Terms of Use
Last Updated Date: September 6th, 2023
1) Introduction
The following agreement describes the terms on which Morsel Chef, Inc. (“Morsel”) offers you access to and use of our sites and services. By using sites and services provided by Morsel as defined in “Description of Services” below, you confirm acceptance of and adherence to this Terms of Use agreement (“TOU”) in its entirety. The TOU, which constitutes a legally binding agreement between you and Morsel, is effective upon your acceptance of the agreement and for the entire duration of your use of Morsel services.
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Morsel sites and services, in which case any continuing access or use of Morsel sites and services is unauthorized.
The TOU grants you a limited, revocable, non-exclusive license to access the sites and use our services for personal use. You may not use the sites and services beyond the scope of access granted to users by the TOU.
2) Description of Services
Morsel provides services through morselchef.com and its related pages (together the “Site”). Through the Site, Morsel provides a platform whereby website visitors (“Users” or sometimes called clients or customers) may schedule a service completed by Chef Megan. The Users will pay Morsel for the service. Together, this opportunity to schedule a service allowing a User to dictate and schedule meal preparation is known as the “Services” provided by Morsel.
3) Use of Services
Users understand that the Services provided by Morsel are limited to those detailed in the “Description of Services” above.
Services
Users understand that Chef Megan is the chef for Morsel. Under no circumstances is Morsel liable in any manner for any loss or damage of any kind (personal, property, financial, or otherwise) incurred by others in the home or around the vicinity of the home.
Reservation Process
Users understand that the process to reserve Chef Megan is performed as follows. First, a User contacts Morsel via email, text, DM, phone call, or other method. Chef Megan will reach out to customer and begin dialogue in regards to a Morsel service. Once user chooses a service and time of service i.e. dinner for 4, Tuesday night, from 4-8pm. and at least 7 - 14 days in advance, payment is required up front for that service. If the User chooses, Chef Megan will provide ingredients for this service; however, this amount must be paid to Morsel immediately at completion of service.
Payment Process
Users understand that the process to pay is performed as follows. Morsel collects Users’ service fee payments before services (or after in case of grocery bills) through a third-party online payment processing system called Venmo and Zelle. This processing system uses your banking information to transfer funds to Morsel. Users agree that under no circumstances is Morsel liable in any manner for any loss or damage of any kind incurred as a result of Users’ use of the third-party online payment processing system.
Payment and Cancellation Policy
Users understand that Morsel requires full service from Users. If the User chooses, Chef Megan will provide ingredients for the service, of which the reimbursement cost will be charged and due to Morsel immediately at completion of service. If the service is cancelled by the User within 24 hours of the service, User will forfeit the entire payment. If groceries were purchased at this point, User will be charged full amount on a follow-up billing. Users understand that upon completion of services, Morsel will receive payment regardless of Users’ level of satisfaction with the service.
Running Late Policy
If Morsel cannot enter home upon time of service, Morsel will contact User one time for access. If no answer, Morsel will consider this a canceled service, User will be charged full amount of service plus cost of groceries. If User informs Morsel they are running late, this time will be deducted from service. Morsel will accommodate what they can in the time allotted in this scenario. If User and Morsel decide that service will not or can not be performed for whatever reason in this scenario, Morsel will charge User full amount of service plus cost of groceries. Outstanding debt must be paid immediately to Morsel.
4) Modification
Morsel reserves the right, at its sole discretion, to modify the Site or Services or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Site or Services after we have posted a modification of the TOU on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. If the modified TOU are not acceptable to you, your only recourse is to cease using the Site and Services.
5) Moderation
Morsel has the right, but not the obligation, to regulate content posted to, stored on or transmitted from morselchef.com by any User; and to enforce the TOU for any reason and in any manner or by any means that Morsel, in its sole discretion, deems necessary or appropriate (including but not limited to screening, blocking, filtering, requiring the use of an application programming interface (API), authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Morsel may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
Users agree that Morsel has the right, but not the obligation, to terminate a User’s access to the Site and Services by deleting a User’s account (if and when available by Morsel) or blocking an e-mail or IP address immediately and without notice, for any reason deemed by Morsel to be inconsistent with the TOU. Users agree that Users will not hold Morsel liable for any such termination by Morsel.
Users understand that any such measures, actions or inactions taken by Morsel and any of its members or officers that fall under the “Moderation” section are undertaken voluntarily and in good faith.
6) Eligibility
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
7) User Conduct
In connection with your use of the Site and Services, you may not and you agree that you will not:
· use the Site or Services for any commercial purposes, including, but not limited to, chef recruitment or other purposes that are not expressly permitted by these TOU;
· use the Site or Services to find Chef Megan for transactions, either now or in the future, that will not utilize the Site for payment processing and/or that are meant to circumvent the obligation to pay any fees related to Morsel’s provision of the Services;
· once an event is complete, contact Chef Megan regarding future Chef Services (you must use the Site to connect with the Chef and use the Site’s payment system if you are to engage with Chef Megan again. Contacting Chef Megan for subsequent Services without the use of the Site is an explicit violation of this agreement);
· contact Chef Megan for any purpose other than asking a question related to a service;
· “stalk”, harass or harm Chef Megan or collect or store any personally identifiable information
· copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these TOU;
· use our Site or Services to transmit, distribute, post or submit any information concerning any other person, including without limitation, photographs of others without their permission or personal contact information;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
· access non-public areas of the Site;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, either as an individual or in conjunction with a third party;
Morsel will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
8) Proprietary Rights
The Site, including all of its content created by Morsel, and Services are protected by copyright, trademark and other laws of the United States. Users acknowledge and agree that the Site and Services are the exclusive property of Morsel. Users agree to not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Site or Services. When used on the Site or for other commercial purposes, the phrase or logo “Morsel” is a trademark of Morsel Chef, Inc.
10) Disclaimers
YOUR ACCESS TO, USE OF AND RELIANCE ON MORSEL IS ENTIRELY AT YOUR OWN RISK. USERS AGREE THAT USERS WILL INDEPENDENTLY PERFORM ANY INVESTIGATION USERS BELIEVE ARE NECESSARY BEFORE ENGAGING IN ANY COMMUNICATION OR TRANSACTION. USERS ACKNOWLEDGE AND AGREE THAT MORSEL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CLIENT, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.
MORSEL (INCLUDING, BUT NOT LIMITED TO, THE SITE, SERVICES, AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, MORSEL ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES, AND SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Users also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply to Users.
11) Limitations of Liability
MORSEL AND EACH OF ITS MEMBERS AND OFFICERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE, SERVICES OR CONTENT ACCESSED THROUGH MORSEL BY YOU OR ANYONE ELSE, OR FOR ANY COMMUNICATIONS, INTERACTIONS, TRANSACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND OTHER PERSONS ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT ACCESSED THROUGH MORSEL, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF MORSEL OR ANY OF ITS MEMBERS OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH MORSEL; ANY INABILITY TO ACCESS OR USE THE SITE, SERVICES OR CONTENT ACCESSED THROUGH MORSEL; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH MORSEL.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE, SERVICES OR CONTENT ACCESSED THROUGH MORSEL (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND LINKS IN CONTENT ACCESSED THROUGH THE SITE).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12) Indemnity
You will indemnify and hold Morsel and its members and officers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this TOU agreement, your improper use of the Site and Services, and/or your violation of any law or the rights of a third party.
13) General
This TOU constitutes the entire and exclusive understanding and agreement between Morsel and you regarding the Site and Services, and this TOU supersedes and replaces any and all prior oral or written understandings or agreements between Morsel and you regarding the use of the Site and Services. This TOU will be interpreted in accordance with the laws of the State of Wisconsin and the United States of America.
Unless stated otherwise in this TOU, if any of the provisions in this TOU shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Morsel to enforce any right or provision of this TOU will not constitute a waiver of future enforcement of that right or provision.