TERMS AND CONDITIONS OF THE CHEF WORKS LOYALTY PROGRAM
If you want to become a Chef Works Loyalty Program member, you must agree to be bound by these Chef Works Loyalty Program Terms and Conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before you sign up for our Chef Works Loyalty Program. If you are a United States resident, please review the arbitration agreement and class action waiver described below. The Program covers the incentives and rewards described in these Terms and Conditions. The Terms and Conditions tell you who we are, how we will provide the Program to you, how you or we may change or end the contract that these Terms and Conditions constitute between us, and other important information. By participating in the Program, you unconditionally accept and agree to comply with these Terms and Conditions.
General.
The Program is a loyalty and rewards member program owned and operated by Chef Works Inc., 12325 Kerran Street, Poway, CA 92064, (“Chef Works” or “we”). Read more about us here. We will refer to you in these Terms and Conditions as “you” or the “Member”. If you need to contact us, you can do so by writing to:
Chef Works Inc., 12325 Kerran Street, Poway, CA 92064.
You can always contact our customer service by telephone at 800-372-6621 (Monday – Friday from 8am-4pm PST) or by email to orders@chefworks.com. If you have specific questions pertaining to the Loyalty Program please email them to loyalty@chefworks.com.
Chef Works may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program, in whole or in part, (including any Rewards and / or Rewards Cash, all as defined below), provided such changes do not create a significant negative change in value of the Member’s Rewards at the time of the change. If a significant negative change in the value of the Member’s Rewards is made, the Member will be given 90 days prior notice of such changes by email sent to the email registered to your account at the time.
These Terms and Conditions and any changes shall be considered approved when you place orders online at www.chefworks.com to earn or redeem Rewards Cash, or when you use in any way a Reward or benefit offered under the Program. If you cannot accept the Program changes, you may terminate your membership by deleting your account.
Membership
Eligibility.
Persons eligible for membership are limited to those natural persons who are at least eighteen (18) years old and who are residents in a country in which the Program is offered. The Program is provided to natural persons and business entities only. Distributors, contractual pricing customers or other groups or entities contracted with us who have special pricing may not be eligible to participate in the Program. The Program benefits and rewards only apply to retail (MSRP) paying customers or business entities. An individual’s residence is deemed the actual physical home (domicile: e.g., principal residence) of the Member or a physical business address of a property. P.O Box and military APO addresses for either individual or business account holders will not be accepted. Details of the person and the residence, or the business must be submitted accurately and truthfully, and upon request, proof must be provided to Chef Works.
To grant an eligible person or business entity membership to the Program is Chef Works’ decision, in its sole discretion. Chef Works may refuse admission to any person or business entity for any reason.
Program membership is automatically forfeited if and when a person or business entity chooses to be a contractual pricing customer with Chef Works. By converting, the member also automatically forfeits any accumulated earned rewards cash and program benefits.
A Member (individual or business entity) may only sign up for one membership, and the Member may have only one account in the Member’s legal name or the business’ legal name. In the case of duplicate accounts, Chef Works reserves the right to cancel one account at our discretion without prior notice. Furthermore, Chef Works will not transfer any existing rewards or statuses from one account to another and the Member will lose any and all rewards earned within said duplicate account.
The Member guarantees the accuracy of all information given, including, but not limited to, a full name, mailing address, valid email address, and phone number, and shall be solely responsible for any erroneous, incomplete, or out-of-date information. All data, including personal data, shall be used and exchanged by Chef Works, the Chef Works entities, trusted partners and service providers, as required by the Program, and as further set out in the Privacy section below and in the Chef Works Privacy Policy, available here.
It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating Rewards Cash or Rewards for combined use.
All Rewards Cash and subsequent Rewards must be obtained, earned, and used in accordance with the rules and guidelines in these General Terms and Conditions. Chef Works has the final authority to decide whether an activity qualifies for Rewards Cash and / or Rewards.
Chef Works will not collect personally identifiable information from any person that is known to Chef Works to be a child or a young person under the age of 18.
Rewards Cash will not be awarded on fraudulent or refunded / canceled transactions.
The sale, purchase, brokerage, resale, barter, or exchange of Rewards Cash for any compensation is prohibited. Violators shall be liable for damages and litigation costs. Rewards Cash have no cash value and can never be exchanged for cash or gift cards.
Membership Overview
General Information
Chef Works Loyalty Program offers two levels/groupings of membership access; FREE (Free membership, set forth moving forward as “Free”, are defined as Accounts that have no additional incurred cost associated to access Rewards within the Program conditions; account levels include Bronze, Silver and Gold Levels) and PAID (Paid memberships, set forth moving forward as “Paid”, referred to in the Program as Executive Level Tiers, are defined as Accounts that incur an annual membership fee within the Program conditions; account levels include Ruby and Diamond Levels). For full membership level details, cost, benefits and Rewards please visit this link here.
Renewal.
Your Free membership Account will be determined by the total qualifying purchases made in your account within a rolling 12 months basis. This means that all qualifying purchase totals (within 12 months from the last purchase date) will determine the Members Account level.
Your Paid Membership Account will automatically renew each year at the annual rate in effect (Ruby $120.00 USD/ Diamond $240.00 USD – Prices subject to change), on its 12 month anniversary date and be automatically charged to a valid credit/debit card on file.
You may email loyalty@chefworks.com to have your account deleted.
Failure to provide a valid credit/debit card at time of renewal may result in the cancellation/termination of your membership Account. Any and all Rewards Cash, or Rewards earned in your Account, at the time of the cancellation or termination (including a failed renewal transaction) will result in the loss and expiration of all earned and/or accrued Rewards Cash, and Rewards.
Membership Signup.
A person can sign up to become a member of the Program by:
- Signing up online at chefworks.com and creating an account.
- Only US customers are eligible to redemm Rewards Cash on chefworks.com.
A Member will need to provide the following information when signing up:
- First Name (Required)
- Last Name (Required)
- Date of Birth (Optional)
- Email Address (Required)
- Account Password (Required)
Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account, except if caused by Chef Works’s willful misconduct or gross negligence. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify loyalty@chefworks.com immediately of any unauthorized use of Member's account or any other breach of security.
Membership starts when an account is created and upon the completion of the registration process. If the applicant is already a member of the Program, a new application for opening another account will be invalid, i.e., only one account can be opened and maintained per person or business.
Account.
The Account is an account where Instant Discounts and Rewards Cash earned by a Member under the Program are accumulated and may be utilized for purchases and for purposes as expressly specified in the Terms and Conditions.
Member’s Status.
Chef Works reserves the right to make special Rewards or promotional offers or activities available to groups of Members based on their Program activity, including, but not limited to, Rewards status and history, country of residence, and shopper history / product preferences. The Terms and Conditions for such special Rewards or promotional offers/activities may differ from time to time.
Earning Rewards
General information.
The Program allows Members to instantly apply a set percentage discount to each order and earns/accumulates ewards cash that can be applied to future orders. Members may redeem loyalty rewards cash (“Rewards Cash”) for use toward online orders on an individual basis and solely for their own account.
Members may earn certain benefits based on the Member's current balance of "redeemable" Rewards Cash (that is, Rewards cash that have not previously been redeemed) or "Program" Rewards Cash (that is, all prior non-expired Rewards Cash accumulated by Member, whether previously redeemed or not). Chef Works reserves the right to suspend, terminate, revalue, or modify, without liability or notice to Members. From time to time, Chef Works may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Rewards Cash and / or as a result of a specifically defined action undertaken by the Member (“Rewards”).
Rewards Cash is credited to the Members Account. Members also will get instant percentage discounts applied to active, real time orders. The method for calculating the Rewards Cash is the same globally, but the amount of Rewards Cash a Member may earn on the purchase of a particular product will differ from country to country, as the price will be different. The Rewards Cash and Awards allotment principles can be found here and will be updated from time to time.
Rewards Cash can be used only for the purposes expressly specified in these Terms & Conditions, or as specifically set out in the terms and conditions for a Reward or promotional offers or activities from time to time. Rewards Cash have no cash value; Rewards Cash may be accumulated to earn Members a discount on qualifying purchases.
Members can start earning Rewards Cash after membership commences and the first order is placed on chefworks.com and/or additional websites to be notified from time to time. The Terms and Conditions relating to orders placed on chefworks.com and/or on such additional websites are those as displayed on each website at time of order. Rewards Cash may only be credited to the Member’s individual Account for purchases or activities the Member personally made / activities the Member has personally undertaken, unless otherwise specifically stated in these Terms and Conditions, or in terms and conditions pertaining to specific offers or activities or promotions made by Chef Works. The Rewards Cash will be added to the Account at the time of payment. Rewards Cash and Rewards are not applicable to any order placed by purchasing by phone or via email.
Rewards Cash can be earned for a qualifying order made on chefworks.com and/or on additional websites to be notified from time to time. Qualifying purchases are defined as any service or merchandise available for purchase, excluding gift cards. Gift Card purchases will not earn any rewards benefits. Members may also earn Rewards Cash in other ways, as communicated by Chef Works in emails or online postings from time to time. Chef Works may also, in its sole and absolute discretion, award “bonus” Rewards Cash for certain actions (such as early enrollment or frequent activity). Additional rules and restrictions may apply to such bonus Rewards Cash promotions.
Rewards Cash is not valid unless earned in strict compliance with the requirements as established by Chef Works, and the Member shall not attempt to earn Rewards Cash by any means (including, without limitation, by using any script, bot, or other automated means) that only simulates compliance with the applicable requirements.
Chef Works reserves the right to deduct or reduce the Rewards Cash from the account of any Member who has acquired Rewards Cash unduly.
Applicable postage / shipping charges are excluded from Rewards Cash earnings. In certain countries (for example, the United States of America and Canada), the taxes are separate from the purchase prices and therefore excluded from Rewards Cash earnings. Rewards Cash cannot be used to pay for shipping and/or tax charges.
Gift cards are excluded from Rewards Cash earnings, and Members will not earn any Rewards Cash while purchasing products with a valid gift card. Rewards Cash cannot be used to purchase Gift Cards. A valid gift card is defined as a gift card purchased online for full MSRP value.
Annual Loyalty Subscriptions are excluded from Rewards Cash earnings, and Rewards Cash cannot be used to purchase Annual Loyalty Subscriptions. A valid gift card is defined as a gift card purchased online for full MSRP value.
Redeeming Rewards Cash
General Provisions For Redeeming Rewards Cash.
Rewards Cash can be redeemed at chefworks.com and/or on additional websites to be notified from time to time, for Rewards. Rewards Cash may not be converted into or paid in actual cash or gift cards. While a member can earn Rewards Cash on all eligible online purchases, the Rewards Cash can only be redeemed in the Member’s country of residence.
United States taxes are determined based on the order subtotal minus any promotional offers or discounts. Rewards cash redemption is applied after taxes are properly calculated.
Extra Rewards Cash cannot be purchased in this Program.
Rewards Cash you've earned on returned items will be deducted from earnings on future purchases. This includes any bonus Rewards issued at the time of initial purchase.
Chef Works reserves the right to cancel or remove Rewards Cash that has been issued to the Member’s account by mistake. Chef Works will not tolerate deliberate or knowing misuse of such error by the Member, and such misuse may lead to immediate termination of the Member’s membership, and with that, loss of all earned Rewards Cash, as well as a ban from future membership of the Program.
Consequences Of Misuse.
In the case of an improper use for which the Member is responsible, Chef Works may terminate the membership or withdraw Rewards Cash or Rewards, refuse to issue Rewards Cash or a Reward, or refuse to accept the redemption of Rewards Cash or a Reward.
Expiration Of Rewards Cash.
All Rewards Cash will expire on the 12-month anniversary date of being earned via online purchases or redeeming Rewards Cash. Chef Works will send you a reminder email to your Account 1 month before Rewards Cash expiration.
Personal Data, Data Privacy, And Audit
Chef Works collects, retains, and processes personal data about you in accordance with all applicable data protection laws, including the EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the UK Data Protection Act 2018 and applicable national data protection legislation.
Chef Works may disclose your personal data and / or make them available to other members of the Chef Works, and / or service providers in connection with the general operation of the Program, e.g., maintenance of the Program, analysis tasks, marketing tasks, etc. Furthermore, Chef Works may process your personal data in a de-identified, aggregated, pseudonymized, or anonymized form for the purposes of management, further development, and marketing of the Program.
Please note that some Rewards, promotions, or offers are delivered and operated by independent third parties to the Chef Works and may be subject to separate privacy conditions, and may ask for separate consent of use of your personal information. Chef Works will inform you that you are leaving the Chef Works platform / website. Please make sure you read those terms and conditions carefully before agreeing. Likewise, sharing content on social media platforms will require you to agree to the terms and conditions of such platforms. Chef Works shall not be held liable for the processing by any such third parties of your personal information.
Auditing.
Chef Works reserves the right to audit any and all accounts in the Program at any time and without notice to the Member to ensure compliance with the Program rules.
In the event that an audit reveals discrepancies or violations, the processing and / or use of Rewards Cash or Rewards may be delayed until the discrepancies or violations are resolved to our reasonable satisfaction. During such audit and until the result of such audit is available, Members may be prohibited from redeeming Rewards Cash and using Rewards, services, or benefits associated with the Program, as determined solely by us.
Chef Works also reserves the right to exchange information with our Chef Works entities, trusted partners, and service providers or their agents for auditing purposes.
Disclaimers and Limitation Of Liability.
USE OF THE CHEF WORKS REWARDS MEMBERSHIP AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHEF WORKS INC., AND ALL OF ITS RESPECTIVE AFFILIATES,DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") 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 AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i)THE CHEF WORKS REWARDS MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) THE CHEF WORKS REWARDS MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE CHEF WORKS REWARDS MEMBERSHIP WILL MEET YOUR EXPECTATIONS. MEMBERSHIP PROVIDERS SHALL 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 MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CHEF WORKS REWARDS MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE CHEF WORKS REWARDS MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE CHEF WORKS REWARDS MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO THE CHEF WORKS REWARDS MEMBERSHIPS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Neither Chef Works, the Chef Works entities, shall be liable for any loss, expense (including, without limitation, attorneys' fees), accident, or inconvenience that may arise in connection with the use of Rewards Cash or Rewards.
Lost, stolen, or expired Rewards Cash or Rewards will not be refunded, replaced, or extended.
Except as otherwise provided above and subject to applicable laws, Chef Works shall not be liable for any loss or damage resulting from the termination of, or the change in the Program. No damage claims against Chef Works by Members may be filed as a result of legally required or recommended country-specific alterations.
The Member’s exclusive remedy under the Program shall be the reinstatement of lost Rewards Cash or Rewards (the latter, if available, or such other reasonable, alternative, and comparable benefits as determined by Chef Works).
The Program and / or any Rewards are void where prohibited by law. Laws applicable in certain countries may impose restrictions on the conditions governing implementation or membership in the Program. Due to local laws and regulations, Chef Works may not be able to make available the Program or parts thereof in certain countries or to certain individuals. Chef Works will not be liable when complying with such local laws and accordingly reserves the right to terminate a Member’s participation in the Program and cancel Rewards Cash or Rewards such Member may have accumulated.
The Member is liable for any claims from third parties, including the tax authorities, arising from membership in the Program, its Rewards Cash and / or Rewards.
PROGRAM MALFUNCTIONS AND CONDUCT.
Chef Works is not responsible for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, Chef Works is not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Rewards Cash or Rewards. In no event will Chef Works be liable for, and you expressly release Chef Works from, any claims as to the issuance of any unintended Rewards Cash or Rewards. If, for any reason, the Program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Chef Works that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Chef Works reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Chef Works deems appropriate. In the event Chef Works is prevented from continuing with the Program as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Chef Works’ control (each a “Force Majeure” event or occurrence), Chef Works shall have the right to modify, suspend, or terminate the Program, in whole or in part.
Any attempts by you to access the Program via a bot script or other brute-force attack shall result in you becoming ineligible to participate in the Program. Chef Works, in its sole discretion, reserves the right to disqualify and terminate participation of anyone found to be (i) tampering with the operation of the Program (ii) acting in violation of these Program Terms, or the Chef Works Terms of Service, or any other incorporated terms (iii) acting in an unethical or disruptive manner (iv) acting with intent to annoy, abuse, threaten, or harass Chef Works, its representatives, or any other person in any manner related to the Program (v) or tampering with, altering, or attempting to alter Rewards Cash standings, (vi) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Rewards Cash, or (vii) colluding or attempting to collude with one or more Program account holders to gain an unfair advantage by sharing knowledge or other information in order to earn Rewards Cash.
Termination
Your Termination.
You may terminate or cancel your Paid Membership at any time by:
- You may email loyalty@chefworks.com to have your account deleted.
Please note that when you terminate or cancel your paid subscription, you will continue to earn Rewards at your paid membership level until your membership expires on its annual anniversary date. After such date you will continue to be enrolled in the Program however will participate and earn rewards via the free levels only. A Members online website account and participation in the free Program reward tiers are mutually exclusive.
Our Termination.
Chef Works may terminate your Paid Membership without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would (i) violate any provisions of this Agreement or applicable law, (ii) not constitute reasonable use of the Loyalty Program, or (iii) be harmful to our interests. In the event of any such termination, you will be entitled to a prorated refund of your annual membership fee. Nothing contained in these Terms and Conditions shall limit Chef Works in its exercise of any legal or equitable rights or remedies.
Upon termination, your Rewards Cash will be deleted, and Chef Works shall have no obligation to offer you compensation for any unused Rewards Cash at the time of the termination.
Miscellaneous.
Third-Party Sites And Services.
The Program may make available third party offerings or link to third-party platforms (e.g., social media platforms, reward or promotions operators). Chef Works will inform you on screen when you are leaving our site. Please note that these other websites are not under Chef Works’ control and Chef Works has no responsibility for the content of such webpages or platforms. Further, please be aware that such webpages or platforms may be subject to other terms and conditions for use and privacy that are outside of our control, and that you should read and familiarize yourself with them before accepting use of such sites or services. You also acknowledge and agree that Chef Works is not responsible for the accuracy, legality, appropriateness, or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Chef Works or any association with its operators.
Governing Law.
This Agreement, and the respective rights and obligations of the parties here under, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.
Arbitration Provision (Applicable To U.S. Members Only).
By participating in the Program in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Chef Works and / or its parent, subsidiaries, affiliates, and each of their respective members, officers, directors, and employees (all such individuals and entities collectively referred to herein as the “Chef Works Entities”) arising out of, relating to, or connected in any way with the Program or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the Terms and Conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only your and / or the applicable Chef Works Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Chef Works Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Chef Works Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Chef Works agrees to pay them and / or forward them on your behalf, subject to ultimate allocation by the arbitrator. Additionally, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chef Works will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, how-ever, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Pro-vision shall be null and void, and neither you nor Chef Works shall be entitled to arbitrate their dispute. For more information on JAMS and / or the rules of JAMS, visit their website at www.jamsadr.com.
FOR RESIDENTS OF CANADA:
You acknowledge and agree that you will not authorize anyone under the age of thirteen (13) to access or view the Chef Works platform/website. Chef Works believes that parents should supervise their children's online activities and consider using commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to children. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (Note: The preceding links are provided for information purposes only. Chef Works is not affiliated with these entities and the foregoing is not intended as an endorsement of these entities, their services or policies). If for any reason Chef Works believes a user may be under the age of 13, Chef Works reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 13 all personal information shall be deleted from our system and we reserve the right to limit and/or ban the user from our website and/or platform.
The online version of these Terms and Conditions is the governing version. In the event of any discrepancy or inconsistency between the English and French Terms and Conditions and disclosures or other statements made about the Program, English Terms and Conditions shall prevail, govern and control.
Unless prohibited by law, for Members residing in the province of Quebec the Program shall be governed by the laws of Quebec and the jurisdiction of its courts, any issues concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, as well as any disputes between you and Chef Works in connection with the Program, shall be governed in accordance with the laws of the Province of Quebec, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.
FOR QUEBEC RESIDENTS ONLY:
The following terms and conditions apply to residents of Quebec only: In the event your Account becomes inactive, Chef Works will provide you with at least 30, but not more than 60, days’ prior written notice before your Rewards are expired. Chef Works specifically reserves the right to amend or otherwise change (the “Change”) these Terms and Conditions, the Program, the Rewards Partners, any Account, any Benefit, the Program (including the number of Rewards you can earn or redeem), or any other award/reward or these Terms and Conditions with notice as required by applicable law, including:
Eligibility requirements for participating in the Program;
The way in which Members may participate in the Program;
The way and rate at which Rewards may be earned and/or redeemed, provided that any Change does not devalue Rewards earned prior to the effective date of the Change;
The availability of any Benefit or offer, where no expiry date is otherwise noted;
The removal of any Rewards Partner, where no expiry date is noted in the Offer Terms.
The locations where Rewards may be earned and/or redeemed.
You acknowledge and agree that the inclusion of Rewards Partners or Benefits may be temporary and that the discontinuation of any Rewards Partner or Benefit, regardless of whether an expiry date is included in the Offer Terms does not trigger a Change to these Terms and Conditions, and that advance notice is not required.
Chef Works will provide you with written notice of any Change, specifically identifying the new and/or amended sections of the Terms and Conditions, between 60 and 90 days before the Change comes into effect.
Upon receipt of the notice from Chef Works, you may refuse to accept the Change and cancel your participation in the Program without cost, by sending us a written notice no later than 30 days after the effective date of the Change, at the address or email address indicated in the notice from Chef Works. If you send us such written notice, you will then have sixty (60) days to redeem any Rewards in your Account. If you do not exercise your right to cancel your participation in the Program as set out above, your continued enrollment and participation in the Program after the effective date of any Change is your acknowledgement that you agree to the Terms and Conditions, as modified.