Terms And Conditions

SERVICE TERMS AND CONDITIONS – Terms of Use Chef Kitchen

Effective Date: December 6, 2022

Company information:

Legal entity: Individual entrepreneur Nikita Mosin

Company identity number: 302252210

Web address: www.chef-kitchen.com

Contact email: info@chef-kitchen.com

These Terms and Conditions of Use and our Privacy Policy (together, these “Terms”) set forth the terms and conditions on which Chef Kitchen (“Chef Kitchen,” “we” or “us”) offers you access to www.chef-kitchen.com, and all other Chef Kitchen-operated websites and online services, (collectively, the “Website”).

Acceptance of Terms

Before accessing and using the Website, please read these Terms carefully, because they form a legal agreement between Chef Kitchen and you. These terms contain provisions that limit Chef Kitchen’s liability to you.

BY USING THE WEBSITE, YOU AFFIRM THAT:

YOU HAVE READ AND UNDERSTAND THESE TERMS;

YOU WILL COMPLY WITH THE TERMS; AND

YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE.

Website Usage

The Content on the Website is made available for information purposes only. You may display, reformat and print information from the Website for your own personal, non-commercial use only. You may not sell, re-publish, distribute or display any Content or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms or any applicable law or whose conduct is harmful to the interests of Chef Kitchen, affiliated companies or any third-party licensors. We may take steps to prohibit access and/or use without prior notice to any such user. Please review our privacy policy for information about our use of information collected through the Website.

Eligibility

By using this Website, you represent and warrant that you are of legal age to form a binding contract with Chef Kitchen and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Registration

To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If Chef Kitchen believes the details are not correct, current or complete, Chef Kitchen has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.

Security

Third-Party Content and Links

The Website may contain links to other websites and services, including social media (collectively, “Linked Services”). Chef Kitchen provides links to Linked Services for your convenience only. You access Linked Services at your own risk. Linked Services are not controlled by Chef Kitchen, and Chef Kitchen is not responsible for Linked Services or their content. Linked Services may have different terms and conditions and privacy practices that apply to their use. Unless expressly stated, Chef Kitchen does not endorse any of the Linked Services. Chef Kitchen does not investigate, verify or monitor the Linked Services. Please check the Uniform Resource Locator (URL) address provided in your browser to see if you have moved to another website or service.

NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY Chef Kitchen, ANY AFFILIATED COMPANY OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.

Information Privacy and Protection

Please make sure that you carefully read the Chef Kit Privacy Policy to learn about the information that Chef Kitchen collects and how we process it. Chef Kitchen reserves the right at all times to disclose any information as Chef Kitchen deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or as otherwise described in the Chef Kitchen Privacy Policy.

Chef Kitchen takes reasonable precautions intended to help protect information that we process. Unfortunately, however, no security measure is 100 percent secure. We cannot guarantee the security of information processed by us. You are responsible for using the precautions best suited for your intended use of the Website.

Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). Each user who uses your password will be deemed to be authorized by you to access and use the Website. Chef Kitchen shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Chef Kitchen considers insecure, Chef Kitchen will be entitled to require it to be changed and/or terminate your account.

Unauthorized access to password-protected areas of the Website is prohibited and may lead to criminal prosecution. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. We may suspend your use of all or part of any of the Website, without notice, if we suspect or detect any breach of security.

If you believe that information you provided to Chef Kitchen is no longer secure, or if you discover a security vulnerability in the Website, please contact info@chef-kitchen.com.

Copyright and Trademarks

All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Chef Kitchen or companies with which it is affiliated, or third parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, CHEF KITCHEN are registered or unregistered trademarks of Chef Kitchen, affiliated companies or third parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms are reserved.

Linking and Framing

Without the prior written permission of Chef Kitchen, you may not link to or frame, or otherwise make it appear that a third party website of is presenting or endorsing any of the Content of the Website, or otherwise incorporate any intellectual property of Chef Kitchen or any of its licensors into another website or other service.

Web Store Sales

All purchases from the web store at www.chef-kitchen.com are subject to these Terms. If you do not agree to any of these Terms, we will not be able to accept your order.

Products

Product availability, product descriptions and product prices are subject to change by Chef Kitchen at any time without prior notice. Some product descriptions and product images are provided to Chef Kitchen by its vendors. Chef Kitchen does not independently verify the accuracy of such product descriptions. Chef Kitchen makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time. Certain weights, measures and similar descriptions are approximate and are provided for convenience only. PRODUCTS ARE NOT FOR RESALE.

Allergies

If you have a life-threatening allergy, please refrain from ordering Chef Kitchen Programs. Our meals are produced in a facility that also handles eggs, seafood, dairy, soy, shellfish, nuts and tree nuts.

Menu Choices

Chef Kitchen makes every reasonable effort to deliver items you have requested for your order. Please note that product availability may change without notice. BistroMD reserves the right to substitute a similar item in your order, based upon your approved entrees.

Price and Payment

Product prices are subject to change from time to time by Chef Kitchen without prior notice. The price charged by Chef Kitchen for any product will be the price listed for such product in the Web Store catalog at the time an order is submitted to Chef Kitchen. Product prices include shipping and handling fees or sales taxes. Orders must include current, valid credit card information. By submitting an order to purchase products through the Web Store, you authorize Chef Kitchen to charge to the credit card identified in your order the price for all products purchased in the order.

Refund Policy

Because we offer a customized perishable program, we cannot accept returns or permit delivery cancellation for any reason after deadlines. If there are errors on your order, contact Customer Service to arrange a refund for incorrect meals shipped. If there is damaged product in your order, contact Customer Service to arrange a refund for damaged product.

General Terms

Your use of the Website and the Web Store are governed by the following general terms.

Binding Agreement

Chef Kitchen provides its services to you subject to these Terms. By using the Website and/or ordering any of our meal plans, you agree to be legally bound and abide by these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and providing your contact information, you also agree to receive our newsletters and special offers.

Warranties and Disclaimers

The Website is made available “AS IS.” Neither Chef Kitchen, any affiliated company nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.

Warranties for the Chef Kitchen products purchased through the Website are the responsibility of Chef Kitchen. All products purchased through the Website and provided by third-party manufacturers, distributors or suppliers are limited to those warranties provided by such third parties of such products. We have no responsibility for such warranties, if any.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW,  CHEF KITCHEN, AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL PRODUCT-RELATED AND WEBSITE USAGE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE. CHEF KITCHEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED IN THE WEB STORE. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.

Limitations on Liability

The liability of Chef Kitchen and its owners, officers, employees, agents, successors or assigns  to any purchaser or any other person for any claim arising in connection with a purchase through the web store shall be limited to actual damages in an amount not to exceed the purchase price paid to Chef Kitchen for the product or transaction from which the claim arises or to which it relates. In no event shall any of the bistromd parties be liable to any purchaser or to any person claiming by, though, under or on behalf of purchaser, for any indirect, special, punitive, incidental or consequential damages regardless of the legal theory on which such damages are claimed and whether or not any of the Chef Kitchen parties were advised of the possibility of such damages.

In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, Chef Kitchen, affiliated companies, shall be liable only to the extent of actual damages incurred by you, not to exceed 500 GEL in the aggregate.

UNDER NO CIRCUMSTANCES WILL CHEF KITCHEN, ANY AFFILIATED COMPANY BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Investigations

Chef Kitchen reserves the right to investigate suspected violations of these Terms. By using the Website and by accepting these Terms, you waive and hold harmless Chef Kitchen from any claims resulting from any action taken by Chef Kitchen during or as a result of its investigations or from any actions taken as a consequence of investigations by either Chef Kitchen or law enforcement authorities.

Modification

The Website and the products, services and programs described in or offered by the Website may be changed, eliminated or updated without prior notice. We may also make changes to these Terms and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.

Waiver and Severability

No waiver by Chef Kitchen of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Chef Kitchen to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Dispute Resolution, Including Arbitration and Class Action Waiver

You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at Georgia, City Tbilisi, Chitaia str, N 38, flat N 1 . We will notify you through the contact information you have provided to us. However, we may provide notice by electronic means if you have not provided us with a postal address.

IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms & Conditions (including any dispute as to their breach, termination, enforcement, interpretation or validity), our Privacy Policy (including any dispute as to its breach, termination, enforcement, interpretation or validity), our Website and Content will be resolved exclusively by binding arbitration, in a venue and manner to be agreed upon by you and us. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms & Conditions. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.

The arbitrator’s decision shall be final and binding and may be enforced by any court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Arbitration Act shall govern this agreement to arbitrate.

Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.

You and Chef Kitchen agree not to join or consolidate claims in arbitration or in a legal action by or against the other. You and Chef Kitchen also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.