Terms of Use

PC is a hyperlocal online platform that connects independent home cooks ("Cooks") with local customers ("Foodies") for same-day food pickup. PC operates as an Internet Food Service Intermediary ("IFSI") as defined under the California Retail Food Code (California Health and Safety Code, Chapter 11.6).

The Cook is the seller and preparer of all food offered through PC. The Cook, not PC, is the permitted food facility responsible for the food. PC does not cook, prepare, handle, store, package, transport, or deliver any food. Food is prepared by the Cook in the Cook's own permitted home kitchen and is handed directly by the Cook to the Foodie at pickup.

PC provides the technology platform that lets Cooks list food and lets Foodies discover and order it, and PC facilitates the transaction, including processing payment and collecting and remitting applicable California sales tax (see Section 6). PC is not a party to the sale of food itself, which is a sale by the Cook to the Foodie.

The following disclosures are provided in compliance with the California Retail Food Code, Chapter 11.6.

Food is made in a permitted private home kitchen. Food offered through PC is prepared by a Microenterprise Home Kitchen Operation ("MEHKO"), which is a food facility operated by a resident in a private home. A MEHKO is permitted and inspected by the local county environmental health agency, but it is not a commercial restaurant and is not subject to the same routine inspection schedule as a commercial food facility. By ordering, you acknowledge and accept that your food is prepared in a private home kitchen.

MEHKO permitting requirements. The requirements for permitting a Microenterprise Home Kitchen Operation under the California Retail Food Code, Chapter 11.6, are posted on our site at our MEHKO permitting requirements page. These requirements are provided by the California Department of Public Health.

Platform fees. Our fees are disclosed in Section 6 and are shown clearly at the point of order so that both the Foodie and the Cook can see and understand the amount charged. We will notify Cooks in writing of any fee change exceeding two percent at least one month before it takes effect.

Liability insurance disclosure. PC does not currently carry liability insurance that would cover an incident arising from the sale or consumption of food listed or promoted through PC. Cooks and Foodies should be aware of this.

Delivery. Food ordered through PC is for pickup directly from the Cook. PC does not use or facilitate third-party delivery services for MEHKO food. Under the California Retail Food Code, any delivery of MEHKO food must be performed by the Cook or the Cook's employee, family member, or household member, and a third-party delivery service may deliver only to an individual whose disability limits their ability to access the food without such assistance.

You must be at least 18 years old to use PC. By registering, you represent that you are 18 or older and that the information you provide is accurate.

If you list or sell food through PC, you are the seller and the responsible food facility. You represent, warrant, and agree that:

1. You hold a current, valid MEHKO permit issued by the applicable California county environmental health agency, and a current Food Safety Manager Certification, and you will maintain them for as long as you list food on PC. You will provide proof on request, and you understand that PC may suspend or remove your listings if your permit lapses.
2. You will comply with all applicable laws and regulations, including the California Retail Food Code (Chapter 11.6) and all local health and operating requirements, including the same-day preparation rule and the daily and weekly meal limits that apply to MEHKOs.
3. You are solely responsible for the food you prepare and sell, including its safety, preparation, handling, storage, and accurate description.
4. You will provide accurate and complete information about each item, including ingredients, allergens, and dietary attributes, and you will not misrepresent your food.
5. You are solely responsible for any illness, injury, allergic reaction, or other loss arising from food you prepare or sell. You agree to indemnify PC as described in Section 11.
6. You are responsible for your own income taxes and business obligations. PC collects and remits California sales tax on taxable sales made through the platform as described in Section 6, but this does not relieve you of your other legal and tax obligations.

If you order food through PC, you agree that:

1. You are responsible for your own food choices, including any known allergies, sensitivities, or dietary restrictions. If you have a food allergy or medical sensitivity, you are responsible for reviewing ingredient and allergen information and for contacting the Cook with questions before ordering.
2. You understand and accept that food is prepared in a permitted private home kitchen as described in Section 2, and you assume the ordinary risks associated with food prepared in a home kitchen.
3. You will honor pickup windows and the cancellation and refund policy described in our Cancellation Policy and Community Guidelines.
4. You will treat Cooks and other users respectfully and will not use PC for any unlawful purpose.

Payment processing. Payments are processed through our payment provider, Stripe. By transacting on PC you agree to Stripe's applicable terms. You authorize PC and Stripe to charge your selected payment method for the order total, including food price, applicable sales tax, and the platform fee.

Platform fee. PC charges Foodies a platform fee of ten percent of the food price, plus card payment-processing costs, collected together as a single service fee. The exact amount is shown clearly before you complete your order. PC charges Cooks no commission. Any future change to Cook commission will be communicated in advance and, where required, at least one month before taking effect.

Sales tax on marketplace orders. This paragraph applies only to sales made through the What's Cookin' Tonight marketplace. Marketplace ordering is not currently offered and no such orders can be placed on permittedcooks.com. For any sale that is made through the marketplace, PC is a marketplace facilitator under California law and is the retailer responsible for collecting and remitting California sales tax on taxable sales; PC will calculate, collect, and remit that tax, and Cooks are not responsible for collecting or remitting it.

Sales tax on storefront orders. When you order from a cook's own Permitted Cooks storefront, PC does not calculate, collect, or remit California sales tax, and no sales tax is added to your total. We are confirming the tax treatment of storefront sales with counsel and will update these Terms when that is settled.

Refunds. Refunds are handled according to our Cancellation Policy. PC facilitates payments and refunds but is not a party to the underlying sale of food and is not responsible for disputes between Cooks and Foodies beyond providing the platform and the tools described in these Terms.

By providing your mobile number and registering, you consent to receive transactional text messages from WCT, such as order confirmations, pickup codes, and order notifications, sent from +1 888-254-9471. Message frequency varies. Message and data rates may apply. Consent to receive texts is not a condition of any purchase. You can opt out at any time by replying STOP, and you can get help by replying HELP or by contacting hello@whatscookintonight.com. We handle your information as described in our Privacy Policy.

Separately, if you subscribe to an individual kitchen's list on Permitted Cooks, you consent to receive promotional text messages from that kitchen, such as an announcement that its next cooking day is open, sent from +1 888-449-9957. Message frequency varies. Message and data rates may apply. Consent to receive these texts is not a condition of any purchase. Reply HELP for help. Reply UNSUB followed by the kitchen's name to stop messages from that one kitchen, or STOP to stop all texts. We handle your information as described in our Privacy Policy.

You may submit content such as photos, descriptions, and reviews. You retain ownership of content you submit, and you grant PC a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and promote that content in connection with operating and marketing the platform.

You agree not to use PC to:

1. sell or offer food in violation of any applicable law, or without a current MEHKO permit;
2. harass, threaten, defame, or discriminate against any person;
3. submit false, misleading, or incentivized reviews, or otherwise manipulate ratings;
4. circumvent the platform to arrange off-platform payment, or solicit other users for unrelated purposes;
5. infringe the intellectual property or privacy of others; or
6. engage in fraud or any unlawful activity.

We may remove content, suspend, or terminate accounts that violate these Terms or that we reasonably believe create a risk to users.

The PC name, logo, brand, design, software, and content are owned by What's Cookin' Tonight LLC and are protected by law. These Terms do not grant you any right to use PC's trademarks or branding except as needed to use the platform as intended.

PC is provided "as is" and "as available." To the maximum extent permitted by law, PC disclaims all warranties, express or implied, regarding the platform, including warranties of merchantability and fitness for a particular purpose, and we do not warrant uninterrupted or error-free service.

PC is not the manufacturer, preparer, or seller of any food offered through the platform. PC makes no warranty regarding the food itself, including its quality, safety, ingredients, or fitness for consumption. Any warranty regarding food runs from the Cook, as the seller, and not from PC.

If you are a Cook, you agree to defend, indemnify, and hold harmless PC and What's Cookin' Tonight LLC, and its members, officers, and agents, from any claim, demand, loss, liability, or expense, including reasonable attorneys' fees, arising out of or related to the food you prepare or sell, your violation of these Terms, or your violation of any law. This obligation survives termination of your account.

To the maximum extent permitted by applicable law, PC and What's Cookin' Tonight LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, and PC's total liability to you for any claim arising out of or relating to the platform is limited to the greater of the amount you paid to PC in platform fees in the twelve months before the claim, or one hundred dollars.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. This includes, under California law, liability for fraud, for a party's own willful or grossly negligent acts, and any other liability that California law does not permit to be waived. The limitations in this section apply only to the extent permitted by law.

Informal resolution first. If you have a dispute with PC, contact us at hello@whatscookintonight.com so we can try to resolve it. Most concerns can be resolved this way.

Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Nothing in this section limits any rights you have under California consumer-protection law, which applies regardless of this choice of law.

Venue. Subject to applicable law, you agree that disputes not resolved informally will be brought in the state or federal courts located in California.

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you and prompt you to re-agree on your next login. Your continued use after an update means you accept the updated Terms.

Termination. You may stop using PC at any time. We may suspend or terminate your access if you violate these Terms or create a risk to users or to PC.

Privacy. Our collection and use of personal information is described in our Privacy Policy.

What's Cookin' Tonight LLC

Email: hello@whatscookintonight.com