LocalStove Terms of Service
LocalStove LLC (hereafter referred to as “LocalStove”, “we”, “us”, or “our”) provides an online marketplace that connects cooks (“Cooks”) with eaters (“Eaters”) to offer products and services (“Meals”) via the LocalStove platform (collectively, the “Services”). You may access the Services through our website (“Site”) and smartphone application (“App”). “You” are the person accessing the Site or App and using the Services either in the quality of a Cook, Eater or otherwise. Please read these Terms of Services carefully as they apply to your use of our Site and App. By accessing the App or the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). If you do not agree to these Terms, you should not access the Site and/or App or use our Services. ELIGIBILITY
By using the Services, you represent and warrant that you (a) are 18 years of age or older (or over the age of majority in your Jurisdiction), (b) are legally represented by your parent or legal guardian if you are under 18 (or the age of majority in your Jurisdiction), (c) have full power and authority to enter into these Terms and in so doing will not violate any applicable law or agreement to which you are a party. SCOPE OF OUR SERVICES
The Services comprise an online platform through which Cooks may create Meal listings and eaters may learn about the Meal listings and schedule purchase and pickup or delivery of the Meal(s). You acknowledge that LocalStove does not provide Meals or any type of food services itself, but merely provides a platform to facilitate the transactions between Cooks and Eaters. You understand and agree that LocalStove is not a party to any agreement entered into between Cooks and Eaters. LocalStove has no control over the conduct of Cooks, Eaters and LocalStove account holders of the Services and disclaims all liability in this regard to the maximum extent permitted by law. INTELLECTUAL PROPERTY. LICENSE TO ACCESS AND USE THE SERVICES.
Unless otherwise indicated in writing by us, the Site, the App and all content and other materials contained therein, including, without limitation, the LocalStove logo and all designs, text, graphics, pictures, information, data, software, sound files, Content (as defined below) and the selection and arrangement thereof (collectively, the “IP”) are the proprietary property of LocalStove or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. The provision of the Site, App and Services does not transfer to you or any third party any rights, title or interest in or to such Site, App or Services. LocalStove (and its licensors, where applicable) reserves all rights not granted in these Terms.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Site, App and Services. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Services and the IP, (b) use any data mining, robots or similar data gathering or extraction methods, (c) download (other than the page caching) any portion of the Site, App and/or Services or IP, except as expressly permitted by us, and (d) use the Site, App and/or Services or IP other than for their intended purposes, which shall be limited to use in furtherance of the Services. Any use of the Site, App and/or Services or IP other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of LocalStove or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site, App and/or Services and IP may include software components provided by LocalStove or a third party that are subject to separate license terms, in which case those license terms will govern such software components. THIRD-PARTY SERVICES AND CONTENT
LocalStove may display content, advertisements and promotions from third parties through our Site, App and/or Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that LocalStove is not responsible or liable in any manner for such interactions or Third Party Content. PAYMENT OF FEES. TIPS AND GRATUITIES.
There is no charge to register with us, create a LocalStove account, use our Site or download the App on your mobile device. We charge fees from Eaters for using our Services. We also make payments to Cooks for Meals ordered through us. Our fees are set out in the Site. We may change our fees from time to time by posting the changes on the Site.
to understand how they collect, handle and use your information.
Cooks are not expected to request or receive tips or gratuities or any other amount in addition to the fees paid by Eaters for the Meals through LocalStove. The payment of tips or gratuities to Cooks is voluntary and at Eater’s sole discretion. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to use most aspects of the Services, you must register for and maintain an active LocalStove account (each an "LocalStove Account"). By creating a LocalStove Account, you agree to (a) provide truthful, accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your LocalStove Account information, (c) maintain the security of your password and accept all risks of authorized access to your LocalStove Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, the App or your LocalStove Account. CONTENT
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, video, sound, graphics, code, items or other materials (collectively, "Content"). You agree that you are solely responsible for your Content and for your use of any interactive features and areas on our Services.
By using the interactive features and areas of our Services, you further agree not to create, post, share or store any of the following:
· Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
· Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
· Content that violates third party rights, including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Content that violates these Terms or any Applicable Laws (as defined herein).
· Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
· Content that impersonates, or misrepresents your affiliation with, any person or entity;
· Content that references or depicts LocalStove or our Services but fails to disclose a material connection to us, if you have one;
· Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
· Content that contains any confidential, private or personal information of a third party without such third party’s consent;
· Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
· Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
· Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the our Services, or that may expose LocalStove or others to any harm or liability of any type.
We are not responsible or liable for any Content. Although we have no obligation to screen, edit or monitor Content, we reserve the right, and have absolute discretion, to remove, screen or edit Content posted or stored on our Site, App or Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on our Site, App or Services at your sole cost and expense. RIGHTS IN CONTENT
We do not claim any ownership interest in your Content. However, by uploading, posting or submitting Content to our Site or App or any third-party websites, mobile apps or other online platforms connected to our Services, (e.g., LocalStove’s Facebook page, Instagram page or Twitter feed), you hereby grant LocalStove a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. FEEDBACK
Separate and apart from Content, you can submit ratings, questions, comments, suggestions, ideas, original or creative materials, information about LocalStove, Cooks or the Meals or any other information (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of LocalStove. LocalStove shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. DISCLAIMER AND WARRANTIES
While LocalStove encourages Cooks to describe each Meal accurately on our Site or App as well as to post actual photos of the Meals they prepare, LocalStove may not guarantee the accuracy and completeness of such information, nor that the Meals will appear exactly how they are depicted in pictures.
TO THE EXTENT LEGALLY PERMITTED BY LAW, LOCALSTOVE, INCLUDING WITHOUT LIMITATION THE SITE, APP, SERVICES, AS WELL AS 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.
LOCALSTOVE DOES NOT WARRANT THAT THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE. LOCALSTOVE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE OR APP AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
LOCALSTOVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE OR APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SITE OR APP.
LocalStove does not make any representations or warranties regarding the quality of any chef or meal. You are solely responsible for verifying the meals, their contents and/or ingredients, and the way in which they are prepared and you are solely responsible for knowing about any food allergies you may have before handling, using or consuming such meals.
LocalStove is not responsible or liable for any illness or other results or damages caused by the consumption of any meal, including without limitation, any death, bodily injury or health problems, or any other negative experience with any meals ordered through the service. LOCALSTOVE IS NOT RESPONSIBLE OR LIABLE FOR THE TIMELESS OF THE PICK UP OR DELIVERY OF MEALS TO EATERS. We expressly disclaim any and all liability in connection with the foregoing, unless SUCH LIABILITY IS A DIRECT result OF LOCALSTOVE’S SOLE NEGLIGENCE. LIMITATION OF LIABILITY
While we make every effort to make sure Cooks comply with Applicable Laws and Meals are suitable and safe for consumption, we may not guarantee that. You agree to use the Services at your own risk. Therefore, you understand that any legal remedy or liability you may seek to obtain for actions or omissions of other members or third parties will be limited to a claim against the particular member or third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from LocalStove with respect to such actions or omissions.
IN NO EVENT SHALL LOCALSTOVE 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 YOUR USE OF THE SITE, THE APP OR ANY MEAL, OR THE USE OR INABILITY TO USE THE SITE OR APP, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTION DO NOT ALLOW FOR DISCLAIMER OF LIABILITY. WHERE LIABILITY IS MANDATORY, LOCALSTOVE’S LIABILITY FOR DAMAGES SHALL BE LIMITED TO $100. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and LocalStove. INDEMNIFICATION
You agree to defend, indemnify and hold harmless LocalStove, 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 the Site or App; (ii) your violation of any term of these Terms, including, without limitation, the warranties provided hereunder; (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, including the Eaters, with respect to your use of our Services and to the provision of Meals. It is hereby clarified that this defense and indemnification obligation will survive these Terms. COOK SPECIFIC TERMS AND CONDITIONS
Cook understand the laws, rules and/or regulations that apply to Meal preparations in their respective states and cities (collectively, "Jurisdictions"). Some Jurisdictions have laws, rules and/or regulations apply to the Services or may require Cooks to obtain specific licenses, authorizations or permits that allow Cook’s to provide meals and/or food services (“Applicable Laws”). We encourage Chefs to review such Applicable Laws before using the Services and offering Meals in their respective Jurisdictions. Cooks hereby represent that, in providing Meals in their Jurisdictions, they comply with all Applicable Laws and obtained all legally required licenses, authorization and permits that apply to the Services and to the Meals. Cooks agree to indemnify and hold LocalStove harmless from and against any claims, liabilities, fines, penalties or other imposed or against LocalStove as a result of Cooks failure to comply with Applicable Laws.
Cook has read and hereby confirms she understands the Cook Guidebook (“Cook Guidebook”) provided by LocalStove and available HERE
. Cook agrees to abide by all guidelines and requirements described in the Cook Guidebook, including but no limited to receiving food, preparing Meals, storing food, safety practices, kitchen cleanliness, personal hygiene, labeling and packaging Meals.
Cook has read the Kitchen Inspection Checklist (“Kitchen Checklist”) available HERE
detailing the minimum requirements over food preparation areas in order to sell Meals on the LocalStove platform and Services. Cook represents and warrants that their food preparation area meets every requirement contained in the Kitchen Checklist. Cook will alert LocalStove of any violations or aberrations from the Kitchen Checklist. Failure to meet any of these requirements will result in Cook being banned from LocalStove and related Services, as well as civil or criminal penalties.
LocalStove reserves the right to inspect or to have third parties to inspect Cook’s premises for compliance with Applicable Laws, Cook Guideline and Kitchen Checklist at any time and without notice.
Cooks are not employees or contractors for LocalStove. Instead, Cooks are vendors who may sell Meals on LocalStove’s platform at their own discretion.
Cooks shall only offer Meals prepared by themselves or under their instructions or supervision. Cooks may not resell Meals prepared by third parties.
Cook is solely responsible for creating, updating and maintaining her Cook profiles on LocalStove Services. Cook shall provide truthful and accurate information and content. When posting Meals, Cook shall provide detailed and accurate descriptions of the Meals and listings of all ingredients and potential allergens. Cook shall be truthful in any declarations regarding food preparation areas or processes (e.g. claiming to never have stored or used any peanut products in the kitchen or claiming to follow religious dietary guidelines such as Kosher). Failure to provide truthful, accurate and thorough information may result in being banned from LocalStove and related Services, or civil or criminal penalties.
We may provide Cook with optional recommendations to consider when creating your listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers. We reserve the right to change or update any such description or depiction and to correct errors, inaccuracies, or omissions at any time without giving you notice.
Cook agrees that she will not require additional payments not listed on the Site and Services. Cook also agrees that she you will not encourage Eaters to order Meals off the platform or otherwise circumvent any fees that are paid or would be payable through LocalStove. Unless Cook obtains the express written consent of any Eater, Cook will use any contact information that the Eater provides to you only to communicate with the Eater about your Meals and food offerings and for no other purpose.
Cooks understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. GENERAL DISCLAIMERS
You acknowledge and understand that LocalStove cannot guarantee a Cook’s identity. We do not investigate any user's reputation, conduct, morality, criminal background or guarantee the information that any member submits to the Site or App. We do not endorse any memberes who use or register for the Services, whether as Eaters or Cooks. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other members. LocalStove encourages you to communicate directly with others through the tools available on the Site and/or App and to review Cooks' profile pages for feedback from other users. CANCELLATIONS AND REFUNDS
Eaters cannot cancel their orders once confirmed. If a Cook cancels a confirmed booking made via the Site or App, LocalStove will refund the Fees paid by Eaters for such booking to the applicable Eater within a commercially reasonable time of the cancellation.
If an Eater is grossly unsatisfied with a Meal provided by a Cook, the Eater may request a refund of the Fees by sending an e-mail with an explanation to email@example.com
within 72 hours of receiving the meal. In the case of a refund, the Cook will not receive the associated Meal fees. COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on our Site, App and/or Services infringes any copyright that you own or control, you may file a notification of such infringement by emailing firstname.lastname@example.org
See 17 U.S.C. § 512(c)(3)
for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. TERMINATION
LocalStove may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Site, App or Services or any portion thereof, at any time, for any reason or no reason. AMENDMENTS; UPDATES
LocalStove may update the terms related to the Services from time to time. Amendments will be effective upon LocalStove posting such updated Terms at the Site or App or the amended policies or supplemental terms on our Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. If you do not agree with the updated terms, your should immediately cease accessing the Site or App and using the Services. GOVERNING LAW AND VENUE
These Terms, your access to and use of the Services shall be governed and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law rules or principles (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties shall be resolved in the state or federal courts of the Commonwealth of Pennsylvania and United States, respectively, sitting in the Commonwealth of Pennsylvania, County of Philadelphia. SEVERABILITY
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. MISCELLANEOUS
for information about how we collect, handle, protect, use and disclose information about you. CONTACTING LOCALSTOVE
If you have any questions about these Terms, please contact LocalStove at email@example.com
LAST UPDATED: April 6, 2016