Privacy Policy

At freshcooks.com the protection of your personal information has always been a top priority. FreshCooks’ Policy regarding the collection, use and disclosure, if any, of personal information is subject to the British Columbia Personal Information Protection Act and Canada's Personal Information Protection and Electronic Documents Act.

  1. Accountability
    FreshCooks is responsible for personal information under its control. We have designated a Privacy Officer who 
    is accountable for our compliance with this Policy and all applicable privacy laws. All FreshCooks employees are responsible for day-to-day compliance.
    When we use trusted third parties to act on our behalf by performing such functions as providing the Chef services, contractual or other appropriate means are used to ensure compliance by such third parties with this Policy and all applicable privacy laws. 
    Our website may contain links to other websites. We are not responsible for the privacy practices of other web sites. 
    We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by FreshCooks.
    Please review the terms of use for more information.
  2. Identifying Purposes
    Unless the purpose is self-evident due to the nature of the transaction in question, FreshCooks will identify the purposes for which personal information is collected at or before the time the information is collected.
    The 
    proposed purposes will be described in a reasonably understandable manner. An example of a self-evident purpose is requesting the name and address of the person placing an order in order to ensure proper delivery.
    If you become 
    a registered user of our website, then you choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join.
    And you control the persons with whom you share that 
    information through the privacy settings in your profile.
  3. Consent
    We will collect, use or disclose your personal information only with your knowledge and consent, except where required or permitted by law.
    FreshCooks will not make your consent a requirement to the supply of a product or a 
    service other than required to be able to supply the product or service. Consent can be express or, in some circumstances, implied, and given in writing, by using or not using a check-off box, electronically, orally (in person or by telephone), or by your conduct, such as use of a product or service.
    In determining the type of consent to 
    obtain, FreshCooks will consider all relevant factors, including the sensitivity of the information and your reasonable expectations.
    You may withdraw your consent at any time, on reasonable notice, subject to legal or 
    contractual restrictions.
    FreshCooks will inform you of the implications of doing so. See technology and security.
  4. Limiting Collection
    The collection of personal information by FreshCooks will be limited to what is necessary for the purposes which it identifies.
    We will collect personal information by fair and lawful means.
  5. Limiting Use, Disclosure, and Retention
    Personal information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required or permitted by law. It will be retained only as long as necessary for these purposes or as required by law. 
    We may disclose your personal information to:
    1. Parties in the context of a sale, financing or reorganization or potential sale, financing or reorganization of our business, provided that they agree to be bound by this Policy with respect to your personal information, 
    2. Parties to whom we have agreed to provide anonymized and/or aggregated data, though we will remove personal identifiers before we do so, and 
    3. Parties with whom we have contracted to process data, including parties who are located in countries or jurisdictions other than the one in which you reside (when this occurs, your personal information becomes subject to the laws of those jurisdictions).
  6. Accuracy
    We will keep your personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used.
  7. Safeguards
    FreshCooks will protect personal information by security safeguards appropriate to the sensitivity of the information, including through the use of the following measures: physical (e.g., locked filing cabinets, restricted access, appropriate disposal of personal information), organizational (e.g., security clearances, access only on a "need to know" basis), technological (e.g., passwords, encryption) and training of employees. See technology and security.
  8. Openness
    Information about our policies and practices relating to the management of personal information will be made readily available to individuals.
  9. Individual Access
    Upon request, FreshCooks will inform you of the existence, use and disclosure of personal information relating to you, and give you access to that information.
    You have the right to challenge the accuracy and completeness of your 
    information and have it amended as appropriate.
    However, in certain circumstances permitted by law, this 
    information will not be disclosed to you. Some examples of these circumstances are information that contains references to other individuals, that cannot be disclosed for legal, security or commercial proprietary reasons, or that is subject to solicitor-client or litigation privilege.
  10. Contacting us and/or Challenging Compliance
    For anything to do with this Policy, including questions or comments, or to challenge our compliance with this Policy, please contact us as follows:

    Privacy Officer
    The services hereunder are offered by 1001336 BC Ltd., located at
    1001336 BC Ltd
    P.O. Box 18603 Ladner PO
    Ladner, BC
    V4K 4V7
    info@freshcooks.com

    FreshCooks will inform individuals who make enquiries or lodge complaints about its enquiry or complaint procedures, as applicable.
    If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.
    Of course, this Policy is subject to PIPA and PIPEDA and/or any other applicable privacy laws and FreshCooks’ right to change it at any time.

 

Terms of Services

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY FRESHCOOKS, INC. ("FRESHCOOKS"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.FRESHCOOKS.COM (THE "SITE") AND ALL SERVICES PROVIDED BY FRESHCOOKS ON THE SITE.

This web site ("Site") is provided by 1001336 BC Ltd., doing business as FreshCooks (“FreshCooks”), as a service to our customers.
The Site includes without limitation (a) services offered through FreshCooks.com and other on-line services accessible via the Site; (b) services offered at your home or other location where FreshCooks contractors may perform services for you ("Services"); and (c) information such as information about products, programs, pricing, marketing and other valuable information and content such as data, text, photographs, graphics, messages or other materials ("Content").

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and Policies referenced herein and/or available by hyperlink. This Agreement applies to all uses of the Site.

FRESHCOOKS POLICIES (which form part of the these Terms and Conditions and are incorporated herein by reference), are as follows:
WE ENCOURAGE YOU TO FAMILIARIZE YOURSELF WITH THESE POLICIES, AS FAILURE TO FOLLOW THEM WILL BE A BREACH OF THIS AGREEMENT.
  1. FreshCooks is an Online Meeting Place
    FreshCooks acts as a meeting venue to allow you to purchase the services of Personal Chefs listed on this Site, who offer their services directly to you. 
    FreshCooks does not transfer legal ownership of items from the Chef to the buyer, and the Chefs are not employed by us. FreshCooks is not directly involved in the transaction between you and a Chef, other than to facilitate the choice of meals, the scheduling of services and payment for the services. 
    While FreshCooks makes all reasonable efforts to ensure that Chefs have the necessary skills and insurance, and meet our other requirements, we have no control over the quality or safety of the meals prepared by a Chef, or over other behaviors of the Chefs. You may view the chefs contract here.  
    You agree that FreshCooks is a meeting place only, and as such you use the FreshCooks service at your own risk.
  2. Membership and Account
    Age: FreshCooks’ services are available only to, and may only be used by, individuals who are 19 years and older who can form legally binding contracts under applicable law.
    You represent and warrant that you are at least 19 years old and that all registration information you submit is accurate and truthful.
    Fresh
    Cooks may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.
    This provision is void where prohibited by law and the right to 
    access the Site is revoked in such jurisdictions.
    Individuals under the age of 19 must at all times use FreshCooks’ services only in conjunction with and under the supervision of a parent or legal guardian who is at least 19 years of age.
    In this all cases, the 
    adult is the user and is responsible for any and all activities.

    Password:
    Keep your password secure. You are fully responsible for all activity, liability and damage 
    resulting from your failure to maintain password confidentiality. You agree to immediately notify FreshCooks of any unauthorized use of your password or any breach of security.
    You also agree that Fresh
    Cooks cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
    You agree not to provide your username and password information in combination to 
    any other party other than FreshCooks without FreshCooks’ express written permission.

    Account Information:
    You must keep your account information up-to-date and accurate at all times, 
    including a valid email address. 

    Account Transfer:
    You may not transfer or sell your FreshCooks account and User ID to another party. 

    Right to Refuse Service:
    FreshCooks’ services are not available to temporarily or indefinitely suspended 
    FreshCooks members.
    FreshCooks reserves the right, in FreshCooks’ sole discretion, to cancel 
    unconfirmed or inactive accounts. FreshCooks reserves the right to refuse service to anyone, for any reason, at any time.
  3. Compliance with laws and policies
    You agree to comply with all local laws regarding online conduct. You are also responsible for all applicable taxes.
    In addition, you must abide by FreshCooks’ policies as set out at FreshCooks'.

    In addition, some services offered through the Site may be subject to additional terms and 
    conditions set out by FreshCooks from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
  4. Fees and Services
    FreshCooks charges you a fee for the services provided through the Site, and then ensures that the Chef who has provided the service to you is paid.
    FreshCooks may choose to change the fees for services, and 
    will give you notice of the change on the Site. Such changes are effective immediately.
    FreshCooks may, 
    at FreshCooks’ sole discretion, change some or all of FreshCooks’ services at any time. In the event FreshCooks introduces a new service, the fees for that service are effective at the launch of the service. 
    Unless otherwise stated, all fees are quoted in Canadian Dollars (CAD).
    You are responsible for paying all fees and applicable taxes associated with using FreshCooks.
  5. Payment on Termination
    If FreshCooks terminates your account, if you close your account, or if the payment of your FreshCooks fees cannot be completed for any reason, you remain obligated to pay FreshCooks for all unpaid fees plus any penalties, if applicable.
    If you account is not paid in full and becomes past due, you risk penalties 
    such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
    If you have a question or wish to dispute a charge, contact FreshCooks.
  6. Cancellation and Refund
    Cancellation of Services: Please read our cancellation policies.
    All orders for service, once placed on the Site, are binding.
    The Chef is obligated to complete the transaction with you in a prompt manner, at the time and date scheduled, unless there is an exceptional circumstance, such as: (a) you fail 
    to provide the necessary information regarding address or entrance to the premises; (b) you do not have essential ingredients or equipment ready; or (c) the Chef is unable to perform the services due to personal circumstances beyond the Chef’s control.
    If the Chef is unable to perform the services we will make 
    every reasonable effort to contact you to provide an alternate Chef, reschedule the services or cancel.
    It 
    will be your option to accept an alternate Chef or reschedule the services, and if you do not wish to do either, or we are unable to contact you, the order will be cancelled and you will receive a full refund of payment.
    WE WILL NOT BE RESPONSIBLE FOR DAMAGES SUFFERED BY YOU AS A RESULT 
    OF CANCELLATION OF SERVICES FOR ANY REASON. 

    Refund Policy:
    FreshCooks may grant refund on certain items on a case-by-case basis and is at the sole 
    discretion of FreshCooks.
  7. Consent To Email Communication
    When you visit the Site or send an email to us, you are communicating with us electronically, and such communication is subject to the Canada Anti-Spam Act. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site. You agree that you may unsubscribe from electronic communications from us at any time but that if you do so we will be unable to provide our Services accessed through the Site to you.
  8. Service Availability
    Our Chefs are independent contractors and set their own schedules of availability. FreshCooks cannot guarantee that a particular Chef will be available to provides services to you at any specific time, or at all. 
  9. Other Resources
    FreshCooks is not responsible for the availability of outside websites or resources linked to or referenced on the Site. FreshCooks does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that FreshCooks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
  10. Meetings
    You are solely responsible for interactions with Chefs. You must comply with FreshCooks’ policies and acknowledge and agree to comply with the laws of the city, county and country in which the services are provided. FreshCooks does not supervise or control the provision of services by Chefs. You are solely responsible for interactions with others. You agree to exercise caution and good judgment in all interactions with the Chef.
  11. Resolution of Disputes and Release
    In the event a dispute arises between you and a Chef, please contact the Chef directly to resolve the dispute. If the dispute is of a nature where it would not be appropriate to contact the Chef directly, or after contacting the Chef you are unable to resolve the matter, please contact FreshCooks.
    In the event a dispute arises between you and FreshCooks, please contact FreshCooks.Should you have a dispute with one of the Chefs, you release FreshCooks (and FreshCooks’ officers,directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. FreshCooks encourages you to report suspected criminal activity on the part of a Chef to your local law enforcement. FreshCooks, for your benefit, may try to help you resolve disputes. FreshCooks does so in FreshCooks’ sole discretion, and FreshCooks has no obligation to resolve disputes between you and a Chef. To the extent that FreshCooks attempts to resolve a dispute, FreshCooks will do so in good faith based solely on FreshCooks’ policies. FreshCooks will not make judgments regarding legal issues or claims.
  12. FreshCooks’ Intellectual Property
    FreshCooks, and other FreshCooks graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of FreshCooks, Inc. in Canada, the U.S. and/or other countries. FreshCooks’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
  13. Access and Interference
    Much of the information on FreshCooks is updated on a real-time basis and is proprietary or is licensed to FreshCooks or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access FreshCooks for any purpose without FreshCooks’ prior express written permission. Additionally, you agree that you will not:
    1. Take any action that imposes, or may impose, in FreshCooks’ sole discretion, an unreasonable or disproportionately large load on FreshCooks’ infrastructure
    2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of FreshCooks and the appropriate third party, as applicable
    3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
    4. Bypass FreshCooks’ robot exclusion headers or other measures FreshCooks may use to prevent or restrict access to FreshCooks.
  14. Breach
    Without limiting any other remedies, FreshCooks may, without notice, and without refunding any fees, delay or immediately issue a warning to you, temporarily suspend you, temporarily or indefinitely suspend your account privileges, terminate your account, prohibit access to the Site, and take technical and legal steps to keep you off the Site and refuse to provide services to you if any of the following apply:
    1. FreshCooks suspects (by information, investigation, conviction, settlement, or otherwise) you have breached this Agreement, the Privacy Policy, or any other FreshCooks policy; 
    2. FreshCooks is unable to verify or authenticate any of your personal information or Content; FreshCooks believes that you are acting inconsistently with the letter or spirit of FreshCooks’ policies, have engaged in improper or fraudulent activity in connection with FreshCooks or the actions may cause legal liability or financial loss to FreshCooks’ you or to FreshCooks.
  15. Privacy
    FreshCooks considers protecting your personal data to be very important, and has developed a Privacy Policy describing FreshCooks' personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information. Except as provided in FreshCooks’ Privacy Policy, FreshCooks will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. FreshCooks stores and processes content on computers located in Canada that are protected by physical as well as technological security.
  16. No Warranty
    FRESHCOOKS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ITS INDEPENDENT CONTRACTORS PROVIDE FRESHCOOKS’ WEB SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FRESHCOOKS, FRESHCOOKS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND FRESHCOOKS’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FRESHCOOKS SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
  17. Liability Limit
    IN NO EVENT SHALL FRESHCOOKS, AND (AS APPLICABLE) FRESHCOOKS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR FRESHCOOKS’ INDEPENDENT CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FRESHCOOKS’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. FRESHCOOKS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FRESHCOOKS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FRESHCOOKS FOR THE SERVICES GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  18. Indemnity
    YOU AGREE TO INDEMNIFY AND HOLD FRESHCOOKS (AS APPLICABLE) FRESHCOOKS’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
  19. No Guarantee
    FreshCooks does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside FreshCooks’ control.
  20. Legal Compliance; Taxes
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any FreshCooks service.
  21. Severability
    If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
  22. No Agency
    You and FreshCooks are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  23. FreshCooks Service
    FreshCooks reserves the right to modify or terminate the FreshCooks services for any reason, without notice, at any time. FreshCooks reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If FreshCooks makes a material change FreshCooks will notify you here, by email, by means of a notice on our home page, or other places FreshCooks deems appropriate. What constitutes a "material change" will be determined at FreshCooks’ sole discretion, in good faith, and using common sense and reasonable judgment.
  24. Choice of Law
    These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or provincial courts located in Vancouver, British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms. 
  25. Survival
    All provision of these Terms and Conditions shall survive any termination or expiration of this Agreement.
  26. Notices
    Except as explicitly stated otherwise, any notices shall be given by postal mail to FreshCooks; Attn: President/ CEO
    (in the case of FreshCooks) 
    or, in your case, to the email address you provide to FreshCooks (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, FreshCooks may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FreshCooks. In such case, notice shall be deemed given three days after the date of mailing. For issues with intellectual property, please contact us at info@freshcooks.com
  27. Disclosures
    The services hereunder are offered by 1001336 BC Ltd., located at
    1001336 BC Ltd.
    P.O. Box 18603 Ladner PO
    Ladner, BC
    V4K 4V7