Terms and Conditions Welcome to Chef Servcies Terms and Agreement Section! Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service. This Agreement (the "Agreement") is a legal agreement between you and Chef Servcies ("outerbankscooking.com" or "CS") that states the terms and conditions under which you may receive the Chef Servcies service and use outerbankscooking.com. If you use the Chef Servcies service or outerbankscooking.com, you agree to these terms and conditions.
- Chef Servcies Delivery Service and Website. The Chef Servcies service is a transaction, information and communication service available to authorized users ("customers") who access outerbankscooking.com.
- Grocery Shopping and Delivery Service.Chef Servcies employees, agents or designees will shop and deliver grocery orders placed with Chef Servcies. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time the order is delivered. You are responsible for ensuring that someone is present at the delivery address to receive deliveries at the specified time of delivery.Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Chef Servcies cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through CS, you may return it and it will be credited against your next CS order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, but we will not charge more if the product is more. Chef Servcies liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge. In some areas, you may choose to receive your Chef Servcies order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing tobacco or alcoholic products cannot be left unattended under any circumstances. CS may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. Chef Servcies is not responsible, and you agree not to hold CS or its employees responsible, for any damage or theft that occurs to an unattended delivery. CS reserves the right to refuse to leave an order unattended if the Chef Servcies Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
- Third Party Information Providers and Merchants. The CS service may permit you to order and receive products, information and services from businesses which are not owned or operated by CS. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Chef Servcies does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Chef Servcies service.
- Your Member Account. You agree to provide Chef Servcies with accurate and complete information as required by registration for the Chef Servcies service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Chef Servcies of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Chef Servcies service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Chef Servcies immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Chef Servcies Service until you notify CS of the unauthorized use, loss or theft.
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Property Rights - outerbankscooking.com and Chef Servcies.
- Copyright: All content on outerbankscooking.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Chef Servcies ALL RIGHTS RESERVED, or its content providers. Chef Servcies authorizes you to view, electronically copy and to print in hard copy portions of outerbankscooking.com for the sole purpose of placing an order with Chef Servcies ,for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on Chef Servcies including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of CS reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from CS.
- Trademarks: All Chef Servcies logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of CS or otherwise proprietary to CS and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on outerbankscooking.com are the property of their respective owners.
- Fees, Payment and Access. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Chef Servcies fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the CS fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Chef Servcies may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Chef Servcies may incur in its efforts to collect any unpaid balances from you. CS reserves the right to establish a credit limit for your account. Your right to use the Chef Servcies service is also subject to limits established by your credit card issuer.
- Unauthorized or Fraudulent Use. Chef Servcies does not offer the CS Service to children. By registering for the Chef Servcies, you warrant that you are at least 18 years old. If you are under 18, you may use the CS Service only with the involvement of a parent or guardian. From time to time, CS may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and CS reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
- Changes in Agreement, Fee Schedule or Chef Servcies Service. CS may at any time change any of the terms of this Agreement or the CS fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Chef Servcies service. If CS makes material changes to this Agreement or changes to the CS fee schedule, Chef Servcies will provide notice to you in a manner provided in this Agreement. Your use of the Chef Servcies service after any such change will be conclusively deemed acceptance of such change. Chef Servcies may discontinue or revise any or all aspects of the CS service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Chef Servcies Service and terminate this Agreement.
- Termination. Chef Servcies may suspend or terminate your access to the CS service at any time for any reason with or without notice to you. You may terminate your CS service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your CS Service for any reason, you will not be entitled to a refund of any fees. CS reserves the right to collect fees and charges incurred before you cancel your CS Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE Chef Servcies SERVICE, outerbankscooking.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Chef Servcies SERVICE, outerbankscooking.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Chef Servcies DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Chef Servcies DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY outerbankscooking.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT outerbankscooking.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER Chef Servcies NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE Chef Servcies SERVICE, outerbankscooking.com, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH Chef Servcies. Chef Servcies LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY Chef Servcies AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The material on outerbankscooking.com is provided for lawful purposes only. Chef Servcies controls and operates outerbankscooking.com from its headquarters in Chef Servcies, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use outerbankscooking.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold Chef Servcies and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
- Privacy and Security. Your privacy is important to us here at Chef Servcies. We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at outerbankscooking.com, you are accepting the practices described in this Privacy Policy. When you register with Chef Servcies you provide us with your name, billing and delivery addresses, e-mail address, telephone number, and credit card account number and expiration date. You select a username and password allowing you access to the Chef Servcies service. Your password should be kept strictly confidential to prevent unauthorized use. While using the Chef Servcies service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications. Chef Servcies also receives and stores certain types of information whenever you interact with us through the use of "cookies." Cookies are identifiers transferred to your computer's hard drive through your Web browser which enable our systems to recognize your browser and to provide you with certain shopping features. These "cookies" allow us to give you customized and personalized service and helps us identify ways to improve your shopping experience. Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that Chef Servcies may aggregate such information and report results to them. If you choose to reject or disable cookies, you will be unable to use those Chef Servcies Services that require the use of such cookies. Chef Servcies uses your information to enhance and personalize your shopping experience. Chef Servcies does not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide our service or as described below.
- Aggregated Information. CS may use aggregated information regarding its customers and usage of the CS service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. CS may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Sale of Business. CS may transfer Customer Registration Data and other personal information in connection with the sale of CS or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.
- Enforcement of Agreement or Compliance with Law. CS may use or disclose personal information when CS believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of CS or its users or to comply with the law.
- Legal and Miscellaneous.
This Agreement states your entire agreement with Chef Servcies regarding the use of the Chef Servcies Service and outerbankscooking.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
- The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Chef Servcies or its Associates or relating in any way to your use of the Chef Servcies or outerbankscooking.com resides in the courts of Kansas, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Kansas in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Chef Servcies and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Chef Servcies service.
- Notices. Chef Servcies may give notice to you of a change in this Agreement, a change in the CS Fee Schedule, and any other matter by general posting on outerbankscooking.com, by electronic mail. You may give notice to CS by telephone (518-5567-8886), by electronic mail (visit Contact Us on outerbankscooking.com), or by conventional mail to:
Chef Servcies
We Shop We Deliver
Post Office Box 19
Catskill, New York 12414
Attention: TERMS AND CONDITIONS If you have any questions about this agreement, please call us at 518-5567-8886 or email us at info@outerbankscooking.com.