Plates On Deck provides services through myplatesondeck.com and its related pages (together the “Site”). Through the Site, Plates On Deck provides a platform whereby website visitors (“Users”) may schedule meal preparation completed by independent chefs (“Chefs”) of Plates On Deck’s choosing. The Users will pay Plates On Deck for the service.Together, this set of opportunities allowing a User to dictate and schedule meal preparation is known as the “Services” provided by Plates On Deck.
Users understand that the Services provided by Plates On Deck are limited to those detailed in the “Description of Services” above.
Users understand that Chefs are independent contractors of Plates On Deck. Plates On Deck has no responsibility for or control over Chefs’ conduct, quality of service, adherence to laws and regulations or any and all other forms of output, consequences of output or responsibilities borne by the Chefs. Under no circumstances is Plates On Deck liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred.
Users understand that the process to reserve a Chef is performed as follows. First, a User purchases meal preparation for a particular day and menu item (together an “Event”) using the Site’s functionality. The meal preparation, also known as the service fee, is paid before or after purchase via telephone. If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing.
Users understand that the process to pay is performed as follows. Plates On Deck collects Users’ service fee payments before or after Events through a third-party online payment processing system. If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing. Users agree to allow Plates On Deck to automatically re-bill their original form of payment through the secure third-party payment processor after 3 services have been reached, for future services. Users agree that under no circumstances is Plates On Deck liable in any manner for any loss or damage of any kind incurred as a result of Users’ use of the third-party online payment processing system.
Payment and Cancellation Policy
Users understand that Plates On Deck requires full service payment from Users. If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing. If the Event is cancelled by the User within 72 hours of the Event, User will forfeit the entire payment. Users understand that upon completion of Events, Plates On Deck will receive payment regardless of Users’ level of satisfaction with the Events. We understand that clients may want our traditional service for an initial trial visit. After the first trial visit, we understand if a client does not want to proceed going forward. However, if a client chooses to continue with our traditional service, we require a minimum of eight visits. If a client chooses to cancel traditional personal chef service prior to eight visits, we require a cancellation fee of $300. Please note we consider a pause in service a cancellation if you do not receive service for more than 4 weeks, unless a future service date is specified.
Plates On Deck reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Site or Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Services.
Plates On Deck has the right, but not the obligation, to regulate content posted to, stored on or transmitted from saltedchef.com by any User or Chef; and to enforce the TOU for any reason and in any manner or by any means that Plates On Deck, in its sole discretion, deems necessary or appropriate (including but not limited to screening, blocking, filtering, requiring the use of an application programming interface (API), authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Plates On Deck may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
Users agree that Plates On Deck has the right, but not the obligation, to terminate a User’s access to the Site and Services by deleting a User’s account or blocking an e-mail or IP address immediately and without notice, for any reason deemed by Plates On Deck to be inconsistent with the TOU. Users agree that Users will not hold Plates On Deck liable for any such termination by Plates On Deck.
Users understand that any such measures, actions or inactions taken by Plates On Deck and any of its members or officers that fall under the “Moderation” section are undertaken voluntarily and in good faith.
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.
In connection with your use of the Site and Services, you may not and you agree that you will not:
Plates On Deck will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
The Site, including all of its content created by Plates On Deck, and Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of Plates On Deck. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services. When used on the Site or for other commercial purposes, the phrase or logo “Plates On Deck” is a trademark of My James Group LLC.
Signing up as a User is free. When an Event is reserved and completed with a Chef and in consideration for providing the Services surrounding such an Event, Plates On Deck collects a service fee from Users that is processed on the Site. This fee for Services is a percentage of the total payment processed on the Site. If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing. Regardless of the User’s level of satisfaction with Chef Services provided, Plates On Deck will retain its fee in consideration of the provision of the Site and Services.
YOUR ACCESS TO, USE OF AND RELIANCE ON PLATES ON DECK IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION. USERS ACKNOWLEDGE AND AGREE THAT PLATES ON DECK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CHEF, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
PLATES ON DECK (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, PLATES ON DECK ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND CHEF SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.
PLATES ON DECK AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH PLATES ON DECK BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND OTHER PERSONS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH PLATES ON DECK, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF PLATES ON DECK OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH PLATES ON DECK; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH PLATES ON DECK; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH PLATES ON DECK.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH PLATES ON DECK (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify and hold Plates On Deck and its members and officers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, and/or your violation of any law or the rights of a third party.
This TOU constitutes the entire and exclusive understanding and agreement between Plates On Deck and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between Plates On Deck and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of New York or Florida and the United States of America.
Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Plates On Deck to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.