Welcome to Chefday.
1. Your Relationship with Chefday
1.1 Your use of Chefday’s services and website (referred to collectively as the “Services”) is subject to the terms of this agreement between you and Chefday. “Chefday” means Chefday, Inc., a Delaware corporation, whose principal place of business is 1304 Willoughby Avenue, Brooklyn 11237, New York.
1.2 Your agreement with Chefday will always include the terms and conditions set out in this document. These are referred to as the “Universal Terms”.
1.3 Your agreement with Chefday will also include the terms of any Legal Notices applicable to the Services. These are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Chefday in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Chefday in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Chefday will treat your use of the Services as acceptance of the Terms from that point onward.
2.3 You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Chefday.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Provision of the Services by Chefday
3.1 Chefday has affiliated legal entities (“Affiliates”). Sometimes, these Affiliates will provide the Services to you on behalf of Chefday. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
3.2 Chefday is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Chefday provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that Chefday may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Chefday’s sole discretion, without prior notice to you.
3.4 You acknowledge and agree that if Chefday disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account.
4. Membership Eligibility; Purchasing the Services; Use of the Services by You; Cancellation Policy
4.1 Membership in Chefday is available to users who are 18 years and older, residents of the United States and whose accounts have not been suspended or removed by Chefday. You agree to use the Services for personal use and not for commercial purposes. Members may not have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account or registration information to anyone else. . By using the Services, you represent that you qualify to use the Services.
4.2 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details and your credit card number) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Chefday will always be accurate, correct and up to date.
4.3 By providing Chefday with your credit card number and associated payment information, you agree that Chefday and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. You agree to immediately notify Chefday of any change in the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees.
4.4 Cancellation policy:, You can cancel your membership at any time.. There is no obligation of purchase on the website as you can skip each recipe by going on the site 2 days prior to delivery. If you still wish to cancel your membership, the cancellation must be made by calling the following number: 1-855-CHEFDAY (toll free).
4.5 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation. You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by Chefday, unless you have been specifically allowed to do so in a separate agreement with Chefday. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you will not engage in any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Chefday or any other website associated with Chefday, or while contacting any of our customer service team.
4.7 We strive to ensure that the information on the Site is complete and reliable. However, certain information may contain typographical errors and other errors or inaccuracies which we may correct without liability.
4.8 We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
4.9 You agree that you are solely responsible for (and that Chefday has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Chefday may suffer) of any such breach.
5. Your Passwords and Account Security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Chefday for all activities that occur under your account. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Chefday immediately of any unauthorized use of your account or any other breach of security. You should contact Chefday at firstname.lastname@example.org. Chefday is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Chefday or another party due to someone else using your account or password.
6. Privacy and Your Personal Information
7. Content on Chefday
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of or through your use of, the Services solely owned by Chefday or have been provided to Chefday by a third party under license to Chefday. All such information is referred to as the “Content”.
7.2 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) without the explicit written permission of Chefday.
8. Proprietary Rights
8.1 You acknowledge and agree that Chefday owns all legal right, title and interest in and to the Services, including any intellectual property rights, in the Services.
8.2 Unless you have agreed otherwise in writing with Chefday, nothing in the Terms gives you a right to use any of Chefday’s trade names, trademarks, service marks, logos, domain names, and other brand features.
9. License from Chefday
9.1 Chefday gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by Chefday. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.
10. Content Provided by You
10.1 By submitting, posting or displaying any content(such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) on or through the Services, you hereby grant Chefday a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content. Chefday reserves the right at any time to remove any content You confirm and warrant to Chefday that you have all the rights, power and authority necessary to grant the above license.
10.2 In connection with providing any content on or through the Services, you represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Chefday will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
11. Ending Your Relationship with Chefday
11.1 The Terms will continue to apply until terminated by either you or Chefday as set out in these Terms. See Section 4 for how to cancel your membership.
11.3 Chefday may at any time terminate its legal agreement with you for any reason, including and without limitation, if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Chefday is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) Chefday no longer provides the Services to users in the jurisdiction in which you are resident or from which you use the Service; or
(D) the provision of the Services to you by Chefday is no longer commercially viable, which is to be determined at Chefday’s sole discretion.
11.4 Nothing in this Section shall affect Chefday’s cancellation policy as set forth in Section 4 of the Terms.
11.5 When this agreement is terminated, all of the legal rights, obligations and liabilities that you and Chefday have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Warranty Disclaimer; Limitation of Liability; Indemnification
12.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHEFDAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; CHEFDAY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. CHEFDAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES. CHEFDAY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
12.2 NEITHER CHEFDAY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "CHEFDAY PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR THE INTERNET. CHEFDAY'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TO TERMINATE THIS AGREEMENT. CHEFDAY RESERVES THE RIGHT TO LIMIT YOUR PARTICIPATION IN THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12.3 Chefday operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
12.4 You agree to defend, indemnify, and hold the Chefday Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
13. Copyright Infringement Notification
13.1 It is Chefday’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act).
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work(s) claimed to have been infringed; Identification of the material that is claimed to be infringing which you would like us to take down, and information reasonably sufficient to permit us to locate such material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Contact our Copyright Agent as follows: Chefday Inc. Attn: Copyright Agent 1304 Willoughby Avenue Brooklyn 11237 NY Email: Laurent@chefday.com