Last modified: September 27, 2021
Welcome to Select Chef. These terms of service and conditions (collectively, “Terms”) are entered into by and between You and Select Chef, Inc. (“Select Chef,” “we,” “us,” “our”) and your access to and use of www.selectchef.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
1.Changes to the Terms of Service
From time to time and at our sole discretion, we may revise and update these Terms. The date this Policy was last revised is identified at the top of the page. All changes are effective immediately when we post them. We highly recommend that you check this page frequently so that you are aware of any changes. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. If we make material changes to the Terms, we will notify you through a notice on the Website home page.
2.Eligibility and Geographic Restrictions
This Website is offered and available to users who are 21 years of age or older. By using this Website, you represent and warrant that you are 21 years of age or older and able to form a binding contract with Select Chef. If you are not 21 or older, please do not access or use the Website.
Currently, Select Chef only offers its services in the State of Texas. Upon entering your zip code, the Website will indicate whether we are currently offering our services in that region of Texas. If you live outside of Texas, you will not be able to create an account or purchase a subscription plan. You can, however, sign up to receive our emails by providing us with your email address. Select Chef is based in the State of Texas in the United States (“U.S.”). We provide this Website for use only by persons located in the U.S. We make no claims that the Website or any of its content is accessible or appropriate outside of the U.S. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.
3.Registration and Accounts
4.Membership Plans; Payment and Billing; Fees and Gratuity; Membership Cancellation
Accessing the Select Chef Website, signing up for promotional emails, and creating a Registered Account are all free. If you want to obtain our in-home personal chef experiences, you will need to purchase a membership plan. A description of our membership plans is available on our website, and may be subject to change in the future. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
A valid payment method is required to purchase a membership plan, and all plans are billed before the chef experience service. When you purchase a membership plan, you expressly acknowledge and agree that Select Chef will charge you automatically and continuously on the frequency basis of the membership plan you choose for as long as your membership plan continues. Your membership plan is continuous unless or until (a) you cancel it; (b) we disable your Registered Account and stop providing services to you; or (c) we suspend or stop providing access to our Website or services under these Terms.
By providing a credit card, or other accepted payment methods, you represent and warrant that (a) the payment information you supply to us is true, correct, and complete; (b) you are authorized to use such payment method for the purchase; and (c) you authorize Select Chef and our third-party payment processor to charge your payment method for the total amount of your membership plan (including any applicable taxes and other charges). You also acknowledge that the amount charged may vary or change due to promotional offers, changes you make to your membership plan, or changes in applicable taxes or other charges and you agree to be charged the corresponding amount. If your payment method is invalid, not accepted, or cannot be validated, your membership plan and services may be suspended or canceled. You must resolve any payment method problems before we proceed with the services offered to you under your membership plan.
Select Chef does not designate any portion of your payment as a tip or gratuity to the chefs. You understand and agree that, while you are free to provide additional payment as a gratuity to any chef who provides you with services, you are under no obligation to do so. 100% of any gratuity that you pay is transferred to our chefs. You can provide gratuity to a chef in person at the time of your experience or you provide gratuity after the experience by logging into your Registered Account.
If you or any guest attending your experience damages any of the chef’s equipment or tools, you will be charged a minimum damage fee of $30.
You may suspend or cancel your membership plan online at any time through your Registered Account. You will be responsible for all charges for any chef experiences scheduled before your cancellation. In the event you cancel your membership plan but maintain your Registered Account, we may still send you promotional communications unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.
5.Chef or Customer Cancellations
Services cancelled or, paused will incur a $25 fee. No refunds will be given for cancellations made the day of an experience. Service is considered cancelled by default if you do not provide the chef with access to your designated service location and more than 15 minutes have passed from the start of the experience time.
If one of our chefs confirms a booking and then cancels, we will make reasonable efforts to find another chef to provide you with services. If we are unable to find a replacement, we will notify you promptly and provide you with a full refund if you have already been charged.
All bookings and chef experiences are subject to availability and shall be booked in advance in accordance with the requirements found on the Website. Select Chef makes no claim or guarantee as to the availability of any specific chef or cuisine.
6.Membership Experience Guidelines; Refusal of Service
Prior to your first chef experience, we will provide you with our Membership Experience Guidelines, which will help you have the best possible experience. We reserve the right to refuse you service at our and our chefs’ discretion, including but not limited to the following reasons: unsafe or unlawful conditions perceived by our chefs; harassment of our chefs; the absence of people over the age of 21 at the designated service location; or a failure to adhere to our Membership Experience Guidelines.
7.Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Website Content”) are owned by Select Chef, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. SELECT CHEF™ and the Select Chef logos, and all related service names, logos, designs, and slogans are trademarks of the Select Chef or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
These Terms permit you to use our Website and Website Content for your personal, non-commercial use only. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Website and Website Content. This license does not permit you to do any of the following to our Website or Website Content: (a) distribute, publicly perform or publicly display; (b) sell, resell or use commercially; (c) modify or otherwise make any derivative uses; (d) use for any purpose other than for intended purposes; (e) download (other than the page caching) any portion, except without the express prior written consent of us; or (f) use any data mining, robots, spiders, or similar data gathering or extraction methods for any purpose. No right, title, or interest in or to the Website or any Website Content is transferred to you, and all rights not expressly granted are reserved by Select Chef.
Although we may not monitor or review User Contributions before they are posted, we reserve the right, and have absolute discretion to (a) remove, refuse, or edit User Contributions; (b) terminate or suspend your access to all or part of the Website; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (d) take appropriate legal action for any unauthorized or illegal use of the Website.
By using the interactive features of our Website, you further agree not to upload or post any User Contributions that:
- Is defamatory, pornographic, obscene, indecent, abusive, offensive, harassing, violent, hateful, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Impersonates, or misrepresents your affiliation with, any person or entity, or is likely to deceive;
- Promote any illegal activity (like underage or irresponsible consumption of alcohol), or advocate, promote, or assist any unlawful act;
- Contains or depicts any statements, remarks, or claims that do not reflect your honest views or experiences;
- Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case;
- Knowingly contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- In our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying our Website or services, or that may expose Select Chef to any harm or liability of any type.
You also agree not to solicit our chefs for work outside of this platform. Any use of the Website, Website Content, or our services that is prohibited under this section or infringes upon our or any third-party rights, including intellectual property rights without our prior written permission will terminate the license granted herein and may lead to the termination of your membership plan and Registered Account. Such unauthorized uses may also violate applicable laws, including, without limitation, intellectual property and contract laws and applicable communications regulations and statutes.
10.Infringement Policy; Copyright Complaints
Select Chef takes the intellectual property rights of others seriously. It is our policy and, in our discretion, to limit access to the Website and/or terminate the Registered Accounts of customers who repeatedly infringe the intellectual property rights of others. Under the Digital Millennium Copyright Act (“DMCA”), if you believe that any User Contributions infringe upon any copyrights that you own, you may file a notification of such infringement with our designated DMCA agent. Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
DMCA Agent: Christine Henry-Musa
2150 S Central Expressway
McKinney, TX 75070
Phone: (469) 447-9985
11.Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
12.Disclaimer of Warranties
We reserve the right to make changes to our Website, and to modify, suspend, or stop providing access to the Website (or any features or functionality of it) and our services at any time without notice and obligation or liability to you.
YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
13.Limitation of Liability; Indemnification
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON THE WEBSITE, SERVICES, OR CONTENT ACCESSED THROUGH SELECT CHEF 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 WEBSITE, SERVICES, OR CONTENT ACCESSED THROUGH SELECT CHEF, INCLUDING WITHOUT LIMITATION LIABILITY FOR INJUNCTIVE RELIEF OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND. 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 (OR INABILITY TO ACCESS) TO OR USE OF THE WEBSITE, SERVICES OR CONTENT ACCESSED THROUGH SELECT CHEF; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE WEBSITE, SERVICES, OR CONTENT ACCESSED THROUGH SELECT CHEF. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SELECT CHEF AND ITS AFFILIATES SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP PLAN FOR ONE MONTH.
THE LIMITATIONS OUTLINED IN THIS SECTION DO NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING ALSO DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website Content and services offered through the Website other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
At Select Chef’s sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
All matters relating to the Website, these Terms, and our services, and any dispute or claim arising from them shall be governed by and construed under the laws of the State of Texas without regard to any choice or conflict of law, rules, or principles (whether of the State of Texas or any other jurisdiction).
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Select Chef without restriction.
Select Chef’s failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other term or condition. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
17. Your Comments and Concerns
This website is operated by Select Chef Inc. 2150 S Central Expressway, Suite 200, McKinney TX 75070. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com