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©2023 Glazing Souls LLC

TERMS AND CONDITIONS 

Coronavirus (Covid-19) 

Taking into account the progress in vaccination and that local restrictions have made it possible to control the spread of the virus, so now I no longer consider cancellations related to the Coronavirus (Covid-19) to fall within the force majeure category, which means that our regular cancellation policy will apply:

  • For reservations cancelled up to 30 days before the time of the reservation: the full value of the reservation will be refunded*

  • For reservations cancelled between 8 and 29 days before the reservation: guests have the option to choose between receiving a 50% refund of the value of the reservation* OR rescheduling the reservation within the following 90 days.

  • For reservations cancelled less than 7 days before the service date: a refund does not apply*

*In case a refund applies, Glazing Souls will retain 3% of the total service that covers the non-refundable transaction fees.

  • 1. The cancellation policy seeks to protect the guest and the chef alike. The client can receive the full amount of their reservation if the cancellation is made at least one month in advance as this will give the chef enough time to find a new client for the date.

  • 2. The client will be able to decide between receiving a 50% refund or rescheduling the experience with the chef within the next 90 days in case the cancellation occurs between 8 and 29 days before the service. This guarantees that the client does not lose the total amount of their reservation and that the chef is able to cover any expenses incurred.

  • 3. In the event that the cancellation is made less than 7 days in advance, the client will not be eligible for any type of refund since the chef has already incurred in expenses for the service in addition to rejecting other potential clients for the date.

1. Description

Glazing Souls LLC has developed an advertising intermediation platform that can be accessed from the website……….

These terms and conditions are intended to regulate access and terms of use of the Platform. Please read these conditions carefully. You understand and acknowledge that Glazing Souls LLC is not a party to any contract, agreement or contractual relationship, of any kind, signed between the Users of its Platform.

By registering with an email address, you acknowledge that you have read and accepted these general conditions of use.

2. Definitions

In this document:

CGU: Means current General Terms and Conditions of Use.

Diner: Means the User who uses the Platform to request a private chef service and eventually contracts the services of a Chef, agreed between the parties.

Confirmation of the reservation

Management expenses  

Messages: Means the shared communications between chef and diner during the offer process prior to the Reservation.

Menu: Means that after diner send a request the chef made a customized menu in response to the request registered by the diner, it includes both the specific menu proposal and any shared messages with the diner in relation to the service offered.

Offer: Means the content of the provision of services offered freely and independently by the chef to the Diner in response to a Request, it includes both the Menu and the Messages exchanged between the chef and Diner.

Platform: Has the meaning attributed to it in Article 1 above

Price: It means the sum of the Chef's Fee and the Management Expenses, and it is the amount that the Client pays through the Platform to confirm a Reservation.

Reservation: Means the diner is confirming the service request.

Service: Means the object of the contractual relationship between the Chef and Diner, based on the provision of a gastronomic service specified in an Offer, with conditions freely established between the parties.

Website: Means the website that can be accessed from the address ……….

Request: Means the request for a private chef service by a Diner through the Platform.

 

3. Use of the Services

3.1. Posting Ads

3.1.1. Diners

As a Diner, as long as you comply with the conditions established in these CGU, you can request a Service through the Platform, entering the information related to the Service you require (date, location, type of cuisine, etc.) and registering as a User before finishing registering your application.

By registering your Request, you will receive an email notification with your contact details as User and your password to access the Platform. Once registered, you can make proper use of the Platform, always with the sole objective of booking a Service through it.

3.2. Booking a Service.

3.2.1. Service reservation procedure

Glazing Souls LLC has established a system for the reservation of online services (“Reservation”) through the Platform.

In order to book a service through THE WEBSITE, it is necessary that (1) the Diner submits a Request on the Platform, which will be automatically forwarded to the Chef’s availability at the location set by the Diner, (ii) that the Chef will send a proposal to that Request and (iii) that the Guest pays the Price set by the Chef through the Platform.

Once there is a specific Request and Offer, and both users have agreed to the conditions of the Service, the Diner can book it through the Platform paying the full amount set by the Chef in his Offer, using any of the payment methods established in the Platform.

Once the Reservation has been made, automatically both users (Diner and Chef) will receive an email notification confirming the Reservation and detailing.

3.2.2. Nature of the reservation of the Services and terms of use of the Platform on behalf of a third party

Any use of the Platform, both as a Diner and as a Chef, is related to a specific name. The identity of the Chef and the Diner must correspond to the identity communicated by them.

Therefore, it is prohibited to send an Offer to a Diner on behalf of any other Chef who is not the same User issuing the Offer.

3.3. Evaluation system

3.3.1. Function

Glazing Souls LLC encourages you as a Diner to publish your opinions about a Chef after enjoying a Service contracted through the Platform.

3.3.2. Moderation

You acknowledge and agree that Glazing Souls LLC reserves the right not to publish or to eliminate any evaluation that considers its content to be in breach of the provisions of these CGU.

3. Financial conditions

Access and registration on the Platform, as well as sending Requests and Offers, do not imply any cost. However, the Reservation will be confirmed after the corresponding payment of a Price, under the conditions described below.

3.1. Price

3.1.1. Specific conditions for the diner

As a Diner, you can book a Service through the Platform following the corresponding reservation process. Upon receipt of a Booking confirmation by email from Glazing Souls LLC, a legally binding contract is formed between Commensal and Chef, subject to any terms and conditions agreed between the parties. Glazing Souls LLC will charge the Price agreed by the parties at the time of the Reservation.

If you book a Service on behalf of several people and one of them is a minor, you declare and guarantee to be legally authorized to act on behalf of the minor. Minors can only participate in a Service if they are accompanied by an adult who is responsible for them.

3.2. Price rounding

You acknowledge and agree that Glazing Souls LLC may, at its sole discretion, round up or down the Management Fee.

4. Cancellation Policy

4.1. Payment refund conditions in case of cancellation

The cancellation of a Service will be subject to the following:

  • In the event that the cancellation is made by the Chef, the Diner will be refunded in full.

  • In case of cancellation by the guest:

    • If the guest cancels the service more than 30 days in advance, the guest will be entitled to a full refund of the reservation.

    • If the guest cancels the service more than 8 days in advance and less than 29 days before the time set for the service, the guest will only be entitled to a 50% refund of the amount paid (the remaining will be paid to the chef), OR will have the option of reschedule the reservation with the same chef within the following 90 days

    • If the guest cancels the service less than 7 days before the scheduled date, there will be no refund to the guest. The chef will receive the Service Fee established in his proposal, and Glazing Souls LLC will keep the Management Expenses.

Glazing Souls LLC reserves the right to assess, according to the information available, the legitimacy of the refund requests.

In the event that a refund applies, Glazing Souls LLC will retain 3% of the total service cost that covers the non-refundable transactional fees.

4.2. Refund deadlines

In case that the Client wishes to make a claim regarding a contracted Service, they must contact Glazing Souls LLC within the next 24 hours starting from the date and time scheduled for the execution of the Service.

Once said period has elapsed, if the object of the Client's claim was the refund of the amount paid when contracting the Service for any reason or defect related to its execution, even when said reason or defect was not the responsibility of the Client, and as long as the Service had already been paid to the Chef, the claim will be denied.

4.3. Right of Withdrawal

In accordance with the provisions of Article 103 a) of the General Law for the Defense of Consumers and Users, you will not have the right of withdrawal from the moment of delivery of the Confirmation of reservation, as long as the Contract between you and Glazing Souls LLC, consisting of contacting another User, has been executed in its entirety.

5. Behaviour of Platform visitors and Users

5.1. Commitment of all visitors to the Platform

You acknowledge that you are solely responsible for complying with all laws, regulations and obligations applicable to the use of the Platform.

  • (i) not to send to Glazing Souls LLC (especially at the time of the creation or the update of your Account) nor to the other Users of the Platform false, confused, malicious or fraudulent information;

  • (ii) not to speak or behave or publish any content on the Platform that may be defamatory, offensive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic in nature, or that has sexual connotations, incites violence, discrimination or hatred, or that encourages activities or the use of illegal substances or in a more general way that is contrary to the objectives of the Platform and that may infringe the rights of Glazing Souls LLC or a third party, or that may be contrary to good customs;

  • (iii) not to infringe the rights and not to harm the image of Glazing Souls LLC, in particular with regard to its intellectual property rights;

  • (iv) not to open more than one Account on the Platform and not to open an Account on behalf of a third party;

  • (v) not to attempt to circumvent the online booking system of the Platform, mainly by trying to send to another User your contact information to make the booking outside the Platform in order to avoid the payment of the Management Fees;

  • (vi) not to contact another User, through the Platform, for any purpose other than defining the conditions of the private chef service;

  • (vii) not to accept or make payment outside the Platform;

  • (viii) to comply with these GCS and the Privacy Policy.

5.2. Commitments of the Chefs

  • (i) to respect all laws, regulations and codes regarding the activity of private chef, especially to have liability insurance in force at the time of the Service;

  • (ii) verify that your insurance policy covers the services offered in each Offer sent to the Customer;

  • (iii) not assume any risk during the performance of the Service, nor take any product or substance that may adversely affect your care and due diligence required by the activity of the Service itself;

  • (iv) to execute the Service as described in the Offer and to respect the times and places agreed with the Guest;

  • (v) use utensils in good condition, complying with all legal regulations in this area, especially those relating to hygiene;

  • (vi) to use raw materials in perfect condition, which comply with the sanitary requirements demanded by the current legislation applicable to the matter;

  • (vii) comply with the legal regulations on food transport, especially those referring to the respect of the cold chain;

  • (viii) not to send any Offer to those Requests that you are not going to execute personally;

  • (ix) ensure that Diners can contact you at the telephone number registered in your profile

  • (x) not have any contraindication or medical incapacity to perform the activity of the Service;

  • (xi) behave appropriately and responsibly during the Service, in accordance with these GTU.

5.3. Commitments of Diners

  • (i) communicate to Chef any changes or modifications regarding the conditions of service agreed on the Platform;

  • (ii) ensure that Chef can contact you at the telephone number registered in your profile;

  • (iii) to communicate to the chef, your identity card or any other document that proves your identity;

  • (iv) inform the Chef of any relevant information that he/she should know about the real and personal property that he/she will have to use/occupy during the Service, especially in case of countertops, walls, glass, glass-ceramics or any other equipment that could be damaged during the execution of the Service;

  • (v) provide the Chef with the dishes, glassware, cutlery and other utensils that are necessary to carry out the Service;

  • (vi) wait for the Chef at least 30 minutes after the appointed time.

6.Intellectual property

6.1Content published by Glazing Souls LLC

Subject to the content provided by its Users, Glazing Souls LLC is the only owner of all intellectual property rights related to the Service, the Platform, its content (specifically the texts, images, designs, logos, videos, sound, data and graphics) and with the software and databases that ensure its operation.

Glazing Souls LLC guarantees you a personal, non-exclusive and non-transferable right to use the Platform, for your personal and private use, and in accordance with the purpose of the Platform and these CGU.

It is totally forbidden to use or exploit the Platform, including its content, for any purpose other than that foreseen without the prior written consent of Glazing Souls LLC. Specifically, the following is totally prohibited:

  • (i) reproduce, modify, adapt, distribute, publicly represent and disseminate the Platform and all its content, except with the prior express authorization of Glazing Souls LLC;

  • (ii) decompile and reverse engineer the Platform, with the exceptions stipulated by the applicable texts;

  • (iii) extract or attempt to extract (specifically using data extraction robots or similar data collection tools) a substantial part of the Platform's data.

6.2Content published by the User on the Platform

In order to allow the provision of the Services, and in compliance with the objective of the Platform, you grant Glazing Souls LLC a non-exclusive license to use the content and data that you have provided in the context of using the Platform (hereinafter referred to as "User-Developed Content"). In order to allow Glazing Souls LLC to distribute through the digital network and in accordance with any communication protocol (especially the Internet and mobile networks) and to be able to offer the platform content to the public.

7.Operation, availability and functionalities of the Platform

Glazing Souls LLC will try as much as possible to keep the Platform running smoothly 7 days a week and 24 hours a day. However, it is possible that access to the Platform may be temporarily suspended, without prior notice, for technical reasons, maintenance, migration or update operations, or due to supply cuts or restrictions related to network operation.

8.Modification of the CGU

These CGUs and the documents integrated by reference form the complete agreement between you and Glazing Souls LLC regarding the use of the Platform. Any other document mentioned on the Platform (Frequently Asked Questions, for example), is for indicative purposes only.

Glazing Souls LLC may modify these CGU to adapt them to your technological and commercial environment, and to comply with current legislation. Any modification made in the CGU will be published on the Platform indicating the date of entry into force, and you will receive notification of such change before its entry into force.

9. Applicable law - Litigation

These CGU have been drafted in Spanish, in accordance with USA legislation.

10.Legal warning

The Platform is edited by Glazing Souls LLC, a limited liability company-CA, an entity of USA nationality 

For any questions, you can contact Glazing Souls LLC using the contact form available on the website.

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