👨‍🍳 Our Kitchen

Terms and Conditions

Please read these terms carefully before using Our Kitchen platform

Last Updated: April 2024

The following terms and conditions (the "Terms") govern your use of the Our Kitchen mobile application, website, and any related services (collectively, the "Service") operated by Our Kitchen, LLC and its affiliates ("Our Kitchen," "we," "us," or "our").

By accessing or using any part of the Service, you represent that you are at least eighteen (18) years old and that you have read, understand, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

I. Nature of the Service

Our Kitchen is a technology platform that connects food lovers ("Customers") with independent local home-based kitchens ("Kitchens").

What Our Kitchen Is NOT:

  • Not a restaurant
  • Does not prepare, package, sell, or deliver food
  • Does not process, collect, or hold payment information
  • Does not act as an agent for payment collection

Important: All food purchases are transactions solely between Customers and Kitchens. Payments must be made directly to the Kitchen at the time of pickup (or as otherwise agreed directly between you and the Kitchen). Our Kitchen is not a party to the payment transaction.

II. Registration and Account Security

To use certain features of the Service, you may be required to create an account and provide accurate, current, and complete information.

Your Responsibilities:

  • Provide accurate and complete Registration Data
  • Maintain the confidentiality of your login credentials
  • Promptly update your information as necessary
  • Be responsible for all activity under your account

You may maintain only one active account unless expressly authorized by Our Kitchen. If you become aware of unauthorized use of your account, you must notify us immediately at: support@ourkitchenapp.com

III. Orders and Payments

A. Direct Payment to Kitchens

Our Kitchen does not process payments. All payments are made directly to the Kitchen. Payment terms (cash, digital wallet, card reader, etc.) are determined solely by the Kitchen.

Payment Disputes: Any disputes regarding payment, pricing, refunds, or cancellations must be resolved directly between the Customer and the Kitchen. Our Kitchen does not store credit card information and does not guarantee the availability of any specific payment method.

B. Pricing and Availability

Kitchens are solely responsible for:

  • Menu descriptions and accuracy
  • Pricing and portion sizes
  • Availability and stock management
  • Applicable taxes and fees

Our Kitchen does not guarantee the accuracy of menu listings.

IV. Food Safety and Risk Acknowledgment

Kitchens listed on the Service may operate as home-based food businesses and may be subject to local cottage food laws or other applicable regulations.

Risk Acknowledgment:

By ordering food through the Service, you acknowledge and agree that:

  • Food is prepared by independent Kitchens, not by Our Kitchen
  • Our Kitchen does not inspect kitchens or guarantee compliance with local health regulations
  • You are responsible for reviewing ingredient information and allergen disclosures
  • You assume all risks related to food consumption, including allergic reactions or foodborne illness

Our Kitchen DISCLAIMS ANY LIABILITY ARISING FROM FOOD PREPARATION, INGREDIENTS, ALLERGENS, OR FOOD SAFETY.

V. User Content

You may post reviews, comments, images, and other content ("User Content"). You are solely responsible for your User Content.

You may not post content that:

  • Is false, misleading, or defamatory
  • Harasses, threatens, or abuses others
  • Infringes intellectual property rights
  • Contains private personal information
  • Violates any law or regulation

VI. Prohibited Uses

You agree not to use the Service to:

  • Violate any law or regulation
  • Impersonate another person or business
  • Post harmful software or malicious code
  • Artificially manipulate reviews or ratings
  • Create fake accounts
  • Scrape, copy, or harvest data without written permission
  • Interfere with the operation of the Service

VII. Intellectual Property Rights

All content on the Service, excluding User Content, including logos, design, text, graphics, and software, is owned by or licensed to Our Kitchen and protected by intellectual property laws.

You are granted a limited, revocable, non-transferable license to use the Service for personal use only. You may not copy, reproduce, or modify the Service, reverse engineer the software, or use the Our Kitchen name or branding without written permission.

VIII. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Our Kitchen DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IX. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Our Kitchen SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes claims arising from:

  • Your use of the Service
  • Food prepared by a Kitchen
  • Payment disputes
  • User Content
  • Third-party actions

Our total liability shall not exceed $100 or the amount you paid to Our Kitchen in the last 12 months (if any), whichever is greater.

X. Indemnification

You agree to indemnify and hold harmless Our Kitchen and its officers, directors, employees, and affiliates from any claims, damages, liabilities, or expenses arising out of:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law
  • Food prepared or sold by you (if you are a Kitchen)
  • Disputes between you and another user

XI. Arbitration and Dispute Resolution

Informal Resolution First

You agree to first contact us to attempt good-faith resolution of any dispute.

Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA).

Class Action Waiver

You agree that any claims will be brought only in your individual capacity and not as part of any class or representative action.

You may opt out of arbitration within 30 days of first using the Service by emailing support@ourkitchenapp.com

XII. Governing Law

These Terms shall be governed by the laws of the state in which Our Kitchen is headquartered, without regard to conflict of law principles.

If arbitration does not apply, disputes shall be resolved exclusively in the state or federal courts located in that jurisdiction, and you consent to their jurisdiction.

XIII. Other Important Terms

Kitchen Responsibilities

If you are a Kitchen, you represent and warrant that you comply with all applicable local, state, and federal food laws, have all required licenses or permits, and will properly disclose common allergens.

Third-Party Services

The Service may link to third-party websites or tools. Our Kitchen does not control or endorse third-party services and is not responsible for their content or actions.

Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described therein.

Suspension and Termination

We may suspend or terminate your account at our sole discretion if you violate these Terms or engage in conduct harmful to the Service or other users.

Entire Agreement

These Terms constitute the entire agreement between you and Our Kitchen regarding your use of the Service and supersede all prior agreements.