Welcome to the Atyourtable.com.au site (the “Site”) and At your table Pty Ltd (“At your table”) personal chef listing services (the “Service”). Each person that wants to use or access the Service must accept these Terms of Service (“TOS”). BY BOOKING AND USING THE SERVICES, CUSTOMERS AGREE TO BE BOUND BY THESE TOS.
At your table Pty Ltd reserves the right to change any of the TOS or any policies or guidelines governing the Site or Service, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to these TOS will be posted on the Site for thirty (30) days. Customers are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to Customers. EACH Customers CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING At your table ‘s POSTING OF ANY CHANGES WILL CONSTITUTE THE Customers ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF A Customer DOES NOT AGREE TO ANY CHANGES TO THESE TOS, S/HE SHOULD NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. USE OF SERVICES
At your table provides a platform for Customers to view listings and profiles of third-party professional chefs (“Chefs”) and complete booking requests for Chefs for certain predetermined event services for professional chef services offered by the Chefs on their profile (“Chef Service”). At your table grants customers a limited, revocable, non-exclusive license to access the Site and use the Service for each Customer’s own personal use. Use of the Service beyond the scope of authorized access granted to Customers by At Your Table immediately terminates said permission or license. Furthermore, the At Your Table site and Chef profiles available through the Service may contain links to other websites, which are completely independent of At Your Table. At Your Table makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
2. BOOKING OF CHEF SERVICES; FEES; PAYMENT
Once a Customer chooses an event service offered by a Chef on his/her Chef profile, a request will be sent to the Chef to determine his/her availability for the event. At Your Table does not collect any payment information from the Customer at this time. The Chef will confirm his/her availably at which time the Customer will have the opportunity to review the event details and confirm the pricing for the event. The Customer shall pay a 25% deposit to secure the booking date and chef choice at the price agreed by providing credit card information and a billing address. At Your Table will send a final invoice to the Customer for the remaining amount of payment 4 days prior to the event. Typically, all Customer payments shall be held by At Your Table until the day of the event. For larger events, At Your Table may release a non-refundable security deposit to the Chef before the day of the event in order to cover the Chef’s expenses.
Customers agree that Customers must evaluate, and bear all risks associated with, the use of any Chef Service and that under no circumstances will At Your Table be liable in any way for any Chef Service or for any loss or damage of any kind incurred by a Customer as a result of the use of any Chef Service or any failure of the Chefs to perform the Chef Service.
If the Customer cancels his/her/its reservation request, At Your Table will issue a refund in accordance with its cancellation policy.
3. CANCELLATION POLICY
If you have to cancel your event up to one month before it is scheduled, you will be refunded the full amount of your deposit. Within one month of your event but more than 1 week before, you will forfeit your deposit. If you cancel your event within 1 week of the event, you will forfeit the entire cost of the event.
4. PRIVACY AND INFORMATION DISCLOSURE
6. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Chef profiles displayed on or through the Service are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of At Your Table. Customers further agree not to reproduce, duplicate or copy Chef profiles from the Service without the express written consent of At Your Table, and agree to abide by any and all copyright notices displayed on the Service. Customers may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, Customers agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. AT YOUR TABLE is a trademark of At Your Table, Inc.
7. DISCLAIMER OF WARRANTIES; RELEASE
CUSTOMERS AGREE THAT USE OF THE AT YOUR TABLE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CUSTOMERS AGREE THAT INTERACTIONS WITH CHEFS FOUND ON OR THROUGH THE SERVICE, INCLUDING DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN CUSTOMERS AND THE CHEFS, REGARDLESS OF WHETHER AT YOUR TABLE ACTS AS AN INTERMEDIARY FOR CUSTOMERS’ COMMUNICATION WITH THE CHEFS OR CUSTOMERS’ PAYMENT FOR CHEF SERVICE. THE AT YOUR TABLE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AT YOUR TABLE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE AT YOUR TABLE SITE, THE SERVICE AND THE CHEF SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AT YOUR TABLE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AT YOUR TABLE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE AT YOUR TABLE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AT YOUR TABLE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AT YOUR TABLE SITE OR THE SERVICE. Customers also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to Customers insofar as they relate to implied warranties.
Customers agree to indemnify and hold At Your Table, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of a Customer’s use of the Service, a Customer’s violation of the TOS, a Customer’s breach of any of the representations and warranties herein, or a Customer’s violation of any rights of another.
10. GENERAL INFORMATION
The TOS constitute the entire agreement between Customers and At Your Table and govern each Customer’s use of the Service, superseding any prior agreements between Customers and At Your Table. The TOS and the relationship between Customers and At Your Table shall be governed by the laws of Australia and its states without regard to its conflict of law provisions. Customers and At Your Table agree to submit to the personal and exclusive jurisdiction of the courts located within Australia and its states. The failure of At Your Table to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Customers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed by Customers within one (1) year after such claim or cause of action arose or be forever barred.