Terms of Use Agreement
Effective Date: 9 January, 2025
Welcome to Pandeux! These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pandeux ("Company," "we," "our," or "us"), governing your use of our mobile application, website, and any related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
1. Use of the Platform
1.1 Eligibility: By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.
1.2 Prohibited Items: The sale of alcohol, marijuana, illegal drugs, game meats, and seafood regulated by state or federal laws is prohibited on the Platform.
1.3 Permitted Use: Users may not use the Platform to promote or sell non-food-related items. The Platform enables users to discover and purchase culturally unique cuisine prepared by independent chefs. You agree to use the Platform solely for its intended purpose and in compliance with all applicable laws.
1.4 Changes to Terms: Pandeux reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform constitutes your acceptance of the modified Terms.
2. Relationship Between Users and Chefs
2.1 Independent Chefs: The Platform serves as a marketplace connecting users with independent chefs. These chefs are not employees, agents, or representatives of Pandeux. They operate independently and are solely responsible for their offerings.
2.2 Chefs' Responsibilities: Chefs are responsible for obtaining and maintaining all necessary licenses, permits, certifications, inspections, and any other legal requirements mandated by their local, state, or federal governments to prepare and sell food. Pandeux does not verify or monitor the compliance of chefs with these requirements.
2.3 Consumer Responsibility: Consumers must independently verify ingredient lists with regards to allergies and dietary restrictions and hold Pandeux harmless for any miscommunicated ingredients. Chefs must act in good faith to honestly communicate any ingredient questioned by a consumer.
2.4 Transaction Obligations: Chefs and users are both required to fulfill the obligations of a completed transaction unless mutually agreed upon by both parties. Any exchange of funds must be decided between parties involved.
2.5 Ratings and Feedback: Ratings are encouraged to provide future clients with feedback on past experiences. Ratings cannot be changed.
2.6 No Liability: Pandeux is not liable for any agreements, transactions, or disputes between users and chefs. Users are encouraged to independently verify the credentials, certifications, and compliance of chefs before purchasing or consuming their offerings.
2.7 No Control Over Transactions: Pandeux does not control or guarantee the quality, safety, or legality of Meals provided, nor the ability of chefs to sell or customers to pay for Meals.
3. Description of Services
The Platform provides an online marketplace that connects personal chefs and other individuals who prepare and sell culturally unique meals ("Meals") to customers who browse and purchase these offerings. Users who purchase Meals through the Platform are "Customers," and users who list, prepare, and sell Meals are "Chefs." Users may be both Customers and Chefs.
Pandeux does not prepare, package, or sell food and is not a party to any purchase or sales transaction. All purchases are made directly between Customers and Chefs. Pandeux may assist in facilitating dispute resolution but does not guarantee the quality, safety, or legality of Meals offered.
3.1 Third-Party Delivery Services: Depending on the jurisdiction, delivery services for Meals may be provided by third-party independent contractors ("Couriers") at the discretion of the Chefs or Customers. Pandeux is not responsible for any actions or omissions by Couriers.
3.2 No Verification or Inspections: Pandeux does not verify chef licenses or inspect food preparation areas. Chefs are solely responsible for compliance with all legal and safety standards.
3.3 Promotional Material: Pandeux may use photos posted by chefs for use in promotional materials, including but not limited to Instagram and the Pandeux website.
4. Limitations of Liability
4.1 No Warranties: Pandeux does not warrant the quality, safety, legality, or suitability of any food or services provided by chefs through the Platform.
4.2 Assumption of Risk: By using the Platform, you acknowledge and accept the inherent risks of consuming food prepared by independent chefs. You agree to hold Pandeux harmless from any claims, damages, or losses arising from or related to your interactions with chefs, including but not limited to foodborne illnesses, allergic reactions, or other health concerns.
4.3 Independent Chefs: Each chef is solely responsible for ensuring compliance with all local, state, and federal laws, including those pertaining to food preparation, safety, and handling.
4.4 Marketplace Role: Pandeux provides a platform to facilitate connections but does not guarantee the existence, quality, safety, authenticity, legality, or delivery of Meals. Pandeux is not responsible for ensuring that transactions are completed or that Meals meet any specific expectations.
4.5 No Insurance: Pandeux does not provide insurance for Chefs or Customers. Chefs are encouraged to obtain insurance to cover their operations.
5. User Conduct
5.1 Prohibited Activities: You agree not to:
5.2 Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Users must immediately notify Pandeux of unauthorized use of their account. Users may not use false identities or create multiple accounts.
5.3 Third-Party Services: Pandeux may enable certain third-party integrations. You agree to comply with all applicable terms when using such services.
5.4 Compliance with Local Laws: Users are responsible for adhering to all applicable laws and regulations in their use of the Platform, including laws related to food safety, preparation, and delivery.
6. Intellectual Property
6.1 Ownership: All content on the Platform, including but not limited to logos, trademarks, designs, text, and graphics, is owned by or licensed to Pandeux and is protected by intellectual property laws.
6.2 Limited License: You are granted a limited, non-exclusive, and non-transferable license to access and use the Platform for personal, non-commercial purposes.
6.3 User Content: Any content uploaded by users, including reviews, recipes, and images, grants Pandeux a worldwide, royalty-free, sublicensable license to use, display, and distribute such content. Pandeux may also use photos posted by chefs for promotional purposes, including but not limited to Instagram and the Pandeux website.
7. Indemnification
You agree to indemnify and hold harmless Pandeux, its affiliates, officers, directors, and employees from and against any claims, damages, liabilities, and expenses arising from or related to your use of the Platform, your interactions with chefs, or your violation of these Terms.
8. Dispute Resolution
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Louisiana.
8.2 Arbitration: Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.
8.3 Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in a class or collective action.
8.4 Pre-Arbitration Resolution: Users must attempt to resolve disputes through good faith negotiations before initiating arbitration.
9. Termination
Pandeux reserves the right to terminate your account and access to the Platform under the following circumstances:
9.1 Breach of Terms: If you violate any provisions of these Terms or fail to comply with applicable laws and regulations.
9.2 Fraudulent or Illegal Activity: If we suspect fraudulent, abusive, or illegal activity associated with your account.
9.3 Inactivity: If your account remains inactive for an extended period as determined by Pandeux.
9.4 Notice of Termination: Termination will be effective immediately upon notice to you. Any suspected violations may be referred to law enforcement authorities where applicable.
9.5 Hold Harmless for Termination: You agree to hold Pandeux harmless for any lost moneys or refunds due to past, current, or future transactions as a result of termination of your account.
Upon termination, your right to use the Platform ceases immediately. Pandeux may retain any content or data as required by law or its internal policies.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Pandeux Support
support@pandeux.com
By using the Pandeux Platform, you acknowledge that you have read, understood, and agree to these Terms of Use.
Version 1.0
01/09/2025
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