Terms of Use
Last updated: March 05, 2024Definition and Interpretation:
a. “Easy Platter” means Krava Inc. c.o.b as Easy Platter Personal Chefs, a company formed and existing pursuant to the laws of the Province of Nova Scotia.
b. “Independent Professionals” means trained and qualified professional chefs engaged by Easy Platter to provide the Services.
c. “Platform” means the Easy Platter website found at www.easyplatter.com or www.easyplatter.ca.
d. “Services” means the services offered by Easy Platter through the Platform, being the provision of Independent Professionals to attend at the User’s home at a time selected by the User to prepare certain meals selected by the User.
e. “User” or “you” shall mean the person receiving the Services.
Terms of Use
These Website and App Terms and Conditions cover your use of our Website and App and do not apply to the third party goods and services which are available for booking on our Website and App.
These Website and App Terms of Use do not govern the relationship as between Easy Platte (care of Krava Inc.) and our Independent Professional, other than in respect of access and use of our Website and App.
These Terms of Use set out the terms and conditions under which individuals may use the Easy Platter Platform and access the Services offered by Easy Platter.
Please read the terms and conditions below carefully before using the Platform or availing yourself of the Services. These Terms of Use comprise a legal agreement between you and Easy Platter. By using the Platform and ordering the Services, you are deemed to have read these Terms of Use and you agree to be bound by these Terms of Use, which shall govern your access and use of the Platform and Services.
Description of Services
Easy Platter provides a subscription service for meal preparation by Independent Professionals. In order to use the Services, Users must register for an account on the Platform and provide certain Registration Data (the “Account”). Easy Platter shall determine the appropriate Independent Professional to provide the Services to you based on this information.
Easy Platter will make reasonable efforts to provide quality meals. The User agrees that the meal quality and User experience may be impacted by the Independent Professional’s capabilities and experience, the User’s needs, and the personal tastes of the User.
User Accounts
The User must create an Account to access the Platform and use the Services. As part of the process to create, register and maintain your Account you must provide Easy Platter with certain current, complete, and accurate registration information, including, but not limited to, your name, e-mail address, address, phone number and dietary preferences, and other data or information reasonably deemed necessary by Easy Platter in order to provide the Services (the “Registration Data”). All Registration Data collected by Easy Platter is subject to the Easy Platter privacy policy found here: https://easyplatter.com/privacy-policy/
You agree that you will:
a. maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate;
b. maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Platform;
c. be responsible for all activities that occur under such password or account; and
d. notify Easy Platter as soon as possible of any loss of your password or fraudulent use of your Account.
You are solely responsible for your Account, including but not limited to: all Orders placed through your Account and all comments, reviews or submissions made under your Account.
By creating an Account, you represent and warrant that you are an individual of at least the age of majority.
Code of Conduct
As a condition of your access to the Platform and use of the Services, you agree that the following standards and restrictions apply to your conduct on the Platform and with the Independent Professionals:
a. You will not make available the Platform, or any features or functionality thereof, to any third party for any reason.
b. You will not make available the Services, or any part thereof, to the public or any third party for any reason.
c. You will not tamper with the Platform.
d. You will not use the Platform for purposes of competitive analysis, the development of competing products or services, copying and/or exploiting ideas, features, or functions of the Platform, or any other purpose that is to our disadvantage.
e. You will not attempt to circumvent and/or violate the security of the Platform, or otherwise gain unauthorized access to or impair any aspect of the Platform, or its related systems or networks.
f. You will not transmit, or procure the sending of, any advertisements, promotions, “spam”, “junk mail”, “chain letters”, or any other similar solicitation through the Platform.
g. You will not provide or contribute any false, inaccurate, or misleading information.
h. You will ensure that your premises is safe and welcoming for the Independent Professional.
i. You will not participate in any form of action or conduct that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground.
j. You will not participate in any form of action or conduct that is likely to cause annoyance, inconvenience, or needless anxiety to other users of the Platform or Independent Professional.
k. You will not participate in any form of action or conduct that is likely to upset, embarrass, or alarm any user of the Platform or Independent Professionals.
l. You will not participate in any form of action or conduct that may otherwise have a disruptive, destructive, or negative impact on Easy Platter, other users of the Platform, or Independent Professionals.
Termination of Account and Services
Easy Platter reserves the right to terminate or suspend access to your Account, to cancel any ordered Services, and to refuse to offer further Services to any person for any reason or no reason, including, without limitation, for a violation of these Terms of Use.
Cancellation of Services
The User may cancel any order for Services at any time by providing Easy Platter at least forty-eight (48) hours prior written notice of cancellation by email at “
[email protected]” or via their account online. If the User provides sufficient notice as provided above, Easy Platter will refund any fees for Services already paid by the User for such cancelled Services. Refunds will not be provided for a cancellation of Services on less than twenty-four (24) hours notice. A 50% refund would be provided for a cancellation between 48 and 24 hours.
Easy Platter may cancel any Services at any time, in its sole discretion, if you are in breach of these Terms of Use. Refunds for a cancellation of Services due to a User breach of these Terms of Use shall be entirely at the discretion of Easy Platter.
Changes to Meal Preparation Service:
If the User requests a change to an order for Services, the User must provide at least twenty-four (24) hours written notice to Easy Platter by email at “
[email protected]”. Any request for additional services, hours, meals or otherwise on less than twenty-four (24) hours notice will be accommodated only at the sole discretion of Easy Platter, which can be exercised unreasonably. If the User requests a reduction to ordered Services, Easy Platter reserves the right to treat the reduction as a cancellation pursuant to Section Termination of Account and Services.
Payment Terms
Fees for Services are posted on the Platform and agreed to by the User upon placing an order for Services (the “Fees”). Easy Platter may change its rates from time to time, at is sole discretion. The User agrees to the following payment terms:
a. Fees are collected by Easy Platter on the day the Services are provided.
b. Fees are collected using a third-party service provider. Payments are made subject to the third party’s terms of service and Easy Platter does not accept any responsibility or liability for the performance of such third party service provider. Easy Platter may charge User’s a fee for use of the third party service provider
In addition to the Fees, the User may, but is not required to, provide an additional gratuity to the Independent Professional. The entirety of any such gratuity will go to the Independent Professional.
Promotions
If the User enters any promotions on the Platform, separate terms and conditions may also apply in addition to these Terms of Use. In the event of a conflict between any additional terms and conditions and these Terms of Use, such additional terms shall prevail to the extent of the conflict.
Intellectual Property Rights
You understand and agree that the Platform and its entire contents, features, and functionality are owned by Easy Platter, its licensors, or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, “Easy Platter”, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Easy Platter. You must not use such marks without the prior written permission of Easy Platter.
By using the Platform, you agree to respect all copyright, trademark and other legal notices, information, and restrictions contained in any of the content that we provide through the Platform. Nothing herein shall be construed to grant you a right or license to reproduce content from the Platform, for any reason.
Non Solicitation of Easy Platter Employees and Independent Professionals
a. Non-solicitation. The User acknowledges that Easy Platter has made a substantial investment in recruiting, hiring, training and retaining the Independent Professionals. The User agrees that, for a period of one year commencing on the last provision of Services to the User, the User will not, directly or indirectly, solicit from any Independent Professional, services of the same or of a similar nature to the Services that Easy Platter provides to its Users.
b. Liquidated Damages. The User acknowledges that it would be difficult to estimate Easy Platter’s actual losses and damages if the User breaches the obligations set forth in Section 11.a. Should the User breach any of these obligations, the User agrees to pay to Easy Platter $2,500.00 as liquidated damages for each such breach by the User plus all reasonable costs that Easy Platter incurs in collecting such amount, including but not limited to its collection fees and legal fees. The User agrees that this amount represents a reasonable amount and the parties’ best estimate of Easy Platter’s expected actual losses and damages, including but not limited to, the cost that Easy Platter expended in recruiting, hiring, training and retaining the Independent Professional or the Independent Professional replacement, as well as forgone business opportunities, and other incidental and consequential damages. The User acknowledges that this amount is not a penalty. The User irrevocably authorizes Easy Platter to charge the User’s credit card for these liquidated damages, notwithstanding, any other notices or other directions that the User may have given Easy Platter.
Indemnities and Liabilities
a. Loss or Damage
The User agrees that Easy Platter, its Independent Professionals, employees and/or contractors are not responsible for any bodily injury, property damage, fire or theft incurred during the provision of the Services. The User further agrees to indemnity Easy Platter and the Independent Professionals for any such damages incurred during the provision of the Services, whether to themselves, residents of their premises, guests to their premises, or to the real or personal property of any of the foregoing. The User agrees that it will not leave their premises unattended by an adult during the provision of the Services by the Independent Professionals. Additionally, the User agrees that it will, and is responsible for, securing all valuables prior to the attendance of an Independent Professional at their premises. The User acknowledges and agrees that Easy Platter is not responsible for the acts of the Independent Professionals and agrees not to bring any action against Easy Platter for the conduct of the Independent Professionals.
b. Disclaimer of Warranties and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF EASY PLATTER AND CERTAIN AFFILIATED PARTIES, INCLUDING THE INDEPENDENT PROFESSIONALS. EACH OF THE SECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
i. "AS-IS" BASIS. Easy Platter provides the Platform and Services on an "AS IS" and "AS AVAILABLE" basis. YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN DISCRETION AND RISK.
ii. NO WARRANTIES. EASY PLATTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, EASY PLATTER DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE PLATFORM OR SERVICES. WITHOUT LIMITING THE FOREGOING, EASY PLATTER DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
iii. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCE WILL EASY PLATTER OR ANY AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE PLATFORM, YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY THIRD PARTY SITES, YOUR USE OF THE SERVICES, OR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU, THE INDEPENDENT PROFESSIONALS AND OTHER USERS.
iv. MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS, EASY PLATTER’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO EASY PLATTER IN CONNECTION WITH THE SERVICES IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $1,000.
v. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PLATFORM OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE PLATFORM AND SERVICES.
c. INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EASY PLATTER AND THE AFFILIATED PARTIES FROM AND AGAINST ANY CLAIMS, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF, OR INABILITY TO USE THE PLATFORM OR SERVICES; (II) ANY SUBMISSIONS THAT YOU PROVIDE; (III) YOUR BREACH OR VIOLATION OF THESE TERMS OF USE; (IV) YOUR VIOLATION OF THE RIGHTS OF ANOTHER PERSON OR ENTITY; OR (V) YOUR VIOLATION OF ANY APPLICABLE LAW. YOU AGREE THAT YOU WILL COOPERATE AS REASONABLY REQUESTED BY EASY PLATTER OR THE AFFILIATED PARTIES, AS APPLICABLE, IN THE DEFENCE OF SUCH CLAIMS. EASY PLATTER AND THE AFFILIATED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
General
a. Severability and Amendment. If a court declares any provision of this Agreement void or invalid, all other provisions of this Agreement remain binding and enforceable. All provisions of this Agreement, by their terms or reasonable implication, are intended to survive this Agreement and shall survive the terms of this Agreement. This Agreement, the subscription form, the cancellation policy, meal preparation service, are the complete understanding of the parties and no other promise or understanding is of any elect. No change to this Agreement would be made informally or orally, and all changes to this Agreement except the changes to meal preparation rates must be made in writing signed by all parties. Amended or new meal preparation services become a part of this Agreement.
b. Assignment. This Agreement and the obligations and rights of the parties set forth in the Agreement cannot be assigned without the written consent of the other party.
c. Waiver. No waiver of a default by either party will operate as a waiver of any future defaults, whether or not of like nature.
d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. Any lawsuit, or other legal proceeding brought with respect to any dispute between the parties or any claims arising from or in connection with this Agreement shall be brought in the Province of Nova Scotia. Each party hereto herby attorns to the jurisdiction of the courts of the Province of Nova Scotia.
e. Currency. All references to dollars in this Agreement and on the Platform shall be deemed to be references to the lawful currency of Canada in unless explicitly set out otherwise.
f. Independent Professionals. These Terms of Use do not govern the relationship between Easy Platter and our Independent Professionals, other than with respect to the access and use of the Easy Platter Platform.