Terms & Conditions for Chefs
Please read these Terms and Conditions of Service (Terms) carefully as they contain important information about your legal rights, remedies and obligations.
By accessing or using the Killer Chefs Platform (as defined below), you agree to comply with and be bound by these Terms.
Last Updated: October 2020
These Terms constitute a legally binding agreement (Agreement) between you and the Killer Chefs (as defined below) governing your access to and use of the Killer Chefs Platform (as defined below), including any subdomains of the Killer Chefs Platform, and any other websites through which The Killer Chef makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, the "Killer Chef Services"). The Site, Application and the Killer Chefs Services together are referred to as the "Killer Chefs Platform".
When these Terms mention the"Killer Chefs”,“we”, “us,” or “our”, it refers to The Killer Chefs Company Ltd, a company incorporated in England and Wales under company number 11842280 whose registered office address is 2a The Quadrant, Upper High Street, Epsom, Surrey, England, KT17 and who trades under the name of "Killer Chefs".
When these Terms mention "Chefs","you", or "your", it refers to the person signing up to provide chef services via the Killer Chefs Platform.
Terms specific for Chefs
1. Menu Listings
1.1 Each Chef may list a number of different menus in line with current Killer Chefs Platform policies, as updated from time to time, which will be available for customers wishing to book through the Killer Chefs Platform (Foodies) to view and book via the Killer Chefs Platform (Menu Listings), and subject to clause 1.5 below, shall set their own pricing per Menu Listing.
1.2 Your Menu Listing will be made available to the public via the Killer Chefs Platform.
1.3 Your Menu Listing will include your public profile details (Profile) and are responsible for keeping your Profile information (including calendar availability) up-to-date at all times.
1.4 When creating a Menu Listing through the Killer Chefs Platform, you must:
1.4.1 provide complete and accurate information about your service (such as menu description, radius, and calendar availability);
1.4.2 disclose any deficiencies, restrictions and requirements that may apply (such as allergens and ingredients, etc.);
1.4.3 provide any other pertinent information requested by us from time to time.
1.5 Menu Listing prices to be displayed on the Killer Chefs Platform shall:
1.5.1 be displayed in pounds sterling;
1.5.2 include VAT (when applicable);
1.5.3 include the Commission due to the Killer Chefs Platform in accordance with clause 4 below.
1.6 You may change your Menu Listings from time to time and you can archive Menu Listings for later retrieval.
1.7 Once a Foodie requests to make a Booking (as defined below) from your Menu Listing, you will enter into a contract between yourself and the Foodie on the Standard Terms and Conditions provided for your use (Standard Terms and Conditions). You may not add any additional terms to the contract between yourself and the Foodies and you may not request that the Foodie pays a higher price than in the original Menu Listing.
1.8 You acknowledge and agree that you are responsible for any and all Menu Listings that you post and you represent and warrant to us that any Menu Listing you post and the delivery of any subsequent Booking:
1.8.1 will not breach any agreements you have entered into with any third parties; and
1.8.2 will be in compliance with all applicable laws, tax requirements and rules and regulations that may apply to any element included in a Menu Listing and the services and produce which you subsequently supply as a result of a Booking in respect of the same;
1.8.3 will not conflict with the rights of third parties.
1.9 We accept no liability for your compliance with the above.
1.10 We reserve the right, at any time and without prior notice, to remove or disable access to any Menu Listing or Profile for any reason, including Menu Listings and/or Profiles that we have, in our sole discretion, deemed to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the reputation of the Killer Chefs Platform.
1.11 You acknowledge that the placement and ranking of Menu Listings in search results on the Killer Chefs Platform may vary and depend on a variety of factors, including Foodies search parameters and preferences, Chefs requirements, price and calendar availability, number and quality of images, customer service and cancellation history, reviews and ratings, type of Chef service/cuisine, and/or ease of booking.
1.12 In order to enable the provision of the Killer Chefs Services via the Killer Chefs Platform, you grant us a non-exclusive license to use the content and information you have provided in the context of your use of the Killer Chefs Platform, to include the display of your Menu Listing and public Profile. To enable distribution through the digital network and in accordance with any communication protocol (especially the Internet and mobile networks) and to offer the public the content of the Killer Chefs Platform, you authorize us to play, represent, adapt and translate your content for the entire duration of the contractual relationship with us, in accordance with the following:
1.12.1 you authorise us to reproduce all or part of the relevant content developed by you in any medium digital recording, known or unknown, in particular on any server, hard drive, memory card or equivalent, in any form and by any process, already known or in any operation required for storage, backup, transmission or download related to the operation of and the provision of services by, the Killer Chefs Platform;
1.12.2 you authorise us to adapt and translate the contents developed by you, and reproduce such adaptations in any digital medium, known or established as set out above, in order to provide our services in different languages. This right includes the option to make changes to the format of your content developed by you, in order to respect the graphic design of the Killer Chefs Platform or to make your content compatible at a technical level with our software and you hereby waive your moral rights in this respect.
2. Chef Commitments and Bookings
2.1 Chefs signing up to the Killer Chefs Platform confirm that you are over 18 years of age and have no criminal convictions. To this end you will need to provide us with a selfie (passport type photograph of yourself without a hat or glasses) and submit proof of your home address. You will also be required to submit to a DBS check at your own cost, unless you can provide evidence acceptable to us that you have been DBS checked and approved within the last 12 months.
2.2 When you accept a booking request for your services and the provision of a meal as described in your Menu Listing from a Foodie (Booking), you acknowledge and agree that you are entering into a legally binding agreement with the Foodie on the Standard Terms and Conditionsand are required to provide your services to the Foodie as described in your Menu Listing when the Booking request is made. For the avoidance of doubt, this is a contract solely between yourself and the Foodie and we shall have no liability under it.
2.3 By agreeing to these Terms you consent to The Killer Chef acting as your limited authorized agent for the purpose of accepting payments from Foodies in respect of Bookings on behalf of the Chef.
2.4 In accepting the appointment as your limited authorized agent, we assume no liability for any of your acts or omissions.
2.5 You agree that payment made by a Foodie to the Killer Chefs shall be considered the same as a payment made directly to you (subject to the deduction of commission due to the Killer Chefs and any applicable taxes as set out in clause 4 below).
2.6 You agree that, we may, in accordance with our cancellation policy, (i) permit the Foodie to cancel the Booking and (ii) refund to the Foodie that portion of your fees specified in the applicable cancellation policy.
2.7 By using the Killer Chefs Platform you agree to:
2.7.1 respond to booking requests promptly within 24 hours of the booking request being made (Booking Confirmation Window). Response times will be measured by us and a late response may result in a low search ranking for you on the Killer Chefs Platform. If you fail to respond within the Booking Confirmation Window, you will no longer be able to respond and we may send alternative Chef recommendations to the Foodie;
2.7.2 Immediately inform us in the event that you are not able to execute the Services and provide the meal as per the Foodie’s Booking. For more information, please check our cancellation policy. In such circumstances we reserve the right to select an alternative Chef of our choosing to fulfill the Booking in your place, where this is feasible.
2.7.3 Research and ensure sufficient travelling time to avoid lateness to the Booking;
2.7.4 Be bound by the Community Ground Rules for Chefs at all times which form part of the contract created between you and us under these Terms;
2.7.5 Run the service as described in the Offer and to respect the times and places agreed with Foodie;
2.7.6 Use utensils in good condition, complying with all legal regulations in the catering field, especially those concerning hygiene;
2.7.7 Use high quality raw materials in perfect condition, that meet the health requirements of the food standards legislation applicable to the matter;
2.7.8 Provide a high standard of service at all times;
2.7.9 Comply with all legal regulations regarding transportation of food, and especially those concerningthe temperature monitoring whilst in transit and storage of produce in thecold chain; and
2.7.10 Not accept any Bookings that you are unable to personally attend.
2.8 You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at the place of service at your request or invitation, excluding the Foodie and the individuals the Foodie invites to the place of service (Guests), if applicable. You will not invite or request any individuals to assist with your provision of the service at the Foodies’ home who is under the age of 18 and who is not covered by your insurance or who does not hold insurance in the same terms in their own right.
2.9 The Killer Chefs welcomes chefs at all levels, either self-taught or culinary academy-educated, however all Chefs must comply with these industry-regulated hygiene standards and hold current certificates in either Food Hygiene Training Certificate level 2 or above, or similar qualification approved by or provided by us.
3.1 All Chefs must have current Personal Chef Liability Insurance cover in force at all times with a minimum public and product liability cover of at least £1,000,000.and which provides cover in the event of bodily injury, including sickness due to accidental food poisoning in respect of both yourself the Foodies and/or the Foodies’ guests. You can seek out quotes from independent insurance brokers or access quotes via our partner company, SuperScript, here.
3.2 We do not accept liability injury, illness or loss suffered by the Chef or any third party, other than as expressly set out in these Terms. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply.
4. Payment and Financial Terms
4.1 The Killer Chefs will collect the full payment made by the Foodies in respect of each Booking (Payment) at the time of the Booking confirmation through the Stripe payment system which is integrated into the Killer Chefs Platform.
4.2 In consideration for our provision of the Killer Chefs Services and access to the Killer Chefs Platform and payment collection facilities and in respect of acting as an intermediary, you agree to pay us commission equal to an amount of 15% + VAT of the Payment made by each Foodie in respect of each Booking (Commission). Where applicable, taxes will also be deducted. For the avoidance of doubt, Commission payments and deductions for the payment of taxes are non-refundable.
4.3 Subject to clause 4.4 below, the balance of the Payment received after Commission and other deductions will be transferred out to you by bank transfer to your bank account, within 7 days of our receipt of written notification from you that you have successfully completed delivery of the Foodies order under the relevant Booking (Completion Notice).
4.4 Payment can only be made by us into a UK bank account and you may be requested by us to provide proof of your identification prior to our making the payment to your account.
5. Cancellation Policy
You agree to be bound by the terms of our cancellation policy which protects both Foodies and Chefs alike. Both parties may cancel and review any penalties by viewing their upcoming booking(s) and then clicking ‘Cancel’ on the appropriate reservation.
6. Referral Program
The Killer Chefs Referral program permits select, invited eligible members to earn money by referring to the Killer Chefs first time, new Chefs (Referred Chefs) and first time, new Foodies (Referred Foodies), who create or activate their Profile for the first time and successfully complete a qualifying Booking. To qualify as a ‘Referred Chef’ you may be referred by either another Chef or a Foodie.
For each person you refer, there are two opportunities to earn credit. You earn credit when your friend completes a qualifying Booking as a Foodie and also if they complete a qualifying Booking as a Chef. The amount you earn is different depending on whether you refer Chefs or Foodies. To learn more please check our Referral Policy
8. Ratings and Reviews
Within a certain time frame after completing a booking, Chefs can leave a public review (“Review”) and submit a star rating (“Rating”) under the Foodie’s profile.
Ratings or reviews reflect the opinions of individual users, do not reflect the opinion of the Killer Chefs and are not verified by us for accuracy and may therefore be incorrect or misleading.
Ratings and reviews by Chefs must be accurate and may not contain any offensive or defamatory language.
Chefs are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party to write a positive or negative review about another user.
Ratings and reviews are part of a Chef’s public Profile and may also be together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
9. Our Right to Vary These Terms and Conditions
9.2 If we make changes to these Terms, we will post the revised Terms on the Killer Chefs Platform and update the “Last Updated” date at the top of these Terms.
9.3 We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate the contract between us with immediate effect.
9.4 We will inform you about your right to terminate this contract in the notification email. If you do not terminate it before the date the revised Terms become effective, your continued access to or use of the Killer Chefs Platform will constitute acceptance of the revised Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to the Killer Chefs Platform, and (b) deactivate or cancel your Killer Chefs account. In the event we terminate the contract that we have made with you under these Terms, or terminate your access to the Killer Chefs Platform or deactivate your account you will remain liable for all amounts due still owing to us. Please note that if your account is cancelled, we do not have an obligation to return to you any content you have posted to the Killer Chefs Platform, including, but not limited to any reviews.
11. Our Responsibility for Loss or Damage Suffered by You
11.1 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
11.3 Subject to clause 11.1:
(e) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(f) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to eighty per cent (80%) of the total sums earned by you through the Killer Chefs Platform in the last 12 month period (or on a pro rata basis if you have been operating through the Killer Chefs Platform for less than 12 months).
11.4 For the avoidance of doubt, the Killer Chefs Platform does not accept any liability in respect of any Bookings made between the Chef and the Foodies outside of the Killer Chefs Platform.
12. We may transfer our rights and obligations under these Terms to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 4 weeks of us telling you about it.
13. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14. Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15. If a court finds part of this contract illegal, the rest will continue in force
Each of the terms and conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms and conditions will remain in full force and effect.
16. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17. Which laws apply to this contract and where you may bring legal proceedings
If you have any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) it shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18. This is our entire agreement with you.
These Terms constitute the entire agreement between us in relation to your use of the Killer Chefs Platform. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or in any associated documentation or policies, including without limitation, the Community Ground Rules for Chefs.