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Terms of Service

Last updated: January 1, 2025

These Terms of Service govern your use of What's Cooking's platform and services. By using our services, you agree to these terms.

Table of Contents

1. Acceptance of Terms 2. Description of Service 3. User Accounts 4. User Conduct 5. Chef Terms 6. Orders & Payments 7. Intellectual Property 8. Privacy 9. Disclaimers 10. Limitation of Liability 11. Termination 12. Governing Law

1. Acceptance of Terms

By accessing or using What's Cooking's website, mobile application, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you and What's Cooking, Inc. ("Company," "we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

What's Cooking is a platform that connects users with home cooks and professional chefs for food ordering and culinary services. Our services include:

  • Online marketplace for ordering home-cooked meals
  • Cook4Me in-home chef services
  • Chef discovery and booking platform
  • Recipe sharing and culinary content
  • Community features and messaging

We act as an intermediary between users and chefs but do not directly provide food preparation services.

3. User Accounts

3.1 Account Creation

To use certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Account Eligibility

You must be at least 18 years old to create an account. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

4. User Conduct

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Post false, misleading, or fraudulent content
  • Harass, abuse, or harm other users
  • Distribute spam or unsolicited communications
  • Attempt to gain unauthorized access to our systems
  • Use the Service for any commercial purpose without our consent
  • Interfere with the proper functioning of the Service

We reserve the right to suspend or terminate accounts that violate these conduct rules.

5. Chef Terms

5.1 Chef Eligibility

To become a chef on our platform, you must:

  • Complete our application and verification process
  • Obtain required food safety certifications
  • Pass kitchen and background inspections
  • Maintain appropriate insurance coverage
  • Comply with all local health and safety regulations

5.2 Chef Responsibilities

As a chef, you agree to:

  • Provide accurate descriptions of your dishes and services
  • Maintain high standards of food safety and quality
  • Fulfill orders in a timely manner
  • Communicate professionally with customers
  • Comply with our quality standards and policies

5.3 Commission and Payments

We charge a commission on completed orders as outlined in your chef agreement. Payments are processed according to our payment schedule, typically weekly.

6. Orders and Payments

6.1 Order Process

When you place an order through our Service, you are making an offer to purchase the items from the chef. Orders are confirmed when accepted by the chef and payment is processed.

6.2 Pricing and Fees

Prices are set by individual chefs and displayed on the platform. Additional fees may apply for delivery, service charges, and taxes. All fees will be clearly disclosed before payment.

6.3 Payment Methods

We accept various payment methods including credit cards, debit cards, and digital wallets. Payment is processed at the time of order confirmation.

6.4 Cancellations and Refunds

Cancellation and refund policies vary by chef and service type. Generally, cancellations made at least 2 hours before delivery are eligible for full refunds. Cook4Me services require 24-hour notice.

7. Intellectual Property

7.1 Our Content

The Service and its content, including but not limited to text, graphics, logos, images, and software, are owned by What's Cooking or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 User Content

You retain ownership of content you submit to the Service, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with the Service.

7.3 Recipe Content

Chefs retain ownership of their recipes and culinary content but grant us permission to display and promote such content on our platform.

8. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

9. Disclaimers

9.1 Service Availability

We provide the Service on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.

9.2 Third-Party Services

We are not responsible for the quality, safety, or legality of food prepared by chefs on our platform. Chefs are independent contractors, not our employees.

9.3 Food Safety

While we implement food safety standards and verification processes, we cannot guarantee the safety of food prepared by third-party chefs. Users consume food at their own risk.

10. Limitation of Liability

To the maximum extent permitted by law, What's Cooking shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or relating to your use of the Service.

Our total liability to you for any claims arising from or relating to the Service shall not exceed the amount you paid to us in the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, your right to use the Service will cease immediately.

11.2 Termination by Us

We may suspend or terminate your account at any time for any reason, including violation of these Terms. We will provide notice when reasonably practicable.

11.3 Effect of Termination

Upon termination, all rights and obligations under these Terms will cease, except those that by their nature should survive termination.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding will be limited to the dispute between you and What's Cooking individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

Contact Information

If you have any questions about these Terms of Service, please contact us:

What's Cooking, Inc.

123 Culinary Street
San Francisco, CA 94102

Email: legal@whatscooking.menu

Phone: 1-800-COOKING (1-800-266-5464)

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