Last Updated: November 25, 2019
Welcome to Marco’s Kitchen! You are now reading our Terms of Service (“Terms”), an agreement between you and Marco Perocco Personal Chef (“ Marco’s Kitchen ”), for your use of our online website and service. The website and service are available at https://marcoskitchen.it/ (the “Site”).
To make these Terms easier to read, our online website and service are called the “Services.” You should read the Terms carefully before you use the Services – we’ve tried to be straightforward and if you have any questions feel free to send us a note at [email protected] We want you to feel comfortable using the Services and will happily answer any questions you have.
What’s With The Defined Terms?
You’ll notice that some words appear in quotes in the Terms. They’re called “defined terms,” and we use them so we don’t have to repeat the same language again and again, and to make sure that the Terms are consistent. We’ve included the defined terms throughout because we want it to be easy for you to read them in context.
- “Host” is Marco’s Kitchen who offers and provides a Culinary Experience.
- “Traveler” is who requests a booking of a Culinary Experience via the Services.
- A “Culinary Experience” is a customized dining experience provided by a Host to a Traveler and might include a meal, cooking experience, or market visit, which is available for purchase by Travelers via the Services.
Your access to the Site and use of the Services is at your own risk and Marco’s Kitchen disclaims all warranties, express or implied, and limits its liability in these Terms. You’ll see that we’ve included a disclaimer towards the end of these Terms. If, during your Culinary Experience, or through your use of the Services, you’re subjected to behavior you believe is offensive, threatening, dangerous or otherwise illegal, or if you suspect theft of, or damage to, your property or personal belongings, you should immediately contact the appropriate local authorities or safety emergency agency (calling 112 , the local public emergency safety agency).
Agreement Between You And Marco’s Kitchen
Agreeing to our Terms
By accessing the Site or using our Services, you agree to be bound by these Terms, whether or not you have registered with the Services. If you don’t agree, then you shouldn’t, and in fact aren’t permitted to, use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Certain areas of the Site or features of the Services may have additional terms and you should read those additional terms. If there’s a conflict between these Terms and the additional terms, the additional terms will govern your use of those areas of the Site or features of the Services.
Changes to Terms or Services
We can change the Terms at any time. If we do so, we’ll let you know either by posting the changed Terms on the Site or through other communications. We’ll also update the “Last Updated Date” at the top of these Terms. It’s important that you review the changed Terms because if you continue to use the Services after we’ve let you know that they’ve been changed, you’re telling us that you agree to be bound by the changed Terms. If you don’t agree to be bound by the changed Terms then you’re not allowed to use the Services anymore – sorry! We’re always striving to make the Services better and because they’re evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion. As an example, we might stop providing a feature that our users don’t like or use very often.
Using the Services
You can only use the Services if you are 18 years or older and are not barred from using the Services under applicable law.
If you want to use certain features of the Services, you’ll need to create an account with a username and password (an “Account”) and become a “Member”. You can do this via our Website or through your account with certain third-party social networking services such as Facebook (an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate and complete information and you promise to keep your Account information up to date. If you don’t, we might have to suspend or terminate your Account. You agree not to share your password and you’ll let us know if there is any unauthorized use of your Account. You’re responsible for all activities that occur under your Account and you’ll immediately tell us about any unauthorized use of your Account.
How Much Does It Cost To Book a Culinary Experience?
As a Traveler, you’ll have to pay the Total Culinary Experience Fees (described above) in order to enjoy a Culinary Experience. We’ll tell you what the Total Culinary Experience Fees will be during the booking process, which may include applicable taxes and payment processing fees. Exact pricing is based on the number of people traveling and the exact service being requested (a meal vs. a meal and cooking experience, for example). At the time of booking, Travelers requesting to book will be provided the complete pricing breakdown and will be asked to enter their credit card information. The credit card will only be charged once we confirm the booking. We accept all major credit cards which are processed via Stripe’s secure processing system.
If you make a request for a booking via the Services, you agree that (a) we may charge your credit card for verification, pre-authorization and payment purposes (and such charges are fully effective as payments); (b) you agree to bear any additional charges that your bank or other financial service providers may levy on you as well as any Taxes that may apply to you. You’ll receive a confirmation email once the Confirmed Booking transaction is complete. If you have any concerns or objections regarding charges, you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us.
Your Contract With us
What If The Traveler Cancels?
You, as a Traveler, may cancel a
- Confirmed Booking of a scheduled cooking class for a full refund by contacting us up to forty-eight (48) hours before your Culinary Experience is scheduled. If your Culinary Experience is scheduled to take place within forty-eight (48) hours, you will not be entitled to a refund.
- Confirmed Booking of a private cooking class, chef service or team building activity for a full refund of the deposit paid by contacting us up to seven (7) days before your Culinary Experience is scheduled. If your Culinary Experience is scheduled to take place within seven (7) days, you will not be entitled to a refund of the deposit paid.
In both cases, the Traveler will be refunded within a commercially reasonable time after the cancellation date.
What If Marco’s Kitchen Cancels?
Marco’s Kitchen may cancel a Confirmed Booking due to force majeure. In this case, the Traveler will be refunded the total amount paid so far within a commercially reasonable time after the cancellation date.
What’s The Deal With The Content On Marco’s Kitchen site?
You’ll notice that there’s a lot of great content on the Site. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available via the Services.
Some of the Content belongs to us, and we own those photographs. If, on the other hand, you provide the photographs then we don’t own those photographs. Any Content that you provide to us, including feedback about the Services, is called “Your Content”. Your Content (not surprisingly!) is yours and nothing in these Terms restricts any rights that you have to use it now and forever. We do however, need to get some permissions (also called “rights”) from you to make Your Content available via the Services. These permissions are described below.
Subject to your ownership of Your Content, we own all rights in the Services and Content, including all associated intellectual property rights. This includes any Content that we create or that is created by a third party for, or on behalf of, Marco’s Kitchen, and of course, just as you can use Your Content in any way you like, we can also use our Content in any way we like – e.g. we can sell it or use it for advertising.
The Services and Content are protected by copyright, trademark, and other laws of Italy and foreign countries so you agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights You Grant to Marco’s Kitchen
By making Your Content available on or through Services you hereby grant to Marco’s Kitchen a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit Your Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.
Rights Marco’s Kitchen Grants to You
Subject to your compliance with these Terms, Marco’s Kitchen grants you a limited, non-exclusive, non-transferable license to (i) access and view any Content that belongs to Marco’s Kitchen solely for your personal and non-commercial purposes when you are using the Services; (ii) access and view any Content that belongs to other Members to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser (such as MS Internet Explorer, Firefox, Safari, etc.), solely for the purpose of providing and booking Culinary Experiences, as permitted herein. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content, Services or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Marco’s Kitchen or its licensors, except for the licenses and rights expressly granted in these Terms.
Don’t Do Bad Things
We really want everyone to have a great experience and to feel safe when using the Services. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with the User Conduct Terms, set forth below. If you don’t we might have to suspend or terminate your Account.
User Conduct Terms
In connection with your use of the Services you agree that you won’t:
- use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by Marco’s Kitchen or that would violate any laws;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the Accommodations;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation Tax regulations and data protection regulations;
- cause any damage to the location or to the other property, real or personal of Marco’s Kitchen or other Traveler;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
- “stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Traveler;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Services, or any individual element within the Services, Marco’s Kitchen’s name, any Marco’s Kitchen trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Marco’s Kitchen’s express written consent;
- access, tamper with, or use non-public areas of the Services, Marco’s Kitchen’s computer systems, or the technical delivery systems of Marco’s Kitchen’s providers;
- attempt to probe, scan, or test the vulnerability of any Marco’s Kitchen system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Marco’s Kitchen or any of Marco’s Kitchen’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or content on the Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Marco’s Kitchen’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or of our User Conduct Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements, including providing such authorities with access to any Content on the Site.
Marco’s Kitchen respects copyright law and expects its users to do the same. It is Marco’s Kitchen ’s policy to terminate, in appropriate circumstances, Account holders who repeatedly infringe the rights of copyright holders.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such third-party websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate these Terms or your access to the Services, at our sole discretion and without liability to you, at any time and with or without prior notice to you. Upon any termination, or cancellation of the Services, the following provisions will survive: What’s the Deal With The Content On Marco’s Kitchen?; Rights You Grant to Marco’s Kitchen; Disclaimers; Limitation of Liability; and Dispute Resolution. Upon any termination, discontinuation or cancellation of the Services or your Account, we’ll promptly pay you any amounts that we in our discretion determine we are legally obligated to pay you.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MARCO’S KITCHEN. MARCO’S KITCHEN EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER, OR OTHER THIRD PARTY.
You will defend, indemnify and hold Marco’s Kitchen and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, regulatory fines, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services or Content, including without limitation your booking or provision of a Culinary Experience; (ii) your breach of these Terms; or (iii) Your Content.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, YOUR PROVIDING OR BOOKING OF ANY CULINARY EXPERIENCES VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER MARCO’S KITCHEN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR USE, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR PROVIDING OR BOOKING OF ANY CULINARY EXPERIENCES VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARCO’S KITCHEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, OR REFUND AMOUNTS TO THE APPROPRIATE TRAVELERS IF APPLICABLE, IN NO EVENT WILL MARCO’S KITCHEN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARCO’S KITCHEN AND YOU.
These Terms and any action related thereto will be governed by the laws of Italy without regard to its conflict of laws provisions. To the extent that an action is related to the General Data Protection Regulation (Regulation 2016/679), that action will be governed by the laws of the country where the data at issue originated.
Agreement to Arbitrate
You and Marco’s Kitchen agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the breach, termination, enforcement, interpretation or validity thereof, or (b) the use of the Site, Services, or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (2), an “IP Protection Action”). The exclusive forum, jurisdiction and venue of any IP Protection Action will be the Italy courts located in Milan Italy and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Marco’s Kitchen are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Marco’s Kitchen otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable in a putative class or representative proceeding, then the agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Each party will appoint an arbitrator and while the third arbitrator, who will be assigned the duties of president, will be appointed by the appointed arbitrators and in the event of their disagreement or inaction, the appointment will be made, at the request of the most diligent party, by president of the court of Milan-Italy.
The place of arbitration is fixed in Milan-Italy The language of the proceedings will be Italian. The arbitration panel will decide within a period of 30 days according to the law and in respect of the forms and ways referred to in art. 806 ss. Code of Civil Procedure and the adversarial principle.
The award will be) challengeable pursuant to art. 829, co. 3, c.p.c. for violation of the rules of law relating to the merits of the dispute. In the event the court of appeal will decide the merit of the dispute in the cases referred to in art. 830, co. 2, c.p.c.
Notwithstanding the terms of “Changes to Terms or Services” above, if Marco’s Kitchen changes this “Dispute Resolution” Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]. ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Marco’s Kitchen’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Marco’s Kitchen in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Marco’s Kitchen and you regarding the Site, Services, and Content, and any bookings or provision of Culinary Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Marco’s Kitchen and you regarding the Services, Content, and any bookings or provision of Culinary Experiences made via the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Marco’s Kitchen’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Marco’s Kitchen may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Marco’s Kitchen to you under these Terms, including those regarding modifications to these Terms, will be given by Marco’s Kitchen: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. These Terms apply only to Marco’s Kitchen and you. These Terms are not intended to, and shall not, create any third party beneficiary rights, except as expressly provided in these Terms.
Marco’s Kitchen’s failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Marco’s Kitchen. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Your opinion matters to us! If you’d like to provide feedback to us about the Services, please go ahead by emailing us at [email protected].
You Are Done!
Phew! You made it through our Terms – good for you! Now go and enjoy the Services and Marco’s Kitchen!