These Terms & Conditions (this “Agreement”) apply to your access and/or use of the online marketplaces through websites, mobile applications, and other platforms that enable you or other users to access the Services provided by Ms. Hungry (collectively, the “Sites”) and the content, features, subscriptions, blogs, application uses, chefs, services as downloaded and/or purchased from the web platform or from an app store, and services (collectively the “Services”). “We”, “Ms. Hungry”, “Hungry”, “MSH” mean the Ms. Hungry limited liability company located at 14271 Jeffrey Rd Suite #299 Irvine, CA 92620, being this company (“Ms. Hungry”) that is providing the Services to you. The terms “User” and “you” mean any user of the Services, whether a user, purchaser, chef, consumer, or provider.
For clarity, these Terms and Conditions apply to your use of the Services, whether on a personal computer, laptop, tablet, on a mobile device, on our website, or any other website. If you do not agree to these terms or any future updated version of them then you must NOT use, and must cease all use of any of Our Services. If any future update to these terms requires a click to accept, then you may not be able to continue to use the Services until you have clicked to accept the updated terms.
USER TYPES AND DEFINITIONS
The Ms. Hungry Sites enable users such as customers (i.e., Ms. Hungry users ordering food dishes and/or catering services and/or in home chef services using the platform, herein referred to as the “Customers”), cooks and/or chefs (i.e., Ms. Hungry users providing cooking services, catering services, and/or in home food preparation services on the Ms. Hungry platform, herein referred to as the “Cooks” or “Chefs”); to (i) sign up with the Ms. Hungry platform, (ii) if you are a Cook or Chef, enable you to edit your Ms. Hungry profile.
You acknowledge that your ability to benefit from the above Services provided by the Ms. Hungry Sites, as the case may be, though the use and visit of Ms. Hungry Sites does not establish Ms. Hungry as a provider of cooking or rental services.
About Ms. Hungry:
MSH was founded by food seekers. At MSH, We understand the desire to find your favorite homemade foods and also to experience new foods. Sometimes these new foods can only be found through local chefs or homebound chefs. At MSH, We aim to connect you with food providers, local food providers, in your area, who are making what you are looking for.
MSH is also a provider for chefs. We want to help Chefs connect with individuals and showcase their talents. For this reason, We provide a platform that provides Chefs with an ease of connecting to everyday people in your community that want the services you can provide.
In this way, MSH provides the platform and the means to allow people, Chefs, and others to safely share delicious, qualified, homemade food and talents with one another, elevating home food sharing, which was previously only available through restaurants. MSH takes food services and food providers to the next level!
For any additional questions about our services or how we improve the food supply, please contact us via:
14271 Jeffrey Rd Suite #299
Irvine, CA 92620
Our web contact form at:
1. Access and Use
By accessing or using the Services or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. MSH may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account.
Additionally, the Services may be made available via the “app store” or another platform that is downloaded (such as the Apple App Store, Google Play Store, Amazon App Store, the Windows Phone Store), on any website or platform where you can potentially download. You agree that by accessing and/or using our Services, you are agreeing to these Terms and Conditions.
You agree that you are at least 13 years of age and/or that you are only providing the Services to employees and/or affiliates that are at least 13 years of age. You agree that if you, or any of those you are sharing the Services with are between the ages of 13 years of age and 18 years of age, a legal parent or guardian has reviewed and agrees to these Terms and Conditions and is happy for You to access and/or use our Services.
You can access the latest version of these Terms and Conditions any time at: http://www.mshungry.com/terms/.
We reserve the right to make changes to these Terms and Conditions at any time in accordance with those Terms herein. Your continued use of our Services after the Terms and Conditions have been updated shall confirm your acceptance of the updated Terms and Conditions.
4. Updates to Terms and Conditions & Services
MSH reserves the right to modify these Terms and Conditions from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the MSH Sites, Home and/or Chef's locations and/or Order Pick-up Locations, and/or Merchants. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
MSH reserves the right to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the MSH Sites, Home and/or Chef's menus and/or Order Pick-up Locations, and/or Merchants. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
5. Intellectual Property
The features, information, and materials provided through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “MSH Content”) are provided to the User by MSH, or its partners or licensees solely to support User’s permitted use of the Services. The MSH Content may be modified from time to time by MSH in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the MSH Content by User shall constitute a material breach of this Agreement. MSH and its partners or licensees retain all rights in the Services and MSH Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of MSH or any third party is granted under this Agreement.
6. Restrictions & Termination
The Services and MSH Content are offered solely for the User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. MSH expressly reserves all its rights and remedies under applicable laws. MSH reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. MSH may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, MSH may suspend your access to the Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any of the Services. You agree that MSH shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement.
Cancellation requests by paid registrants must be made at least 30 days before the event. MSH and it's third party Chef’s reserve the right to refuse service and registration to anyone, for any reason.
During use of The Services you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations. Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own Home and/or Chef's site and/or Order Pick-up Location or any Merchant and/or Home and/or Chef's site and/or Order Pick-up Location of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to MSH may be displayed publicly with such User Content. MSH reserves the right (but has no obligation) to monitor, remove, or edit User Content in MSH’s sole discretion, including if User Content violates this Agreement (including any MSH Policies), but you acknowledge that MSH may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant MSH a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to Merchant and/or Home and/or Chef's site and/or Order Pick-up Locations, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of MSH. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. MSH takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
8. Representations and Warranties
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by MSH and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at MSH’s request) defend MSH, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “MSH Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
8. Limitations on Liability
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL MSH BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE MSH SITES, SERVICES, THE MSH CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY MERCHANT LOCATION, CHEF LOCATION, FOOD SUPPLIER, OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY CHEF OR MERCHANT OR FOOD SUPPLIER IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE MSH SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE MSH CONTENT. MSH IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY CHEF, OR MERCHANT, OR FOOD SUPPLIER FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND MSH CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL MSH CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. MSH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. MSH DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MSH WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. MSH SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MSH.
MSH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, MSH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF MSH WEBSITE OR ANY SERVICES REQUESTED THROUGH THE USE AND VISIT OF MSH WEBSITE, OR THAT MSH WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
MSH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF COOKS OR CHEFS
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE AND VISIT OF MSH WEBSITE, AND ANY RELATED SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATIONS OF LIABILITY:
MSH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF MSH WEBSITE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MSH, EVEN IF MSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MSH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OR VISIT OF OR RELIANCE ON MSH WEBSITE AND ITS RELATED SERVICES OR YOUR INABILITY TO ACCESS OR USE MSH WEBSITE, EVEN IF MSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MSH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MSH’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MSH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MSH’S CHOICE OF LAW PROVISION SET FORTH BELOW.
10. Third Parties
The Services may contain links to websites and applications operated by parties other than MSH. Furthermore, there may be merchants and/or Home and/or Chef’s sites and/or pick-up locations operated by parties other than MSH. Such links and locations are provided for User’s reference only, and MSH does not control such websites and is not responsible for their content. MSH’s inclusion of any links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. MSH assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service, including any license transferability and other usage rules therein.
Ms. Hungry occasionally works with third party chefs, when these chefs and/or food suppliers meet the highest standards set by Us. Under these circumstances, know that Ms. Hungry is unable to control third parties. Ms. Hungry is unable to offer any guarantees, warranties, or the like with respect to third party services and or the handling of data by third parties.
11. Contractors and Merchants
You understand and agree that Ms. Hungry provides a technology platform connecting you with independent food service providers, as well as, a delivery service. You understand and agree that in some circumstances, others may provide the products offered through the Services (“Merchants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that Ms. Hungry, in some circumstances, may not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor.
Furthermore, Ms.Hungry will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that Ms. Hungry is not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and does not verify Merchants’ compliance with applicable laws or regulations. Ms. Hungry has no responsibility or liability for acts or omissions by any Merchant or Contractor.
You agree that in some cases, the goods that you purchase may be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor may be directed by your instructions to transport the products to your designated delivery location. You agree that, in some circumstances, neither the Contractor nor Ms. Hungry holds title to or acquires any ownership interest in any goods that you order through the Services.
For this reason, Ms. Hungry is unable to provide any assurances with respect to food allergies and the like.
Furthermore, User agrees and acknowledges that all Services are provided by Chefs and that the Chefs are the preparers of food. All Users agree and acknowledge that only a Chef can be held liable for any food poisoning, food allergies or the like and this information (such as allergies) must be clearly communicated by the User to the Chef.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by MSH.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Purchasing any product or service made available by MSH (“Purchase”), may require you to provide certain information relevant to your Purchase, including, but not limited to, credit card information, billing address, shipping address, name, and account information.
When purchasing from MSH, You represent and warrant that: (1) You have the legal right to make a Purchase and/or enter into an Agreement with MSH for services in connection with any Purchase; and (2) that the information You provide is accurate and complete.
We reserve the right to refuse and/or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, errors in the order, or for any other reasons. Additionally, we reserve the right to refuse and/or cancel your order if fraud or unauthorized or illegal transaction is suspected or the terms of this Agreement are violated in any way.
Prices and Changes. You understand that: (1) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Chefs and/or Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold; (2) MSH has no obligation to itemize its costs, profits or margins when publishing such prices; and (3) MSH reserves the right to change such prices at any time, at its discretion.
No Refunds permitted. Charges paid by you for completed and delivered orders are final and non-refundable. MSH has no obligation to provide refunds or credits, but may grant them, in each case, at MSH’s sole discretion.
MSH may charge other fees for services. MSH may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees. MSH may also charge merchants fees on orders that you place through the Services, including commissions and other fees, and may change those merchant fees as we deem necessary or appropriate for our business or to comply with applicable law.
16. Payment Terms
We are frequently updating our products and service offerings. The products and services available may be mispriced, described inaccurately, or unavailable, and/or we may experience delays in updating information on the Services and/or in our advertising. You expressly agree that any such offer of a product and/or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, products, specifications, availability, and/or services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
If We do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services. You authorize us to charge outstanding fees and other amounts due to Us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.
If your account is more than 30 days past due, and is forwarded to a collection agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the Services at any time. At our sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date and good standing. We will notify members receiving such grandfathered rates prior to the implementation of any price change. If We modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on Our website.
17. Order Pick Up
We offer a 15 minute grace period after the delivery window. Any orders not picked up by the end of the grace period will be immediately discarded. No refunds will be made.
Any promotions offered by third party merchants and/or offered by Home and/or Chef’s sites and/or offered by pick-up locations can not be guaranteed or validated by MSH. These promotions are the exclusive promotions of the third-party and are not promotions of MSH.