Last updated: May 18, 2020
These Terms of Service ("Terms") are a legal agreement between you and Delicious Experiences LTD ("Delicious Experiences,", “Delicious”, "us," "we," or "our") regarding your use of our website at www.deliciousexperiences.com (the "Website"), and services provided by us via the Website (collectively, "Service").
By using any portion of the Service, you are agreeing to be legally bound by these Terms and any applicable related terms. If you do not agree, do not use the service. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
The Service also offers an online marketplace that allows experts to offer experiences to registered users of our Service.
You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are legally competent to enter into and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
You may browse the Website without creating an account, subject to these Terms. In order to use the full features of the Service, including if you wish to create or book an Experience, you must register.
When registering for a Delicious Experiences account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
You are solely responsible for: (a) maintaining the security of any logins, passwords, or other credentials that you select or that we provide to you to access your account; and (b) all activities that occur through your account, whether or not you have authorized them. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending us an email.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, scrape, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) or in any communication through the Service without that person’s explicit consent.
As an “Expert”, you may create Experiences on our platform. To this end, you will be asked a variety of questions about the Experience to be listed. Experiences will be made publicly available via the Service. Guests will be able to book your Experience based upon the information provided in your offering. You acknowledge and agree that you are solely responsible for any Delicious Experiences you post and provide to guests. Accordingly, you represent and warrant that any Delicious Experience you post (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any event or venue included in an Experience you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties, food and unique ingredients, such as cannabis (iii) will be in compliance with all applicable law, policy or procedure of a governmental authority of the state or local jurisdiction in which you operate, which includes without limitation, any state or local laws or regulations relating to cannabis and the production, ingredients, manufacture, labeling, advertising, promotion, sale, or safety of cannabis products, food or Experience, and (iv) will not conflict with the rights of third parties. Please note that Delicious Experiences assumes no responsibility for an Expert’s compliance with any applicable laws or failure to comply with the terms stated above.
You understand and agree that Delicious Experiences does not act as an insurer or as a contracting agent for, or representative of you, and if a guest requests a booking of your Experience and participates in your Experience, any agreement you enter into with such guest is between you and the guest and Delicious Experiences is not a party thereto. Notwithstanding the foregoing, Delicious Experiences serves as the limited authorized payment collection agent for the purpose of accepting, on behalf of the Expert, payments from guests of the amounts stipulated. Please note that Delicious Experiences reserves the right, at any time and without prior notice, to remove or disable access to any Experience for any reason, including Experiences that Delicious Experiences, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful.
Bookings and Financial Terms for Experts
If you are an Expert and a booking is requested for your Experience via the Service, we will share with you information related to the requested booking so that you can confirm or reject the booking. When you confirm a booking requested by a guest, Delicious Experiences will send you an email and you will be able to communicate with the guest via the Service.
The fees displayed are a compilation of the Experience Fees and the Service Fees. Where applicable, Taxes may be charged in addition to the Experience Fees and Service Fees. The Experience Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". Please note that it is the Expert, and not Delicious Experiences, that determines the Fees. Delicious Experiences will collect the Total Fees at the time of booking confirmation and will remit the Experience Fees according to the Expert Agreement.
Each Expert hereby appoints Delicious Experiences as the limited payment collection agent solely for the purpose of accepting the Experience Fees from guests. Each Expert agrees that payment made by a guest through the Service shall be considered the same as a payment made directly to the Expert. Each Expert agrees that Delicious Experiences may, in accordance with the cancellation policy (i) permit the guest to cancel the booking and (ii) refund to the guest that portion of the Experience Fees specified in the applicable cancellation policy. Each Expert understands that Delicious Experiences accepts payments from guests as the Expert’s limited payment collection agent and that Delicious Experiences’ obligation to pay the Expert is subject to and conditional upon successful receipt of the associated payments from guests. In accepting appointment as the limited authorized agent of the Expert, Delicious Experiences assumes no liability for any acts or omissions of the Expert. Please note that Delicious Experiences does not currently charge Experts any fees for the creation of Experiences ("Expert Fees"). However, Delicious Experiences reserves the right, in its sole discretion, to charge and collect Fees from Experts for the creation of Experiences.
Bookings and Financial Terms for Guests
The Experts, not Delicious Experiences, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Service. If you, as a guest, choose to enter into a transaction with an Expert for the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Expert and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Expert. You acknowledge and agree that the Expert, and not Delicious Experiences, will be responsible for performing the obligations of any such agreements, and Delicious Experiences is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
In consideration for providing the Service, Delicious Experiences collects Fees from guests and may, in the future, collect Fees from Experts (collectively, "Service Fees"). Where applicable, Taxes may also be charged. Balances net of the Service Fees will be remitted to Experts via third party payment processor, direct deposit or Paypal. Please note that for any payments by Delicious Experiences in currencies other than U.S. Dollars, Delicious Experiences may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
Fees for Other Portions of the Service
Many portions of the Service are provided to you for free, but Delicious Experiences reserves the right to implement fees for any portion of the Service at any time by providing you notice. You are responsible for all fees charged by third parties to access and use the Service.
Cancellations and Refunds
If, as a guest, you cancel your requested booking before the requested booking is confirmed by the Expert, Delicious Experiences will refund any Experience Fees collected for such requested booking within a commercially reasonable time. If, as a guest, you wish to cancel a booking made via the Website which has been confirmed by the Service, the cancellation policy will apply. Cancellations made within 72 hours of the Experience are non-refundable.
If an Expert cancels a confirmed booking made via the Service, (i) Delicious Experiences will refund the Total Fees for such booking to the applicable guest within a commercially reasonable time of the cancellation and (ii) the guest will receive an email or other communication from Delicious Experiences containing alternative Experiences and other related information. If the guest requests a booking from one of the alternative Experiences and the Expert associated with such alternative Experience confirms the guest’s requested booking, then the guest agrees to pay Delicious Experiences the Fees relating to the confirmed booking, in accordance with these Terms. If an Expert cancelled a confirmed booking and you, as a guest, have not received an email or other communication from us, please contact us.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
In order to comply with U.S. Federal tax reporting requirements, we may be required to collect social security numbers or taxpayer identification numbers on IRS Form W-9 from all Experts hosting Experiences in the United States. You agree that you are solely responsible for determining your applicable sales tax, value added tax (VAT), goods and services tax (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income tax ("Tax") reporting and payment requirements in consultation with your tax advisors. We cannot and do not offer Tax-related advice to any users of the Service. Additionally, please note that each Expert is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes on Experiences.
Some Experts may pledge to donate a portion of the funds they receive from Experiences offered via the Service to a particular cause or charity. We do not control, and do not take any responsibility or liability for, whether the Expert does in fact make the donation they pledged to make, or whether the Expert complies with any laws regarding charitable donations or cause related marketing, or whether any payment or donation is Tax deductible or the amount that may be deductible.
We do not endorse any users of our Service. In addition, although these Terms require our users to provide accurate information, we do not attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Service. We will not be responsible for any damage or harm resulting from your interactions with other users, guests or Experts. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, guests or Experts or other third parties will be limited to a claim against the particular person, entity or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Delicious Experiences with respect to such actions or omissions.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, or abusive; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Delicious Experiences or its partners’ products and services, as determined by Delicious Experiences in its sole discretion; or (vi) in Delicious Experiences’ sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Delicious Experiences, its affiliates, or users to harm or liability of any nature. Although Delicious Experiences has no obligation to screen, edit, or monitor any User Content, Delicious Experiences reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
If you are photographed, filmed or recorded by Delicious Experiences or its agents in connection with your participation in Delicious Experiences product research or promotion (a "Recording"), then by using the Service, which you acknowledge is sufficient consideration, you hereby grant Delicious Experiences and its successors perpetual, irrevocable, worldwide, royalty-free, fully-paid permission to use, copy, and display the Recording in any form of media and by any means: (a) as part of or in connection with Delicious Experiences products or services, including research and development; (b) as part of or in connection with the sale, promotion, or advertising of products or services; and (c) any other lawful purpose whatsoever; in each case, alone or in combination with other materials. You agree that all right, title, and interest, including copyright, in the Recording and any materials produced using the Recording (including your name and likeness), are owned exclusively by Delicious Experiences, and that nothing in this "General Release" paragraph will constitute any obligation to make use of the rights granted by you in this paragraph. You also agree that the rights granted by you to Delicious Experiences in this paragraph do not conflict with any of your existing commitments. You hereby: (i) waive any right to inspect or approve any works that may be created with or from the Recording; (ii) waive any and all moral rights you may have in the Recording; and (iii) release Delicious Experiences, its agents, employees, licensees, partners, successors, and assigns from any and all claims you may have now or in the future, whether known or unknown, for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation, or any other cause of action arising out of the product research study, the filming, use, reproduction, adaptation, distribution, broadcast, performance, or display of the Recording.
Content on the Service, including User Content provided by other users, has been licensed in accordance with various licensing agreements between Delicious Experiences and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Delicious Experiences or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Delicious Experiences or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Service and to seek qualified professional assistance as applicable.
Delicious Experiences respects the intellectual property rights of others, and asks you to do the same. It is the company’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Delicious Experiences may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Delicious Experiences or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Delicious Experiences, then Delicious Experiences may, in its sole discretion, reinstate the removed or disabled material.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Modifications to the Service
Delicious Experiences reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Delicious Experiences will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
If you provide feedback to Delicious Experiences regarding the Service, you acknowledge that this is not confidential and you authorize us to use the feedback without restriction and without payment to you. Accordingly, you hereby grant to Delicious Experiences a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose, including use of that Feedback with the name and user profile photo (your likeness) that you submit in connection with your Delicious Experiences account.
Changes to Terms
We reserve the right to modify these Terms from time to time. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using Service.
You may terminate your use of the Service at any time by terminating your account. Termination of your account is your sole right and remedy with respect to any dispute with Delicious Experiences regarding the Service or these Terms. Delicious Experiences may suspend or terminate your access to the Service at any time, for any reason. If Delicious Experiences suspects that you have violated any provision of these Terms, Delicious Experiences may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms.
You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Delicious Experiences nor any of its licensors, suppliers, or publishers is liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.
Delicious Experiences is not a party to any agreements entered into between Experts and guests under any circumstance nor does it act as an agent or representative of any Expert. The Expert has the sole and exclusive responsibility for compliance with all laws, regulations, and other obligations regarding Experiences. Delicious Experiences has no control of the quality of the Experience, conduct of the Experts, and disclaims all liability in this regard to the maximum extent permitted by law.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DELICIOUS EXPERIENCES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DELICIOUS EXPERIENCES DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY DATA OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DELICIOUS EXPERIENCES, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
DELICIOUS EXPERIENCES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF DELICIOUS EXPERIENCES TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $15. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold Delicious Experiences, its affiliates, directors, officers, agents, employees, licensors, suppliers, distributors (including App Distributors) harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Delicious Experiences without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of Israel. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in Israel.
You agree that any cause of action arising out of or relating to the Service must commence within one year after the cause of action accrues. Otherwise, that cause of action is permanently barred.
Waiver and Severability of Terms
The failure of Delicious Experiences to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Delicious Experiences. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
For questions, comments, complaints, or claims related to the Service, please contact us using the contact information on our Website.