Terms and Conditions
Last Updated Date: February 15, 2022
1) Introduction
The following agreement describes the terms on which T-Mac’s Kitchen offers you access to and use of our sites and services. By using sites and services provided by T-Mac's Kitchen as defined in “Description of Services” below, you confirm acceptance of and adherence to this Terms of Use agreement (“TOU”) in its entirety. The TOU, which constitutes a legally binding agreement between you and T-Mac's Kitchen, is effective upon your use of our website tmacskitchen.com and for the entire duration of your use of T-Mac's Kitchen services.
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of T-Mac's Kitchen sites and services, in which case any continuing access or use of T-Mac's Kitchen sites and services is unauthorized.
The TOU grants you a limited, revocable, non-exclusive license to access the sites and use our services for personal use. You may not use the sites and services beyond the scope of access granted to users by the TOU.
2) Description of Services
T-Mac's Kitchen provides services through tmacskitchen.com and its related pages (together the “Site”). Through the Site, T-Mac's Kitchen provides a platform whereby website visitors (“Users”) may schedule meal preparation completed by independent chefs (“Chefs”) of T-Mac's Kitchen’s choosing. The Users will pay T-Mac's Kitchen for the service.Together, this set of opportunities allowing a User to dictate and schedule meal preparation is known as the “Services” provided by T-Mac's Kitchen.
3) Use of Services
Users understand that the Services provided by T-Mac's Kitchen are limited to those detailed in the “Description of Services” above.
Chef Services
Users understand that Chefs are independent contractors of T-Mac's Kitchen. T-Mac's Kitchen has no responsibility for or control over Chefs’ conduct, quality of service, adherence to laws and regulations or any and all other forms of output, consequences of output or responsibilities borne by the Chefs. Under no circumstances is T-Mac's Kitchen liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred.
Reservation Process
Users understand that the process to reserve a Chef is performed as follows. First, a User purchases meal preparation for a particular day and menu item (together an “Event”) using the Site’s functionality. The meal preparation, also known as the service fee, is paid before or after purchase via telephone.If the User chooses, the Chef will provide ingredients for the Event, of which the reimbursement cost will be charged on a follow-up billing.
Payment Process
Users understand that the process to pay is performed as follows. T-Mac's Kitchen collects payments for Meals On-Demand and catering events before service is provided through a third-party online payment processing system. Users agree that under no circumstances is T-Mac's Kitchen liable in any manner for any loss or damage of any kind incurred as a result of Users’ use of the third-party online payment processing system.
Payment and Cancellation Policy
Users understand that T-Mac's Kitchen requires full service payment from Users. No refunds are offered for Meal On-Demand cancellations. If a catering Event is canceled by the User within 72 hours of the Event, User will forfeit the entire payment. Users understand that upon completion of Events, T-Mac's Kitchen will receive payment regardless of Users’ level of satisfaction with the Events.
4) Modification
T-Mac's Kitchen reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Site or Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Services.
5) Moderation
T-Mac's Kitchen has the right, but not the obligation, to regulate content posted to, stored on or transmitted from tmacskitchen.com by any User or Chef; and to enforce the TOU for any reason and in any manner or by any means that T-Mac's Kitchen, in its sole discretion, deems necessary or appropriate (including but not limited to screening, blocking, filtering, requiring the use of an application programming interface (API), authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). T-Mac's Kitchen may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
Users agree that T-Mac's Kitchen has the right, but not the obligation, to terminate a User’s access to the Site and Services by deleting a User’s account or blocking an e-mail or IP address immediately and without notice, for any reason deemed by T-Mac's Kitchen to be inconsistent with the TOU. Users agree that Users will not hold T-Mac's Kitchen liable for any such termination by T-Mac's Kitchen.
Users understand that any such measures, actions or inactions taken by T-Mac's Kitchen and any of its members or officers that fall under the “Moderation” section are undertaken voluntarily and in good faith.
6) Eligibility
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
7) User Conduct
In connection with your use of the Site and Services, you may not and you agree that you will not:
use the Site or Services for any commercial purposes, including, but not limited to, chef recruitment or other purposes that are not expressly permitted by these TOU;
use the Site or Services to find a Chef for transactions, either now or in the future, that will not utilize the Site for payment processing and/or that are meant to circumvent the obligation to pay any fees related to T-Mac's Kitchen’s provision of the Services;
once an event is complete, contact the Chef you engaged with regarding future Chef Services (you must use the Site to connect with the Chef and use the Site’s payment system if you are to engage with this Chef again. Contacting this Chef for subsequent Chef Services without the use of the Site is an explicit violation of this agreement);
contact a Chef for any purpose other than asking a question related to an Event;
“stalk”, harass or harm any Chef or collect or store any personally identifiable information
copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these TOU;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person, including without limitation, photographs of others without their permission or personal contact information;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
access non-public areas of the Site;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, either as an individual or in conjunction with a third party;
T-Mac's Kitchen will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
8) Proprietary Rights
The Site, including all of its content created by T-Mac's Kitchen, and Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of T-Mac's Kitchen. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services. When used on the Site or for other commercial purposes, the phrase or logo “T-Mac's Kitchen” is a trademark of T-Mac's Kitchen LLC.
9) Disclaimers
YOUR ACCESS TO, USE OF AND RELIANCE ON T-MAC’S KITCHEN IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION. USERS ACKNOWLEDGE AND AGREE THAT T-MAC’S KITCHEN DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CHEF, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
T-MAC’S KITCHEN (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, T-MAC’S KITCHEN ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND CHEF SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.
10) Limitations of Liability
T-MAC’S KITCHEN AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH T-MAC’S KITCHEN BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND OTHER PERSONS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH T-MAC’S KITCHEN, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF T-MAC’S KITCHEN OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH T-MAC’S KITCHEN; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH T-MAC’S KITCHEN; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH T-MAC’S KITCHEN.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH T-MAC’S KITCHEN (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
11) Indemnity
You will indemnify and hold T-Mac's Kitchen and its members and officers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, and/or your violation of any law or the rights of a third party.
12) General
This TOU constitutes the entire and exclusive understanding and agreement between T-Mac's Kitchen and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between T-Mac's Kitchen and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of Illinois and the United States of America.
Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of T-Mac's Kitchen to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.
