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Terms & Conditions

BookDinner
TERMS OF USE


(Last revised on June 18, 2020)

The website located at www.bookdinner.com (the “Website”) is a copyrighted work belonging to Bookdinner, Inc. (“BookDinner”, “us”, “our”, and “we”). People are able to search for chefs, caterers, and restaurants and order their food.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting BookDinner’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to BookDinner. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

 

THESE TERMS OF USE (“TERMS”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE.

 

  1. HOW BOOKDINNER WORKS

The BookDinner Website allows customers to order meals from chefs, caterers, and restaurants (CC&R’s) The website offers a place for CC&R’s to manage their orders. CC&R’s are able to post their menus (with associated pricing) and sell their food on the platform. Customers are also able to schedule private dinners for the CC&R’s that offer that service. CC&R’s create online profiles which include a bio, video, pictures, and menu. As customers place orders the Chefs, and caterers are able to reject and accept orders. In the case of restaurants, orders are instant and the restaurants must fulfill the order real time.

 

When an order is placed to a chef or a caterer (CoC), if the CoC accepts the order, and email notification is sent to the customer that placed the order and the customer is able to make the payment. Payments can be made via credit card, paypal, or through other forms of payments. Once the payment is made, the CoC gets an email and SMS notification alerting them that they order has been confirmed and they can begin fulfilling the order. The payment is held by BookDinner until the order has been fulfilled. Once the chef fulfills the order, they send BookDinner a request for completion. BookDinner is then able to verify that the order has been completed and releases the payment to the chef. Payments are usually received between 1-3 days after the order have been verified complete by BookDinner.

 

When a customer places and order to a restaurant and pays for the order the restaurant will get an e-mail and SMS notification showing the details of the order. The restaurant is responsible for fulfilling the order right away unless specified by the customer that they want the order to be ready or delivered at a later time. Payments to restaurants are released once a week.

 

Chefs are able to select if they offer private events. If so, it will display on their profile to make customers aware. Customers are able to place orders directly on BookDinner from a chef’s private dinner menu and select a date, time, and location they would like to hold the event. The chef is then able to accept or reject the order depending on their availability and ability to fulfill the request. We encourage chefs to communicate directly with the customers when it comes to private events. Once the order is accepted, BookDinner will hold the order until completed. Once the completion request is sent by the chef, BookDinner will confirm the service has been completed and will release the payment to the chef.

 

In the case of private events BookDinner is not responsible for the service and meal quality provided by the chef, or takes any responsibility when it comes to the safety and condition of the venue. This is the responsibility of the chef and their customer.

 

 

  1. CHEF, CATERING, AND RESTAURANT ACCOUNTS

Chefs, caterers, and restaurants that would like to utilize the BookDinner platform will be required to create accounts. You will be required to provide your e-mail address, name, and other details in order to create your full profile and be able to take advantage of the services provided by BookDinner. If you do not have not completed and provided all the required information the administrator will not approve and enable your account. Only once your profile has been approved will customers be able to see your profile and place orders. You agree that all images and video you provide can be used by BookDinner for marketing and advertising purposes however BookDinner deems necessary. Once your profile is approved you agree that BookDinner has rights to post your videos and images to our YouTube channel and other social media and advertising sites we select. You may delete your member account at anytime. BookDinner also reserves the right to remove any member at our sole discretion. You are responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

 

  1. FOODIE ACCOUNTS

As a foodie or customer you are able to place orders without having an account.  They system will prompt you for the necessary information required for you to place an order. You can also search and find chefs, caterers, and restaurants you are interested in. If you create an account you will be asked to verify your email address. With a foodie account you will have access to all orders you have placed since you have been registered on the site. You will also be able to place orders quicker, and mark chefs as favorites. You will be eligible to receive member promotions and discounts. BookDinner reserves the right to disable your account for any activity or use deemed inappropriate by BookDinner.

 

 

  1. Compensation, Refunds, and Fees
    Compensation.If you are an approved chef, caterer, or restaurant on BookDinner you will receive
    payments from your sales from BookDinner once your order has been completed. BookDinner will take a commission (see subscription plan section in account profile for the commission percentage). BookDinner reserves the right to change the commission percentage at any time.

 

Refunds - Customers pay for their meals in advance. When placing an order with a chef or a caterer the payment is not made until the CoC accepts the order. A customer can cancel his or her order if they wish but will not receive any refund if they cancel within 48hrs of the pickup or delivery order time. Customers can receive a refund of up to 100% of the total order amount if they request cancellation before 48hrs of the pickup or delivery order time. When placing an order with a restaurant, the customer will have to contact the restaurant directly to determine if they can get a refund for a cancelled order. 

 

You may submit a complaint within 24 hours after receiving your meals to BookDinner’s customer service department by emailing BookDinner at customercare@BookDinner.com. Please include in your email: your name, contact information, order number, and a description of your complaint. BookDinner reserves the right, in its sole discretion, to issue refunds, and may withhold chef fees in the event of a complaint. 


YOU ACKNOWLEDGE AND AGREE DISASTIFACTION WITH THE TASTE OF ANY MEAL PROVIDED IS NOT, BY ITSELF, SUFFICIENT GROUNDS TO RECEIVE A REFUND.

Payment Information. All information that you provide to us must be accurate, current and complete. As a chef, caterer, or restaurant, BookDinner will not be liable for refunding any payments that were made due to incorrect payment details provided by the CC&R.

 

Sales taxes are calculated and included when customers purchase your meals. You will be responsible for paying any applicable taxes relating to payments you received through sales on the site and will indemnify and hold harmless BookDinner from any and all tax payments.

Third Party Payment Processors. BookDinner uses Paypal as its third party service provider for payment services (i.e. card acceptance, and related services). By making or accepting any payments on the Website, you agree to be bound by Paypal’s Privacy Policy at: https://www.paypal.com/us/webapps/mpp/ua/privacy-full and hereby consent and authorize BookDinner and Paypal to share any information and payment instructions you provide to the minimum extent required to complete your transactions. By making or receiving payments on our Website, you also agree to be bound by Paypal’s services agreement.

Non-Circumvention. BookDinner will not be responsible issues or disagreements that result from any payments or agreements not made through our platform. By agreeing to these terms and conditions you agree to comply and use our platform for all bookings and transactions.

  

  1. MOBILE TEXT MESSAGE SERVICES TERMS
    The following terms in this apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from BookDinner, or (2) sends us messages via SMS or MMS.

    When you sign up for BookDinner’s text alert program you are expressly consenting to receive text messages on behalf of BookDinner, containing information about orders you have placed on the website. As a CC&R you will receive text messages when the following takes place:
    (a) When an order is placed by a customer

(b) When an order is confirmed (paid for) by a customer

 

As a foodie or customer, you will receive text messages when the following takes place:

  • When an order is accepted or rejected by the chef or caterer
  • When a chef request completion for your order

You may opt out of the Text Services at any time by texting the word STOP to +1 (323) 685-4692 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from BookDinner regarding the Events you host and/or plan to attend. If you need help with our Text Services, text the word HELP to +1 (323) 685-4692 or call +1 888-255-0055.

We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.

You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

 

  1. INTELLECTUAL PROPERTY OWNERSHIP
    (a)Except for your Content, all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by BookDinner and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between BookDinner and you, all right, title and interest in and to the Materials will at all times remain with BookDinner and/or its Owners. The word “BookDinner,” the BookDinner logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of BookDinner. All Content is the sole responsibility of the user who provided it and is stored upon BookDinner’s servers and/or system solely at the direction of such user. Notwithstanding anything herein to the contrary, BookDinner may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
    (b)You retain ownership of your Content, and you hereby grant (1) BookDinner and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website), and (2) users of the Website a limited, revocable, non-exclusive, royalty-free, fully paid-up right to reproduce, distribute and publicly display your Content, provided such users give attribution and use your Content solely for their personal, non-commercial purposes. For the avoidance of doubt, you agree that your sole compensation with regards to BookDinner’s use of your Content, including for its own promotional purposes, is your use of the Site in accordance with these Terms, and that you shall not be entitled to any other form of compensation in relation thereto. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by BookDinner and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of BookDinner. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you have the written consent, release, and permission of each and every identifiable person included in your Content to use the name or likeness of such persons and to authorize BookDinner to store, copy, display or otherwise distribute such person(s) name and likeness in connection with the Website.
    (c) By using the Website, you hereby grant BookDinner and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, , and likeness (your “ Image”), solely in connection with the Website (including without limitation for the purposes of promoting the Website), provided, however, BookDinner shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or BookDinner.

 

  1. BOOKDINNER ONLINE PRIVACY POLICY
    BookDinner’s online Privacy Policy describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policybefore accessing our using the Website.
  2. CONTENT LIABILITY

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

  1. DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

           

            limit or exclude our or your liability for death or personal injury resulting from negligence;

            limit or exclude our or your liability for fraud or fraudulent misrepresentation;

            limit any of our or your liabilities in any way that is not permitted under applicable law; or

            exclude any of our or your liabilities that may not be excluded under applicable law.

           

            The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use BookDinner's website if you do not accept all of the terms and conditions stated on this page.

 

  1. COOKIES

We employ the use of cookies. By using BookDinner's website you consent to the use of cookies in accordance with BookDinner's privacy policy.Most of the modern day interactive web sites

use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our

affiliate / advertising partners may also use cookies.

 

  1. LICENSE

Unless otherwise stated, BookDinner and/or it's licensors own the intellectual property rights for

all material on BookDinner. All intellectual property rights are reserved. You may view and/or print

pages from http://bookdinner.com for your own personal use subject to restrictions set in these terms and conditions. You must not redistribute content from BookDinner (unless content is specifically made for redistribution).

 

  1. RESERVATION OF RIGHTS

            We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

 

  1. REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 

 

 

           

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