By selecting “book now” you agree to this contract and the terms set forward; you agree to purchase, pursuant to these Terms and Conditions, the foods and Carryoutnear.me’s services to prepare and cook the foods for the time period (collectively the "Product"). We will accept the offer by telephone, email or other digital communication confirmation indicating that you received the menu, itinerary details and service agreement and agree with and accept the menu suggestions for the duration of the project. By accepting the offer, these Terms and Conditions and the menu offered collectively constitute a legal agreement between Carryoutnear.me and you governing Carryoutnear.me agreed services.
1. Responsibilities. Once the demo items, themes and/or menu are accepted, Carryoutnear.me shall, in return for your payment, prepare and execute product demonstrations in the requested time period. Pairi, Inc will direct all necessary food items and ingredients to be shopped for. Methods of payment are credit card, cash, or check and full payment is required on the day of the event. The details of this contract are a replication of the details featured on the Carryoutnear.me app and will engage on the acceptance of the below terms. The total payment for which you are fully responsible for include: (1) Carryoutnear.me’s services, and (2) any other items, if applicable or requested (such as additional ingredients/food items). Carryoutnear.me’s services include preparing and cooking the meals from your provided menu, cleaning up, and if applicable, any other extra services which Carryoutnear.me provides as contracted by you.
2. Cancellation Policy.
A 48-hour cancellation notice is required for all scheduled cooking sessions and events. Should you need to cancel your service with less than 48-hour notice, we will assess a fee equal to the previously paid deposit. Should you need to cancel your service with more than 48-hour notice, we will work with you to reschedule your event and apply your previously paid deposit as a credit with your Chef. Should your Chef become ill or have an emergency that may conflict with your scheduled cooking date, we will contact you with as much notice as possible. If you would like, we will attempt to make an alternate Chef available to you for that date. You may decide to use the alternate chef (if available) or reschedule your cooking date with your regular Chef.
3. Ticket Sales Threshold.
Your Chef reserves the right to set the ticket sales threshold (number of sold tickets necessary to host an event) on a per event basis. The minimum ticket sales threshold is set 7 days prior to the event. In the case that the ticket sales threshold is not met, the event will be rescheduled. If your event is rescheduled, you will receive a promotional code to use for rebooking any event or service with your Carryoutnear.me Chef.
4. Non-Solicitation Covenant. For a period of 24 months after the effective termination of this Agreement, the client will not directly or indirectly solicit, induce or attempt to induce any employee of Carryoutnear.me to terminate his or her employment with Carryoutnear.me. Further, the client will pay compensation to Carryoutnear.me for the covenant of a finder’s fee in the amount equal to 6 times the current contracted rate. This compensation shall be payable in a lump sum.
5. LIMITATION OF LIABILITY. Carryoutnear.me SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), UNAUTHORIZED USE OF YOUR CREDIT CARD, OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF Carryoutnear.me. ANY LIABILITY OF Carryoutnear.me (INCLUDING ITS EMPLOYEES, AFFILIATES, OR AGENTS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO Carryoutnear.me IN YOUR MOST RECENT USE OF OUR SERVICES IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.
6. Confidentiality. Carryoutnear.me values you as a client and your right to privacy. Except as may be otherwise required by law, Carryoutnear.me (i) will exercise reasonable efforts to ensure that your information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with Carryoutnear.me’s personal chef services or otherwise for Carryoutnear.me’s general business purposes, and (ii) will not sell your name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of the Carryoutnear.me personal chef service or Carryoutnear.me’s general business purposes. Carryoutnear.me may, and reserves the right to, use and disclose internally within Carryoutnear.me and with its affiliated business partners, any aggregated information, including information you provide to Carryoutnear.me, regarding Carryoutnear.me’s clients and usage of the personal chef service, for any purpose.
7. Applicable Law. These Terms and Conditions, collectively constituting the sole and entire agreement between Carryoutnear.me and you regarding the personal chef services, are governed by laws of the United States without regard to conflict of laws and rules. The parties agree to jurisdiction and venue for any dispute hereunder in the United States. This document is a firm and binding agreement, outlining our services, payment details and cancellation policy. In the event that any amount due hereunder is not paid when due and Carryoutnear.me engages an attorney for collection purposes, or is connection with and bankruptcy or insolvency proceedings, whether or not litigation is commenced, then you shall pay the attorney’s fees, expenses and court costs in addition to the full amount due hereunder.
8. Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and Carryoutnear.me regarding your purchases. All statements otherwise made on our website, or otherwise, are intended only for your convenience and do not form and are not included in the Agreement or the terms for your purchase.