SAVORWE INC.
TERMS OF SERVICE
Updated: November 3, 2020
ACCEPTANCE
The SavorWe.com website (the “Website”) and mobile device application (the “App”) and services provided through the Website and App (the “Services”) are owned and operated by SavorWe, Inc. (“SavorWe”). The Website, App and Services shall be referred to collectively as the SavorWe Platform. Your use of the SavorWe Platform is subject to this Agreement (“Agreement” or “Terms”). By accessing or using the SavorWe Platform, you agree to comply with and be bound by this Agreement.
PRIVACY
Use of the SavorWe Platform is subject our Privacy Policy. By using the SavorWe Platform you agree to be bound by the Agreement contained in our Privacy Policy.
OTHER SITE POLICIES
Your access to or use of certain areas and features of the SavorWe Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access or use the relevant areas or features of the SavorWe Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the SavorWe Platform, the terms and conditions applicable to a specific area or feature will take precedence over this Agreement, unless otherwise specified in the other terms and conditions.
If you access or download the SavorWe App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the SavorWe Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
THIRD PARTY CONTENT AND LINKS
The SavorWe Platform may contain hyperlinks to websites controlled by parties other than SavorWe. SavorWe is not responsible for and does not endorse or accept responsibility over the contents, opinions expressed or use of any of these websites. SavorWe makes no representations or warranties with regard to the products, services, or content of any such third parties.
GOVERNING LAW AND JURISDICTION
At this time, the SavorWe Platform is available only in the United States. This Agreement, and SavorWe’s operation of the SavorWe Platform, shall be governed and interpreted in accordance with the laws of the United States and the State of Illinois. Any disputes arising out of this Agreement or your use of the SavorWe Platform shall be adjudicated in a court located in Cook County, Illinois.
SCOPE OF SERVICES
SavorWe offers a unique and affordable way to arrange for a professional chef (“Chef”) who have signed up with SavorWe to come to your home or business and host a unique culinary experience for your friends, family or guests in your own kitchen (a “Culinary Event”). This Agreement covers the terms and conditions for both hosts (those who host a chef) and Chefs, collectively, (“Members”).
SavorWe’s services consist only of providing a platform to enable Members to arrange Culinary Events with Chefs who have signed up to offer cooking services to hosting Members. Chefs are not employees of SavorWe. SavorWe does not provide the actual culinary services, menu ingredients or kitchen spaces where Culinary Events take place.
While SavorWe may help facilitate the resolution of disputes between Members, SavorWe has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Culinary Events, (ii) the truth or accuracy of any Chef profiles, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Chef, any Member or their guests; (iv) the suitability, cleanliness or functionality of the location where the Culinary Event takes place.
Any references to a Member or Chef being “verified” indicates only that the Member or Chef has provided SavorWe with relevant identification information. SavorWe takes reasonable steps to verify that such information is truthful and accurate, but SavorWe does not guarantee that such information is indeed truthful or accurate and descriptions of Members and Chefs on the SavorWe Platform is not an endorsement, certification or guarantee by SavorWe about any Member or Chef, including of the Member’s or Chef’s identity or background or whether the Member or Chef is reliable, trustworthy, safe or suitable.
ELIGIBILITY, USING THE SAVORWE PLATFORM, MEMBER VERIFICATION
To sign-up for, access and use the SavorWe Platform you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the United States [residing in or willing to travel to the greater Chicago, Illinois area].
SavorWe may make access to and use of the SavorWe Platform, or certain areas or features of the SavorWe Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
For transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members and/or Chefs to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Member’s and Chef’s, (ii) screen Member’s and Chef’s against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member or Chef, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
FEES
Members agree to pay the fees set forth by SavorWe based upon menu type, quantity and offering date.
YOUR MEMBERSHIP ACCOUNT
To become a Member, you will be prompted to disclose certain information about yourself, and you authorize SavorWe to share this information on the SavorWe Platform. By providing information or by submitting a request to sign up with SavorWe as a Chef or Member, you expressly give SavorWe or its representative permission to contact you by phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, so that SavorWe may provide the Services set forth on the SavorWe Platform, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails.
When you visit the Website or App, or send e-mails to SavorWe, you are communicating with SavorWe electronically. You consent to receive communications from SavorWe electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to: (a) provide accurate and current information about yourself as prompted by the SavorWe Platform (the “Registration Information”); and (b) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the SavorWe Platform and future access to the SavorWe Platform.
You represent and warrant that all Registration Information you provide is (and will be updated promptly so that it is) accurate, current, and truthful to the best of your knowledge. If you provide any Registration Information that is untrue, not current or incomplete, or SavorWe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SavorWe has the right to refuse any current or future use of the SavorWe services (or any portion thereof) by you. You are responsible for any use of the SavorWe services by persons to whom you intentionally or negligently allow access to your password.
CONDUCT AND PROHIBITED ACTIVITIES
In using the SavorWe Platform, you agree not to:
• Engage in any fraudulent activity or otherwise provide false or misleading information or communications.
• Impersonate any person or entity or otherwise mislead as to the origin of any information or communication.
• Engage in any activity that violates any federal, state or local laws or regulations, or otherwise engage in any illegal activity.
• Violate or otherwise infringe on the copyright, trademark or other intellectual property rights of SavorWe or any other party.
• Violate or otherwise infringe on the privacy rights or contractual rights of SavorWe or any other party.
• Use any robot, scraper, spider, script, crawler, data mining tool, or other automated process to obtain information from the SavorWe Platform.
• Use any manual process to obtain information from the SavorWe Platform for any purpose other than in direct furtherance of the Permitted Use.
• Circumvent our efforts to prevent or limit access to portions of the SavorWe Platform.
• Use or interfere with the SavorWe Platform in any way that involves a virus, cancel bot, Trojan horse, harmful code, flood pings, denial-of service attacks, packet or IP spoofing, forged routing, forged e-mail address information, or any other method or technology that is similar to any of the foregoing items.
• Mirror or frame the SavorWe Platform or any individual element of the SavorWe Platform.
• Attempt to reverse engineer or otherwise disassemble any portion of the SavorWe Platform.
• Use the SavorWe Platform to distribute unsolicited e-mails or unsolicited advertisements.
• Improperly manipulate the ratings or other feedback provided through the SavorWe Platform.
• Post or otherwise transmit: (a) any content that is libelous, defamatory, obscene, indecent, pornographic, profane, vulgar, threatening, or offensive; (b) any content that promotes any illegal activity or substance; or (c) any other content that would violate the law or otherwise give rise to a civil claim.
• Harass any other user of the SavorWe Platform.
• Collect, store, or use any personally identifiable information about any other user of the SavorWe Platform except in furtherance of purposes expressly permitted as part of the Permitted Use.
• Assist, encourage or otherwise facilitate the efforts of any third parties to engage in any of the foregoing list of prohibited activities.
TERMINATION OR SUSPENSION OF ACCOUNT
SavorWe, in its sole and absolute discretion, may immediately issue a warning, suspend or terminate your access to the SavorWe Platform or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.
If it is determined or suspected by SavorWe in its sole discretion that you are misusing or attempting to misuse or circumvent the SavorWe Platform, or are using or attempting to use the SavorWe Platform for any inappropriate purpose, including but not limited to activities in violation of the “Conduct” section above, or such as hacking, infiltrating, fraud, advertising, jamming or spamming, SavorWe reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
SECURITY
SavorWe uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to SavorWe.
When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information. SavorWe makes no representations or warranties with regard to the sufficiency of these security measures and, SavorWe shall not be responsible for any actual or consequential damages that result from a security breach.
You are solely responsible for keeping your User ID and password secure and confidential. You should not disclose your User ID or password to any other party. Once logged on using your User ID and password, whether authorized or unauthorized, you take full responsibility for any transactions entered into once access to the Site is obtained.
If you believe that your User ID and/or password has been compromised or you become aware of any other breach of security regarding the Site, you must notify SavorWe immediately.
PLATFORM AVAILABILITY
You acknowledge that due to the nature of the internet, SavorWe cannot guarantee that access to the SavorWe Platform will be uninterrupted or that e–mails or other electronic transmissions will be sent to you, received by SavorWe or communicated to others. SavorWe periodically schedules system downtime for maintenance and other purposes and the SavorWe Platform may be unavailable due to unplanned system outages. SavorWe shall have no liability whatsoever for the resulting unavailability of the SavorWe Platform or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages.
MODIFICATIONS TO WEBSITE, SERVICES AND CONTENT
SavorWe reserves the right to modify in part or in whole, or temporarily or permanently discontinue the SavorWe Platform or any portion or content contained therein for any reason and at any time without notice to you. SavorWe reserves the right to delete, modify or supplement the Content of the SavorWe Platform at any time for any reason without notification to anyone. SavorWe is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this SavorWe Platform. Any amended or modified terms will be effective upon posting. SavorWe reserves the right to make changes to this SavorWe Platform, including information and pricing, at any time without notice. Continued use of the SavorWe Platform constitutes acceptance of any modified Agreement.
COPYRIGHTS AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SavorWe or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SavorWe, with copyright authorship for this collection by SavorWe, and protected by international copyright laws.
SavorWe’s trademarks and trade dress may not be used in connection with any product or service that is not SavorWe’s, in any manner that is likely to cause confusion among Members, or in any manner that disparages or discredits SavorWe. All other trademarks not owned by SavorWe or its subsidiaries that appear on this site are the property of their respective owners.
Except as expressly stated in this Agreement, you shall not download or copy any portion of the SavorWe Platform or otherwise collect or use any product Culinary Events, product descriptions, account information or use data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SavorWe. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SavorWe and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SavorWe’s name or trademarks without the express written consent of SavorWe. Any unauthorized use automatically terminates without further notice the permission or license granted by SavorWe. You may not use any SavorWe logo or other proprietary graphic or trademark as part of the link without express written permission.
TERMS APPLICABLE TO ALL CULINARY EVENTS
When creating a Culinary Event through the SavorWe Platform you must (i) provide complete and accurate information (such as Culinary Event description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules), dietary restrictions, food or pet allergies and requirements that apply (such as any minimum age for the Culinary Event) and (iii) provide any other pertinent information requested by SavorWe or any Member (host or Chef). You are responsible for keeping your Culinary Event information (including calendar availability) up-to-date at all times. Any terms and conditions included in your Culinary Event, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Culinary Event.
Members should carefully review the description of any Chef and menu before booking to ensure that the Chef and menu meet any minimum age, proficiency, dietary restrictions, allergies, or other restrictions. Members are solely responsible for informing Chefs of any medical or physical conditions, dietary restrictions, allergies, or other circumstances that may impact a Member or their guest’s ability to participate in any Culinary Event. In addition, certain laws, like the minimum legal drinking age in the location of the Culinary Event apply. Members are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to a Culinary Event. You agree that you are responsible for compliance with all federal, state and local laws and regulations and any other governmental rules that apply to you or your property. You also agree to be responsible for any contractual relationships or other obligations (e.g., condominium association rules) that are applicable to you or your property where the Kitchen Environment is located.
Chefs are solely responsible for setting a price for providing services in connection a Member’s Culinary Event, including any taxes, ingredients and/or equipment required for the Culinary Event as mutually agreed between the Members (“Culinary Event Fee”). Once Members agree on the Culinary Event Fee neither party may not request that a party pay a higher price unless the parties mutually agree in writing due to changes in the scope of services (i.e. change in menu items, ingredients or the number of guests).
Before and during a Culinary Event, Members must at all times adhere to instructions mutually agreed upon between Members (i.e. Hosts and Chefs).
SavorWe recommends that Members (including both Hosts and Chefs) obtain appropriate insurance. Members are solely responsible for purchasing such insurance and reviewing insurance coverage and policy limits, exclusions and 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 guests.
BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS, RESOLUTION CENTER
Members are responsible for any modifications to a booking that they make via the SavorWe Platform.
Chefs or Members may cancel a confirmed Culinary Event booking pursuant to the SavorWe cancellation policy mutually agreed upon by the Members at the time the Culinary Event is booked. SavorWe shall not issue any refund of any fees collected by SavorWe. SavorWe is not responsible for any ingredients, equipment, supplies, or other expenses incurred by any Member.
In certain circumstances, SavorWe may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons where SavorWe believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to SavorWe, other Members, third parties or property, or for any of the reasons set out in these Terms.
RATINGS AND REVIEWS
After completion of a Culinary Event, Members may submit public reviews of other Members who participated in the Culinary Event (a “Review”) and submit a public star rating (a “Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of SavorWe. Ratings and Reviews are not verified by SavorWe for accuracy and may be incorrect or misleading.
Members represent and warrant that all Ratings and Reviews shall be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to the SavorWe Conduct policy set forth in this Agreement. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the SavorWe Platform (such as the Culinary Event page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
KITCHEN ENVIRONMENTS
SavorWe shall not be liable to any Member if a Member cancels a Culinary Event for any reason. Members are solely responsible for ensuring that their kitchen, and all ingredients, utilities, appliances, utensils, cookware, bakeware (collectively, the “Kitchen Environment”) is safe, sanitary, and fully operational. Members hosting Culinary Events and Chefs are solely responsible for communicated with each other prior to and during any Culinary Event to make sure that (a) the Kitchen Environment is safe, sanitary and fully operational, and meet the requirements of both parties and their guests; and (b) who is responsible for securing, delivering or ordering any and all food ingredients that will be required for the Culinary Event; and (c) all such food ingredients meet the allergy and dietary restrictions submitted by the Member hosting the Culinary Event on their own behalf and their guests.
SAVORWE IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN MEMBERS OR THEIR GUESTS
SavorWe is not a party to any contract or payment transaction between a Member and a Chef. Any contract or payment transaction between a Member and a Chef will be pursuant to communications between the Member and the Chef. You acknowledge that you will be subject to the contractual and other legal relationships that you create by your communications with others on or through the SavorWe Platform. SavorWe will not in any way be responsible for contract breaches, improper conduct or other issues that arise related to any contractual or other legal relationships between a Member and Chef. SavorWe does not endorse any Chef or Member. You are responsible for confirming the identity, background, and suitability of anyone you communicate with through the SavorWe Platform. SavorWe is not responsible for any Kitchen Environment or menu descriptions. Each Member is solely responsible for the content and accuracy of the Member’s Kitchen Environment.
MEMBER CONTENT
SavorWe may, at its sole discretion, enable Members to create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the SavorWe Platform (“Member Content”). You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the SavorWe Platform or you have all rights, licenses, consents and releases that are necessary to grant to SavorWe the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or SavorWe’s use of the Member Content (or any portion thereof) as contemplated under these Terms 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.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the SavorWe Platform or Content, except to the extent you are the legal owner of your particular Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SavorWe or its licensors, except for the licenses and rights expressly granted in these Terms.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the SavorWe Platform, you grant to SavorWe a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the SavorWe Platform, in any media or platform. To the extent that Member Content includes personal information that is subject to the SavorWe Privacy Policy, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.
MONITORING AND MODERATION
SavorWe has the right, but no duty, to monitor content posted on the SavorWe Platform; and SavorWe has no duty to remove or edit content posted by any third party on the SavorWe Platform. Notwithstanding, SavorWe reserves the right to remove or edit any content uploaded to the SavorWe Platform that SavorWe deems inappropriate, inaccurate, off topic or for any other reason in its sole and absolute discretion, or (i) operate, secure and improve the SavorWe Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist SavorWe in good faith, and to provide SavorWe with such information and take such actions as may be reasonably requested by SavorWe with respect to any investigation undertaken by SavorWe or a representative of SavorWe regarding the use or abuse of the SavorWe Platform.
Furthermore, SavorWe reserves the right to suspend or cancel any member account and Culinary Events for any other reason in its sole and absolute discretion.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SavorWe by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
DISPUTES BETWEEN MEMBERS
Members are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom a Member invites to, or otherwise provide access to, the Culinary Event.
If a Member claims and provides evidence that a Chef or an individual invited by the Chef, to the Culinary Event damaged a Kitchen Environment or any personal or other property at a Kitchen Environment (“Damage Claim”), the Member can seek payment from you through the SavorWe resolution center. [Discuss]
Members agree to cooperate with and assist SavorWe in good faith, and to provide SavorWe with such information and take such actions as may be reasonably requested by SavorWe, in connection with any Damage Claims or other complaints or claims made by Members relating to a Kitchen Environment or any personal or other property located at a Kitchen Environment. A Member shall, upon SavorWe’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by SavorWe or a third party selected by SavorWe or its insurer, with respect to losses for which a Member is requesting payment from SavorWe.
Member’s hosting a Culinary Event understand and agree that SavorWe may make a claim under that Member’s homeowner’s, renter’s, general liability or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property. You agree to cooperate with and assist SavorWe in good faith, and to provide SavorWe with such information as may be reasonably requested by SavorWe, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as SavorWe may reasonably request to assist SavorWe in accomplishing the foregoing.
RESOLVING DISPUTES; ARBITRATION
You and SavorWe agree that disputes related to this Agreement will be handled through arbitration, except that either you or SavorWe may bring a lawsuit solely for injunctive relief to stop unauthorized use of the SavorWe Platform or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting [info@savorwe.com]. If your claim is not resolved within 15 days of the day you contact SavorWe regarding your claim, you or SavorWe may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be held in Chicago, Illinois.
You agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action, or any other similar type of consolidation of claims. In other words, you may resolve disputes with SavorWe on an individual basis only.
You agree that any claim that you have against SavorWe must be brought within twelve months of the date that the claim arose.
INTELLECTUAL PROPERTY
All content included on the SavorWe Platform, such as text, graphics, logos, button icons, images, and software, are the property of SavorWe or its content suppliers and is protected by U.S. and international copyright laws. The collection, arrangement, and assembly of all content on the SavorWe Platform is owned by SavorWe and is protected by U.S. and international copyright laws. All software-based features used on the SavorWe Platform are the property of SavorWe or its licensor(s) and are protected by U.S. and international copyright laws.
SavorWe is the owner of the SavorWe trademark(s) and logos, as well as other trademarks identified on the SavorWe Platform with either a “TM” or ® designation. Other trademarks may be owned by SavorWe’s respective affiliates and business partners that provide products or services on the SavorWe Platform.
Except as stated in Content Usage and License Section above, reproduction, modification, or distribution of the content on the SavorWe Platform is strictly prohibited. You agree not to sell, license, rent, distribute, copy, transmit, publicly display, adapt, edit, or create derivative works using content contained on the SavorWe Platform. Additionally, you may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the SavorWe Platform.
USER FEEDBACK
Subject to the SavorWe Privacy Policy, should any user provide SavorWe with any ideas, inventions, opinions, comments, suggestions, or the like regarding the content and/or operation of the SavorWe Platform (collectively “Ideas”), whether solicited or unsolicited, such Ideas shall be deemed to be non-confidential and non-proprietary and owned by SavorWe. SavorWe shall have no obligation of any kind to you with respect to such Ideas and SavorWe shall be free to reproduce, use, disclose and distribute the Ideas for SavorWe’s own benefit without compensation or any obligation to you.
WARRANTY DISCLAIMER
By using the SavorWe Platform, you expressly agree that use of the SavorWe Platform is at your sole risk. The information, products and Services contained on this SavorWe Platform may be outdated or include omissions, inaccuracies, or other errors. SavorWe makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content of the SavorWe Platform. The SavorWe Platform, and the content contained on the SavorWe Platform are provided on an “AS IS” and “as available” basis. Neither SavorWe nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, licensors or the like (collectively, “Associates”) warrant that use of the SavorWe Platform will be uninterrupted or error-free. Neither SavorWe nor its Associates warrant the accuracy, integrity or completeness of the content provided on the SavorWe Platform or the services offered for sale on or through the SavorWe Platform.
SAVORWE, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, SAVORWE DOES NOT WARRANT OR REPRESENT THAT THE SAVORWE PLATFORM OR ANY SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SAVORWE PLATFORM WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIME BOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
LIMITATION OF LIABILITY
SAVORWE AND ITS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (A) YOUR USE OF OR INABILITY TO USE THE SAVORWE PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SAVORWE PLATFORM THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SAVORWE PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF SAVORWE OR ANY THIRD PARTY ON OR THROUGH THE SAVORWE PLATFORM, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY SERVICES PURCHASED THROUGH THE SAVORWE PLATFORM.
WHILE SAVORWE USES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD DATA, SAVORWE DOES NOT WARRANT THAT YOUR DATA AND TRANSACTION DATA WILL BE TRANSPORTED WITHOUT UNAUTHORIZED INTERCEPTION OR MODIFICATION OR THAT DATA WILL NOT BE ACCESSED OR COMPROMISED BY UNAUTHORIZED THIRD PARTIES. SAVORWE SHALL NOT BE LIABLE FOR ANY IMPROPERLY PROCESSED OR UNAUTHORIZED TRANSACTIONS OR ILLEGAL OR FRAUDULENT ACCESS TO MEMBER ACCOUNTS, END-USER OR TRANSACTION DATA. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SAVORWE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SAVORWE PLATFORM.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SAVORWE PLATFORM. IN NO EVENT SHALL SAVORWE’S TOTAL CUMULATIVE LIABILITY ASSOCIATED WITH YOUR USE OF THE SAVORWE PLATFORM UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO SAVORWE OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold SavorWe and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the SavorWe Platform; (ii) your use of Services provided through or in connection with the SavorWe Platform; or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in SavorWe’s defense of any claim. SavorWe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SavorWe.
COVID-19
SavorWe is committed to caring for the health and well-being of our chef and member community.
This section specifies measures that must be followed by all those organizing, promoting, preparing for, attending, serving at or otherwise contributing to or participating in or at experiences associated with SavorWe. These are minimum requirements, and it is for each individual to ensure compliance with CDC recommendations. For the safety of our chefs and Members, we reserve the right (but assume no obligation) to remove references to any experiences which it appears to us may not adhere to all relevant Protection Guidelines.
Measures for Chefs:
• Chefs may not attend an experience if on self-quarantine, or suffering from any transmissible or infectious disease or illness, or experiencing any symptoms of COVID-19, (or related illness) within the previous 14 days, or having within the last 14 days been in contact with a person who has tested positive for COVID-19.
• Chefs must follow CDC’s guidelines for handwashing, including washing hands before, during, and after preparing or serving food.
• Handwashing facilities including soap and warm water must be available for chefs and Members to use throughout the experience.
• Chefs are required to wear appropriate facial covering and take other necessary precautions when preparing and serving food.
• Chefs must wear disposable gloves when setting the table and preparing and serving food and take reasonable not to avoid the gloves from becoming contaminated (and hygienically replace gloves which may have become contaminated).
• Chefs are recommended to change gloves frequently, including after handling raw, fresh, or frozen meat.
• Physical menus provided to Members at experiences should not be shared must be single-use and discarded after experiences.
• Chefs should serve individual plates for Members. Communal or shared dishes and serving cutlery should be avoided if possible.
Measures for Members:
• Members may not attend an experience if on self-quarantine, or suffering from any transmissible or infectious disease or illness, or experiencing any symptoms of COVID-19 (or related illness) within the previous 14 days, or having within the last 14 days been in contact with a person who has tested positive for COVID-19.
• Members must ensure that all areas which may be visited by Members are adequately disinfected before any SavorWe Experience.
• Members must follow CDC’s guidelines for handwashing.
• Where required in order to comply with the Protection Guidelines, Members should wear appropriate facial coverage.
• Members should not pass items directly by hand to other people and should not transfer food from your plate to another’s plate or share cutlery.
• Members are recommended to leave windows open for circulation.
• Members are recommended to host in outdoor spaces, if available.
• Experience size limitations set by local authorities must be followed.
• Members are recommended to provide single-use napkins/ serviettes for at the dinner table.
• Governments have instituted new spacing limitations on gatherings applicable for public experiences. Members must follow all guidelines set by your local authorities as they are implemented and updated and must offer attendees the opportunity in advance to request special spacing or other provisions (which may be declined before the experience, but if not declined will be adhered to).
• Members should cooperate with the Chef in taking appropriate action to comply with these guidelines.
• Members accept that they are responsible for their own conduct.
• Members understand that attending experiences has associated risks and whilst reasonable efforts may be expected to be made to reduce those risks they cannot be eliminated. Members waive any right to claim for any infection contracted whilst attending an experience (except to the extent that the infection is contracted as a result of the gross negligence of the Chef).
By agreeing to the terms in this document it is implied that both parties, members and chefs, understand the risk associated with hosting and preparing experiences during COVID-19. SavorWe will not be held liable for any issues related to COVID-19.
CHANGES TO THIS AGREEMENT
We may change this Agreement from time to time. If we change this Agreement, we will adopt an appropriate procedure for providing notice that there have been changes to this Agreement. For example, we may send you an e-mail or we may, for a period of time, include a statement on the front page of the Website that the Terms of Use have been updated. We will also change the “Last Updated” date at the top of this Agreement. Your continued use of the SavorWe Platform after we have implemented our procedure for providing notice will be deemed to be your agreement to be bound by the changes. If any changes are unacceptable to you, you are not authorized to continue to use the SavorWe Platform.
OTHER LEGAL TERMS
The failure of any party to insist (in any one or more instances) upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment or any right granted in this Agreement or of the future performance of such provision. In interpreting any provision of this Agreement, no presumption shall arise favoring or disfavoring any party by virtue of the authorship of the provision. If an arbitrator or court determines that any provision of this Agreement is unenforceable: (a) such unenforceability shall not affect any other provision of this Agreement; (b) the remaining provisions of this Agreement shall remain in full force and effect; and (c) the arbitrator or court may so modify the unenforceable provision to the extent necessary to make it enforceable. This Agreement does not create any third party beneficiary rights, except that to extent any provision provides a release, limitation, indemnification or other protection to SavorWe, such provision shall be deemed to also provide a release, limitation, indemnification or other protection to any officer, employee, agent, member, manager or subsidiary of SavorWe.
CONTACTING SAVORWE
If you have any questions related to this Agreement, you can contact SavorWe at support@savorwe.com.
