Terms of service

for the Bookfoods.com site (the “Site”) and Digital Tulip, BV's (“Digital Tulip”) professional chef listing services (the “Service”). Each person that signs up as a customer of the Site (“Customer”) that wants to use or access the Service must accept these Terms of Service (“TOS”). BY REGISTERING FOR AND USING THE SERVICES, CUSTOMERS AGREE TO BE BOUND BY THESE TOS.

Digital Tulip reserves the right to change any of the TOS or any policies or guidelines governing the Site or Service, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to these TOS will be posted on the Site for thirty (30) days. Customers are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to Customers. EACH CUSTOMERS'S CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING DIGITAL TULIP'S POSTING OF ANY CHANGES WILL CONSTITUTE THE CUSTOMER’S ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF A CUSTOMER DOES NOT AGREE TO ANY CHANGES TO THESE TOS, S/HE SHOULD NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

1. USE OF SERVICES
Digital Tulip provides a platform for Customers to view listings and profiles of third-party professional chefs (“Chefs”) and negotiate and complete transactions with Chefs for certain predetermined event services for professional chef services offered by the Chefs on their profile (“Chef Service”). Digital Tulip grants Customers a limited, revocable, non-exclusive permission to access the Site and use the Service for each Customer's own personal use. Use of the Service beyond the scope of authorized access granted to Customers by Digital Tulip immediately terminates said permission or license. Customers understand that all chef listings, profiles or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the Chefs from whom such profiles originated. Customers understand that Digital Tulip does not control, and is not responsible for Chef profiles made available through the Service. Furthermore, the Digital Tulip site and Chef profiles available through the Service may contain links to other websites, which are completely independent of Digital Tulip. Digital Tulip makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Customers agree that Customers must evaluate, and bear all risks associated with, the use of any Chef profiles and that under no circumstances will Digital Tulip be liable in any way for any Chef profiles or for any loss or damage of any kind incurred as a result of the use of any Chef profiles posted, emailed or otherwise made available via the Service.

2. BOOKING OF CHEF SERVICES; FEES; PAYMENT
Customers must book a Chef Service within sixty (60) days of the date of the Customer's event. Once a Customer chooses a service offered by a Chef on his/her Chef profile, an email request will be sent to the Chef to determine his/her availability for the event. The Chef will confirm his/her availability via an email sent through the Service, at which time the Customer will have the opportunity to review the event details and confirm the pricing for the event. It is the Customer's responsibility to review the confirmation email to verify the accuracy of the information relating to the Chef Service. Once the Customer confirms his/her/its reservation through the Service, depending on the Chef’s policy, the Customer may need to pay up to 50% of the Chef’s fees as an advance payment to cover the cost of ingredients. The advance payment is to be refunded to Customer by Chef, in case the order cannot be accomplished by the Chef. Typically, such Customer’s payments shall be held by Chef until the day of the event. Customers agree that Customers must evaluate, and bear all risks associated with, the use of any Chef Service and that under no circumstances will Digital Tulip be liable in any way for any Chef Service or for any loss or damage of any kind incurred by a Customer as a result of the use of any Chef Service or any failure of the Chefs to perform the Chef Service.

3. CANCELLATION POLICY
If you have to cancel your event up to one week before it is scheduled, you will be refunded the full amount of your advance payment. Within one week of your event but more than 72 hours before, you will forfeit your advance payment 48 hours after your payment is made. If you cancel your event within 72 hours of the event, you will forfeit the entire amount of the advance payment. A reservation is not officially canceled until the Customer receives a cancellation confirmation e-mail from Digital Tulip. If the cancellation e-mail is not received, contact Digital Tulip.

4. PRIVACY AND INFORMATION DISCLOSURE
Digital Tulip has established a Privacy Policy to explain to Customer how their information is collected and used, which is located at the following web address:

http://www.bookfoods.com/terms

Each Customer's use of the Bookfoods.com Site or the Service signifies acknowledgement of and agreement to our Privacy Policy. Customers further acknowledge and agree that Digital Tulip may, in its sole discretion, preserve or disclose a Customer 's information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Digital Tulip, its users or the general public.

5. TERMINATION OF SERVICE
Customers agree that Digital Tulip, in its sole discretion, has the right (but not the obligation) to delete or deactivate a Customer’s account, block a Customer’s email or IP address, or otherwise terminate a Customer’s access to or use of the Service (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Digital Tulip believes that Customers have acted inconsistently with the letter or spirit of the TOS. Further, Customer agree that Digital Tulip shall not be liable to any Customer or any third-party for any termination of a Customer's access to the Service. Further, Customers agree not to attempt to use the Service after said termination.

6. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Chef profiles displayed on or through the Service are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Digital Tulip. Customers further agree not to reproduce, duplicate or copy Chef profiles from the Service without the express written consent of Digital Tulip, and agree to abide by any and all copyright notices displayed on the Service. Customers may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, Customers agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Digital Tulip is a trademark of Digital Tulip, Inc.

7. DISCLAIMER OF WARRANTIES; RELEASE
CUSTOMERS AGREE THAT USE OF THE DIGITAL TULIP SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CUSTOMERS AGREE THAT INTERACTIONS WITH CHEFS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN CUSTOMERS AND THE CHEFS, REGARDLESS OF WHETHER DIGITAL TULIP ACTS AS AN INTERMEDIARY FOR CUSTOMERS' COMMUNICATION WITH THE CHEFS OR CUSTOMERS' PAYMENT FOR CHEF SERVICE. CUSTOMERS AGREE THAT CUSTOMERS WILL MAKE WHATEVER INVESTIGATION CUSTOMERS FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY CHEFS. THE DIGITAL TULIP SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL TULIP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE DIGITAL TULIP SITE, THE SERVICE AND THE CHEF SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL TULIP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DIGITAL TULIP SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DIGITAL TULIP SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL TULIP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DIGITAL TULIP SITE OR THE SERVICE. Customers also waive all similar requirements in other jurisdictions. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to Customers insofar as they relate to implied warranties.

8. LIMITATIONS OF LIABILITY
BECAUSE DIGITAL TULIP IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND CHEFS, IF A DISPUTE ARISES BETWEEN CUSTOMERS AND A CHEF, EACH CUSTOMER RELEASES DIGITAL TULIP (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

9. INDEMNITY
Customers agree to indemnify and hold Digital Tulip, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of a Customer's use of the Service, a Customer's violation of the TOS, a Customer's breach of any of the representations and warranties herein, or a Customer's violation of any rights of another.

10. GENERAL INFORMATION
The TOS constitute the entire agreement between Customers and Digital Tulip and govern each Customers use of the Service, superseding any prior agreements between Customers and Digital Tulip. The failure of Digital Tulip to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Customers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed by Customers within one (1) year after such claim or cause of action arose or be forever barred.