Last Updated 17 October, 2020
- OUR PRIVACY PRINCIPLES:
By using our site [and/or our App], you agree to the following:
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, or for purposes necessary for our mode of operation e.g. to deliver an order/ fulfill a request.
Welcome to Chefaid, a service provided by Blackbean Marketing Technologies Inc. (“Chefaid”, “we,” “us,” or “our”).
Chefaid provides digital tools and tech platforms where you can utilise the power of tech and AI to grow in your careers.
- INFORMATION WE COLLECT
When you use our Service or otherwise interact with us, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:
- Account Data: If you wish to register for the Service, you will need to provide us with certain Personal Data, such as your name, email address, password, postal address, phone number, as well as any biography/profile information (including profile photos) you would like associated with your profile at online stores and streaming services.
- Personnel Data: We will collect information about how you categorize yourself with respect to your content (for example, but not limited to- whether you are an End Customer, HomeChef, ProChef,Recipe Expert, Restaurant, etc.)
- Communication Data: If you contact customer service or otherwise communicate with us by email or otherwise, we may collect Personal Data related to those communications, including the contents of the communications and the data and time they occurred.
Information collected directly by Stripe, including your full payment card information, is governed by rigorous data protection standards that apply to the payment card industry, which you can read in full here: https://stripe.com/privacy
information given to cevnn is stored on their servers in encrypted form, this includes: personal information, account details, transaction history. And everything is done in accordance with FINTRAC’s regulations.know more at : https://cevnn.com/privacy
- Subscription Data: Information about your Chefaid subscription, purchases or receipt of meal ingredients or other products we offer, or your use of our site [and/or our App]s (collectively, our “Services”). This information includes:
- delivery and dietary preferences
- information related to returns, refunds and cancellations, and
- information about gift orders and referrals
- information about your interactions with technical and/or customer support
- General information about your product and service preferences, including your interest in products or services offered by third parties, and your demographics, behavior, and predispositions.
- Information about your device, network, and internet connection, such as your IP address(es), MAC address, other device ID (UDID), device type, operating system type and version, and client version.
- Basic account information related to your Facebook, Apple, or other third party account if you choose to register and log in using such an account. This information includes your username and information from the third party service about whether you entered your password correctly. (These services are designed so that Chefaid doesn’t see your actual password for these services – just whether you got the password right or wrong.)
- Limited payment information. (When you pay for a Chefaid Service, your payment information goes directly to a payment processing company who is responsible for keeping your info safe. We never get your full credit card information. More info below.)
- Employment-related information from Chefaid personnel and or an applicant for personnel positions.
- Other information you upload, provide, or create while using the site [and/or our App]s or our Services.
- Online Activity Data: When you visit, use and interact with the site [and/or our App], we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our site [and/or our App], peak hours of visits, which page(s) are visite [and/or our App]d on our site [and/or our App], the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our site [and/or our App] (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and site [and/or our App]-navigation pattern. In particular, the following information is created and automatically logged in our systems.
- Log data: Information that your browser automatically sends whenever you visit the site [and/or our App] (“log data”). Log data includes your Internet Protocol (“IP”) address (which we collect for security reasons), browser type and settings, the date and time of your request, and how you interacted with the site [and/or our App].
- Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
- Usage Information: Information about how you use our site [and/or our App], including statistical usage data derived from the operation of our site [and/or our App], filtering choices and information regarding the performance results for the site [and/or our App].
- HOW WE USE PERSONAL DATA
We use Personal Data to provide the Service, including all the necessary to perform our contract for you. We also use Personal Data as necessary for the following legitimate business interests:
- To respond to your inquiries, comments, feedback or questions;
- To manage our relationship with you as a customer or user of our Service, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;
- To administer and protect our business and the site [and/or our App], prevent fraud, criminal activity, or misuses of our site [and/or our App], and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); and
- To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties, and recover debts due to us.
- Marketing: We may contact you to provide the information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, for example, if you are in a state with limitations on usage, we will only send you such emails if you consent to us doing so at the time you provide us with your Personal Data. You may opt-out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our site [and/or our App] and Services and to respond to your requests.
- HOW WE SHARE AND DISCLOSE PERSONAL DATA
We collect and use the categories of Personal Information listed above in order to get you delicious meals and otherwise provide our Services, to communicate with you about your subscription and our Services, to provide customer support and troubleshooting, to improve our business, for security purposes, for other legitimate business purposes, or as required by law.
In certain circumstances we may share your Personal Data with third parties without further notice to you unless required by the law, as set forth below:
- Vendors: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers, including hosting, cloud or other information technology services; marketing service providers; payment processors; customer support providers; and web analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
- We collect and use the categories of Personal Information listed above in order to get you delicious meals and otherwise provide our Services, to communicate with you about your subscription and our Services, to provide customer support and troubleshooting, to improve our business, for security purposes, for other legitimate business purposes, or as required by law.
- We restrict our use of employment-related information that we collect from Chefaid personnel and or an applicant for personnel positions solely for designation information, human resources management, and other employment-related purposes or as required by law.
- Our disclosure of Personal Information
- Second, we also share Personal Information with a limited number of other businesses that aren’t service providers. These businesses offer services to Chefaid, like serving advertisements on our behalf across the Internet, serving personalized ads on our website [and/or our App], and providing analytics services. Unlike with our service providers, these businesses have not promised to use Personal Information that we provide solely in connection with Chefaid’s site [and/or our App]s and Services, and they may use your Personal Information for other purposes.
Under the California Consumer Protection Act, this sharing of Personal Information may qualify as the “sale” of Personal Information by Chefaid, even though Chefaid does not get money in exchange for giving a third party access to your Personal Information. Chefaid does not knowingly collect or sell information from or about children under 16 without sufficient legal authorization. For more information about opting out of the “sale” of your Personal Information, go to the Consumer Rights section below.
- Third, we also may disclose your Personal Information when you voluntarily use a site [and/or our App] feature that requires sharing of Personal Information in order to work properly. For example, if you “Like,” “Tweet,” “Pin,” or share content using the social sharing features or other integrated tools on our site [and/or our App]s, you should be aware that the relevant social media company may access Personal Information from you, and any information that you post may be made broadly available, depending on your privacy settings for your social media account.
- Last, we disclose Personal Information to courts, law enforcement, and other appropriate third parties when the disclosure is required or authorized by law or reasonably necessary for the protection of our property or legal rights.
- More about our sharing with service providers
- For example, service providers may get access to Personal Information so they can help with:
- Managing your account and sending you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages
- Fulfilling Service requests
- Protecting against, investigating, and deterring fraudulent, harmful, unauthorized or illegal activity
- Providing reports to you based on information collected from your use of our Services
- Processing your orders and delivering the Services that you have ordered
- Providing support and assistance in connection with your use of our Services
- Providing the ability to contact you and provide you with shipping and billing information and other site [and/or our App]s, Services, recipes, services, offers, surveys, events and other news and information we think may be of interest to you
- Facilitating contests, sweepstakes and promotions and processing and delivering entries and rewards
- Enhancing your experience with our site [and/or our App]s
- Responding to your comments, questions and requests and providing customer service
- Complying with our contractual and legal obligations, resolving disputes with users, enforcing our agreements
- Monitoring and analyzing trends, usage and activities in connection with the site [and/or our App]s
- Linking or combining Personal Information from our various sources of Personal Information (described above) to help us understand your needs and provide you with a better experience
- More about “sale” of Personal Information
- More about social media integrations
- We restrict our use of employment-related information that we collect from Chefaid personnel and or an applicant for personnel positions solely for human resources management, and information related to designation.
- Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
- Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, or other lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the site [and/or our App], or the public, or (v) protect against legal liability.
- With Your Consent: We may share your Personal Data where we obtain your consent to do so, such as to connect you with a record label.
- DATA RETENTION
- If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
- To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
- UPDATE YOUR INFORMATION
If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us at firstname.lastname@example.org. We will address your request as required by applicable law.
- NOTICE TO CALIFORNIA RESIDENTS
- Personal Data Collection, Use, and Disclosure: The following disclosures are intended to provide additional information about (1) the categories of Personal Data we collect, (2) the sources of Personal Data we collect, (3) how we use each category of Personal Data, and (4) how we disclose Personal Data. Nothing in this Notice limits our ability to use or disclose Personal Data as described above.
|Category ofPersonal Data||Sourcesof Personal Data||Useof Personal Data||Disclosureof Personal Data|
|Account Data||We collect Account Data from you.||We use Account Data to provide the Service to communicate with you, and for marketing.||We disclose Account Data to our hosting provider and to our marketing partners.|
|Creator Data||We collect Creator Data from you.||We use Creator Data to provide the Service.||We disclose Creator Data to online stores and streaming services.|
|Communication Data||We collect Communication Data from you.||We use Communication Data to communicate with you and provide customer service.||We disclose Communication Data to our hosting and customer support providers.|
|Payment Data||We collect Payment Data from you.||We use Payment Data to collect payments from you and to transmit payments to you.||We disclose Payment Data to our payment processors and the government tax authorities.|
|Fan Data||We collect Fan Data from online platforms.||We use Fan Data to allow artists and content creators to share news, events, and other updates with their fans.||We disclose Fan Data to the artists and content creators that fans follow or interact with through online stores and streaming services.|
|Social Media Data||We collect Social Media Data from you and from Social Media site [and/or our App]s.||We use Social Media Data to operate our pages on Social Media site [and/or our App]s and for marketing.||We disclose Social Media Information to Social Media site [and/or our App]s.|
|Online Activity Data||We collect Online Activity Information from you via your interaction with the Service.||We use Online Activity Information for analytics and marketing.||We disclose Online Activity Information to our analytics providers and marketing partners.|
We do not and will not sell your Personal Data.
- Privacy Rights: To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Data we collect:
- The right to know what Personal Data we have collected and how we have used and disclosed that Personal Data;
- The right to request deletion of your Personal Data;
- The right to opt out: We may sell your Online Activity Data to third parties. You can opt out by clicking here.
- The right to request the categories of Personal Data we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties;
- The right to be free from discrimination relating to the exercise of any of your privacy rights.
- Exercising Your Rights: California residents can exercise the above privacy rights by emailing us at email@example.com or writing us at:
Blackbean Marketing Technologies Inc.
1 Yonge Street Suite 1801 Toronto
- Verification: In order to protect your Personal Data from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Data. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Data for verification. If we cannot verify your identity, we will not provide or delete your Personal Data.
- Authorized Agents: You may submit a request to know or a request to delete your Personal Data through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.
- Our Service is not directed to children who are under the age of 13. Chefaid does not knowingly collect Personal Data from children under the age of 13.
- If you have reason to believe that a child under the age of 13 has provided Personal Data to Chefaid through the Service please contact us and we will endeavor to delete that information from our databases.
- INTERNATIONAL TRANSFER
- Where we transfer your Personal Data out of the region we will take steps to ensure that your Personal Data receives an adequate level of security protection where it is processed and your rights continue to be protected. For more information, please contact us as described below.
- LINKS TO OTHER WEBSITES [AND/OR OUR APPS]
- By providing these links we do not imply that we endorse or have reviewed these site [and/or our App]s. Please contact the Third Party site [and/or our App]s directly for information on their privacy practices and policies.
- You use the Service at your own risk. We comply with industry standards to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure.
- Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Chefaid via the Internet.
- In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party website [and/or our App]s.
- YOUR CHOICES
Whether or not you provide Personal Data to us is completely up to you, but if you choose not to provide information that is needed to use some features of our site [and/or our App], you may be unable to use those features. You can also contact us to request access to your data or to ask us to update, correct, or delete your Personal Data.
- CONTACT US
- Cookie definitions
- A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device, which is like computer memory.
- First and third-party cookies: whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie.
- First-party cookies are those set by a website [and/or our App] that is being visited by the user at the time (e.g. cookies placed by our website [and/or our App] domain).
- Third-party cookies are cookies that are set by a domain other than that of the website [and/or our App] being visited by the user. If a user visits a website [and/or our App] and another entity sets a cookie through that website [and/or our App], this would be a third-party cookie.
- Persistent cookies: these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website [and/or our App] that created that particular cookie.
- Session cookies: these cookies allow website [and/or our App] operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
- What cookies do we use and why?
- The cookies we may use on the website [and/or our App] may be categorized as follows:
- Strictly necessary
Some cookies may fulfil more than one of these purposes.
- ‘Strictly Necessary’ cookies let you move around the website [and/or our App] and use essential features like secure areas. Without these cookies, we cannot provide the requested services.
- We use these Strictly Necessary cookies to:
- Identify you as being logged in to the website [and/or our App] and to authenticate you
- Make sure you connect to the right service on the website [and/or our App] when we make any changes to the way it works
- For security purposes
- Make sure you connect to the right service on the website [and/or our App] when we make any changes to the way it works
- If you prevent these cookies, we can’t guarantee how the website [and/or our App] or the security on the website [and/or our App] will perform during your visit.
- ‘Performance’ cookies collect information about how you use the website [and/or our App], e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and are only used to help us improve how the website [and/or our App] works, understand the interests of our users and measure the effectiveness of our advertising.
We use performance cookies to:
- Carry out web analytics: Provide statistics on how the website [and/or our App] is used
- Perform affiliate tracking: Provide feedback to affiliated entities that one of our visitors also visite [and/or our App]d their site [and/or our App]
- Obtain data on the number of users of the website [and/or our App] that have viewed a product or service
- Help us improve the website [and/or our App] by measuring any errors that occur
- Test different designs for the website [and/or our App]
- Some of our performance cookies are managed for us by third parties.
- ‘Functionality’ cookies are used to provide services or to remember settings to improve your visit.
We use ‘Functionality’ cookies for such purposes as:
- Remember settings you’ve applied such as layout, text size, preferences and colours
- Remember if we’ve already asked you if you want to fill in a survey
- Remember if you have engaged with a specific component or list on the website [and/or our App] so that it won’t repeat
- Show you when you’re logged in to the website [and/or our App]
- To provide and show embedded video content
Some of these cookies are managed for us by third parties.
- ‘Targeting’ cookies are used to track your visit to the website [and/or our App], as well other website [and/or our App]s, apps and online services, including the pages you have visite [and/or our App]d and the links you have followed, which allows us to display targeted ads to you on the website [and/or our App].
We may use targeting cookies to:
- Display targeted ads within the website [and/or our App].
- To improve how we deliver personalized ads and content, and to measure the success of ad campaigns on the website [and/or our App].
Last Updated: October 17th, 2020
- accessing or using the website [and/or our App]s, mobile applications or blogs (collectively, the “site [and/or our App]s”) provided by or on behalf of Chefaid, Chefaid or our subsidiaries or other affiliates (collectively, “Chefaid,” “we,” “us” or “our”) that link to these Terms or;
- ordering, receiving or using any meal ingredients or other products or services offered by Chefaid through the site [and/or our App]s or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel (collectively, “Third Party Channels”) ((1) and (2) together, the “Products”),
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the site [and/or our App]s on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
Chefaid reserves the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the site [and/or our App]s or updating the “Last Updated” date at the beginning of these Terms.
By continuing to access or use the site [and/or our App]s or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the site [and/or our App]s or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the site [and/or our App]s or order, receive or use the Products.
- The site [and/or our App]s are not targeted toward or intended for use by anyone under the age of 13. By using the site [and/or our App]s, you represent and warrant that you (a) are 13 years of age or older, (b) are a legal resident of the United States or Canada. (c) have not been previously suspended or removed from the site [and/or our App]s, or engaged in any activity that could result in suspension or removal from the site [and/or our App]s, (d) have not created or do not have more than one Chefaid account, unless expressly permitted by Chefaid, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
- We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into our site [and/or our App]s or Products (collectively, “Test Features”).
- We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Test Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.
- Registration, Account and Communication Preferences
- To access and use certain areas or features of the site [and/or our App]s, you will need to register for a Chefaid account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the site [and/or our App]s on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the site [and/or our App]s or your account. You further understand and agree that Chefaid may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
- By creating a Chefaid account, you also consent to receive electronic communications from Chefaid (e.g., via email or by posting notices to the site [and/or our App]s). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- By providing your mobile phone number to us through the site [and/or our App]s or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Chefaid, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our Product. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Chefaid processes your request.
- It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
- Terms of Sale (FOR RESQ86)
Meal Subscriptions; Continuous Subscriptions; Cancellation Policy refer to our RESQ86 Website here.
- License to Access and Use Our site [and/or our App]s and Content
- Unless otherwise indicated in writing by us, the site [and/or our App]s and all content and other materials contained therein, including, without limitation, the Chefaid logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined below), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Chefaid or our licensors or users, as applicable, and are protected by, the respective copyright laws.
- You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the site [and/or our App]s and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the site [and/or our App]s or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the site [and/or our App]s or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the site [and/or our App]s or Content, except as expressly permitted by us, and (f) use the site [and/or our App]s or Content other than for their intended purposes. Any use of the site [and/or our App]s or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Chefaid or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Notwithstanding anything to the contrary in these Terms, the site [and/or our App]s and Content may include software components provided by Chefaid or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
- “Chefaid,” the Chefaid logo and any other Chefaid Product or service names, logos or slogans that may appear on the site [and/or our App]s or Products are trademarks of Chefaid and may not be copied, imitated or used, in whole or in part, without our prior written permission.
- You may not use any metatags or other “hidden text” utilizing “Chefaid” or any other name, trademark or Product or service name of Chefaid without our prior written permission.
- In addition, the look and feel of the site [and/or our App]s and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Chefaid and may not be copied, imitated or used, in whole or in part, without our prior written permission.
- All other trademarks, registered trademarks, Product names and company names or logos mentioned on the site [and/or our App]s or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
- Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Chefaid.
- You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the site [and/or our App]s for noncommercial purposes, provided that such link does not portray Chefaid or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site [and/or our App] does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
- This limited right may be revoked at any time.
- You may not use a Chefaid logo or other proprietary graphic of Chefaid to link to the site [and/or our App]s without our express written permission.
- Further, you may not use, frame or utilize framing techniques to enclose any Chefaid trademark, logo or other proprietary information, including the images found on the site [and/or our App]s or Products, the content of any text or the layout or design of any page, or form contained on a page, on the site [and/or our App]s without our express written consent.
- Chefaid makes no claim or representation regarding the quality, content, nature or reliability of third party website [and/or our App]s accessible by hyperlink from the site [and/or our App]s or of website [and/or our App]s linking to the site [and/or our App]s. Such site [and/or our App]s are not under our control and we provide these links to you only as a convenience.
- The inclusion of any link does not imply our affiliation, endorsement or adoption of any site [and/or our App] or any information contained therein. Except as otherwise provided herein, when you leave the site [and/or our App]s, you should be aware that our terms and policies no longer govern.
- You should review the applicable terms and policies, including privacy and data gathering practices, of any site [and/or our App] to which you navigate from the site [and/or our App]s.
- Third Party Content
- We may display content, advertisements and promotions from third parties through the site [and/or our App]s or in shipments with Products (collectively, “Third Party Content”).
- We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness.
- You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
- User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the site [and/or our App]s.
You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Chefaid;
- Use the site [and/or our App]s in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the site [and/or our App]s or that could damage, disable, overburden or impair the functioning of the site [and/or our App]s in any manner;
- Reverse engineer any aspect of the site [and/or our App]s or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the site [and/or our App]s;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the site [and/or our App]s that you are not authorized to access;
- Develop any third party applications that interact with User Content or the site [and/or our App]s without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the site [and/or our App]s, extract data or otherwise interfere with or modify the rendering of site [and/or our App] pages or functionality; or
- Use the site [and/or our App]s for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- User Content
- The site [and/or our App]s may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the site [and/or our App]s or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the site [and/or our App]s.
- By using the interactive features and areas of the site [and/or our App]s, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Chefaid or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Chefaid employee or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the site [and/or our App]s or Products, or that may expose Chefaid or others to any harm or liability of any type.
- Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the site [and/or our App]s at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the site [and/or our App]s at your sole cost and expense.
- Rights in User Content
- If you submit content you own, you retain your ownership of your intellectual property rights.
- We do not claim any ownership interest in your User Content.
- However, by uploading, posting or submitting User Content to the site [and/or our App]s or to our pages or feeds on third party social media platforms (e.g., Chefaid’s Facebook page, Instagram page or Twitter feed), you hereby grant Chefaid a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
- By uploading, posting or submitting User Content to Chefaid through the site [and/or our App]s or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Chefaid to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
- Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Chefaid, the site [and/or our App]s or the Products (collectively, “Feedback”).
- Feedback is nonconfidential and shall become the sole property of Chefaid. Chefaid shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Chefaid, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Chefaid Parties”), from and against all actual or alleged Chefaid Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the site [and/or our App]s, Content or Products by you or any third party you authorize to access or use such site [and/or our App]s, Content or Products, (b) any User Content you create, post, share or store on or through the site [and/or our App]s or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another.
- You agree to promptly notify Chefaid of any third party Claims, cooperate with the Chefaid Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
- You further agree that the Chefaid Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Chefaid.
- YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
- WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE site [and/or our App]S, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR site [and/or our App]S, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE site [and/or our App]S DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE site [and/or our App]S MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE site [and/or our App]S DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.
- EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE site [and/or our App]S AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Chefaid DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE site [and/or our App]S, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE site [and/or our App]S OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
- We reserve the right to change any and all Content and to modify, suspend or stop providing access to the site [and/or our App]s (or any features or functionality of the site [and/or our App]s) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
- Limitation of Liability; Release
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Chefaid PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE site [and/or our App]S OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY site [and/or our App]S), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY Chefaid PARTY, OR FROM EVENTS BEYOND THE Chefaid PARTIES’ REASONABLE CONTROL, SUCH AS site [and/or our App] INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE Chefaid PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE Chefaid PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM Chefaid EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF MEAL INGREDIENTS, OR ACCESS OR USE OF THE site [and/or our App]S OR CONTENT, EXCEED THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE Chefaid PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE Chefaid PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH Chefaid PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
- Modifications to the site [and/or our App]s and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the site [and/or our App]s (or any features or parts thereof) or the provision of the Products at any time.
- Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO HANDLE CERTAIN DISPUTES AND CLAIMS WITH Chefaid AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- any dispute arising out of this Memorandum shall, as far as possible, be settled amicably between the parties hereto failing which the following shall apply:
- any dispute under this Memorandum shall be referred to arbitration by a sole arbitrator to be appointed jointly by the parties.
- the arbitration proceedings shall be held remotely via Zoom/Google meet in accordance with the provision of the The International Centre for Dispute Resolution, or ICDR or any statutory re-enactment or modification thereof for the time being in force.
- the parties agree that the arbitration award shall be final and binding.
- the parties further agree that subject to the above only the competent court at Toronto, Ontario shall have jurisdiction in all matters arising hereunder.
- the parties further agree to keep the arbitration proceedings and the arbitral award confidential.
- if either party employs any attorney/s to enforce any issue/right arising out of or relating to this Memorandum, the prevailing party shall be entitled to recover reasonable attorney’s fees.
- Governing Law and Venue
These Terms, your access to and use of the site [and/or our App]s and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of Ontario, Canada, without regard to conflict of law rules or principles (whether of Ontario, Canada or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Ontario, Canada.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the site [and/or our App]s and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and Chefaid relating to your access to and use of the site [and/or our App]s and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Chefaid. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Chefaid’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.