any reason, without notice to you.
You represent and warrant that either all User Content is solely and exclusively yours, or that you have all requisite rights, licenses, consents and releases to grant warehouse apps the license to the User Content. You also represent and warrant that the User Content and your uploading, publishing and otherwise making available such User Content, including warehouse apps’ use of the User Content as permitted herein, will not violate, infringe, or misappropriate a third party’s intellectual property or proprietary rights, or rights of privacy or publicity, or violate any applicable law or regulation.
Chef Users may upload, publish and make available through the Services textual and visual content and information related to their personal chef services. Chef Users may also indicate which farms they source ingredients from by displaying farm names. Foodie Users may publish and make available through the Services textual reviews and ratings of those Chef Users whom Foodie Users reserved through the Services. Foodie Users and Chef Users may use the Services to textually chat with one another related to personal chef services. Users may use the Services to provide feedback to warehouse apps related to the Services and to initiate support requests. By providing User Content through the Services, you give warehouse apps a perpetual, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense, to use, modify, copy, distribute, create derivative works of, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including, but not limited to, in connection with the Services and warehouse apps’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Responsibilities of Chef Users
Chef Users will provide all ingredients, cooking tools, utensils, cookery, and any special or necessary material for food preparation and cooking to be performed by Chef Users. Chef Users will perform all kitchen cleanup related to food preparation and cooking. Chef Users will not be expected to provide any dish ware, serving dishes, stemware, glassware, cutlery, silverware, other utensils, or napkins. Chef Users will plate each course one time for each guest using the dishware provided by Foodie Users. Chef users will not function as food servers. Chef Users will not be expected to remove any trash associated with having prepared or cooked at a Foodie User’s home.
Representations and Warranties of Chef Users:
By using the Services, Chef Users, as independent contractors, make the following representations and warranties: 1) Chef Users represent and warrant that they have obtained and will continue to appropriate maintain food safety certification or food manager’s certification from their local jurisdiction’s regulatory agency or state health and/or environmental services department where they are offering to provide personal chef services; 2) Chef Users represent and warrant that they have consulted with their local or state food safety regulatory agency if they are unsure of food safety requirements and procedures; 3) Chef Users represent and warrant that they have obtained, if necessary, any applicable business licenses from their city and county government offices; 4) Chef Users represent and warrant that they will continuously comply with any and all applicable city, county, and state required regulations for all food products they prepare, cook and serve for consumption by consumers; 5) Chef Users represent and warrant that they have obtained and will maintain all necessary insurance policies and coverages appropriate to their personal chef services, regardless whether they are professional chefs, culinary school students (chefs in training), or homemaker cooks; and 6) Chef Users who are homemaker cooks represent and warrant that they will either prepare and cook food onsite at a consumer’s home and/or prepare and cook food at a licensed commercial kitchen in the case of dropped-off food services to consumers. Chef Users who are homemaker cooks represent and warrant that they will not prepare or cook food at their own homes.
As a Foodie User, you understand that your completion of a transaction using the Services will result in charges to you for the services and goods you receive from your selected Chef User (“Charges”). Full payment will be charged to your credit card upon you making a reservation. Charges will be inclusive of applicable taxes where required by law. Charges paid by you become non-refundable 5 calendar days prior to the reservation date. Charges paid by you are partially (50%) refundable 6 or more calendar days prior to the reservation date. Notwithstanding the above, you may cancel any reservation within the first 24 hours of having made the reservation, and in such instance, you will receive a Full Refund of all Charges.
In the event that a Chef User cancels a reservation or simply does not show up (No Show), all charges paid by the Foodie User will be refunded in full. In the case of No Show, warehouse apps will perform its own diligence to determine the validity of the Foodie User’s claims before making a determination as to the issuance of any refund to the Foodie User.
Chef Users must consult their Chef Profile Intake Form for cancellation policy terms affecting payment to them.
Users understand that gratuities are strictly voluntary and not part of the Services. As a Foodie User, you are under no obligation to pay gratuities as part of the Services. Foodie Users who have received services or goods through the Services will have the opportunity to rate and review Chef Users.
As a User, you agree to indemnify and hold warehouse apps and its officers, directors, managing members, members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services, whether as a Chef User or Foodie User, or services or goods obtained through your use of the Services; (ii) warehouse apps’ use of your User Content; (iii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including Third Party Providers.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WAREHOUSE APPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WAREHOUSE APPS MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE QUALITY, TIMELINESS, RELIABILITY, AVAILABILITY, OR SUITABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES. ADDITIONALLY, WAREHOUSE APPS MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WAREHOUSE APPS 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
WAREHOUSE APPS SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOOD POISONING, LOST DATA, LOST PROFITS, PROPERTY DAMAGE, OR PERSONAL INJURY, IN CONNECTION WITH, RELATED TO, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WAREHOUSE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAREHOUSE APPS SHALL NOT BE LIABLE FOR ANY LIABILITY, LOSSES, OR DAMAGES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR YOUR USE OR RELIANCE ON THE SERVICES; OR (ii) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WAREHOUSE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAREHOUSE APPS SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND WAREHOUSE APPS’ REASONABLE CONTROL. WAREHOUSE APPS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL IN NO EVENT EXCEED THREE HUNDRED U.S. DOLLARS (US $300).
YOU AGREE THAT WAREHOUSE APPS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THESE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree that any dispute, controversy, or claim arising out of or relating to these Terms or the validity, enforcement, breach, termination, or interpretation thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and warehouse apps, except that each party retains 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. You acknowledge and agree that you and warehouse apps are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and warehouse apps otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration” section will survive any termination of these Terms.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration. The arbitrator will either be an attorney licensed to practice law in the state of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators, or a retired judge. If the parties are unable to agree upon an arbitrator within five (5) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and warehouse apps otherwise agree, the arbitration will be conducted in Phoenix, Arizona, USA. If your claim does not exceed $15,000, then the arbitration will be conducted solely on the basis of documents you and warehouse apps submit to the arbitrator. If your claim exceeds $15,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. If warehouse apps prevails in arbitration, it will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, arbitrator or administrative fees will be solely as set forth in the AAA Rules.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, USA, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
You may not assign these Terms without warehouse apps’ prior written approval. warehouse apps may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of warehouse apps’ 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, warehouse apps 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. warehouse apps’ 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 warehouse apps in writing.
Claims of copyright infringement should be sent to warehouse apps’ DMCA designated agent.
Notice by warehouse apps may be given by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Effective Date: September 18, 2017
Information You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, home address, profile picture, payment method, items requested (for personal chef services), delivery notes, and other information you choose to provide.
Information We Collect Through Your Use of Our Services
When you use our Services, we collect information about you in the following general categories:
- Location Information: When you use the Services, we collect precise location data about where the personal chef services will be performed or where food will be dropped off. If you permit the bites. app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
- Contacts Information: If you permit the bites. app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Policy or at the time of consent or collection.
- Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details.
- Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
- Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the bites. app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the bites. app seeks before you first use the app, and your use of the app constitutes your consent.
Information We Collect From Other Sources
We may also receive information from other sources and combine that with information we collect through our Services. For example:
- If you link, create, or log in to your bites. account with a payment provider (e.g., Google Wallet), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
- When you link, create, or log in to your bites. account with Facebook, we may receive information about you or your connections from that site or app.
Use of Information
We may use the information we collect about you to:
- Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users, develop safety features, authenticate users, and send product updates and administrative messages;
- Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
- Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of bites. app and warehouse apps and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
- Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
Sharing of Information
We may share the information we collect about you as described in this Policy or as described at the time of collection or sharing, including as follows:
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
- With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
- With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate;
- With warehouse apps’ subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
- With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
- With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our warehouse apps Terms, Policies, or to protect the rights, property, or safety of warehouse apps or others;
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
- If we otherwise notify you and you consent to the sharing; and
- In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and Advertising Services Provided by Others
You may correct your account information at any time by contacting us or by logging into your online or in-app account. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Cookies and other web technologies
Web Beacons (also known as clear GIFS) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on your hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
warehouse apps will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for bites. app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to derive your approximate location from your IP address.
We may also seek permission for bites. app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. warehouse apps does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
Changes to Policy
We may change this Policy from time to time. If we make significant changes in the way we treat your personal information, or to this Policy, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review this Policy for the latest information on our privacy practices.