Terms and Conditions
Last Updated: February 27, 2020.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CHEFS (DEFINED BELOW), MIXOLOGISTS (DEFINED BELOW), AND SOMMELIERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR SERVICES (DEFINED BELOW) AND CLIENTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SERVICES. YOU UNDERSTAND AND AGREE THAT CTYT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CHEFS, MIXOLOGISTS, SOMMELIERS AND CLIENTS, NOR IS MIXOLOGISTS AN AGENT OR INSURER. CHEF TO YOUR TABLE HAS NO CONTROL OVER THE CONDUCT OF CHEFS, MIXOLOGISTS, SOMMELIERS, CLIENTS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
- ● CTYT Content means all Content that CTYT makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
- ● Collective Content: means Member Content and CTYT Content.
- ● Content means any and all text, graphics, images, music, software, audio, video, information or other materials.
- ● Client means a Member who requests a booking of a Chef Service via the Site or Services, or a Member who partakes in Chef, Mixologist, or Sommelier Services and is not the Client for such Services.
- ● Chef means a Member who creates a Listing via the Site and Services.
- ● Mixologist means a Member who creates a Listing via the Site and Services.
- ● Sommelier means a Member who creates a Listing via the Site and Services.
- ● Listing means a Service or Services that are listed by a Chef, Mixologist, or Sommelier as available for hire via the Site, and Services.
- ● Member means a person who completes CTYT’s account registration process, including, but not limited, to Chef, Mixologist, or Sommeliers and Clients, as described under “Account Registration” below.
- ● Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
- ● Tax or Taxes mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state, and federal indirect or other withholding and personal or corporate income taxes.
- ● Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
CTYT reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of Chefs, Mixologists, Sommeliers and other culinary services (“Services”). Such Services are included in Listings on the Site and Services by Chefs. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Service or create a Listing, you must first register to create an CTYT Account (defined below).
As stated above, CTYT makes available a platform or marketplace with related technology for Clients and Chefs, Mixologists, and Sommeliers to meet online and arrange for bookings of Services. CTYT is not an owner or operator of an agency, including, but not limited to, chefs, catering services, restaurants, food professionals or Services, nor is it a provider of properties, including, but not limited to, event venues, public halls, other lodgings or Services and CTYT does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control equipment and ingredients used by Chefs or Clients in the conduct of exchanging Services. CTYT’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Chef for the purpose of accepting payments from Clients on behalf of the Chef.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SERVICES. CTYT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. CTYT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT’S OWN RISK.
In order to access certain features of the Site and to book a Service or create a Listing, you must register to create an account (“CTYT Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
We will review your CTYT Account and your CTYT Account profile page for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active CTYT Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CTYT reserves the right to suspend or terminate your CTYT Account and your access to the Site and Services if you create more than one (1) CTYT Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CTYT Account, whether or not you have authorized such activities or actions. You will immediately notify CTYT of any unauthorized use of your CTYT Account.
Chef, Mixologist, Sommelier Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, past work history, ingredients, menus, availability of the Services and pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Services via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Final Booking Fee is agreed upon by the Client and Chef, Mixologist, or Sommelier, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client engagement, with Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that CTYT assumes no responsibility for a Chef’s, Mixologist’s, or Sommelier’s compliance with any applicable laws, rules and regulations. CTYT reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that CTYT, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You understand and agree that CTYT does not act as an insurer or as a contracting agent for you as a Chef, Mixologist, or Sommelier. If a Client requests a booking of your Services and retains your Services, any agreement you enter into with such Client is between you and the client; and CTYT is not a party thereto. Notwithstanding the foregoing, CTYT serves as the limited authorized agent of the Chef, Mixologist, or Sommelier for the purpose of accepting payments from Clients on behalf of the Chef, Mixologist, or Sommelier and is responsible for transmitting such payments to the Chef, Mixologist, or Sommelier.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Chef Guide” section of the Site and Services.
If you are a Chef, Mixologist, or Sommelier, CTYT makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Chef, Mixologist, or Sommelier, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Client (and the individuals the Client invites to the place of Services, if applicable.)
CTYT recommends that Chefs, Mixologists, and Sommeliers obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client invites to the Services, if applicable) while providing your Services.
CTYT does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. CTYT is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from CTYT with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Chef against CTYT regarding the remittance of payments received from a Client by CTYT on behalf of a Chef, Mixologist, or Sommelier, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
Bookings and Financial Terms for Chefs, Mixologists, and Sommeliers
The fees displayed in each booking are comprised of the Services Fees (defined below) and the Credit Card Fee (defined below.) Where applicable, Taxes may be charged in addition to the Services Fees and Client Fees. The Services Fees, the Client Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Client solely relating to a Chef’s, Mixologists, and Sommeliers Services are the “Booking Fee”. Please note that it is the Chef, Mixologist, or Sommelier and not CTYT which determines the Booking Fees. The Services Fee may include an ingredients fee, at the Chef’s, Mixologist’s, or Sommelier’s discretion.
CTYT charges an additional Credit Card Fee to Clients based upon a percentage of applicable Booking Fees. The Credit Card Fees are added to the Client’s Fees to calculate the Total Fees (which will also include applicable Taxes). CTYT will collect the Total Fees at the time of booking confirmation and will initiate payment of the Booking Fees (less CTYT commission (defined below)) to the Chef, Mixologist, or Sommelier.
Appointment of CTYT as Payment Agent for Chef, Mixologist, and Sommelier
Each Chef, Mixologist, or Sommelier hereby appoints CTYT as the Chef’s, Mixologist’s, or Sommelier’s limited agent solely for the purpose of collecting payments made by Clients on behalf of the Chef, Mixologist, or Sommelier. Each Chef, Mixologist, or Sommelier agrees that payment made by a Client to CTYT shall be considered the same as a payment made directly to the Chef, Mixologist, or Sommelier and the Chef, Mixologist, or Sommelier will make the Services available to Client in the agreed upon manner as if the Chef has received the Booking Fees. Each Chef, Mixologist, or Sommelier agrees that, CTYT may, in accordance with the cancellation policy selected by the Chef, Mixologist, or Sommelier and reflected in the relevant Listing, (i) permit the Client to cancel the booking and (ii) refund to the Client that portion of the Booking Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Chef, CTYT assumes no liability for any acts or omissions of the Chef.
Please note that CTYT does not currently charge fees for the creation of Listings. However, you acknowledge and agree that CTYT reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that CTYT will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Clients
The Chefs, Mixologists, or Sommeliers, not CTYT, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site and Services. If you, as a Client, choose to enter into a transaction with a Chef, Mixologist, or Sommelier for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Chef, Mixologist, or Sommelier and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Chef, Mixologist, or Sommelier. You acknowledge and agree that you, and not CTYT, will be responsible for performing the obligations of any such agreements, that CTYT is not a party to such agreements, and that, with the exception of its payment obligations hereunder, CTYT disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that CTYT is not a party to the agreement between you and the Chef, Mixologist, or Sommelier, CTYT acts as the Chef’s, Mixologist’s, or Sommelier’s payment agent for the limited purpose of accepting payments from you on behalf of the Chef, Mixologist, or Sommelier. Upon your payment of amounts to CTYT which are due to the Chef, Mixologist, or Sommelier, your payment obligation to the Chef, Mixologist, or Sommelier for such amounts is extinguished, and CTYT is responsible for remitting such amounts, less CTYT’s Fees, to the Chef, Mixologist, or Sommelier. In the event that CTYT does not remit any such amounts to a Chef, Mixologist, or Sommelier, such Chef, Mixologist, or Sommelier will have recourse only against CTYT.
Bookings for Services will specify the Total Fees. You agree to pay CTYT for the Total Fees for any booking requested in connection with your CTYT Account if such requested bookings are confirmed by the applicable Chef, Mixologist, or Sommelier. In order to establish a booking pending the applicable Chef’s, Mixologist’s, or Sommelier’s confirmation of your requested booking, you understand and agree that CTYT, on behalf of the Chef, Mixologist, or Sommelier, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once CTYT receives confirmation of your booking from the applicable Chef, Mixologist, or Sommelier, CTYT will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that CTYT cannot control any fees that may be charged to a Client by his or her bank related to CTYT’s collection of the Total Fees, and CTYT disclaims all liability in this regard.
Chefs, Mixologists, or Sommeliers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Services. If a Security Deposit is included in a Service for a confirmed booking, CTYT will, in its capacity as the payment agent of the Chef, use its commercially reasonable efforts to obtain a pre-authorization of the Client’s credit card in the amount the Chef determines for the Security Deposit within a reasonable time prior to the date of service. CTYT will also use its commercially reasonable efforts to address Chefs’, Mixologists’, or Sommeliers’ requests and claims related to Security Deposits, but CTYT is not responsible for administering or accepting any claims by Chef, Mixologist, or Sommelier related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, CTYT collects service fees from Chefs, Mixologists, Sommeliers and Clients (“Service Fees”). Service Fees are made up of two (2) components: (i) Credit Card Fees and (ii) a fee that is charged to the Chef based upon a percentage of the amount of the Total Fees (“Booking Payment Fees”). Where applicable, Taxes may also be charged in addition to the Credit Card Fees. Booking Payment Fees are deducted from the Total Fees before remitting the Chef’s, Mixologist’s, and Sommelier’s Fees to the Chef, Mixologist, and Sommelier, within 24 hours of the time of service. Credit Card Fees are, as noted above, included in the Total Fees.
Balances will be remitted by CTYT to Chefs, Mixologists, and Sommeliers via direct deposit or other payment methods described on the Site. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Client, you wish to cancel a confirmed booking made via the Site and Services, prior to the date of Services, the cancellation policy of the Chef, Mixologist, or Sommelier contained in the applicable Booking will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.
If a Chef, Mixologist, or Sommelier cancels a confirmed booking made via the Site, Services, (i) CTYT will refund the Total Fees for such booking to the applicable Client within a commercially reasonable time of the cancellation and (ii) the Client will receive an email or other communication from CTYT containing alternative Listings and other related information. If the Client requests a booking from one of the alternative Listings and the Chef, Mixologist, or Sommelier associated with such alternative Listing confirms the Client’s requested booking, then the Client agrees to pay CTYT the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Chef, Mixologist, or Sommelier cancelled a confirmed booking and you, as a Client, have not received an email or other communication from CTYT, please contact CTYT at firstname.lastname@example.org
In some instances, Clients may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before date of Services (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize CTYT, on behalf of the Chef, Mixologist, or Sommelier, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.
Some Chefs, Mixologists, and Sommeliers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Chef, Mixologist, or Sommelier does in fact make the donation he or she pledged to make.
IRS regulation, regarding federal tax reporting requirements, stipulates that CTYT must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. CTYT cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Chef, Mixologist, and Sommelier is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Chef, Mixologist, or Sommelier, CTYT may issue a valid VAT invoice to such Chef, Mixologist, or Sommelier.
As part of the Services, CTYT may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Client) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees if your booking is confirmed by a Chef, Mixologist, or Sommelier. The currency in which you will be charged will be determined by CTYT based on the payment method you select and the location of the Accommodation in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Chef, Mixologist, or Sommelier to receive payment, CTYT will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that CTYT has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although CTYT updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, CTYT will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date CTYT makes payment to a Chef, Mixologist, or Sommelier.
Damage to Services
As a Chef, Mixologist, or Sommelier, you are responsible for leaving the premises of Services in the condition it was in when you arrived. You acknowledge and agree that, as a Chef, Mixologist, or Sommelier, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the premises of Service. In the event that a Client claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
- ● violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- ● use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- ● use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- ● copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- ● infringe the rights of any person or entity, including but not limited to, their intellectual property, privacy, publicity or contractual rights;
- ● interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- ● use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- ● use our Site or Services in connection with the distribution of unsolicited commercial email ("spam");
- ● "stalk" or otherwise harass in any way any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an CTYT Client or Chef, Mixologist, or Sommelier;
- ● register for more than one CTYT Account or register for an CTYT Account on behalf of an individual other than yourself;
- ● contact a Chef, Mixologist, or Sommelier for any purpose other than asking a question related to a booking, such Chef’s, Mixologist’s, or Sommelier’s Services or Listings;
- ● contact a Client for any purpose other than asking a question related to a booking or such Client’s use of the Site and Services;
- ● when acting as a Client or otherwise, recruit or otherwise solicit any Chef, Mixologist, or Sommelier or other Member to join third party services or websites that are competitive to CTYT, without CTYT prior written approval;
- ● as a Chef, Mixologist, or Sommelier, any additional people recruited by you are the sole responsibility of the Chief Chef, Mixologist and Sommelier. Any liability caused by additional people recruited by the Chef, Mixologist ,or Sommelier would then be the responsibility of that Chef, Mixologist or Sommelier
- ● impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- ● use automated scripts to collect information or otherwise interact with the Site or Services;
- ● use the Site and Services to find a Chef, Mixologist, or Sommelier or Client and then complete a booking of an Accommodation transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to CTYT provision of the Services;
- ● as a Chef, Mixologist, or Sommelier, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- ● or post, upload, publish, submit or transmit any Content that:
- □ infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- □ violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- □ is fraudulent, false, misleading or deceptive;
- □ is defamatory, obscene, pornographic, vulgar or offensive;
- □ promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- □ is violent or threatening or promotes violence or actions that are threatening to any other person; or
- □ promotes illegal or harmful activities or substances.
- ● systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- ● use, display, mirror or frame the Site or any individual element within the Site, Services, CTYT’s name, any CTYT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CTYT’s express written consent;
- ● access, tamper with, or use non-public areas of the Site, CTYT’s computer systems, or the technical delivery systems of CTYT’s providers;
- ● attempt to probe, scan, or test the vulnerability of any CTYT system or network or breach any security or authentication measures;
- ● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CTYT or any of CTYT’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- ● forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- ● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
- ● advocate, encourage, or assist any third party in doing any of the foregoing.
CTYT will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CTYT may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CTYT has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CTYT reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CTYT, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of CTYT and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
CTYT Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, CTYT grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CTYT Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CTYT or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to CTYT a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. CTYT does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to CTYT the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CTYT’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that CTYT is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CTYT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CTYT used herein are trademarks or registered trademarks of CTYT. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the “Contact” (www.cheftoyouttable.com/contact-us) section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of CTYT and you hereby irrevocably assign to CTYT and agree to irrevocably assign to CTYT all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At CTYT’s request and expense, you will execute documents and take such further acts as CTYT may reasonably request to assist CTYT to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
CTYT respects copyright law and expects its users to do the same. It is CTYT’s policy to terminate in appropriate circumstances the CTYT Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see CTYT’s Copyright Policy at www.cheftoyouttable.com/privacy-policy, for further information.
Termination and CTYT Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your CTYT Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event CTYT terminates these Terms, or your access to our Site and Services or deactivates or cancels your CTYT Account you will remain liable for all amounts due hereunder. You may cancel your CTYT Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your CTYT Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CTYT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND CHEFS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CTYT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CTYT MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CTYT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF CTYT TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CTYT OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CHEFS OR CLIENTS. YOU UNDERSTAND THAT CTYT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. CTYT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND CHEFS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY CTYT. NOTWITHSTANDING CTYT’S APPOINTMENT AS THE LIMITED AGENT OF THE CHEFS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE CHEFS, CTYT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CTYT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CTYT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CTYT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE CHEFS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE CTYT HOST GUARANTEE, IN NO EVENT WILL CTYT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A CHEF, THE AMOUNTS PAID BY CTYT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CTYT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold CTYT and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any CTYT Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. CTYT does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If as a client, you hire a chef OR as a chef, accept a booking from a client who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CTYT by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between CTYT and you regarding the Site, Services, Collective Content, Referral Program, and any bookings or Listings of Services made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CTYT and you regarding bookings or listings of Services, the Site, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without CTYT’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CTYT may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CTYT (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Jefferson County for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.
Arbitration Rules and Governing Law. The 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 “Dispute Resolution” 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 section. Arbitration Process. 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 at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and CTYT otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CTYT submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, 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. Arbitrator’s Decision. 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. CTYT will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, CTYT will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if CTYT changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of CTYT’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CTYT in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of CTYT to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CTYT. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact CTYT at email@example.com