These Terms and Conditions of Service are entered into by and between AmoCentury Limited, a registered limited company under the number 10993040 (“AmoCentury”, with its registered office at 85 Great Portland street, 1st Floor, London, W1W 7LT, United Kingdom “AmoChef”) and You (“user”, “Taste Explorer”, “Member” or “Experience Maker”) for the website AmoCentury and the services provided (“AmoChef Website and Services”) through an online platform (“AmoChef Platform”).
By using and accessing the AmoChef Website or Services or by downloading or posting any content from or on the AmoChef Website, by any means, you are indicating that you have read, and that you understand and agree to be bound by these Terms and Conditions of Service and to AmoChef’s further applicable policies, whether or not you are registered with the AmoChef Website.
AmoChef may change these Terms and Conditions of Service at any time and without prior notice. Your use of AmoChef Website means that you accept the Terms and Conditions of Service in place at the time of use, as revised from time to time.
a) “Aggregated data” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.
b) “AmoChef Content” means all content that AmoChef makes available through the AmoChef Website and Services, including any Content licensed from a third party, but excluding Member Content.
c) “AmoChef Fees” means the amounts that are due and payable to AmoChef by a Taste Explorer and an Experience Maker for the use of the AmoChef Website and Services, the “AmoChef Taste Explorer Fees” and the “AmoChef Experience Maker Fees” .
d) “AmoChef Experience Maker Fees”, means the fees due and payable by the Experience Maker to AmoChef for the use of the AmoChef Website and Services, calculated as a percentage of the Experience Maker Fees plus any applicable Taxes and displayed to the Experience Maker on the notification to confirm or decline a booking request from a prospective Taste Explorer.
e) “AmoChef Taste Explorer Fees”, means the fees due and payable by the Taste Explorer to AmoChef for the use of the AmoChef Website and Services, calculated as a percentage of the Experience Maker Fees, plus any applicable service partners’ fees or any Taxes and displayed to the Taste Explorer at the time of the booking request.
f) ” Booking Currency ” means the currency in which a Taste Explorer or a Taste Maker has to pay for the booking. At the time the Taste Explorer or the Taste Maker submits a booking request, the AmoChef platform will select the Booking Currency, based on the country of origin of the user making the booking and the payment methods available for that country. AmoChef may support only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
g) “Booking Request Period” means the time period starting from the time when a booking is requested by a Taste Explorer (as determined by AmoChef in its sole discretion), within which an Experience Maker may decide whether to accept or decline that booking request, as stated on the Website or Services. Different Booking Request Periods may apply in different places (e.g. different geographies).
h) “Collective Content” means Member Content and AmoChef Content.
i) “Content” means text, graphics, images, music, software , audio , video , information or other materials.
j) “Data Controller” means AmoChef, the company responsible for the use and processing of Personal Information.
k) “Display Currency” means the currency in which users’ view Listing prices on the AmoChef Platform. The AmoChef Platform may permit and the Taste Explorers and Taste Makers may choose and change the Display Currency in order to view the pricing for a Listing, potentially in a number of different supported currencies.
l) “Experiences” means an event or occurrence to be organized by a Taste Explorer with the experience of an Experience Maker, including but not limited to private parties, public events and conferences.
m) “Experience Maker” means a Member who creates an Experience Listing to provide services in the hospitality and leisure sector through the AmoChef Platform including but not limited to chefs, oenologist, bartenders.
n) “Experience Maker Fees” means the amounts that are due and payable by a Taste Explorer to the Experience Maker in exchange for the Experiences. The Experience Maker alone, and not AmoChef, is responsible for the Experience Maker Fees for his or her Listing. The Experience Maker may in his or her sole discretion decide to include in these amounts (i) a traveling fee or any other fee permitted on the AmoChef Platform, or (ii) Taxes that the Experience Maker determines that he or she has to collect.
o) “Listing” means an Experience that is listed by an Experience Maker as available via the AmoChef Website and Services, respectively the “Experience Listing”g.
p) “Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by Experience Maker.
q) “Member” means a natural person or a legal entity who completes AmoChef’s account registration process, namely, Experience Makers and Taste Explorers, as described under “Account Registration” below.
r) “Member Content” means all Content that a Member shares with AmoChef via email or other communication channels and/or posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the AmoChef Website or Services.
s) ” Personal Information “ means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of AmoChef.
t) “Taste Explorer” means a Member who requests from an Experience Maker a booking of an Experience for a specific private or public event through the AmoChef Website and Services.
u) “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) or other taxes and fees that AmoChef,or Experience Makers may be required by law to collect and remit to governmental and public entities or other withholding and personal or corporate income taxes.
v) “Total Fees” means the AmoChef Fees and the Experience Maker Fees together.
The AmoChef Platform
1. AmoChef provides an online platform that connects Taste Explorers who want to have a private or public culinary cultural experience event with Experience Makers able to provide specific services (collectively, the “Services”), which Services are accessible at http://www.amochef.com and any other websites or platforms through which AmoChef makes the Services available.
2. The AmoChef Website and Services comprise an online platform through which Experiences and Taste Explorers may learn about and book Experiences directly with Experience Makers.
3. You understand and agree that AmoChef is not a party to any agreements entered into between Experience Makers and Taste Explorers, nor is AmoChef a real estate broker, agent or insurer.
4. By using AmoChef Website and Services, either or not for any payments or payouts from or to you conducted through the AmoChef Website you are not contracting with AmoChef.
When using the AmoChef Website and Services you shall not, in any way, use or submit to AmoChef Website anything in any respect:
(i) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;
(ii) is fraudulent, criminal or unlawful;
(iii)may be indecent, racist, profane, offensive, harmful, harassing, threatening, embarrassing, hateful, menacing, defamatory, untrue, pornographic, obscene or political;
(iv)is contrary to any rule or requirement that AmoChef stipulates on the AmoChef Website in relation to a particular part of the website or to the website generally;
(v) involves your use, delivery or transmission of any viruses , unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage , detrimentally interfere with , surreptitiously interceptor expropriate any system, data or personal information.
Content, Security and Availability of AmoChef Website and Services
1. You assume sole responsibility for all the results obtained from the use of the AmoChef Website and for the conclusions drawn from such use.
2. AmoChef uses encryption software and has implemented reasonable and appropriate security measures to protect your information. However, information will be transmitted over the internet medium that is beyond the control of AmoChef.
3. All the information, including without limitation, text, images, graphics, links and other materials, on the AmoChef Website is provided “as is” and “as available”.
4. Neither AmoChef nor its subsidiaries, affiliates, partners, licensors and suppliers’ warrants or makes any representations that:
(i) the AmoChef Website and Services will meet your requirements;
(ii) the AmoChef Website and Services will be uninterrupted, timely, secure, or error free; or
(iii) the results that may be obtained from the use of the AmoChef Website will be correct, accurate, reliable or otherwise meet your requirements.
5. You hereby grant to AmoChef, its subsidiaries, affiliates and other partners a worldwide, irrevocable, royalty free,
non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, transmit and publish the content provided by you on the AmoChef Website and Services.
How the AmoChef Website and Services Work
1. AmoChef makes available an online platform with related technology for Taste Explorers, and Experience Makers to meet online and arrange for bookings of Experiences directly with each other.
2. The AmoChef Website and Services can be used to facilitate the listing and booking of Experiences.
3. Such Experiences are included in Listings on the AmoChef Website and Services by Experience Makers and are made available for registered and unregistered users.
4. If you wish to book an Experience or create a Listing, you must first register to create an AmoChef Account.
5. AmoChef does not own, sell, resell, furnish, provide, lease, use, rent, re-rent, endorse, manage and/or control Experiences and related services.
6. Unless explicitly specified otherwise in the AmoChef platform, AmoChef’s responsibilities are limited to:
(i) facilitating the availability of the AmoChef Website and Services and
(ii) serving as the limited payment collection agent of each Experience Maker for the purpose of accepting payments from Taste Explorers on behalf of the Experience Maker.
7. AmoChef cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Experiences and, therefore, is not responsible for and disclaims any and all liability related to any and all listings, as well as use of Experiences.
8. Any bookings will be made or accepted at the Member’s own risk.
1. In order to book an Experience, create a Listing and access certain features of the AmoChef Website and Services, you must register to create an account and become a Member (“AmoChef Account”).
2. You may register:
(i) In the AmoChef Website;
(ii) by logging into your account with certain third-party social networking sites (“SNS”), including but not limited to Facebook (“External Account”).
3. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
4. You may not have more than one (1) active AmoChef Account.
5. As part of the functionality of the AmoChef Website and Services, you may link your AmoChef Account with External Accounts, by either:
(i) providing your External Account login information to AmoChef through the AmoChef Website or Services; or
(ii) allowing AmoChef to access your External Account, as permitted under the applicable terms and conditions that govern your use of each External Account.
6. You represent that you are entitled to disclose your External Account login information to AmoChef and/or grant AmoChef access to your External Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable External Account and without obligating AmoChef to pay any fees or making AmoChef subject to any usage limitations imposed by such external service providers.
7. By granting AmoChef access to any External Accounts, you understand that AmoChef will access, make available and store (if applicable) any Content that you have provided to and stored in your External Account (“SNS Content”) so that it is available on and through the AmoChef Website and Services via your AmoChef Account and AmoChef Account profile page.
8. Unless otherwise specified in these Terms and Conditions of Service, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
9. Depending on the External Accounts you choose and subject to the privacy settings that you have set in such External Accounts , personally identifiable information that you post to your External Accounts will be available on and through your AmoChef Account on the AmoChef Website and Services
10. If an External Account or associated service becomes unavailable or AmoChef’s access to such External Account is terminated by the external service provider, then SNS Content will not be available on and through the AmoChef Website, and Services.
11. You have the ability to disable the connection between your AmoChef Account and your External Accounts, at any time, by accessing the “Settings” section of the AmoChef Website, within your AmoChef Account.
12.These Terms and Conditions of Service are exclusively entered into between you and AmoChef, and not with an external service provider.
13.Your relationship with the external service providers associated with your External Account is solely governed by your agreement with such external service providers.
14. Your AmoChef Account and your AmoChef Account profile page will be created for your use of the AmoChef Website based upon the personal information you provide to AmoChef or obtained via an SNS as described above.
15.AmoChef reserves the right to suspend or terminate your AmoChef Account and your access to the AmoChef Website and Services if you create more than one (1) AmoChef Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.
16.You are responsible for safeguarding your password and agree not to disclose your password to any third party.
17.You will take sole responsibility for any activities or actions under your AmoChef Account, whether or not you have authorized such activities or actions.
18.You must immediately notify AmoChef of any unauthorized use of your AmoChef Account.
1. As a Member you may create Listings in the AmoChef Website and Services.
2. In order to create an Experience Listing, AmoChef will need to collect certain information about the Experience Maker including, but not limited to, name, address, telephone number, specific skills, availability for the provision of services, pricing and related rules.
3. Members of AmoChef will be able to book Experiences via the AmoChef Website and Services, based upon the information provided in the Listing.
4. Once a Taste Explorer requests a of your Experience, you may not request the Taste Explorer to pay a higher price than in the booking request.
5. AmoChef reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that AmoChef, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions of Service or any other policies and guidelines applicable, or otherwise harmful to the AmoChef Website or Services.
7. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Experience in order to book your Experience.
8. Any Member wishing to book Experiences included in Listings with such requirements must meet these requirements.
9. You acknowledge and agree that, as an Experience Maker, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who use or are otherwise present at the Experiences at your request or invitation, excluding the Taste Explorer (and the individuals the Taste Explorer invites to the Experience, if applicable).
10. AmoChef recommends that Experience Makers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Taste Explorers (and the individuals the Taste Explorers invites to the Experience, if applicable) during the Experience.
11. AmoChef may offer Experience Makers the option of having photographers take photographs of their Experiences. If you as an Experience Maker choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “AmoChef.com Verified Photo” or similar wording (“Verified Images”).
12. You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing.
13. All images, materials and content created by these photographers, including Verified Images, constitute AmoChef Content, regardless of whether you include them in your Listing. You agree that AmoChef may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
14. AmoChef does not endorse any Member or Experience. You understand that Verified Images are intended only to indicate a photographic representation of the Experience at the time the photograph was taken.
Representations and Warranties
1. You acknowledge and agree that you are the sole responsible for any and all Listings and Member Content you post.
2. You represent and warrant that any Listing you post and the booking of a Taste Explorer use of an Experience in a Listing you post:
(i) will not breach any agreements you have entered into with any third parties, such as homeowners’ association, condominium, lease, rental or use agreements and exclusivity agreements;
(ii) will be compliant with all applicable laws, tax requirements, rules and regulations that may apply to any Experience included in a Listing you post (including having all required permits, licenses and registrations);
(iii)will hold all the necessary licenses, certificates and permits included in the Listings;
(iv)will not conflict with the rights of third parties
3. AmoChef assumes no responsibility for the Experience Maker’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
4. AmoChef may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or Experience, or the Member’s purported identity or background.
5. Any references in the AmoChef Website and Services to a Member being “verified” or “connected” (or similar expression) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by AmoChef about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable.
Limitation of Liability
1. In no event shall AmoChef or any of its subsidiaries, affiliates, directors, shareholders, employees, partners, licensors, brand licensees or suppliers be liable for any indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of or in connection with the access, use of, or inability to access or use the AmoChef Website and Services, the content or the user content, even if AmoChef has been advised of the possibility of such damages except, where applicable by law, to the extent that such damages arise as a result of negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
2. You understand and agree that the use of AmoChef Website and Service is entirely at your own discretion and that AmoChef or any of its subsidiaries, affiliates, directors, shareholders, employees, agents and contractors shall not be liable for any direct, indirect, consequential, special, exemplary, punitive or other monetary damages, fees, fines, penalties or liabilities arising out of or relating to your voluntary use of this service.
3. AmoChef does not assume any liability or responsibility for any computer viruses, malicious code or other harmful components, delays, inaccuracies, errors or omissions, completeness, reliability or usefulness of the information disclosed or accessed through the AmoChef Website.
4. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the AmoChef Website and Services, your Listings or booking of any Kitchens or Experiences via the AmoChef Website and Services, and any contact you have with other users of AmoChef platform, whether in person or online remains with you.
5. Except for our obligations to deliver amounts to Experience Makers pursuant to these Terms and Conditions of Service, in no event will AmoChef’s aggregated liability arising out of or in connection with these Terms and Conditions of Service and the use of AmoChef Website and Services be higher than our obligations to deliver amounts to applicable Experience Makers pursuant to these Terms and Conditions of Service.
Bookings and Financial Terms for Experience Makers and Taste Explorers
1. If you are an Experience Maker and a booking is requested for your Experience via the AmoChef Website and Services, you will be required to either accept or decline the booking request within the Booking Request Period, otherwise the booking request will automatically expire.
2. When a booking is requested via the AmoChef Website or Services, we may share with you:
(i) the first and last name of the Taste Explorer who has requested the booking;
(ii) information to ther Taste Explorer’s AmoChef Account profile;
(iii) if the Taste Explorer and Experience Maker have connected their AmoChef accounts to SNS, the names of any members of a SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with them on such SNS, and
(iv) an indication of whether or not the Taste Explorer has provided other information to AmoChef, such as a verified email address, connection to SNSs, or a government ID.
3. If you are unable to accept or decide to decline a booking request within the Booking Request Period, any amounts collected by AmoChef for the requested booking will be refunded to the applicable Taste Explorer’s chosen payment method and any pre-authorization of such payment method will be released.
4. When you accept a booking requested by a Taste Explorer, AmoChef will send you an email or text message confirming such booking, depending on the AmoChef Website available options and selections you make via the AmoChef Website and Services.
5. AmoChef will collect the AmoChef Taste Explorer Fees, plus any applicable taxes, such as VAT, in respect of the AmoChef Taste Explorer Fees, as applicable, and will also collect the AmoChef Experience Maker Fees at the time of booking request (i.e. when the Taste Explorer completes the booking request). AmoChef will initiate payment of the Experience Maker Fees (minus the AmoChef Fees, as applicable, and any applicable taxes in respect of the AmoChef Experience Maker Fees, such as VAT, as applicable) to the Experience Maker within 24 hours of when the Experience is scheduled to start (except to the extent that a refund is due to the Taste Explorer).
6. The time it takes for the Experience Maker to receive payouts may depend upon the payout method chosen by the Experience Maker. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Experience Maker, including by deducting their charges from the payout amount.
7. If you owe or agree to pay any amount via AmoChef Website – through Stripe – to AmoChef (whether as a result of your bookings or actions as a Taste Maker or Taste Explorer or otherwise), then AmoChef may (but is not obliged to) withhold the amount owing to AmoChef from any payout amounts due to you as an Experience Maker, and use the withheld amount to set off the amount owed by you to AmoChef.
8. If AmoChef does so, then your obligation to pay AmoChef will be extinguished to the extent of the amount withheld by AmoChef, and AmoChef will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
9. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges.
10. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to AmoChef by you. Such communication may be made by AmoChef or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of AmoChef as Limited Payment Collection Agent for Experience Makers
1. Each Experience Maker agrees that payments made by a Taste Explorer through AmoChef, shall be considered the same as a payment made directly to the Experience Maker, and the Experience Maker will make the Experience available to the Taste Explorer in the agreed-upon manner as if the Experience Maker has received the Experience Maker Fees.
2. Each Experience Maker agrees that AmoChef may, in accordance with the cancellation policy selected by the Experience Maker and reflected in the relevant Listing:
(i) permit the Taste Explorer to cancel the booking and
(ii) refund (via AmoChef) to the Taste Explorer that portion of the Experience Maker Fees specified in the applicable cancellation policy.
3. Each Experience Maker understands that AmoChef accepts payments from Taste Explorers as the Experience Makers limited payment collection agent and that AmoChef’s obligation to pay the Experience Maker is subject to and conditional upon successful receipt of the associated payments from Taste Explorers.
4. AmoChef does not guarantee payments to Experience Makers for amounts that have not been successfully received by AmoChef from Taste Explorers. In accepting appointment as the limited payment collection agent of the Experience Makers, AmoChef assumes no liability for any acts or omissions of the Experience Makers.
5. AmoChef does not currently charge fees for the creation of Listings. However, you as a nExperience Maker acknowledge and agree that AmoChef reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that AmoChef will provide notice of any Listing fee collection via the AmoChef Website and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Taste Explorers
1. The Experience Maker, not AmoChef, are solely responsible for honouring any confirmed bookings and providing any Experiences booked through the AmoChef Website and Services.
2. If you, as a Taste Explorer, choose to enter into a transaction with an Experience Maker for the booking of an Experience through the AmoChef Platform, you agree and understand that you will be required to enter into an agreement with the Experience Maker and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Experience Maker.
3. You acknowledge and agree that you, and not AmoChef, will be responsible for performing the obligations of any such agreements, that AmoChef is not a party to such agreements, and that, with the exception of its payment obligations hereunder, AmoChef disclaims all liability arising from or related to any such agreements.
4. You acknowledge and agree that, notwithstanding the fact that AmoChef is not a party to the agreement between you and the Experience Maker, AmoChef acts as the Experience Maker’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Experience Makers.
5. Upon your payment of the Experience Maker Fees to AmoChef, as a payment collection agent, your payment obligation to the Experience Maker for the Experience Maker Fees is extinguished, and AmoChef is responsible for remitting the Experience Maker Fees (minus any AmoChef Fees and any Taxes in respect of the AmoChef Fees, such as VAT), in the manner described in these Terms and Conditions.
6. In the event that AmoChef does not remit any such amounts as described in these Terms and Conditions, such Experience Maker will have recourse only against such AmoChef entity up to the corresponding non remitted amounts.
7. You also acknowledge that the Experience Maker Fees and the AmoChef Fees (together the “Total Fees”) may be increased in case you choose to pay for your booking using payment method instalments.
8. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and payment method information either to AmoChef or its third-party payment processor(s).
9. You agree to pay AmoChef for any confirmed bookings made in connection with your AmoChef Account in accordance with these Terms by one of the methods described on the AmoChef Website, e.g. by Stripe.
10. You hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the booking, either directly by AmoChef or indirectly, via a third-party online payment processor or by one of the payment methods described on the AmoChef Website.
11. You also authorize AmoChef to charge your payment method in the event of damage caused during an Experience as contemplated under Experience Damages below and for Security Deposits, if applicable.
13. Once your booking request is complete you will receive a confirmation email summarizing your requested booking.
14. Once your booking request is accepted by the Experience Maker you will receive a confirmation email of such acceptance.
1. Experience Makers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Experience.
2. If a Security Deposit is included in a Listing for a confirmed booking of an Experience and an Experience Maker makes a claim against such Security Deposit, AmoChef will, in its capacity as the payment collection agent of the Experience Maker, use its commercially reasonable efforts to charge the Taste Explorer’s payment method in the amount of the Security Deposit, within a reasonable period of time after the Taste Explorer ‘s check-out from the Experience.
3. AmoChef will also use its commercially reasonable efforts to address Experience Makers’ requests and claims related to Security Deposits, but AmoChef is not responsible for administering or accepting any claims by Experience Makers related to Security Deposits, and disclaims any and all liability in this regard.
1. In consideration for the use of AmoChef’s online marketplace and platform, AmoChef charges the AmoChef Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the AmoChef Fees.
2. AmoChef deducts the AmoChef Experience Maker Fees from the Experience Maker Fees before remitting the balance to the Experience Maker as described in these Terms.
3. Balances will be remitted by AmoChef to the Experience Makers via cheque, Stripe, PayPal, direct deposit or other payment methods, as may be available on the AmoChef Website, and therein described, in the Experience Maker’s currency of choice, depending upon the selections the Experience Makers makes via the AmoChef Website and Services.
4. AmoChef calculates the AmoChef Taste Explorer Fees as a percentage of the Experience Maker Fees, plus any applicable Taxes and displayed to the Taste Explorer at the time of the booking request and before proceeding with the payment of the Experience.
5. Amounts may be rounded up or down as described in the “Rounding Off” section below. Please note that AmoChef, may impose or deduct foreign currency processing costs on or from any payments or payouts by AmoChef in currencies other than Euros, U.S. Dollars or Great Britain Pounds. More information on any such costs or deductions will be available via the AmoChef Website.
6. More information on AmoChef Fees can be found on https://amochef.com/forum/, AmoChef’s Frequent Asked Questions (FAQ).
7. Except as otherwise provided herein, AmoChef Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
1. When creating the Listing, the Experience Maker have to decide which cancellation policy may apply to their Experience, namely:
(i) Standard Cancellation Policy: Allows the Taste Explorer to cancel the confirmed booking up to 24 (twenty-four) hours before the date and time of the Experience is booked to start; or
(ii) Limited Cancellation Policy: Allows the Taste Explorer to cancel the booking up to 24 (twenty-four) hours after the booking has been confirmed by the Experience Maker.
Cancellation by the Taste Explorer
2. Cancellation before the booking has been confirmed by the Experience Maker: If you, as a Taste Explorer, cancel your requested booking before the requested booking is confirmed by an Experience Maker, AmoChef will cancel any pre-authorization to your payment method and/or refund any nominal amounts charged to your payment method in connection with the requested booking within a commercially reasonable time. No AmoChef Fees will be due to AmoChef by the Taste Explorer and, therefore, those AmoChef Fees shall be fully refunded.
3. Cancellation after the booking has been confirmed by the Taste Explorer: If you, as a Taste Explorer, wish to cancel a confirmed booking made via the AmoChef Website and Services, either prior to or after initiating the Experience, the cancellation policy of the Experience Maker contained in the applicable Listing will apply to such cancellation. For the avoidance of doubt, if you, as a Taste Explorer, cancel a confirmed booking less than 24 (twenty-four) hours before the date and time the Experience is scheduled to start, you will not receive a refund even if it is less than 24 (twenty-four) hours after the booking has been confirmed by the Experience Maker. In any case, if the booking has been confirmed by the Experience Maker and the Taste Explorer cancels, the AmoChef Fees will be due to AmoChef by the Taste Explorer and will not be refunded in any circumstance.
4. AmoChef’s ability to refund the Experience Maker Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the AmoChef Website.
5. The AmoChef Taste Explorer Fee are non-refundable on a confirmed booking regardless of the cancellation policy selected by the Experience Maker. For the avoidance of doubt, the cancellation policy is only applicable to a confirmed booking, hence the AmoChef Taste Maker Fee and AmoChef Taste Explorer Fee shall be refunded to cancellations of non yet confirmed bookings.
Cancellation by the Experience Maker
6. If an Experience Maker cancels a confirmed booking made via the AmoChef Website and Services:
(i) AmoChef will refund the Total Fees for such booking to the Taste Explorer within a commercially reasonable time of the cancellation and
(ii) the Taste Explorer may receive an email or other communication from AmoChef containing alternative Listings and other related information.
7. If the Taste Explorer requests a booking from one of the alternative Listings and the Experience Maker associated with such alternative Listing confirms the Taste Explorer’s requested booking, then the Taste Explorer agrees to pay AmoChef the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms.
8. If an Experience Maker cancelled a confirmed booking and you, as a Taste Explorer, have not received an email or other communication from AmoChef, please contact AmoChef on firstname.lastname@example.org or any other contact may available to you on https://amochef.com/contact-us/.
9. If you, as an Experience Maker, cancel a confirmed booking, you agree that AmoChef may apply penalties or consequences to you or your Listing, including:
(i) publishing an automated review on your Listing indicating that a reservation was cancelled;
(ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or
(iii)imposing a cancellation fee (to be withheld from your future payouts or charged to the payment method on file in your AmoChef Account).
10. You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, AmoChef may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the AmoChef Website and Services.
r .11. You agree that AmoChef and the relevant Taste Explorer or Experience Maker will not have any liability for such cancellations or refunds.
12. If, as an Experience Maker with a confirmed booking, the Taste Explorer cancels that confirmed booking, subject to the cancellation policy on such booked Experience, or AmoChef decides that it is necessary to cancel a confirmed booking, and AmoChef issues a refund to the Taste Explorer, you agree that in the event you have already been paid, AmoChef shall be entitled to recover the amount of any such Taste Explorer refund from you, including by subtracting such refund amount out from any future Experience Maker Fees due to you.
1. In some instances, Taste Explorers may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before the attendance to a certain Experience (collectively, “Recurring Payments”).
2. More information on Recurring Payments will be made available via the AmoChef Website and Services, if applicable.
3. If Recurring Payments apply to a confirmed booking, then the Taste Explorer authorizes AmoChef, on behalf of the Experience Maker, to collect the Total Fees and the Experience Maker agrees that such AmoChef entity will initiate payouts to the Experience Maker, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the AmoChef Website and Services.
1. AmoChef will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
1. Some Experience Makers may pledge to donate a portion of the funds they receive from confirmed bookings made via the AmoChef Website and Services to a particular cause or charity.
2. AmoChef does not take any responsibility or liability for what the Experience Makers do in fact make the donation he or she pledged to make. In such cases, the Experience Maker in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
1. You as an Experience Maker understand and agree that you are solely responsible for determining:
(i) your applicable Tax reporting requirements, and
(ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings.
2. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you.
3. AmoChef cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from an Experience Maker, AmoChef may issue a valid VAT invoice to the Experience Maker.
4. You understand and acknowledge that appropriate governmental agencies, departments or authorities for tax matters (the “Tax Authorities”) or others, where your Experience is provided may require Taxes to be collected from Taste Explorers or Experience Makers on the amount paid for the provision of services, and to be remitted to the respective Tax Authorities.
1. As a Taste Explorer, you are responsible for the facility where the Experience takes place, or any instruments therein or related to the Experience. As an Experience Maker, you are responsible to leaving the Taste Explorer’s facilities in the condition they were when you arrived to provide the Experience.
2. You acknowledge and agree that, as a Taste Explorer or Experience Maker, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Experience. In the event that an Experience Maker or a Taste Explorer claims and provides evidence of damage caused by the Taste Explorer or the Experience Maker, respectively, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
3. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the payment method on file in your AmoChef Account.
4. AmoChef also reserves the right to charge the payment method on file in your AmoChef Account, or otherwise collect payment from you and pursue any avenues available to AmoChef in this regard, including using Security Deposits, in situations in which you have been determined, in AmoChef’s sole discretion, to have caused any damages related to the performance of the Experience, including, but not limited to, in relation to any payments made by AmoChef to Experience Makers.
5. If we are unable to charge the payment method on file or otherwise collect payment from you, you agree to remit payment for any damage to the applicable Experience Maker, Taste Explorer or, if applicable, to AmoChef.
6. Both Taste Explorers and Experience Makers agree to cooperate with and assist AmoChef in good faith, and to provide AmoChef with such information and take such actions as may be reasonably requested by AmoChef, in connection with any complaints or claims made by Members relating Experiences or any personal or other property located at an Experience or with respect to any investigation undertaken by AmoChef or a representative of AmoChef regarding use or abuse of the AmoChef Website or the Services.
7. If you are a Taste Explorer or an Experience Maker, upon AmoChef’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Experience Maker or Taste Explorer, which process will be conducted by AmoChef or a third party selected by AmoChef or its insurer, with respect to losses for which the Experience Maker or the Taste Explorer is requesting payment from AmoChef.
8. If you are a Taste Explorer or Experience Maker, you understand and agree that AmoChef may make a claim under your facilities’, user’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Experience or any personal or other property located at an Experience.
9. You agree to cooperate with and assist AmoChef in good faith, and to provide AmoChef with such information as may be reasonably requested by AmoChef, in order to make a claim under your facilities’, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as AmoChef may reasonably request to assist AmoChef in accomplishing the foregoing.
Overuse without the Experience Maker’s Express Consent
1. Taste Explorers agree that a confirmed reservation is merely a license granted by the Experience Maker to the Taste Explorer to use the Listing for the limited duration of the confirmed reservation and in accordance with the Taste Explorer’s agreement with the Experience Maker.
2. Taste Explorers further agree to terminate the Experience no later than the end of the duration of the Experience that the Experience Maker specifies in the Listing or such other time as mutually agreed upon between the Taste Explorer and the Experience Maker.
3. If a Taste Explorer stays past the agreed upon time or for any reason delays the Experience without the Experience Maker’s consent, they no longer have a license to the Listing and the Experience Maker is entitled to make the Taste Explorer leave or end the Experience immediately.
4. In addition, the Taste Explorer agree that the Experience Maker can charge the Taste Explorer, for each time period that the Experience Maker stays over the agreed period without the Taste Explorer consent or for the additional time period the Experience Maker is delayed in the Experience by the Taste Explorer, an additional fee of two times the pro-rated average time period Experience Fees originally paid by the Taste Explorer to cover the inconvenience suffered by the Experience Maker, plus all applicable AmoChef Fees, Taxes, and any legal expenses incurred by the Experience Maker to make the Taste Maker leave or to end the Experience (collectively, “Additional Sums”).
5. Taste Explorers agree that AmoChef, in its role as limited collection agent for the Experience Makers, shall charge thed Taste Explorer’s payment method it has on file to collect these Additional Sums.
6. In addition, AmoChef may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Taste Explorer’s payment method or other payment method on file.
1. AmoChef’s online platform facilitates bookings between Taste Explorers and Experience Makers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences.
2. Although the AmoChef platform may allow users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
3. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8.
4. Currency conversion rates will vary from time to time.
Foreign currency conversions on the AmoChef platform
1. AmoChef will process a foreign currency conversion in the following situations:
(i) The Display Currency is different from the Listing Currency when a user views a Listing: AmoChef will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
(ii) The Booking Currency is different from the Listing Currency when a Taste Explorer submits a booking request for a Listing: AmoChef will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Taste Explorer may be able to view the actual exchange rate applied. The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
(iii)The Payout Currency is different from the Listing Currency when AmoChef initiates a payout : generally, AmoChef will calculate the payout to the Experience Maker, by applying the Base Exchange Rate on the date that AmoChef initiates the payout of the Experience Maker Fees (minus the AmoChef Fees and any Taxes in respect of the AmoChef Fees such as VAT) in the Listing Currency. The Experience Maker may be able to view the actual exchange rate applied in his or her transaction history in the AmoChef Website. In some cases where the payout method selected by the Experience Maker involves certain third-party payment processors (such as Western Union),
(a) AmoChef will send the payout amount to the processor in a major currency (e.g. Euros), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (b) the Experience Maker will be able to view the payout amount sent by AmoChef in that major currency in his or her transaction history in the AmoChef Website, and (c) the processor will calculate the actual payout to the Experience Maker by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
(iv) When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Taste Explorer or any refund to the Taste Explorer will be processed according to the specific conditions of the payment method used by the Taste Explorer. AmoChef is unable to influence such conditions and it is recommended that Taste Explorers understand such conditions before using such services.
2. When you as a Taste Explorer, submit a booking request for a Listing, you may be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency.
3. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate.
4. The actual exchange rate (and any mark-up included in the rate) may also be stated in the billing receipt for your booking.
5. AmoChef updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, AmoChef does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. Please note that your payment method provider (for example, your credit or bank card issuer) will use a currency conversion rate for foreign currency payments or payouts and may impose a currency conversion fee on your payment or payout, namely if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for, or impose a currency conversion fee on, your payment or payout.
6. All of these currency conversion rates and fees are not controlled by, or known to, AmoChef.
1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the AmoChef Website and Services and Collective Content. In connection with your use of the AmoChef Website, Services and Collective Content, you may not and you agree that you will not:
(i) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(ii) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the AmoChef Website and Services or Collective Content;
(iv) use the AmoChef Website and Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
(v) copy, store or otherwise access or use any information contained on the AmoChef Website and Services or Collective Content for purposes not expressly permitted by these Terms;
(vi) infringe the rights of any natural person or legal entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(vii) interfere with or damage the AmoChef Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(viii) use the AmoChef Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(ix) use the AmoChef Website and Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;;
(x) “stalk” or harass any other user of the AmoChef Website, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Taste Explorer or Experience Maker;
(xi) offer, as an Experience Maker, any Experience you are not entitled to provide (without limiting the foregoing, you will not list Experiences if you are serving in the capacity of a third party with no legal powers to do so or listing agent for a third party);
(xii) offer, as an Experience Maker, any Experience that may not be performed pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a commercial agreement for the use of a business establishment;
(xiii) register for more than one AmoChef Account or register for an AmoChef Account on behalf of an individual other than yourself;
(xiv) unless AmoChef explicitly permits otherwise, you will not request or book an Experience if you will not actually be redeeming the Experience yourself;
(xv) contact an Experience Maker for any purpose other than asking a question related to a booking for a Listing;
(xvi) contact a Taste Explorer for any purpose other than asking a question related to a booking or suchr Taste Explorer’s use of the AmoChef Website and Services;
(xvii) recruit or otherwise solicit any Experience Maker or other Member to join third-party services or websites that are competitive to AmoChef, without AmoChef’s prior written approval;
(xviii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(xix) use automated scripts to collect information from, or otherwise interact with, the AmoChef Website, Services or Collective Content;
(xx) use the AmoChef Website, Services or Collective Content to find an Experience Maker or Taste Explorer and then complete a booking of an Experience independent of the AmoChef Website or Services, in order to circumvent the obligation to pay any AmoChef Fees related to AmoChef’s provision of the Services or for any other reasons;
(xxi) as an Experience Maker, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
(xxii) post, upload, publish, submit or transmit any Content that:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) is fraudulent, false, misleading or deceptive;
(d) is defamatory, obscene, pornographic, vulgar or offensive;
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(g) promotes illegal or harmful activities or substances;
(xxiii) systematically retrieve data or other content from the AmoChef Website or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(xxiv) use, display, mirror or frame the AmoChef Website, Services or Collective Content, or any individual element within the AmoChef Website, Services or Collective Content, AmoChef’s name, any AmoChef trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the AmoChef Website or Services, without AmoChef’s express written consent;
(xxv) access, tamper with, or use non-public areas of the AmoChef Website or Services, AmoChef’s computer systems, or the technical delivery systems of AmoChef’s providers;
(xxvi) attempt to probe, scan, or test the vulnerability of any AmoChef system or network or breach any security or authentication measures;
(xxvii) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AmoChef or any of AmoChef’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(xxviii)forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the AmoChef Website, Services or Collective Content to send altered, deceptive or false source-identifying information;
(xxix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the AmoChef Website, Services or Collective Content; or
(xxx) advocate, encourage, or assist any third party in doing any of the foregoing.
(xxxi) accept or make a payment for the Experience Maker Fees outside AmoChef. If you do so, you acknowledge and agree that you:
(a) would be in breach of these Terms;
(b) accept all risks and responsibility for such payment, and (c) hold AmoChef harmless from any liability for such payment.
5. AmoChef has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
6. AmoChef may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (a) respond to claims asserted against AmoChef or to comply with legal process (for example, subpoenas or warrants), (b) enforce or administer our agreements with users, such as these Terms and Conditions of Service, (c) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (d) protect the rights, property or safety of AmoChef, its users, or members of the public.
The AmoChef Website and Services, and Collective Content are protected by copyright, trademark, and other laws of England and Wales and foreign countries. You acknowledge and agree that the AmoChef Website, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of AmoChef and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AmoChef Website, Services or Collective Content.
AmoChef Content and Member Content License
1. Subject to your compliance with these Terms and Conditions of Service, AmoChef grants you a limited, non-exclusive, non-transferable license, to
(i) access and view any AmoChef Content solely for your use of the AmoChef Website and Services and non-commercial purposes and
(ii) access and view any Member Content to which you are permitted access, solely for your use of the AmoChef Website and Services and non-commercial purposes.
2. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the AmoChef Website, Services, or Collective Content, except as expressly permitted in these Terms and Conditions of Service.
3. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AmoChef or its licensors, except for the licenses and rights expressly granted in these Terms.
1. AmoChef may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content.
2. By making available any Member Content on or through the AmoChef Website and Services, you hereby grant to AmoChef a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the AmoChef Website and Services.
3. AmoChef does not claim any ownership rights in any such Member Content and nothing in these Terms and Conditions of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
4. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the AmoChef Website and Services. Accordingly, you represent and warrant that:
(i) you either are the sole and exclusive owner of all Member Content that you make available through the AmoChef Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to AmoChef the rights in such Member Content, as contemplated under these Terms and Conditions of Service; and
(ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or AmoChef’s use of the Member Content (or any portion thereof) on, through or by means of the AmoChef Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
1. The AmoChef Website and Services may contain links to third-party websites or resources.
2. You acknowledge and agree that AmoChef is not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources.
3. Links to such websites or resources do not imply any endorsement y AmoChef of such websites or resources or the content, products, or services available from such websites or resources.
4. You acknowledge sole responsibility for and assume all and any risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
5. Some portions of the AmoChef platform implement Google Maps/Earth mapping services, including Google Maps API(s).
Proprietary Rights Notices
1. All trademarks, service marks, logos, trade names and any other proprietary designations of AmoChef used herein are trademarks or registered trademarks of AmoChef.
2. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
1. AmoChef welcomes and encourages you to provide feedback, comments and suggestions for improvements to the AmoChef Website and Services (“Feedback”).
2. You may submit Feedback by emailing us, through the “Contact” section of the AmoChef Website or by other means of communication.
3. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of AmoChef and you hereby irrevocably assign to AmoChef and agree to irrevocably assign to AmoChef all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
4. At AmoChef’s request and expense, you will execute documents and take such further acts as AmoChef may reasonably request to assist AmoChef to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
1. AmoChef respects copyright law and expects its users to do the same.
2. It is AmoChef’s policy to terminate in appropriate circumstances the AmoChef Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
3. Please see AmoChef’s copyright policy hereunder.
Suspension, Termination and AmoChef Account Cancellation
1. AmoChef may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your AmoChef Account.
2. If AmoChef, at its own discretion and under these Terms and Conditions of Service, decides to exercise one of the above mentioned actions, any or all of the following can occur with or without prior notice or explanation to you:
(i) your AmoChef Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the AmoChef Website, Services, your AmoChef Account, your Member Content, or receive assistance from AmoChef;
(ii) any booking requests, and pending or accepted future bookings as Experience Maker or Taste Explorer will be immediately terminated;
(iii) we may communicate to the Member who requested the booking or received the booking request, as applicable, that a booking request, potential or confirmed booking has been cancelled;
(iv) we may refund the Taste Explorer, as applicable, in full for any and all confirmed reservations, irrespective of preexisting cancellation policies;
(v) we may contact the Taste Explorer, as applicable, to inform them about potential alternative Experiences with other Experience Makers that may be available on the AmoChef Website and Services, and
(vi) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your AmoChef Account.
3. You may cancel your AmoChef Account at any time via the “Cancel Account” feature of the Services or by sending us an email.
4. Please note that if your AmoChef Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the AmoChef Website and Services, including, but not limited to, any reviews or Feedback.
1. These Terms and Conditions of Service constitute the entire and exclusive understanding and agreement between AmoChef and you regarding the AmoChef Website, Services, Collective Content, and any bookings or Listings of Experiences made via the AmoChef Website and Services, and these Terms and Conditions of Service supersede and replace any and all prior oral or written understandings or agreements between AmoChef and you regarding bookings or listings of Experiences, the AmoChef Website, Services, and Collective Content.
1. You may not assign or transfer these Terms, by operation of law or otherwise, without AmoChef’s prior written consent.
2. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
3. AmoChef may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by AmoChef via email (in each case to the address that you provide) or by posting to the AmoChef Website.
2. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted
1. The failure of AmoChef to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
2. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AmoChef.
.3. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions of Service will be without prejudice to its other remedies under these Terms or otherwise.
4. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions of Service will remain in full force and effect.
1. Persons under the age of 16 shall not access or use the AmoChef Website and Services or without their parents / legal guardian consent.
2. By accessing or using the AmoChef Website and Services you represent and warrant that you are 16 or older, responsible for your own actions or authorized by your parents / legal guardians to use and access AmoChef Website and Services.
1. When accessing, using and registering with the AmoChef platform you will make available information to AmoChef,
including but not limited to name, address, email address, national identification, verification information, tax identification number, address, location, postal or zip code.
2. AmoChef may send you notifications regarding the AmoChef Website and Services by email.
3. AmoChef may collect other information about you, such as your age, gender, type of services provided or searched and all the information that may be automatically recorded by AmoChef servers whenever you access or use AmoChef Platform, such as your Internet Protocol address (“IP”), date and time of access, the hardware and software you are using, number of clicks, pages viewed and the amount of time spend in each page. In any case, such information is not used by AmoChef to make automated decisions.
4. AmoChef may also collect aggregate data regarding your Amochef user profile and use of the AmoChef Website and Services (in an anonymous manner) for statistical analysis, improvement of services, and customization of web design, content layout and services. This includes internal administration and planning, as well as various activities that improve the quality of the AmoChef Website or services provided by AmoChef.
5. AmoChef may use your personal data to enable you to access and use the AmoChef Platform, to personalize or customize your experience, to send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information you require and to administer any referral programs, rewards, surveys,s weepstakes or other promotional activities or events sponsored or managed by AmoChef or AmoChef’s business partners, specifically Stripe Inc. for payment collection.
6. By using the AmoChef Website and Services, you consent to such collection, storage and processing of data in the United Kingdom and elsewhere, though the United Kingdom and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. AmoChef will take reasonable efforts to protect your information
7. By using the AmoChef Website and Services, you consent and agree that AmoChef may provide aggregated information about you – as a user of AmoChef Website and Services – to third partiesn, specifically to Facebook Inc..
8. AmoChef may disclose information as follows:
(i) Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or to the extent necessary to operate and manage any referral and rewards programs.
(ii) Your public Listing page will always include some minimum information such as the city and neighbourhood where the Experience can be provided, your listing description, your calendar availability, your public profile photo and your responsiveness in replying to Taste Makers or Taste Explorers’ queries.
(iii) Your public Listing page may also include aggregated demand information (such as number of page views over a period of time).
(iv)Parts of your public Listing page may be displayed in other parts of the Platform to other users for marketing purposes.
(v) The Platform may also display the Kitchen’s approximate geographic location or the approximate geographic location where the Experience can be provided on a map, such that a user can see the general area of the Kitchen or Experience.
9. The AmoChef Platform allows your public profile and public Listing pages to be included in search engines, in which case your public profile and public Listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by requesting AmoChef to change the settings for your public profile and public Listing.
10. If you change your settings or the information on your public profile or public Listing pages, third-party search engines may not update their databases quickly or at all. AmoChef does not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before the change of settings or the change to the information on your public profile or public Listing pages.
11. AmoChef have implemented technology and security policies and other measures to protect the personal data under AmoChef’s control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss.
12. AmoChef requires that all of its employees and others who have access to or are associated with the processing of your data respect your confidentiality.
13. When you submit a request to book an Experience, your first and last name may become visible to the Experience Maker, as applicable.
14. In addition, if you agree to be contacted by an Experience Maker by phone when submitting your request and the Experience Maker decides to do so, AmoChef may call your phone number first, before connecting you with the Experience Maker.
16. AmoChef will use commercially reasonable efforts to notify users about law enforcement requests for their data unless it is prohibited by law.
17. The Members may request to AmoChef, at any time, the access to their personal information by submitting a written request (“Subject Access Request”), specifying how do they want AmoChef to provide the copy of such information. The Subject Access Request shall be sent to email@example.com or by post to 85 Great Portland street, 1st Floor, London, W1W 7LT, United Kingdom, by the said Member or any representative with the necessary legal powers to request such information.
17. AmoChef has appointed a Data Protection Officer (Hugo Dinis) who can be contacted by email to firstname.lastname@example.org, or by post to 85 Great Portland street, 1st Floor, London, W1W 7LT, United Kingdom, should you have any questions, concerns or suspect a data breach.
Change, Delete or Cancel your AmoChef Account
1. You may review, update, correct or delete the Personal Information in your AmoChef account at any time.
2. If you would like to correct your information or cancel your AmoChef account entirely, you can do so by logging in to your account.
3. By cancelling or deleting your Personal Information or your AmoChef account you are not deleting any reviews, forum postings and similar materials posted by you, which may continue to be publicly available on the Platform in association with your first and last name, even after your AmoChef account is cancelled.
Cookies and Tracking Technologies
2. AmoChef may also allow our business partners to use their cookies and other tracking technologies on the Platform.
3. As a result, when you access or use the AmoChef Platform, you will provide or make available certain information to us and to our business partners.
4. Please note that you may disable the usage of cookies through your browser settings, at your sole discretion.
5. AmoChef does not change practices in response to a “Do Not Track” signal in the HTTP header from your browser.
6. AmoChef will track your activities if you click on advertisements for AmoChef services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
7. AmoChef may, either directly or through third party companies and individuals engaged to provide services to us, also continue to track your behaviour on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform.
8. AmoChef may also, either directly or through third party companies and individuals engaged to provide services to AmoChef, track your behaviour on our own Platform to market and advertise our services to you on the Platform and third party websites.
10. Please note that even if you choose to opt-out from receiving targeted advertising, you may still receive advertising on or about the AmoChef Platform – it just will not be tailored to your interests.
Third-party social plugins, networks and websites
1. AmoChef Platform may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.
2. As a result of this, you may send to the third-party company the information that you are viewing on a certain part of AmoChef Platform.
3. If you are not logged into your account with the third-party company, then the third party may not know your identity.
4. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to AmoChef Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.
6. You may link your account on a third party social networking site to your AmoChef Account, namely Facebook. AmoChef refers to a person’s contacts on these third party sites as “Friends”. When you create this linkage:
(i) some of the information you provide to AmoChef from the linking of your accounts may be published on your AmoChef account profile;
(ii) your activities on the Platform may be displayed to your Friends on the Platform and/or that third party site;
(iii)other AmoChef users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
(iv)other AmoChef users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s); and
(v) the information you provide to AmoChef from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes.
7. The publication and display of information that you provide to AmoChef through this linkage is subject to your settings and authorizations on the Platform and the third party site.
8. The AmoChef Platform will contain links to other websites not owned or controlled by AmoChef. AmoChef does not have any control over third party websites.
Copyright and Trademark
1. All content included on the AmoChef Website, including but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are protected by English and international copyright laws and conventions.
2. The Content includes both Content owned or controlled by AmoChef, and Content owned or controlled by third parties and licensed to AmoChef.
3. Except as permitted in these Terms and Conditions of Service, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of AmoChef.
4. If you know or suspect that any of the materials on the AmoChef Website and Services have been used or copied in a way that constitutes copyright infringement, please send notice to AmoChef.
Referral service and requesting references
1. The AmoChef Platform may provide a referral service that allows you to invite your friends and contacts to use the Platform, by creating a referral program or an affiliate program.
2. The Platform may also allow you to ask your friends and contacts to write a reference for you, to be published on your AmoChef profile.
3. AmoChef may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and AmoChef does not collect or retain the contact information that is used to send them.
4. You may also be given the possibility to send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You may be able to type in the email addresses or other contact information manually, or you may be able to choose to import the contacts in your address book(s), if available. In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention.
5. With respect to referrals, AmoChef will also store the email addresses of your invitees to track if your invitee joins AmoChef in response to your referral.
6. AmoChef will never store the username and password for the email account used to import the contacts from.
Meetups & Groups
1. The Platform may allow registered account holders to organize, search for or participate in offline events (“Meetups”) or to participate in online discussion forums (“Group(s)”) in selected cities.
2. If you organize a Meetup, indicate that you will attend one or join a Group, this information, together with some of your public information (such as your profile picture and public profile page) and any messages that you post about that Meetup and your membership to the Group will be visible to users who browse the event or Group. However, AmoChef will never disclose where you are to another Meetup or Group user.
AmoChef Referral Program
- The AmoChef Referral Program allows Members to earn promotional coupon credits toward future Experience bookings (“AmoChef Rewards”) by referring friends to AmoChef.
- Members can earn promotional coupon credits if: (i) a referred friend clicks on their referral link to create a valid AmoChef account that complies with these Terms and Conditions; and (ii) the referred friend successfully completes an Experience booking as a Taste Explorer.
- The referring Member will be credited with the AmoChef Rewards amount described in the referral invitation or accompanying promotional materials after the completion of the referred successful Experience booking.
- Credits may only be redeemed via the AmoChef Platform. Credits will automatically appear as AmoChef Rewards on the checkout page, and must be used on a reservation within one year from the date they are issued. After one year, the AmoChef Rewards will expire. Experience Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash.
- Experience Credits may not be earned by creating multiple AmoChef Accounts. AmoChef Rewards accrued in separate AmoChef accounts may not be combined into one AmoChef account.
- You are responsible for any Tax consequences, if any, that may result from your redemption or use of AmoChef Rewards. Where applicable, AmoChef may be required to account for VAT on any services for which the AmoChef Rewards are redeemed.
- Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs with the primary purpose of soliciting AmoChef Rewards. AmoChef Members are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. AmoChef Members are prohibited from paying to advertise their referral links.
- A referred friend may only use one referral link. If a referred friend receives referral links from multiple AmoChef Members, only the corresponding AmoChef Member of the referral link used by the referred friend will receive the AmoChef Rewards.
- AmoChef may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason.
- We reserve the right to suspend accounts or remove AmoChef Rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the AmoChef Terms and Conditions. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
- The scope, variety, and type of services and products that you may obtain by redeeming AmoChef Rewards can change at any time.
- To redeem a code (a “Discount Code”), a user shall register into the AmoChef Platform, create a valid account and book an Experience.
- The Discount Code will be available for the period of time specified in the promotion marketing materials. If no period of time is specified therein, the Discount Code will be available for a limited time only at AmoChef’s sole discretion. AmoChef reserves the right to hold void, cancel, suspend, or amend the Discount Code or where it becomes necessary to do so.
- AmoChef Members who enter the Discount Code to book an Experience will have discounted from the total amount to pay for an Experience the (i) exact amount specified in the discount code, or (ii) a specified percentage, or (iii) the Total Fees (or part thereof), or a combination of those., .
- A Discount Code is not cumulative, cannot be used in conjunction with other promotion codes but may be used more than once by each Taste Explorer (as long as in different Experience bookings).
- If the costs associated with the Experience selected by the Taste Explorer are less than the Discount Code to be redeemed, the remaining amount cannot be rolled over.
- AmoChef gift cards can be purchased on the AmoChef Platform in amounts starting from 25 Great Britain Pounds.
- The value of your AmoChef gift card can be redeemed online at www.amochef.com and may only be redeemed toward the purchase of an Experience. The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card, reloaded, resold or transferred for value.
- Purchases are deducted from the Taste Explorer’s AmoChef Gift Card balance. Any unused AmoChef Gift Card balance will be placed in the Taste Explorer’s account. If a purchase exceeds the Taste Explorer’s Gift Card balance, the remaining amount must be paid with another payment method.
- In cases where your AmoChef gift card is lost or stolen, AmoChef is unable to replace or reimburse the remaining balance on a card. AmoChef cannot be held responsible for the any balance lost on an AmoChef gift card as a result of theft or fraud.
- Should your AmoChef gift card become damaged, AmoChef will take all the commercially reasonable steps to to replace the card providing you still have the card in your possession and the necessary details can be obtained.
- Taste Explorers may use their AmoChef gift card on our website regardless of the country in which the card was purchased. Should you choose to use your AmoChef gift card outside of the country it was purchased in, foreign exchange rates applicable on the date of the transaction may apply to any transactions performed.
- AmoChef Gift Cards, including any unused AmoChef Gift Card balances, expire one year from the date of issuance.
- When you purchase, receive or redeem an AmoChef Gift Card, you agree that the laws of England and Wales will govern these Gift Card terms and conditions.
Termination and Modification
1. You agree that AmoChef may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the AmoChef Website and Services (or any part thereof) or eliminate your profile and account, any associated email address, and remove any information you uploaded or provided to the AmoChef Website with or without notice. Cause for termination shall include, but not be limited to:
(ii) requests by law enforcement or other government agencies;
(iii) a request by you (self-initiated account deletions);
(iv) discontinuance or material modification to the AmoChef Website and Services (or any part thereof);
(v) unexpected technical or security issues or problems;
(vi)extended periods of inactivity; and / or
(vii)your engagement in fraudulent or illegal activities.
2. You agree that all terminations for cause shall be made at AmoChef sole discretion, and neither AmoChef nor AmoChef’s licensors shall be liable to you or any third party for any termination of your account, any associated email address, or access to the AmoChef Website and Services or Account or any portion thereof.
2. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the AmoChef Website and Services.
You and AmoChef agree to submit to the personal jurisdiction of a state court located in England and Wales for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and AmoChef agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions of Service or the breach, termination, thereof, or to the use of the Services or use of the AmoChef Website (collectively, “Disputes”) will be settled by arbitration.