1.0 Acceptance of the Terms
By using HeartlandChefs.com as a customer (“User” or “you” ) you signify that you have read, understand and agree to be bound by these Terms and Conditions. Heartland Chefs reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Heartland Chefs may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
2.0 Registration and Eligibility
3.0 Order and Payment Arrangements
As a registered User, each Customer is welcome to make an Order Request with any Chef offering his services on Heartland Chefs ("Order Request"). You, a customer, may pay for your Order Request by using the Smoovpay service.
4.0 Fees and Payments
As a Customer, in order to make an Order Request on Heartland Chefs, you will be requested to provide the Company with additional personal information, such as home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name, address and contact details, in order to place your Order with the respective Chef and to provide you with the Service.
5.0 Cancellation of Orders
All Reservations are subject to Heartland Chefs's cancellation policy, as stated below:If a Order Request is cancelled by a Customer at least 48 hours prior to the applicable Food Delivery Date, the Chef shall not be paid any of the Order Amount and the Customer shall be reimbursed the full Order Amount paid previously (only for online payment transactions)If a Order Request is cancelled by a Customer between 24 and 48 hours prior to the applicable Food Delivery, the Chef shall be paid 50% of the Order Amount and the remainder shall be returned to the CustomerIf a Order Request is cancelled by a Customer less than 24 hours before the applicable Food Delivery Date, the Customer shall not be entitled to any return, credit or reimbursement.Your Reservation shall be deemed cancelled only upon receipt of Heartland Chefs confirmation of your cancellation.The Company reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Customer.In case a Chef cancels Customer’s Order Request, the Company will credit the Customer with the full Order Amount such Customer has paid to Heartland Chefs. Company reserves the right to charge the cancelling Chef with the Order Amount collected.Additionally, Heartland Chefs reserves the right to charge back from Chefs the Order Amount if upon the receipt of a complaint by a Customer with respect to such the food sold, it believes, at its sole discretion, that such Food was not compatible with Heartland Chefs standards of service or in case of any misconduct of the Chef.Heartland Chefs shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Chef’s or Customer’s cancelation of an Order Request.
6.0 Use Restrictions
There are certain conducts which are strictly prohibited on Heartland Chefs. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to Heartland Chefs and may also expose you to civil and/or criminal liability.You may not, whether by yourself or anyone on your behalf:Use Heartland Chefs for any illegal, unlawful or unauthorized purposes;Use Heartland Chefs in any form of spam, unsolicited mail or similar conduct.Use Heartland Chefs for non-personal or commercial purposes other than as a Chef without Company’s express prior written consent;Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access Heartland Chefs and retrieve, index and/or data-mine any information;Interfere with or disrupt the operation of Heartland Chefs or the servers or networks that host Heartland Chefs, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;Post, publish, or otherwise make available through Heartland Chefs any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive;Impersonate any person or entity or provide false information on Heartland Chefs, whether directly or indirectly;Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about Heartland Chefs;Transmit, distribute, display or otherwise make available through or in connection with Heartland Chefs any content, including User Generated Content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;Bypass any measures we may use to prevent or restrict access to Heartland Chefs;Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of Heartland Chefs in any way;Create a browser, frame, border environment or GUI around Heartland Chefs;Link, including in-line linking, to elements on Heartland Chefs, such as images and videos, independently from the web pages of Heartland Chefs on which they originally appear;Bypass Heartland Chefs by forwarding your personal and contact details (as emails, phone numbers or sites address) to other Users of Heartland Chefs, whether you are a Customer or a Chef, to avoid paying Reservation Fee to us or for other purposes.
7.0 User Generated Content
Heartland Chefs allows you to upload, post, publish and make available through it, your own copyrightable materials such as text, images, photos, videos, and any other proprietary materials.As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on Heartland Chefs, in any way.You represent and warrant that you are the rightful owner of the User Generated Content you upload to Heartland Chefs or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable Heartland Chefs to use the User Generated Content you upload to Heartland Chefs and that such User Generated Content does not infringe any third party's copyright or other rights.You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with Heartland Chefs. Company explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.When you upload, post, publish or make available any User Generated Content on Heartland Chefs or use such User Generated Content via Heartland Chefs, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User Generated Content, along with your name, details, trade-marks, service-marks and logos, in connection with Heartland Chefs, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.You agree that the Company may remove at any time any User Generated Content you have uploaded to Heartland Chefs in its sole discretion with or without any reason.
8.0 Intellectual Property Rights
Heartland Chefs and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of Heartland Chefs), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Heartland Chefs's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Heartland Chefs, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Heartland Chefs's marks and logos, whether registered or not.
9.0 Trademarks and Trade names
"Heartland Chefs", Heartland Chefs™, Company's marks and logo and all other proprietary identifiers used by the Company in connection with Heartland Chefs (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on Heartland Chefs belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
10.0 Links to Third Party Websites
11.0 Profile Changes and Cancellation of User Profile
At any time, you may change, edit, correct or delete any and all information included in your personal profile. For the cancellation and removal of your account from Heartland Chefs and on any matters that extend the usual management of your account, you may contact the Company at: admin@Heartlandchefs.com with such specific request. Company shall terminate your account and remove any information pertaining to you from the Service within reasonable time upon receiving your request for account cancellation. We will attempt to comply with any request to the best of our capabilities.
12.0 Refund, Disclaimer and Warranties
In the event of misleading representation or misconduct on Heartland Chefs or in the framework of food sold held by Chefs through Heartland Chefs, company may decide, in its sole desecration, to credit you with a refund for the reservation amount paid or part thereof and charge the Chef with this amount. No action of the company may be construed as accepting any liability other than as mentioned herein.Notwithstanding the foregoing, Heartland Chefs, including without limitation any content, data and any information related thereto, is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.The company does not warrant that Heartland Chefs will be uninterrupted or error-free. The company may correct, modify, amend, enhance, improve and make any other changes to Heartland Chefs at any time or to discontinue displaying or providing any content or features without a notice to you.The company hereby disclaims all warranties and conditions with regard to the use of Heartland Chefs, including but not limited to the availability, reliability, or quality of Heartland Chefs and/or the food sold through Heartland Chefs, including the nature and quality of the food served in such events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through Heartland Chefs, including by Chefs or Customers. The company does not endorse any entity, product or service mentioned in any user generated content available on Heartland Chefs.
13.0 Limitation of Liability
The use of Heartland Chefs and purchase of any food sold is solely at your own risk. Except as provided herein, in no event shall the company be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of Heartland Chefs or any food event, or the use or inability to use Heartland Chefs, regardless of whether the company or an authorized representative of the company has been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to your Order Amount.You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of Heartland Chefs; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to Heartland Chefs. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
14.0 Misconduct and Copyright
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to Us; provided your report will not incur any liability Company's address for reporting any misconduct is specified below: admin@Heartlandchefs.comThe Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the address specified above.
15.0 Amendments to the Terms
Any claim relating to Heartland Chefs or its use thereof will be governed by and interpreted in accordance with the laws of Singapore without reference to its conflict-of-laws principles. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.