TERMS OF USE
FIND OUT ALL ABOUT IT…
Update February 26th,
2023
Description
A.S ABOVE AND BEYOND
WORLDWIDE LTD a limited company with various brands, (hereinafter for this
website and service referred to as “Private Chefs World”) and has developed an
advertising intermediation website that can be accessed from the website
www.privatechefsworld.com, designed to put diners who wish to contract private
chef services with chefs offering their services as independent providers of
such services.
These terms and
conditions are intended to regulate access and terms of use of the Website.
Please read these conditions carefully. You understand and acknowledge that
Private Chefs Worldwide acts as an intermediate between the Chefs and the
Clients and is not a party to any contract, agreement or contractual
relationship, of any kind.
By registering with an
email address, you acknowledge that you have read and accepted these general
conditions of use.
- Users
1.1.1. Diners
As a Diner, you can
request a Service through the Platform, entering the information related to the
Service you require (date, location, type of cuisine, etc.)
By submitting your
Request, you will receive from our team an email confirmation that we received
your request and we are processing it.
1.1.2. Chef
As a Chef, as long as
you meet the conditions established below, you can offer private chef services
to Diners in the region that you have requested.
You can only respond
to a Request if you meet each and every one of the conditions indicated below:
- (i) you are of legal age.
- (ii) you have extensive professional
experience in the gastronomic field as a cook, minimum of 5 years.
- (iii) you have the legal regulations on
food handling, hygiene and sanitary conditions, and therefore you are in
possession of the appropriate licenses.
- (iv) you comply with the legal
requirements demanded by the current local labor legislation, either as a
mercantile company or as a self-employed worker.
- (v) you have civil liability insurance
against any damage that may occur in the provision of private chef
services, concerning to eventual food poisoning, as well as damage to
movable and immovable property used during the provision of services, as
well as to damage to real property that is in the domicile of the Diner
and that could suffer damage during the time you are managing the Service.
- (vi) you comply with the applicable
legislation in your territory regarding the transport of raw materials,
cooked or not, guaranteeing the hygiene and food safety conditions
required by the corresponding authority within the geographical location
where the Service is provided.
- (vii) you use utensils in good
conditions and take the necessary measures to guarantee their correct
hygiene.
- (viii) you guarantee the good condition
of the raw materials used during the provision of services.
You acknowledge that
you are solely responsible for the content of the Offer that you accept and
sign from Private Chefs World that is acting as an intermediate between the
chef and the client. Therefore, you acknowledge and guarantee the veracity
and precision of all the information included in your Menus, and you agree to
perform the Service under the conditions described in your Offer.
- Booking a Service.
2.1.1. Service
reservation procedure
To book a service
through Private Chefs World, it is necessary that (1) the Diner submits a
Request on the website, which will be forwarded to Private Chefs World office
team. Private Chefs World will find the available Chef at the location set by
the Diner, and contact them for the Clients proposal.
Once both users have
agreed to the conditions of the Service, the Diner can book it through a
payment link or bank wire transfer that will be provided by Private Chefs World
paying the full amount set by the Offer.
Once the Reservation
has been made, both users (Diner and Chef) will receive an email notification
confirming the Reservation and detailing the contact details of the other
party, in order to communicate more comfortably by telephone contact or email.
- Evaluation system
3.1.1. Function
Take a Chef encourages
you as a Diner to send us your opinions about a Chef after enjoying a Service
contracted through the Platform.
4.3.3. Limit
Private Chefs World
reserves the right to suspend or reject any further contracts between the Chef
and the Client if you have received at least three reviews and the
average opinions you have received have a score of 3 or less
- Financial conditions
Registering with
Private Chefs World do not imply any cost. However, the Reservation will be
confirmed after the corresponding payment of a Price, under the conditions
described below.
- Price
5.1.1. Specific
conditions for the Chef
You are exclusively
responsible to accept or refuse the Price (including Taxes, if applicable) in
the Offer. When setting the we will always give you the net price after
deducting the percentage corresponding to Management Expenses. Once a Diner
reserves the Offer, you will not be able to demand that the Diner pay a Price
higher than the one set in your Offer.
The images used in
your Chef Profile must accurately reflect the quality and condition of your
Services. Private Chefs World reserves the right to require that your Chef
Profile have a minimum number of Images of a certain format, size and
resolution.
When you accept the
Offer in response to a Request and the Diner confirms the Reservation, you will
be signing a legally binding contract with the latter, which forces you to
provide the Service in accordance with the conditions described in your Offer.
You also agree to pay the corresponding Management Expenses and Applicable
Taxes.
Private Chefs World
recommends that Chefs take out adequate insurance for the Service provided to
the Diner. Please review the corresponding insurance policy carefully, and make
sure in particular to know and understand any exceptions and reductions that
may apply to said insurance policy, including, without limitation, whether or
not it covers the actions or inactions of the Diners. during the Service.
The chef will be
responsible for generating an invoice to Private Chefs World for the total
amount paid. Private Chefs, for its part, will send the chef an invoice for the
management costs.
You acknowledge and
agree that Private Chefs World may request invoices from you to process
specific payments.
5.1.2. Specific
conditions for the diner
As a Diner, you can
book a Service through the website following the corresponding reservation
process. Upon receipt of a Booking confirmation by email from Private Chefs
World, a legally binding contract is formed between Commensal and Chef, subject
to any terms and conditions agreed. Private Chefs World will charge the Price
agreed by the Client and then after the completion of the service will pay the
Chef deducting the agreed commission for Management services.
If you book a Service
on behalf of several people and one of them is a minor, you declare and
guarantee to be legally authorized to act on behalf of the minor. Minors can
only participate in a Service if they are accompanied by an adult who is
responsible for them.
5.2. Management fees
Private Chefs World
will charge Management Fees for the use of the website and acting as an
intermediate between the Client and Chef, always calculated as a percentage
based on the price set by the Offer. The Management Expenses will be charged at
the moment of confirming the Reservation.
The methods for
calculating the Management Expenses and the applicable VAT will vary according
to the geographical location of the Service and the applicable legislation.
5.3. Price rounding
You acknowledge and
agree that Private Chefs World may, at its sole discretion, round up or down
the Management Fee.
5.4. Payment and
repayment methods of shared costs to the coordinator
5.4.1. Authorization
to recover
Being contracted as a
Chef, you grant Private Chefs World an authorization to collect the amount
corresponding to the Management Fees on your behalf and in your name.
Consequently, after
the Diners’ Reservation, Private Chefs World collects the total amount paid by
the Diner. The amount corresponding to the Chef’s Fee received by Private Chefs
World is deposited in an account dedicated to the payment of Chefs’ services.
You acknowledge and
agree that none of the above mentioned amounts received by Private Chefs World
on behalf of the Chef entitle you to the collection of interests. You undertake
to respond with due diligence to any request from Private Chefs World, and in
general, to any competent administrative or judicial authority, especially in relation
to the prevention of money laundering. You fundamentally agree to provide, upon
request, any evidence of your address and/or identity that may be useful.
In case of lack of
response to such requests, Private Chefs World may take the measures it considers
necessary, such as freezing the amounts to be paid.
5.4.2. Payment of the
Chef’s Fee
After the Service,
Chefs will have a period of 24 hours from the time the Service has ended to
submit a claim to Private Chefs World about it. In the absence of a complaint
from the Chefs during this period, Private Chefs World must consider the
Service confirmed.
From the moment of
this express or tacit confirmation, you will be transferred the amount agreed
of the service booking.
The payment order in
your name will be sent up to 7 business days after the execution of the Service
(as long as Private Chefs World has your bank information).
Once the applicable
time limits have expired, any amount that has not been claimed will be
considered as belonging to Take a Chef.
- Cancellation Policy
6.1. Payment refund
conditions in case of cancellation
The cancellation of a
Service will be subject to the following:
- In the event that the cancellation is
made by the Chef, the Diner will be refunded in full and Chefs cancelation
policies apply.
- In case of cancellation by the guest:
- If the guest cancels the service more
than 45 days in advance, the guest will be entitled to a full refund of
the reservation.
- If the guest cancels the service more
than 30 days in advance and less than 45 days before the time set for the
service, the guest will only be entitled to a 50% refund of the amount
paid (the remaining will be paid to the chef), OR will have the option of
reschedule the reservation with the same chef within the following 90
days
- If the guest cancels the service less
than 29 days before the scheduled date, there will be no refund to the
guest. The chef will receive the Service Fee established in the proposal,
and Private Chefs World will keep the Management Expenses.
Private Chefs World
reserves the right to assess, according to the information available, the
legitimacy of the refund requests.
In the event that a
refund applies, Private Chefs World will retain 3% of the total service cost
that covers the non-refundable transactional fees.
6.2. Refund deadlines
In case that the
Client wishes to make a claim regarding a contracted Service, they must contact
Private Chefs World within the next 24 hours starting from the date and time
scheduled for the execution of the Service.
Once said period has
elapsed, if the object of the Client’s claim was the refund of the amount paid
when contracting the Service for any reason or defect related to its execution,
even when said reason or defect was not the responsibility of the Client, and
as long as the Service had already been paid to the Chef, the claim will be
denied.
6.3. Right of
Withdrawal
In accordance with the
provisions of Article 103 a) of the General Law for the Defense of Consumers
and Users, you will not have the right of withdrawal from the moment of
delivery of the Confirmation of reservation.
- Behaviour of website visitors and Users
7.1. Commitment of all
visitors to the Platform
You acknowledge that
you are solely responsible for complying with all laws, regulations and
obligations applicable to the use of the website or any Private Chefs World
service.
- (i) not to send to Private Chefs World
(especially at the time of the creation of a booking) false, confused,
malicious or fraudulent information;
- (ii) not to speak or behave or publish
any content on the website that may be defamatory, offensive, obscene,
pornographic, vulgar, offensive, aggressive, inappropriate, violent,
threatening, harassing, racist or xenophobic in nature, or that has sexual
connotations, incites violence, discrimination or hatred, or that
encourages activities or the use of illegal substances or in a more
general way that is contrary to the objectives of the Platform and that
may infringe the rights of Private Chefs World or a third party, or that
may be contrary to good customs;
- (iii) not to infringe the rights and not
to harm the image of Private Chefs World, in particular with regard to its
intellectual property rights;
- (iv) not to accept or make payment
outside the website;
7.2. Commitments of
the Chefs
When you are
contracted as a Chef by Private Chefs World, you commit to:
- (i) to respect all laws, regulations and
codes regarding the activity of private chef, especially to have liability
insurance in force at the time of the Service;
- (ii) verify that your insurance policy
covers the services offered in each Offer sent to the Customer;
- (iii) not assume any risk during the
performance of the Service, nor take any product or substance that may
adversely affect your care and due diligence required by the activity of
the Service itself;
- (iv) to execute the Service as described
in the Offer and to respect the times and places agreed with the Guest;
- (v) use utensils in good condition,
complying with all legal regulations in this area, especially those
relating to hygiene;
- (vi) to use raw materials in perfect
condition, which comply with the sanitary requirements demanded by the
current legislation applicable to the matter;
- (vii) comply with the legal regulations
on food transport, especially those referring to the respect of the cold
chain;
- (viii) not to send any Offer to those
Requests that you are not going to execute personally;
- (ix) ensure that Diners can contact you
at the telephone number registered to us
- (x) not have any contraindication or
medical incapacity to perform the activity of the Service;
- (xi) behave appropriately and responsibly
during the Service.
7.3. Commitments of
Diners
When you use the
website as a diner, you commit to:
- (i) communicate to Private Chefs World
any changes or modifications regarding the conditions of service agreed.
- (ii) ensure that Chef can contact you at
the telephone number registered to Private Chefs World.
- (iii) to communicate to Private Chefs
World, or to any Chef who requests it, your identity card or any other
document that proves your identity;
- (iv) inform the Chef of any relevant
information that he/she should know about the real and personal property
that he/she will have to use/occupy during the Service, especially in case
of countertops, walls, glass, glass-ceramics or any other equipment that
could be damaged during the execution of the Service;
- (v) provide the Chef with the dishes,
glassware, cutlery and other utensils and equipment that are necessary to
carry out the Service;
- (vi) wait for the Chef at least 30
minutes after the appointed time.
In the event that you
have made a Reservation on behalf of a third party, in accordance with the
provisions of the previous Article 4.2.3, you guarantee that said third party
will respect the conditions established in said Article and, in general.
Private Chefs World reserves the to terminate the service and not refund the
Client in the event of non-compliance by the third party on whose behalf you
have reserved the Service.
- Personal Data
In the context of your
use of the website and services, Private Chefs World will collect and process
your personal information. By using the website and services, you acknowledge
and accept the processing of your personal data by Private Chefs World in
accordance with applicable legislation and the provisions of the Privacy
Policy.
9.Intellectual
property
- Content published by Private Chefs World
Subject to the content
provided by Private Chefs World, is the only owner of all intellectual property
rights related to the Service, the website, its content (specifically the
texts, images, designs, logos, videos, sound, data and graphics) and with the
software and databases that ensure its operation.
Private Chefs World
guarantees you a personal, non-exclusive and non-transferable right to use the
Platform, for your personal and private use, and in accordance with the purpose
of the website
It is totally
forbidden to use or exploit the website, including its content, for any purpose
other than that foreseen without the prior written consent of Private Chefs
World Specifically, the following is totally prohibited:
- (i) reproduce, modify, adapt,
distribute, publicly represent and disseminate the website and all its
content, except with the prior express authorization of Private Chefs
World;
- (ii) decompile and reverse engineer the
website, with the exceptions stipulated by the applicable texts;
- (iii) extract or attempt to extract
(specifically using data extraction robots or similar data collection
tools) a substantial part of the websites data.
10.Operation,
availability and functionalities of the website
Private Chefs World
will try as much as possible to keep the website running smoothly 7 days a week
and 24 hours a day. However, it is possible that access to the website may be
temporarily suspended, without prior notice, for technical reasons,
maintenance, migration or update operations, or due to supply cuts or
restrictions related to network operation.
Furthermore, Private
Chefs World reserves the right to modify or suspend access to the website or
its functionalities, in whole or in part, at its discretion, either temporarily
or permanently.
- Applicable law – Litigation
These terms and
conditions have been drafted in English, in accordance with Spanish
legislation.
If necessary, you can
also submit your claims regarding our website on the European Commission’s
online dispute resolution platform, which you can access from the following
link. The European Commission will send your claim to the competent national
authority. In compliance with the legislation applicable to arbitration, you
have the obligation, before requesting arbitration, to inform Private Chefs
World in writing of any claim or dispute in order to obtain a friendly
settlement.
12.Legal warning
The Platform is edited
by A.S ABOVE AND BEYOND LTD, a limited company, an entity of Cypriot
nationality with registered office 118 Eleftherias, Derinia, Larnaca, Cyprus),
and provided with TAX/ITC CY10438208Q , Company ID 611241, and registered in
the Cypriot Mercantile Registry, represented by its Administrator, Alexandros
Samoilis, director of the edition of the Website.
For any questions, you can contact Private Chefs World using the contact form available on the website.
