Kravin Kitchen

Kravin Kitchen Terms of Conditions

 

I. Terms of Conditions for Kravin Kitchen

THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” or with “your”) AND KRAVIN KITCHEN Inc. a Delaware Corporation (referenced herein as Kravin Kitchen”), THAT APPLIES EACH TIME YOU ACCESS OR USE ONE OF KRAVIN KITCHEN‘S MOBILE APPLICATIONS or Website (Consisting of a Customer Application, Kitchen Application, and Chef Application. All applications and the Website will be referred to jointly as, “Application”). PLEASE READ THESE TERMS OF CONDITIONS (“TOC”) CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE CONTENT (“Services”) PROVIDED THROUGHOUT THESE APPLICATIONS.        

KRAVIN KITCHEN IS WILLING TO ALLOW YOU TO USE THIS APPLICATION ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO THESE TOC. IF YOU ARE UNABLE OR UNWILLING TO AGREE TO THIS TOC FOR ANY REASON, YOU AGREE TO IMMEDIATELY CEASE UTILIZING THE APPLICATION/S. BY CONTINUING TO USE THE APPLICATION/S, YOUR ACCEPTANCE OF THESE TOC IS IMPLIED.

 

Introduction: Kravin Kitchen Inc.

Kravin Kitchen Inc. provides a marketplace for local chefs, customers who are food lovers, and those who own commercial kitchen space. Kravin Kitchen owns and provides three separate mobile applications that will allow for reaching the intended end users- Chefs, Kitchen Owners, and Customers.  

 

Services Provided

Kravin Kitchen’s three mobile applications and the partners, vendors, and customers using these applications will be governed by these TOC as specified. Specifically, the three applications will consist of the following:

Chef Application: Chefs (“Chef Partners”) from all regions, even those who may live next door to you, may advertise their services as a Chef, which includes their capabilities, menu possibilities, skills, and menu price for their services.

Kitchen Application: Chef Partners who are approved as partners on our Chef Application will be given the ability to book/reserve commercial kitchen space from kitchen vendors, those who own commercial kitchens or master lessors of commercial kitchens, looking to share space.

Customer Application: This is the application that will allow customers to search for and hire a chef to create the food they desire for every occasion. The service is not complete without the delivery of local food creations by Chef partners via Postmates.

 

License to use Application

By accepting these TOC, you are agreeing to receive a license to utilize the Application. This Application license is personal, revocable, limited, non-exclusive, royalty-free, and non-transferable. Kravin Kitchen reserves the right to remove your license with or without cause and by continuing to use Kravin Kitchen, you accept this right and agree to Kravin Kitchen’s interest in enforcing this right. By receiving this License User represents and warrants it is permitted to use content delivered to the User via the Services. The User may not copy, reproduce, distribute or create derivative works from this content. The User agrees not to reverse engineer any of the source code or technology associated with the Services.

 

Grant of Permission

When you create an account on our application, whether you are a chef, kitchen owner, or customer, you expressly grant us permission to utilize your profile information to promote your services, to advertise your available commercial kitchen space, or to provide your food preferences to the Chef’s who may cook for you. Additionally, by providing us a method of payment, you grant expressed permission to have us charge your specified method of payment for the services you purchase if you are a Customer or a Chef.

 

Rights to Your Information

Since Kravin Kitchen is relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. Moreover, Kravin Kitchen believes you have the right (i) to request access and obtain a copy of your personal information, (ii) to request the amending or removal? and (iii) to restrict the processing of your personal information. To make such a request, please use the contact details provided at the bottom of these TOC.

 

Customer Payment

When you (the customer) purchase the services of a Chef Partner on the Application, you will pay the fee that the Chef has set for their services plus applicable taxes. This fee will be based upon the specific menu price that the Chef determines in their listing profile. An order is subject to cancellation if a Chef Partner is unable to fulfill the request and order. Payments are processed through PayPal and BrainTree.

 

Chef  Partner Payment

A Chef  Partner (You if you are a Chef Partner) will set their menu price for the food creation services they provide. For the first 50 transactions on the Application, Kravin Kitchen will receive a 20% transaction fee based upon the gross sales amount from the Chef. This fee will be automatically removed from the Chef Partner’s account prior to being cleared and provided to the Chef each week. After the first 50 transactions, the transaction fee percentage owed to Kravin Kitchen will be 17.5% for each transaction for the next 150 transactions. After 200 transactions have been completed by a Chef Partner, the transaction fee percentage Kravin Kitchen receives will be 13.5%. Payments are processed through PayPal and BrainTree payment gateway services.

 

Kitchen Vendor Payment

A Kitchen Vendor (You if you are a Kitchen Vendor) will set the price for the kitchen rental space and services they provide with their kitchen. Kravin Kitchen will receive a transaction fee of 20% of the gross sales amount from the Kitchen Vendor that will be automatically removed from the Kitchen vendors’ (Your account if you are a kitchen vendor) account prior to being cleared and provided to the Kitchen each week. Payments are processed through PayPal and BrainTree.

 

Independent Contractor Status

All Chefs and Kitchen vendors are third parties and are 1099 independent contractors. Any individual (You if you are a Chef Partner, Kitchen Vendor, or Customer) who signs up on the Application/any customer who utilizes the application does so with the understanding that Chef Partners and Kitchen Vendors are not employees of Kravin Kitchen, do not have set hours required by Kravin Kitchen, are not under the dominion and control of Kravin Kitchen, are responsible for their own insurance, and are fully independent of Kravin Kitchen. The Application is merely a platform to help Chef and Kitchen vendors provide their services to Customers. Moreover, you agree that since  Chef Partners and Kitchen Vendors are fully independent of Kravin Kitchen and are merely contractors, you will hold Kravin Kitchen harmless from any actions by Chef Partners and Kitchen Vendors. Additionally, if you are a Chef Partner or Kitchen Vendor, you agree to hold Kravin Kitchen harmless for the actions of any customer that may result in any damages or loss.

 

Delivery

If a customer chooses to have their food delivered, Postmates will be providing the delivery. Your information will be shared with Postmates in order to facilitate the delivery, including your name, phone number, physical address, and payment information. You agree that Postmates is independent of Kravin Kitchen and as a result, any actions taken by Postmates or a driver who contracts with Postmates is independent of Kravin Kitchen and you will hold Kravin Kitchen harmless from these actions.

 

Home-based Services

Kravin Kitchen would not be complete without the option for customers to have Chef Partners provide meals in their home or location of choice and to cater events at their home or location of choice. Customers and Chef Partners both agree to indemnify Kravin Kitchen and to hold Kravin Kitchen harmless for any actions that may occur in a Customer’s home or chosen location. Furthermore, you agree that Kravin Kitchen has no control over the safety of a specific premises, cannot guarantee safety, and will not be held liable for any damages that may occur to personal property by both a Chef Partner and/or Customer. Therefore, you agree to hold Kravin Kitchen harmless from any damages, both legal and in equity.  

 

Intellectual Property

Unless otherwise stated, Kravin Kitchen owns the intellectual property rights of images, website copy, brand name, logo, and algorithms found in all of our Applications. Subject to the TOC, all these intellectual property rights are fully reserved. This means you are not permitted to utilize Kravin Kitchen’s intellectual property under any circumstance unless expressed, written permission to do so is provided. While you may share your profile on social media websites and may utilize our name in a way that is considered fair use, you may not copy our logo for personal use or any other written word or visual image provided on the Application. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, or software discovered on or accessible through this Application that is not expressly authorized for your use. 

 

Third Parties

By agreeing to this TOC, you acknowledge that it is within Kravin Kitchen’s discretion to direct your phone, e-mail, or web browser to third party partners, affiliates, or third party websites. In fact, Kravin Kitchen is a marketplace for third parties to advertise their services and/or to acquire the services of third parties. Each User also acknowledges and agrees that Kravin Kitchen may use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information, that is derived through your use of our Application, to third parties.

Your use of the Services supplied by Kravin Kitchen is subject to interruption of services supplied by Chefs, Kitchen Owners, and even our deliveries powered by Postmates. You acknowledge that this may occur and agree to hold Kravin Kitchen harmless if this occurs to your detriment.

 

Application Communication

As a customer, you agree to only engage with Chefs on the application. As a Chef Partner, you agree to only engage with your customer on the application. If a Chef, Kitchen Vendor, or Customer chooses to communicate off of the platform or to transact business off of the platform, Kravin Kitchen may seek damages and immediately reserves the right to terminate a Customer, Chef, or Kitchen Vendor account without notice. Additionally, if any communication occurs on the platform that is disrespectful, disparaging, or violates our community standards, Kravin Kitchen reserves the right to terminate your access and account without cause.

 

Keeping Your Information Safe

Although we will do our best to protect your personal information shared through our platform, transmission of personal information to and from our Application is at your own risk. While we will maintain reasonable diligence to protect your information, you agree that the unexpected happens and if it does, you will not hold us liable for any damages that may occur to you or your interests.

 

Warranties

We provide this Application “as is” and, as stated previously, make no promises to the continued functionality of the Application. The Application has the potential to go down at any time. If your access is interrupted, if your data is lost, or if the Application does not meet your expectations, you agree and understand that Kravin Kitchen does not provide any warranties, is not obligated to provide refunds, and does not make any certifications about the availability or quality of this Application.

 

Full Limitation of Liability and Indemnity

BY ACCEPTING THESE TOC AND CONTINUING TO USE THIS APPLICATION, YOU AGREE THAT KRAVIN KITCHEN IS NOT RESPONSIBLE FOR ANY DAMAGE YOU MAY INCUR AS A RESULT OF USING THIS APPLICATION OR RELYING ON THE CHEF PARTNER, KITCHEN VENDOR, OR CONTACT WITH CUSTOMERS SERVICES PROVIDED BY KRAVIN KITCHEN THROUGH THIS APPLICATION. FURTHERMORE, YOU AGREE TO HOLD KRAVIN KITCHEN HARMLESS, INCLUDING BUT NOT LIMITED TO, LOST WAGES AND LOST INCOME, FOOD BORNE ILLNESS, AND DAMAGES TO PROPERTY. YOU UTILIZE THIS APPLICATION AT YOUR OWN RISK AS WELL AS ENGAGE WITH THE THIRD PARTIES THAT ARE INTRODUCED ON THIS APPLICATION AT YOUR OWN RISK. FURTHER, YOU ASUME ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH THE USE OF THIS APPLICATION.

You expressly absolve and release us from any claim of harm resulting from a cause beyond our reasonable control, including, but not limited to: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; computer viruses; unauthorized access; theft; operator errors; severe weather; earthquakes; or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

Additionally, by using this Application, you agree to defend Kravin Kitchen and any or all of our contractors, sponsors, members, affiliates, suppliers, partners, agents and representatives against any demands, claims or actions arising out of or as a result of your breach or violation of this TOC or as a result of your use of the Application, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”). You also agree to indemnify and hold Kravin Kitchen harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. Kravin Kitchen shall have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

 

Exceptions/Severability

If a United States Court determines that any portion of this agreement is invalid, you agree that the valid portion of the agreement will continue and remain valid and enforceable.

 

Breaches of this TOC

If you breach this agreement, you understand that legal action, equitable or for damages, may be taken against you. This action may include suspending your access to this Application, preventing and prohibiting you from accessing this Application, blocking computers utilizing your IP address from accessing this Application, contacting your internet service provider to request that they block your access to this Application, and/or bringing legal proceedings against you to recover damages.

 

Assignment

Kravin Kitchen may transfer, sub-contract or delegate any or all rights, and/or obligations under this TOC without notifying you or without obtaining your consent.

 

Entire agreement

These TOC constitute the entire agreement between you and Kravin Kitchen in relation to your use of this Application, your purchase or selling of any products through this Application, and supersede all previous agreements, except for the Kravin Kitchen Privacy Policy, in respect to your use of this Application.

 

Law and jurisdiction

These TOC will be governed by and construed in accordance with the laws of North Carolina.

 

Contact Information

If you have any questions about these TOC, feel free to e-mail us at: support@kravinkitchen.com