Terms of Service
Last Updated: December 7, 2017
Welcome to Yummymaker.com (hereinafter, the “Site”), an online marketplace for dining which offers an online Food, dining experiences and products from a global collection. The site is an online platform through which chefs (defined below) may create postings for meals and customers (defined below) may discover and book meals.
The following terms and conditions (the “Terms”) form a binding agreement between You and us. Please review the following Terms carefully. By using the Site, you are agreeing to these Terms, and these Terms will govern Your use of the Site and the Services. If You do not agree to these Terms, you must cease use of the Site. The terms “Site”, “us”, “we” or “our” refers to Yummymaker. The term “You” or “Your” refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses the Site.
“Content” means text, graphics, images, audio, video, information or any other materials.
“Member” means a person who completes Yummymaker’s account registration process, including, but not limited to Chefs and customers, as described under “Account Registration” below.
“Chef” means a Member who prepares and/or serves a Meal to customers.
“Customer” means a Member who requests booking of a Meal via the Site, or a Member who consumes a meal in a location identified by the Chef.
“Meal” means any food listing offered by a Chef or available for purchase via the Site.
The Site can be used to discover and consume Meals prepared or organized by Chefs. Such Meals are posted on the Site by Chefs. You may view Meals as an unregistered guest to the Site; however, in order to book a Meal or create a Meal, you must register to create a Yummymaker Account (defined below).
Account Registration & Passwords
In order to access certain functions of the Site and to book a Meal or create a Meal, you must register as a unique User to create an account (“Yummymaker Account”) by providing certain current, complete, and accurate information about yourself directly via the Site or as described in this section.
As part of the registration process, you will select a password and provide a valid email address as a User ID. You also have to give us certain registration information, all of which must be accurate and updated. Failure to provide any requested information marked as “mandatory” may delay or prevent the creation of an Account. You represent that:
- The information you submit is truthful and accurate and that you have not misrepresented your identity;
- You will update your contact information if it changes;
- Your use of the Site and your use of services offered on the Site do not violate any applicable law or regulation;
- You are 18 years of age or older.
Failure to adhere to the foregoing shall constitute a breach of this Terms, which may lead to immediate termination of your Account. Accounts registered by “bots” or other automated methods are not permitted and will be deleted.
You can also register to join by logging into your account with certain third party social networking sites (such as Facebook) via our Site. As part of the features of the Site, you may link your Yummymaker Account with Third-Party Accounts, by either providing your Third-Party Account login information to Yummymaker through the Site; or allowing Yummymaker to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Yummymaker and/or grant the Site access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account.
You are responsible for maintaining the security of your password. Yummymaker is not accountable for any loss that you may suffer through the use of your password by others.
Modifications of This Agreement
Yummymaker reserves the right to change this Terms at any time without prior notice. Please check this page periodically for changes. Your continued utilization of our site following the posting of changes to these terms will mean you acknowledge those changes to the Terms.
Information collected prior to the time any change is posted will be used in accordance with the rules and laws that applied at the time the information was collected.
Yummymaker does not sell, license or endorse any Member or any Member Content on the Site and does not act as an agent of sale or an agent of any merchant or provider of food, products or services. You are responsible for determining the identity and suitability of others who you contact via the Site. Yummymaker does not have and will not assume any responsibility for, or liability related to, any food, products and services offered, sold or provided by the Members participating or listed on the Site. Keeping that in mind, we encourage you to communicate directly with other Members on the Site regarding any Meals.
You understand and agree that Yummymaker is not a party to any agreements entered into between chefs and customers in any situation nor does it function as a place of business for vending food of any sort. The chef has the sole and ultimate obligation for compliance with all laws and regulations regarding the meals. Yummymaker does not have any control over the quality of the meals, persons present at the meals, chefs conduct, customers and other users of the site, and disclaims all liability in this regard to the maximum extent authorized by law.
You may post Meals on the Site as a Member, and you will be asked a number of questions regarding the Meal to be listed. All Meals must have valid physical addresses in order to be featured on the Site. Meals will be made available to the public on the Site and other Members will be able to book your Meal through the Site with the information you provided in your Meal.
Once a customer books a Meal, the price for such booking may not be changed. Please note that Yummymaker assumes no responsibility for Meals listed on the Site, Chefs are solely responsible for all Meals listed on the Site.
You understand and agree that Yummymaker serves as the limited authorized payment collection agent of the Chef for the purpose of accepting, on behalf of the Chef, payments from customers of such amounts stipulated by the Chef.
Please note that Yummymaker reserves the right, at any time and without prior notice, to remove or disable access to any Meal for any reason in violation of these Terms or otherwise harmful to the Site.
Bookings and Financial Terms
As a Chef, you will be required to either confirm or reject a meal booking within Please Fill hours of when the booking is made or the booking request will be automatically cancelled. When a booking is requested through the Site, we will share with you:
- the first and last name of the customer who has requested the booking,
- a link to the Customer’s Yummymaker Account profile page, so that you can view the customer information before confirming or rejecting the booking.
If you are unable to confirm or decide to reject a Meal booking within Please Fill hour period, any amount collected by Yummymaker for the requested booking will be refunded to the customer’s credit card and any pre-authorization of such credit card will be released.
When you confirm a booking requested by a Customer, Yummymaker will send you an email or SMS confirmations of such booking, depending on the selections you make via the Site.
- b) Customers
You acknowledge that you, and not Yummymaker, will be responsible for performing the obligations of any such agreements, and Yummymaker is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay Yummymkaer for the Total Fees for any requested booking in connection with your Yummymaker Account if such requested bookings are confirmed by the applicable Chef. In order to establish a booking pending the applicable Chef’s confirmation of your requested booking, you agree that Yummymaker reserves the right to obtain a pre-authorization through your credit card for the Total Fees. Please be aware that Yummymaker cannot control any fees that may be charged to a Customer by his or her bank related to Yummymaker’s collection of the Total Fees, and Yummymaker disclaims all liability in this regard.
For providing the Services, Yummymaker collects two charges, a fee charged (Customer Fee) from customers for making a Meal booking and a fee that is charged to the Chef depending on a percentage of the amount of the Meal Fees. Taxes may also be charged in addition to the Meal fees where applicable.
Please note that fees charged are non-refundable except as otherwise provided herein, and for any payments made on the Site in currencies other than U. S. dollars, Yummymaker may deduct foreign currency processing costs from such payments.
Order cancellations and Refunds
Should you cancel your requested booking before confirmation by a Chef, Yummymaker will make refund of any Meal Fees collected for such requested booking within a commercially reasonable period. If you wish to cancel a booking made through the Site which has been confirmed by the Chef, the cancellation policy of the Chef incorporated into the applicable Meal will apply to such cancellation.
If a Chef cancels a confirmed booking made through the Site, Yummymaker will refund the Total fees charged for such booking to the applicable customer within a commercially reasonable period of the cancellation.
If there are any questions regarding this Terms, you may contact us at firstname.lastname@example.org