Terms of Service

Last Updated: 31 May 2018

Contents

1. Introduction

2. Definitions

3. Eligibility, Using the Service, User Verification

4. Service and our Fee

5. Service Only Provides a Venue

6. User Vetting

7. Billing and Payment Policy

8. Release

9. Public Areas and Your Responsibility

10. Terms included in contracts between Chefseekers and Chefs

11. Rates and fees

12. Amending or cancelling a job

13. Warranties and our responsibility

14. Contacting Us

1. Introduction

1.1. This website (www.wechefapp.com) is operated by WECHEF LTD. (“WECHEF”). Our office address is 86-90 Paul Street, London, EC2A 4NE, United Kingdom. These Terms of Service (“ToS”) govern the use of the services offered by WECHEF on the website, mobile applications, or otherwise. Such services, website and mobile applications together are hereinafter referred to as the “Service”. Please read these ToS and the WECHEF Privacy Policy (available here) before using the Service. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these ToS and the Privacy Policy. If you object to anything in these ToS or Privacy Policy, please do not use the Service. The Privacy Policy is incorporated by reference into these ToS and together are hereinafter referred to as the “Agreement”. We may change the Agreement from time to time. If we do so, we will update the documents and, if you are registered with us, we will send you an email to let you know about any changes. There are some important parts of these ToS that we have highlighted here:

1.2. WECHEF provides an online venue where individuals or businesses who need a professional cook, chef, sous chef, head chef, pastry chef, baker, butcher, kitchen porter, chef de partie, and other services related to food preparation and commercial kitchen staff (we call them “Chefseekers”) and individuals or businesses who are willing to perform such services (we call them “Chefs”) can connect with each other.

1.3. Chefseekers and Chefs enter into a direct contract with each other in relation to a service to be performed by the Chef. When registered users (“Users”) make or accept a booking, they are entering into a contract directly with each other. WECHEF and its affiliates are not party to that contract, but rather provide an online marketplace as introductory service. WECHEF is not an employer of Chefs utilizing the Service. As such, WECHEF and its affiliates are not responsible if Chefseekers or Chefs do not do what they have said they will do, or if a Chef performs a unsatisfying service, or if there is any dispute between the parties. 1.4. By using the Service and complying with the Agreement, you consent to receiving calls and text messages from us to your mobile phone, if and when we consider this necessary to facilitate fulfilment of a service. WECHEF will not be responsible for any charges or fees from your wireless carrier.

1.5. By using this Service, Chefseekers, in their sole discretion, determine whether or not they are present when a service is performed and/or completed by a Chef. Chefseekers who elect not to be present when a service is performed or completed agree that if someone other than them is present when the service is performed, they are appointing that person as their agent (“Chefseeker’s Agent”) and the Chef may take and follow direction from the Chefseeker’s Agent as if such direction was given from the Chefseeker him or herself. The Chefseeker’s Agent may authorize any applicable waiver by signing in the Chefseeker’s stead. Chefseekers agree that such direction and/or waiver are valid and enforceable against Chefseeker and Chefseeker’s Agent and Chefseekers shall be responsible and liable for all such direction and/or waiver as if made by Chefseeker him or herself.

2. Definitions

For avoidance of doubt:

2.1. Chef means any person who uses the Service with the intention of performing Jobs for Chefseekers.

2.2. Chefseeker means any individual or business who uses the Service with the intention of hiring a Chef to complete a Job.

2.3. User means any user of the Service, whether a Chef or Chefseeker.

2.4. Service means the WECHEF platform and related technologies and services of WECHEF LTD. that provide an online marketplace for services and skills relating to commercial food preparation activities.

2.5. Job or Work refers to services performed or intended to be performed by Chefs on behalf of Chefseekers, arranged through the Service, in return for payment.

3. Eligibility, Using the Service, User Verification

3.1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Service or register a WECHEF account. By accessing or using the Service you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

3.2. WECHEF may make access to and use of the Service, or certain areas or features of the Service, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.

3.3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, screen Users against third party databases or other sources and request reports from service providers, and where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction.

3.4. If you access or download the WECHEF Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Service implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3.5. The Service may also utilize cookies, further details of which can be found in the Privacy Policy.

4. Service and our Fee

4.1. The Service is a web-based communications platform enabling connections between Chefseekers and Chefs. Chefseekers are individuals and/or businesses seeking to obtain food preparation or kitchen services from Chefs, and are therefore clients of the Chefs. Chefseekers and Chefs together are referred to in these ToS as “Users”. Chefseekers seek for a Chef and, if the Chefseeker finds a Chef that suits their needs, the Chefseeker will send a request to the Chef(s) to perform certain work, activities, or other service (collectively referred to as the “Work” or a “Job”). In consideration of providing the Service, WECHEF receives a fee.

5. Service Only Provides a Venue

5.1. Chefs are independent contractors and not employees of WECHEF. WECHEF does not perform Jobs and does not employ individuals to perform Jobs. Users hereby acknowledge that company does not supervise, direct, control or monitor a Chef’s work and is not responsible for the work performed or the service in any manner.

5.2. WECHEF does not take part in the interaction between Users in relation to the Service (other than to try to facilitate fulfilment of services) and is not responsible for the performance of contracts. Users of the Service contract for Jobs directly with other Users. WECHEF will not be a party to any contracts for Chefs or Jobs and is not responsible for the performance of such contracts by Users.

5.3. WECHEF has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the Chef and the way they are carried out, or of any ratings provided by Users in respect of each other, services provided by Chefseekers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users.

5.4. WECHEF gives no assurances about the suitability, reliability, timeliness, or accuracy of the Work requested and provided by Users identified through the Service whether in public, private, or offline interactions.

5.5. WECHEF does not set a Chef’s hours or location of work nor, in any way, supervise, direct, or control a Chef’s work or services performed in any manner. WECHEF will not provide any equipment, labour or materials needed for a particular service. WECHEF is not an employment service, employment business or employment agency and WECHEF does not serve as an employer of any Chefs. As such, WECHEF will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Chefseeker’s use of a Chef’s services.

6. User Vetting

6.1. Chefseekers and Chefs may be subject to an extensive vetting process before they can register and during their use of the Service, using third party services as appropriate. Users hereby give consent to WECHEF to conduct background checks as often as required in compliance with applicable laws.

6.2. Although WECHEF may perform background checks of Users, WECHEF cannot confirm that each User is who they claim to be and therefore, WECHEF cannot and does not assume any responsibility to the accuracy or reliability of identity or background check information.

6.3. WECHEF will not be liable for any false or misleading statements made by Users of the Service.

7. Billing and Payment Policy

7.1. Users of the Service will be required to provide their credit card or bank account details to WECHEF and the Payment Service Provider (“PSP”). Jobs are agreed upon between Chefseekers and Chefs in the following way:

7.1.1. Step 1: Chefseekers search for Chefs by time and date (and potentially other options) and can filter results by type of experience or other desired qualities.

7.1.2. Step 2: WECHEF will take the information provided in Step 1 and provide Chefseekers with a list of Chefs whose registration details, as provided by Chefs to WECHEF, indicate that they could be interested in performing the Work for the Chefseeker. The list will show Chefs’ hourly or daily rates and other information about the Chefs.

7.1.3. Step 3: Chefseekers select the Chef(s) they consider to be the best fit for the Job and send a booking request to the Chef(s) they would like to hire to complete the Job. Chefseekers have the option of choosing as many Chefs as they like and sending a booking request to multiple Chefs at a time. Chefseekers have the option of adding additional details of the service as well, such as what type of tools the Chef needs to bring, uniform, etcetera. Once the Chefseeker sends a booking request to the selected Chefs, they have entered into a contractual obligation to hire the first Chefs to request the booking request up to the number of Chefs they have stated they need during the booking process.

7.1.4. Step 4: Chef confirms acceptance of the Job booking and can communicate with the Chefseeker to discuss any other details of the service via the message interface provided by the Service. Note that the first Chef(s) that accept the booking request, up to the number of Chefs required by the Chefseeker as indicated during Step 3, will be the Chef(s) that the Chefseeker will have hired to complete the Job. For example, if a Chefseeker has confirmed during the booking process that they have a requirement for two Chefs and sends booking request to four Chefs they have identified on the WECHEF platform, the first two Chefs to accept the booking request will be considered booked by the Chefseeker and the contract will then be subject to the cancelation terms. The rate that will be charged to the Chefseeker will be set at this time, depending on the rate set by the Chef(s) which are booked and any fees, taxes, or other items to be charged to the Chefseeker.

7.1.5. Step 5: Once the Job has been completed, the Chef will confirm completion of the Job, including pricing agreed with and provided during Steps 3 and 4 above, as well any additional expenses agreed to by the Chefseeker resulting from a modification to the hours worked, expenses, or other. The total invoice will be sent to the Chefseeker for confirmation and payment. The invoice will detail the amount the Chefseeker owes to the Chef, the fee owed to WECHEF, and any other amounts payable by the Chefseeker.

7.1.6. Step 6: The invoice will be processed as described below unless the Chefseeker disputes the Chef’s notification that the Job is complete or that the invoice is correct, in which case we will contact both the Chefseeker and Chef with the goal of assisting them in reaching an agreement. We may not be in a position to resolve any disputes and give no assurance that we will do so.

7.2. Within 24 hours after a Chefseeker receives confirmation through the Service or via other communication channel that a Job has been completed, the Chefseeker approves or disputes the completed service. If the Chefseeker does not take action to approve or dispute the completed service during the 24 hours period, the Chefseeker agrees that the completed service will automatically be considered approved by the Chefseeker. Once the completed work is approved by the Chefseeker, the Chefseeker will receive an invoice for the amount owed. Within 72 hours after the Chefseeker has approved the completed service and an invoice has been sent, the Chefseeker authorizes WECHEF and/or PSP to process any amount owed, as per the invoice, using the Chefseeker’s payment details. Chefseekers may be charged a cancellation fee through the PSP if the Chefseeker books a Chef but cancels before it is completed, as set forth in the Chef pricing terms.

7.3. WECHEF may offer certain Chefseekers an invoicing option with 14 day payment terms. Under the invoicing payment options, Chefseekers will receive an invoice on a weekly basis for work performed by Chefs during the previous week. Upon receipt, Chefseekers will have 14 days to complete payment of the invoice. Chefs who accept booking requests from Chefseekers utilizing an invoice option acknowledge they will only be paid after the Chefseeker completes payment of the invoice. As the Chef and Chefseeker contract directly, Chefs will receive payments from Chefseekers according to the Chefseekers’ payment terms.

7.4. WECHEF reserves the right, in its sole discretion (but not the obligation), to place on hold any booking payment and out of pocket expenses, or refund, provide credits or arrange for the PSP to do so.

7.5. Service payment and fees, including but not limited to amounts owed by Chefseekers to Chefs for work booked through the WECHEF platform, any fees owed to WECHEF, and any other amounts payable under this agreement, must be paid through the WECHEF platform.

7.6. The Service is not party to contracts between Users and thus is not responsible for payment in respect of Work arranged through the Service. If Chefseekers fail to pay for completed Jobs, WECHEF may attempt to resolve any past-due or unpaid invoices but maintains no obligation to do so and will not be liable to Chefs for any lack of payment by Chefseekers.

7.7. Users of the service will be liable for any taxes (including VAT, if applicable) required to be paid on the Work provided under the Agreement (other than taxes on WECHEF’s income).

7.8. Payment processing services for Chefs or Chefseekers on WECHEF are provided by Stripe. and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a Chef or Chefseeker on WECHEF, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of WECHEF enabling payment processing services through Stripe, you agree to provide WECHEF accurate and complete information about you and your business, and you authorize WECHEF to share it and transaction information related to your use of the payment processing services provided by Stripe.

8. Release

8.1. Our role is to provide the platform facilitating transactions between Chefs and Chefseekers, not to broker them and we are not party to the contracts between Chefs and Chefseekers for the performance of Jobs. The Service is only a venue for connecting Users. Because WECHEF is not involved in the actual contract between Users or in the completion of the Work, if you have a dispute with one or more Users, you release WECHEF from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. WECHEF expressly disclaims any liability that may arise between Users of its Service.

9. Public Areas and Your Responsibility

9.1. When you use our Service, we ask you to provide us certain information about you. That information may include your phone number, email, postal address, text, skills, location, availability, and photos, among others, which may be uploaded onto the Service for other users to see. Information and material uploaded by Users for use in public areas should not be confidential and WECHEF disclaims any liability for any confidential information or material posted in public areas.

9.2. You must ensure that the information is true, complete and current, where applicable, and that you have all the necessary rights to use that materials and to share it with us and with other Users of the Service. You must ensure any material or information you provide does not include anything which is unlawful, offensive, obscene, or defamatory.

9.3. You may not upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer or steal information.

9.4. You may not abuse, threaten, use discriminatory language, mislead, harass, defame, or otherwise violate the legal rights of others, including Users and WECHEF staff. We reserve to terminate your account immediately, and report you to relevant authorities if applicable, as a result of your conduct towards others on the Service.

9.5. You may not advertise any goods or services through the Service which are not relevant to the Service.

9.6. You may not spam other Users.

9.7. You may not imply or state that any statements you make are endorsed by WECHEF, unless you have obtained the necessary prior written consent of WECHEF.

9.8. You will be asked to create a password when creating an account with us. You must keep that password safe and confidential, in order to protect the security of your account. If you believe your account may be at risk, such as someone else knowing your password, you must change your password right away and notify WECHEF. You are solely responsible for all actions taken on our Service using your account.

9.9. If and when you leave a review about other Users, that review must be a fair assessment based on your personal experience dealing with that User or, where containing facts, must be true. WECHEF may remove reviews at its sole discretion.

9.10. You may not use the Service of any illegal purpose, including but not limited to money laundering, bribes, handling proceeds of crime, or any other unlawful purpose.

9.11. In addition to responsibilities for general use of the Service, Chefs and Chefseekers have additional responsibilities related to their respective roles on the platform outlined below.

Chefs:

9.11.1. All information about yourself provided for purposes of matching you with potential Chefseekers must be kept accurate and current.

9.11.2. We will inform you once a Chefseeker has made an offer to enter a contract with you to pay a fee in return for you performing a Job. If you accept their offer, a contract is created between you and the Chefseeker and will be subject to the cancelation terms.

9.11.3. Once you enter a contract with a Chefseeker and agree you will perform a Job for them as per agreed terms, you must perform that Job according to the contract between you and the Chefseeker. You are responsible for ensuring that you perform in accordance with applicable laws.

9.11.4. You may not accept a contract to perform a Job for a Chefseeker unless you are reasonably satisfied that you have the skills, knowledge, resources, and experience to perform that job to the required specifications, standards, and timeframe based on the information provided to you by the Chefseeker.

9.11.5. You are an independent contractor, not an employee of WECHEF or any Chefseeker, and you must not mislead anyone about your employment status.

9.11.6. The Chefseeker will be invoiced by and complete payment through the WECHEF platform.

9.11.7. You are responsible for your own costs and expenses in performing Work, unless you have agreed with the Chefseeker otherwise.

9.11.8. As an independent contractor, you are responsible for your legal liabilities to the Chefseeker. You should consider obtaining appropriate insurance against those liabilities.

9.11.9. As an independent contractor using the Service, you will set your own hourly or daily rates to be shared with Chefseekers using the Service, and this rate must comply with applicable wage laws. Rate changes will not affect Jobs which have already been confirmed and contracted. We may provide you guidance as to an appropriate price range, and reserve the right to limit rates if we deem it necessary. We do not guarantee any minimum or maximum amount of booking requests you will receive from Chefseekers through the platform.

Chefseekers:

9.11.10. All information about yourself provided for purposes of matching you with potential Chefs must be kept accurate and current.

9.11.11. When you search for a Chef on our Service, you will be provided with available Chefs who meet the criteria you have provided and have registered on WECHEF to offer their services.

9.11.12. Chefs set their own hourly or daily rates and WECHEF does not determine the rates charged by Chefs on WECHEF. Rates provided to Chefseekers will include our fee and any applicable taxes. Chefs may increase or decrease their rates as they see fit and appropriate, without notice, though rate changes will not affect work which has already been confirmed and contracted.

9.11.13. When you hire a Chef on the WECHEF platform, you must include a sufficient description of the desired service for WECHEF and Chefs to understand what you want a Chef to do and the Job specifications.

9.11.14. You may not hire a Chef to complete a Job which comprises of any unlawful activities.

9.11.15. Chefs are independent contractors, not your employees and not employees of WECHEF, and you must treat them as such. We are not responsible for any liabilities that arise from HMRC finding a Chef is your employee.

9.11.16. You may not withhold payment for completed Work unless you reasonably believe that the Chef has not fully performed according to your agreement with them. If you intend to withhold payment, you must inform us as soon as possible and provide justification. Otherwise, you must pay the Chef as per the agreed terms. We will attempt to find a solution to any dispute between you and the Chef you hired, though offer no guarantee we will be able to do so.

9.11.17. Payment of the invoice is due as per the payment terms outlined in this document.

9.11.18. You must pay any VAT chargeable in respect of contracted Work, subject to receipt of a valid VAT invoice.

9.11.19. We reserve the right to remove any User profiles from our Service which we deem to be in breach of the Agreement.

10. Terms included in contracts between Chefseekers and Chefs 10.1. By using the Service, you agree that the below terms will always be implied into all contracts between Chefs and Chefseekers using the WECHEF platform.

10.1.1. Chefs are independent contractors and nothing in the contract will create any relationship of partnership, agency, or employment between Chefseekers and Chefs.

10.1.2. The scope of the Job being performed will only be changed through the WECHEF platform.

10.1.3. Payments between Chefseekers and Chefs will only take place through the WECHEF platform.

10.1.4. The contract will terminate automatically if the booked Job is cancelled.

10.1.5. In performing the Job, the Chef will comply with the Chefseekers reasonable instructions.

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0.1.6. The Chefseeker will provide the Chef with reasonable instructions, information, and guidance to complete the Job.

10.1.7. The Chef will comply with the Chefseekers reasonable instructions in completing the Job.

10.1.8. The Chefseeker will pay for all hours worked, as per the agreed rate and as per the terms of this Agreement.

10.1.9. The contract will be governed by English Law.

11. Rates and fees

11.1. Chefs using the Service are independent contractors and thus determine their own rates in accordance with what they deem to be reasonable given the demand for their services, their respective skill and expertise, or any other criteria. WECHEF provides a platform for these Chefs to offer their services at their chosen rate, and thus allows for competition between Chefs based on price, quality, and other factors, while allowing Chefseekers to determine the optimal Chef for their needs based on these factors.

11.2. Rates provided to Chefseekers on the Service include WECHEF’s fees, which will also be disclosed to Chefs and Chefseekers during the booking process. We will deduct our fees from the amounts paid for the performance of Work and pay the remainder (i.e. the rate set by the Chef) to the Chef minus any taxes, insurance, or other necessary deductions.

11.3. Displayed rates and fees are exclusive of VAT, which will be added during the booking process and to the invoice at the prevailing rate, if applicable.

11.4. WECHEF also charges payment processing fees on invoice payments.

12. Amending or cancelling a job

12.1. Should a Chefseeker need to make changes to or cancel a booked Job, the Chefseeker must do so at least eight hours in advance of the scheduled start of the service. This will enable the Chef to try to find alternative work or the Chefseeker to find an alternative Chef, if necessary.

12.2. If a Chefseeker cancels a Job or makes changes such that the Chef is no longer able to perform the Job (e.g. a change in the start or end time) less than eight hours before the scheduled start of the service, the Chefseeker will be liable to pay 50% of the contracted rate and will be issued an invoice as such.

12.3. If the Chefseeker makes changes that are acceptable to the Chef, the change must be made through the Service and will be reflected on the platform and the corresponding invoice.

12.4. Should a Chef need to cancel a booked Job, they must do so at least eight hours in advance of the scheduled start of the Job. This will enable the Chefseeker to try to find an alternative chef.

12.5. If a Chef cancels a booked Job less than eight hours before the scheduled start of the Job, the Chef will be required to provide justification to WECHEF. At its sole discretion, if WECHEF finds that a Chef has insufficient justification or has routinely cancelled booked Jobs, thus causing harm to the business operations of Chefseekers and WECHEF, WECHEF may terminate the Chef’s use of the Service.

13. Warranties and our responsibility

13.1. WECHEF operates the Service and we will use all reasonable endeavours to ensure the Service is available for use and operational as much of the time as possible. However, we do not guarantee that the Service will be available all the time, and in particular it may unavailable during certain times for maintenance. As inherent in web-based services, there may a certain amount of unscheduled unavailability of the Service for reasons both within and outside of our control. We will perform and maintain the Service with reasonable skill but give no warranties regarding the availability of the Service, that the Service will be free from defects, or that the Service will meet any particular standards.

13.2. We may update and modify the Service occasionally. We will use reasonable endeavours to notify you of changes to the Service which are likely to have a significant impact on your use of the Service.

13.3. We will have no liability to you for any loss in revenue, profit, opportunity, goodwill, assets, or any other intangible losses, to the extend it is legally permissible to limit or exclude our liability.

13.4. At our sole discretion, we may suspend or terminate your account with us if you breach these terms or if we reasonably believe it is necessary to protect our interests and those of other users.

14. Contacting Us

14.1. If you have any questions about this Agreement or about the Service, please contact us by email at contact@wechefapp.com or by post to WECHEF LTD., 86-90 Paul Street, London, EC2A 4NE, United Kingdom.

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