Effective Date: June 6, 2020
IMPORTANT: READ THESE TERMS BEFORE USING THE SERVICES.
By accessing and using the Services, you (a “User”) are agreeing to be contractually bound by these Terms. If you do not agree to these Terms, then do not use the Services. For any reason and at any time, Warehouse Apps may modify, amend or supplement these Terms or terminate your access or use of the Services. Should these Terms be modified, amended or supplemented, then your continued access or use of the Services as of the date these Terms are last updated constitutes your consent to be bound by the modified, amended or supplemented Terms.
Bites mobile app (Bites) is an Application where a Foodie ("Foodie" or "Eater" or “Customer”, or “Consumer”) can reserve or order the services of a Chef ("Chef" or "Professional" or "Professional Chef" or "Professional Cook" or "Cook" or "Home Cook" or "Student" or "Student Cook" or "Indie Eatery" or "Independent Eatery")(each, a “User”, together "Users") for in-home dining experiences, drop-off meal services, meal prep services, or interactive classroom lunches for private school and charter school students in grades K-12. Foodies use the Services to find Chefs, chat with them, view their availability and bios, and reserve their services by making payment through Bites. The bites.mobi website is informational and provides Users with content relevant to them as a Foodie or Chef. Bites and the bites.mobi website may also give Users the ability to find small farms and growers nearby. The Services exclude anything otherwise not expressly included. All Chefs are independent contractors, all deemed Third Party Providers, using the Services to create and maintain profiles that allow them to showcase their culinary talents, show their support for local growers, and offer their cooking services to Foodies.
Chefs understand that the relationship they have with Warehouse Apps by way of their access and use of the Services is that of independent contractor at all times. Chefs are not employees, agents or representatives of Warehouse Apps. Chefs do not have any entitlements, nor do they receive any benefits whatsoever, including but not limited to health/dental insurance, life insurance, retirement, workers compensation, or vacation days. Chefs are responsible for their own personal and business taxes at all times and for their own profits and losses. Chefs are responsible for securing and maintaining their own ongoing personal chef insurance coverage in amounts and with limits appropriate to cover their cooking services. Chefs must upload a photo of their valid, effective food handler's card or food manager's certificate to the Services upon creating a cooking profile.
So long as your access and use of the Services complies with these Terms, Warehouse Apps grants you a limited, non-exclusive, revocable, nontransferable, non-sublicensable license to (i) access and use Bites and the bites.mobi website and their contents on your personal device. All rights not expressly granted herein are reserved by Warehouse Apps.
In order to use the Services, and for security and identity verification purposes, Foodies and Chefs must set up and maintain personal accounts, and in the case of Independent Eateries only, an account representative of the Independent Eatery (“Account”). You must be at least 18 years of age to use the Services and to create an Account. Foodies completing Services transactions through Bites must submit certain personal information, including but not limited to Foodie's name, address, mobile phone number, and payment information. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services, or Warehouse Apps’ termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security of your Account at all times. Users may choose to set up a Foodie profile as well as a Chef profile. User may also choose to have an Account representative of an Independent Eatery which User represents in an authorized capacity.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Your use of the Services must not cause nuisance, annoyance, inconvenience, or property damage to any person or third party whatsoever. You may not authorize third parties to use your Account. Persons under the age of 18 whom you allow to receive any services through Bites must be accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
The Services and all rights therein are and remain the property of Warehouse Apps or its licensors. You are not granted or conveyed any rights by way of these Terms or by way of your use of the Services except for the limited license granted above. You may not otherwise use Bites, bites.mobi website, Bites brand, Bites trademarks, Bites copyrights, or the Warehouse Apps trademarks or those of Warehouse Apps licensors.
You may not: (i) transfer, transmit, stream, sell, resell, distribute, reproduce, lease, license, modify, broadcast, create derivative works based upon, publicly perform, publicly display, or otherwise exploit the Services except as expressly permitted by Warehouse Apps; (ii) remove any trademark, copyright or other proprietary identifiers from any portion of the Services; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (iv) disassemble, decompile, or reverse engineer the Services; (v) link to, frame or mirror any portion of the Services; (vi) cause or launch any scripts or programs in order to survey, scrape, index, or otherwise data mine any portion of the Services; or (vii) cause or launch any scripts or programs for purposes of burdening or hindering the operation and/or functionality of the Services.
Network Access and Devices
You must obtain data network access necessary to use the Services. If you access or use the Services from a wireless-enabled device, be aware that data rates and fees from your mobile network may apply. To access and use the Services and any updates to them, you are responsible for acquiring and updating compatible devices. The Services are not guaranteed to function on any particular devices. Additionally, malfunctions and delays inherent in the use of the Internet and electronic communications may affect the Services.
You must not provide User Content that is unlawful, hateful, violent, defamatory, libelous, obscene, pornographic, or otherwise offensive, as determined by Warehouse Apps, in its sole discretion, regardless whether such material is protected by law. You acknowledge that Warehouse Apps may, in its discretion, monitor, review, or remove User Content, at any time and for any reason, without notice to you.
You represent and warrant that either all User Content is solely and exclusively yours, or that you have all requisite rights, licenses, consents and releases to grant Warehouse Apps the license to the User Content. You also represent and warrant that the User Content and your uploading, publishing and otherwise making available such User Content, including Warehouse Apps use of the User Content as permitted herein, will not violate, infringe, or misappropriate a third party’s intellectual property or proprietary rights, or rights of privacy or publicity, or violate any applicable law or regulation.
Chefs may upload, publish and make available through the Services textual and visual content and information related to their offered services. Chefs may also indicate which farms and growers they source ingredients from by displaying farm and grower names. Foodies may publish and make available through the Services dining photographs, as well as textual reviews and ratings of those Chefs whose services Foodies reserved through the Services. Foodies and Chefs may use the Services to textually chat with one another related to the Chef's offered services. Users may use the Services to provide feedback to Warehouse Apps related to the Services and to initiate support requests. By providing User Content through the Services, you give Warehouse Apps a perpetual, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense, to use, modify, copy, distribute, create derivative works of, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including, but not limited to, in connection with the Services and Warehouse Apps' business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Responsibilities of Chefs
Chefs will provide all ingredients, cooking tools, cookery, and any special or necessary material for food preparation and cooking to be performed by Chefs. As to in-home dining experiences and interactive classroom lunches, Chefs will perform all cleanup related strictly to food preparation and cooking, using cleaning materials/products provided by the Foodie. Chefs will not be expected to provide any dishware, serving dishes, stemware, glassware, cutlery, silverware, other utensils, or napkins. Chefs will plate each course using the dishware provided by the Foodie. Chefs will not function as food servers or dishwashers. Chefs will not be expected to remove any trash associated with having performed services at the designated location.
Completion of a reservation or order using Bites will result in charges (“Charges”) to Foodie's Apple Pay or credit card. The Cancellation Policy, including refund provisions, can be accessed through the "My Account" tab in Bites, (My Account -> Settings-> Legal -> Cancellation Policy) and also through the bites.mobi website.
Chef Payment Terms: Within 36 hours after a Chef performs a reservation or order, all associated payments due to Chef for that reservation or order will be deposited to the Chef's Stripe account. From that point, it generally takes Stripe five (5) business days to deposit funds into Chef’s bank account connected to Chef's Stripe account.
Foodies are under no obligation to pay gratuities as part of the Services. Instead, Foodies will have the opportunity to rate and review a Chef after the services have been performed by the Chef, and also to post any dining pictures related to their experience.
As a User, you agree to indemnify and hold Warehouse Apps and its founders, officers, directors, managing members, members, employees, interns and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services, whether as a Chef or Foodie; (ii) Warehouse Apps’ use of your User Content; (iii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including Third Party Providers.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WAREHOUSE APPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WAREHOUSE APPS MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE QUALITY, TIMELINESS, RELIABILITY, AVAILABILITY, OR SUITABILITY OF THE SERVICES. ADDITIONALLY, WAREHOUSE APPS MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WAREHOUSE APPS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CHEFS (ALL DEEMED THIRD PARTY PROVIDERS) OR THE SERVICES THEY PROVIDE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
WAREHOUSE APPS SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA, LOST PROFITS, PROPERTY DAMAGE, FOOD POISONING OR OTHER PERSONAL INJURY, IN CONNECTION WITH, RELATED TO, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WAREHOUSE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAREHOUSE APPS SHALL NOT BE LIABLE FOR ANY LIABILITY, LOSSES, OR DAMAGES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR YOUR USE OR RELIANCE ON THE SERVICES; OR (ii) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WAREHOUSE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAREHOUSE APPS SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND WAREHOUSE APPS’ REASONABLE CONTROL. WAREHOUSE APPS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL IN NO EVENT EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
YOU AGREE THAT WAREHOUSE APPS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THESE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
ARBITRATION AND WAIVER OF JURY TRIAL
You agree that any dispute, controversy, or claim arising out of or relating to these Terms or the validity, enforcement, breach, termination, or interpretation thereof or the use of the Services (collectively, “Disputes”) will be settled exclusively by binding arbitration between you and Warehouse Apps, except that both you and Warehouse Apps retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WAREHOUSE APPS ARE EACH UNCONDITIONALLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Warehouse Apps otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Arbitration” section will survive any termination of these Terms.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration. The arbitrator will be an attorney licensed to practice law in the state of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within five (5) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and Warehouse Apps otherwise agree, the arbitration will be conducted in Maricopa County, Arizona, USA. If your claim does not exceed $25,000, in accordance with Expedited Procedures (E-6), then the arbitration will be conducted solely on the basis of documents you and Warehouse Apps submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Each party will be responsible for its own attorney fees and expenses. Your responsibility to pay any AAA filing, arbitrator or administrative fees will be solely as set forth in the AAA Rules.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, USA, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
You may not assign these Terms without Warehouse Apps’ prior written approval. Warehouse Apps may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Warehouse Apps’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Warehouse Apps or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Warehouse Apps’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Warehouse Apps in writing.
Claims of copyright infringement should be sent to Warehouse Apps’ DMCA designated agent.
Notice by Warehouse Apps may be given by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).