Terms

Introduction


The website of COOKY (the “Company”) provides an online marketplace platform (hereinafter referred to as the “Site”) to help Chefs and Customers connect with each other online for transactions.


Before you can use the site or any of the services of the Company, it is an absolute prerequisite that you first unconditionally agree with these terms and conditions and privacy policies. Hence, we highly encourage you to completely read and discern these terms and conditions and privacy policies prior to any usage of the site or any of the services found therein.


These documents are the policies and rules which govern your use of the site and the Company's services, any information which you may give to the same, the information which you may receive, and all matters relating to your use of the site or its services.


Therefore, if you disagree with any of these terms, then you are hereby required to immediately discontinue your use of the site or its services, until such time when you have already, and actually accepted and agreed to all these terms. Should you decide to continue in any way your use of the site or any of its services, you hereby acknowledge your agreement to be bound by these documents, or even any changes made therein by any officer, agent, or employee of the Company.

Amendments


You acknowledge and agree that the Company, in its sole discretion, can modify these terms and conditions as it sees fit, without having the obligation to give you any form of notification. You further agree that any amendments to these documents shall be automatically binding on you, and that the duty and responsibility of updating yourself with any changes is solely yours. Should the Company decide to notify you anyway of any amendments to this document, you agree that the latter has the sole discretion to choose any medium with which to inform you of such changes.

Website Access


The site does not warrant or represent that you will be able to access the site at any given time - service interruptions may occur due to reasons beyond the control of the site, or because the site has to undergo a maintenance procedure. The site hereby disclaims any liability relating to its performance, functionality, accuracy, quality or availability, and reserves the right to stop, modify, or reduce any component of its service, without the need of any prior notice to you.
You hereby agree that you will be solely responsible for setting up the required prerequisites in order to ensure the competent execution of the site, which can include a good Internet and Mobile access, or the appropriate device. You hereby agree to hold the site or the Company harmless of any liability pertaining to a reduced functionality of the site arising from an incompatible device, a substandard internet connection, or for any reason.

Website Information and Listings

By using the site of the Company, you hereby agree that any content or information which can be found on the site or the services of the Company, including any information given by Chefs or Customers, is only provided to you on an “AS IS” basis, and is not intended to serve as expert, health, legal, financial, expert, technical, or any form of advice to be relied upon in any way. You are therefore highly encouraged to do your own independent verification, confirmation, and fact finding on any information provided by the site or the Company, including any services or listings which may be listed by Chefs or Customers. You agree that the Company makes no guarantees, warranties, or representations of any kind regarding the reliability, accuracy, or veracity of any information contained in this site. You hereby further release the Company from any liability or danger which you might encounter any use of information on the site or its services.

You therefore agree that the Company, or any of its employees, agents, directors, shall in no way be liable to you for any information contained on the site, or any inaccuracies or errors on the site. You further agree that the Company in no way guarantees or represents the reputability of any of its users, or that they will transact with you in good faith, or in compliance with these terms.

You hereby absolutely release the Company from any liability from any of these incidents.

You also agree to further release the Company for any loss or damages which you might encounter, whether directly or indirectly, or any loss which you might suffer in connection with, or arising from, or directly because of your use of the site or the services of the Company, or on your reliance or interaction with any user which can be found on the site, or any substandard service or uncompleted payment which you might either give or receive, or any down time or non-availability of the site, interruptions due to hacks or viruses, any technical difficulties, or any hardware, software, or server malfunctions.

Should you have doubts in any way, the Company hereby encourages you to first seek legal advice before relying or acting on any of the information or services found on the site or herein.

By using the site or any of the services of the Company, you hereby agree and acknowledge that the site or the Company is simply a medium between its Chefs and Customer users, or the information or services between them, and since this is the case, you hereby release the Company from any liability or dispute which you might have with other users.

User Behaviour

Any immoral or illegal behaviour, or any action which is in violation of these terms and conditions and privacy policies is absolutely prohibited by the Company from its online marketplace. You hereby promise and guarantee that you will only use this site for legal and moral purposes, and that you will not violate any of these terms and conditions or privacy policies, and that you will not violate any laws and regulations.

You expressly agree not to:

• Maltreat, bully, or offend other users of the site
• Create false listings, bookings or transactions, or do any fraudulent actions through the site
• Engage in or spread any content which can be customarily considered as offensive, defamatory, unlawful, or obscene
• Engage in acts of spamming, contests, pyramiding, or other unscrupulous schemes or acts
• Use the site as a lead generation tool in order to get leads for your own personal benefit, or to create lists for other purposes, without the consent of the Company for both these incidents.
• Upload viruses, documents, hacks, or any files which might harm the site or its functions.
• Use scripts or software on the site.
• Stalk or harass other members
• Any other unlawful or immoral acts, or acts which are in violation of these terms and conditions.

 

Payment and Collection of Credit Card Information

By using the site, you agree that you may be required to make payments either to the site, other users, or third-party payment facilities installed by the site, whether directly, indirectly, or on an escrow basis. You hereby absolutely agree that the site may collect any and all personal information, Credit Card Information, or any information which is relevant to enable you to potentially or actually make payments to the site, its Owner, or any third-party payment gateways or facilities installed by the site. You also hereby absolutely agree to allow the site to charge and collect payments from you, and from the particular payment method you provided, or on the basis of the payment information you provided, whether directly, indirectly, or on an escrow basis. You agree that your mere use of this site represents your consent and approval to make the site, the Company, or its third-party Payment Facilities as your authorised representative in order to charge, debit, or collect amounts from your credit card, debit card, Square, PayPal, bank accounts or whatever payment method is the case.

 

You therefore expressly allow the site, the Company, or third-party payment facilities installed by the site to:
1. Charge you directly, indirectly, or on escrow, for any transactions on the site.
2. Charge you directly, indirectly, or on escrow, for any commission of the Company on transactions on the site.
3. Charge you directly, indirectly, or on escrow, for any amount required in order to resolve a dispute, as determined by the site or the Company in its sole discretion, for any transaction.
4. Charge you directly, indirectly, or on escrow, for any amount which the Company deems to have been paid erroneously to you.
5. Charge you directly, indirectly, or on escrow, for any amount which the Company deems is necessary for your usage of its site.

 

Refunds and Cancellations

If you wish to cancel a confirmed booking, the refundable amount from the booking total for depends on the notice given ahead of the event date:

Over 30 days notice Full refund

Over 3 weeks notice 75% refund

Over 2 weeks notice 50% refund

Over 1 week notice 25% refund

No amount is refundable for any cancellation made less than 1 week prior the event.

If there are any guest cancellations, the cancellation policy applies on a per head basis.

However, in its sole discretion, the site, the Company, or third-party payment facilities may return any payments you made in Escrow.

 

Commission on Transactions

Chefs on the site agree to pay a commission for any gross payments or sales received by the Chefs in connection with or arising from the Site or its services. Payments for any transactions on the site shall be first made to the Company, which shall be entitled to the above-mentioned fees prior to the release of the remainder of the payment to the respective Chef. Chefs agree that the Company may withhold or retain further amounts in its sole discretion should there be any disputes or irregularities in the transactions involved.

All Commission payments to be made under this Agreement shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority.

In the event of a dispute between the Chef or the Site (e.g. on the amount of the Commission), any amount of the Commission will be paid in accordance with the terms of this Agreement, notwithstanding the status or nature of the dispute.


Taxes

Chefs or Customers hereby expressly agree that they are solely responsible for filing any taxes in relation to their use or transactions made on the Site or any of its Services.

Disclaimer

By using the site or any of the services of the Company, you hereby absolutely agree to be bound by the terms of this disclaimer.

You hereby acknowledge and agree that the Company is only a medium between the transactions and interactions of its Customer and Chef users. Hence, the Company assumes no liability or even control concerning the safety, quality, accuracy, or legality of any of its users or their services, postings, offers, bookings, submissions, information, payment capacity, or even good faith.

The Company also does not guarantee in any way the authenticity or reputability of each user.

If there exists any dispute, or should a dispute arise between you and another user, you hereby hold the Company, or any of its agents, employees, or directors, free from any liability regarding any damages, claims, or losses which you might incur as a result of such a dispute.

Since the Company is only a medium between you and another user, you hereby agree that the Company merely facilitates the communication between you and other users (whether in furtherance of a routine transaction or a dispute), and any of these facilitated communication is not a guarantee or representation of the Company on behalf of the user from which it originated. You hereby agree that the sole responsibility for any payment, delivery, completion, or even losses for any transaction on the site, or transactions which you enter are solely yours. You hereby agree and acknowledge that the Company has no control or responsibility over the content, authenticity, services, or listings posted by users on site.

Warranty

You hereby acknowledge and agree that you are completely and solely responsible for your actions on the site or when using the services of the Company, including all its legal implications. You further agree that the Company has no responsibility or assumed liability for any of your actions, services, listings, or the actions of other users.

The site and the Company provides no warranty concerning the availability, quality, or reliability of any of the services found on the site, or any of the services or transactions of any user which may be found on the site.

No Agency

You agree that there absolutely exists no employer-employee relationship between you and the Company, or any independent contractual relationship between you and the Company, or even any agency, or joint venture relationship.

User Information

Before you can use the site or any of its services, you hereby agree that you may be required to undergo a user registration, and to provide your information in furtherance of such a registration. With this, you agree that you will only submit and provide to the Company, correct, up to date, and relevant information, and that you will not give any false, inaccurate, or misleading information, or information that is intended to mislead other users or even the Company. You hereby absolutely agree that the responsibility of ensuring the authenticity and relevancy of your information is solely yours. You also acknowledge that the Company, in its sole discretion, may modify or delete any information which you may have submitted or given to the site.

In your user registration, or as a requirement for registration, you may be required an email, username, password, or any other information. You agree that the sole responsibility of keeping your account safe and secure is yours.

Should you become aware of any unauthorised use or access of your account or email, or have become aware of any breach in the security of your account or email, then you hereby agree to immediately notify the Company. Further, you hereby agree to release the Company for any liability or claims arising from or in connection with any security breach of your account, or even any unauthorised use of your account. If the unauthorised use of your account causes damage to third parties, you hereby agree to absolutely indemnify the Company for such an incident, and to pay all litigation and related expenses for any claims arising from, or in connection with any unauthorised use of your account.

You hereby also expressly promise that you will never create multiple accounts in the site, and that your present account is not transferable.

User Indemnity

By using the site or any of its services, you agree to protect and uphold the reputation of the Company at all times in all your activity and transactions. You hereby absolutely agree to indemnify the Company for any potential or actual liability, losses, or damages which it might encounter or arise if you breach any of these terms and conditions, or violate any law, or for any conduct or action of yours which results in any threatening or damaging act to the Company, and promise to incur all costs of litigation, or related expenses of the Company concerning any disputes or claims which may arise in connection with, whether directly or indirectly, from any of your acts.

Limitation of Liability

By using the site or any of the services of the Company, you hereby agree to release the Company from any liability, claims, or damages which may arise directly or indirectly, or in connection with your use of the site or its services. If this provision shall be limited by any Court of law, you expressly agree that the maximum liability of the Company to you is your actual losses.


Customer or Chef User Feedback System & Comments

The Company reserves complete rights, control, and discretion over its User Feedback System and Commenting system. By using the website of the Company, you hereby agree that the Company has the sole and absolute authority over all matters concerning its feedback, rating, and commenting system, and has the sole discretion to amend at any time, publish, hide, conceal, or disable any ratings, feedbacks, or comments which may be found on the site concerning its Customers or Chefs or users.

The Company reserves the right to either modify or delete any feedback for any reason, including feedbacks that are erroneous, unintended, manipulated, or artificially placed in order to game the feedback system and artificially inflate the reputation of a particular user.

The Company reserves the right to change the visibility of any given feedback or comment, or to collect and display the same in whatever format it desires.

Since your feedback will come from other users and not the Company, you hereby agree to hold the Company harmless from any claims, damages, or liability from any feedback submitted, including illegal, immoral, obscene, unfair, derogatory, or false feedbacks which may have damaging or negative effects on your reputation. You also promise that you will completely indemnify the Company if the feedback you gave, or your dispute, exposes the Company to claims or liabilities against third parties.

You agree that the Company may immediately terminate or suspend your account as it sees fit if any claim or demand against the Company is initiated as a result of your use of the feedback or commenting system of the Company.

Marketing and Publicity

For Chefs and Customers, you agree that the Company and the site may disclose and publish the details of your business, your personal information, and any other particulars, including photographs and testimonies in relation to your business or information which can be found online or on your social media sites for marketing and publicity purposes of either your business or of the site. You agree to the said advertising, promotional and publicity activities without any payment or compensation.

Violations of Terms and Conditions

You agree that the Company has the sole discretion, for any violation of these terms and conditions or privacy policy, to issue a suspension or reprimand, or even to terminate your account. This holds true in situations where the Company is unable to verify any of the information which you have submitted, or believe in its sole discretion that you committed any illegal or immoral act.

You agree that any decision of the Company regarding this matter is final and unappealable, and that any action or even inaction or leniency of the Company shall not be construed as a waiver of its rights to claim under any law or court of competent jurisdiction.

Termination of User's Account

You agree that at all times, the Company has the sole discretion to maintain, reduce, or determine who are its users, and that the Company can terminate any account in its sole discretion, without the need of any particular justification. You also agree that the Company has the sole discretion to determine on which devices its site will work, and in which languages and/or countries it will be offered.

You agree that the termination of your account will mean that you will no longer be authorised to use or access the site or any of the Company's services – however, you also hereby agree that even if your account is terminated, you are still be bound by any prohibitions or requirements on your part contained in these terms, which shall survive the termination of your account.


Dispute Resolution Policy

The Company will use reasonable efforts to try to amicably solve or settle the disputes between its users. In the same manner, the Company reserves the right to implement temporary corrective measures or actions in relation to statuses of transaction, accounts, submitted works, payments, comments, or feedbacks.

You agree and acknowledge that any temporary corrective actions of the Company on these matters is final and not open to contestation. You further agree to release the Company from any liability in connection with its implemented actions.

You also agree and acknowledge that the Company is not a party to your dispute with co-users, and is simply a medium for your transactions. As such, the Company may help facilitate the dispute through communications, or its corrective actions, or by referral to external authorities. In all cases you agree to release the Company from any damages or liability which may arise from your disputes with other users, and also agree to completely indemnify the Company in case the latter is faced with actual or threatened liability as a result of your dispute with another user.

If you are a Customer who has transacted with a Chef in the Site, we highly encourage you to only pay or release any funds to the Chef upon due diligence, and if and only if you honestly believe in the legitimacy of the Chef’s reputation and services. For avoidance of any doubt, you hereby agree that if you have transacted with a Chef on the site, any release of full payment on your part shall be construed and interpreted as your complete satisfaction and acknowledgment of the reputation and services of the Chef.

 

Updates to the Website

The Company may update its services, system, or features as it sees fit, and reserves the right to discontinue any of the features or services of its site as it sees fit, without the need of any prior notice to its users.

Links

Various links may be featured on the site for your convenience. If you click on any of these links, or are redirected because of these links to another site, you hereby acknowledge and agree that the operations and content of the target websites of these links are beyond the control of the site or the Company. As such, you hereby release the Company from any liability or claim if you are exposed to any danger or harm by visiting such sites or by clicking on these links.

Applicable Law

These terms and conditions, and any dispute and interpretation required which may arise from your usage of this website shall be governed exclusively by the laws of COOKY, and all judicial actions shall have this as the venue, to the exclusion of all possible venues.

Non-Compete and Non-Circumvention Policy

You agree not to transact directly or indirectly with any Chef or User (or engage privately with the same) outside the Site for at least two (2) years from the time you encountered or discovered the said user on the Site, unless you can prove with credible and actual evidence that you have already transacted with the said Chef or User prior to your use of the Site, or at least two (2) years have elapsed since the time you encountered the said Chef or User on the Site.

Privacy Policy

This Privacy Policy governs the collection and the use of your personal information on the site. Whenever you use the site or the services of the Company, you hereby agree to give authorisation to the Company to collect your information which you expressly provide, or which the Company can collect as an incident to your use of the site or its services, or which can be gathered from other sources including the internet, search engines, mailing lists, advertisers, contractors, and the like.

You hereby agree that the Company may collect from you the following details: name, address, email, credit card, Square, Paypal, banking, and any other details, and that this agreement also constitutes your automatic authorisation to allow the Company, or any of its third party payment facilities installed on its site to charge you or to debit or collect payments from you. You hereby likewise authorise the Company to store these collected information of yours either in its website or servers.

For your convenience, you are also encouraged by the Company to enable the usage of your cookies in order to fully utilise the functionality of the website. You agree for the Company to utilise cookies in order to collect your information.

You also agree to authorise the Company to store your user and website behavioural information on its site, which may include but are not limited to your ip details, browser used, navigation patterns, landing pages visited, length of stay on certain pages, and other analogous information. Should you provide personal information which belongs to a third party to the Company or to the site, you are required to have previously presented these terms and conditions and privacy policy to that person, and received in writing their consent to be bound by the same.

You agree that the Company may use your collected information for either its primary or secondary purposes, which may include sending you personalised offers, designs, or services, and also to possibly help facilitate better communication and information between the Company and yourself, or between you and other users.

You further agree to authorise the Company to disclose any of your information pertaining to specific marketing demographics, including personal identifiers, which may have a connection with but are not limited to your age, organisations, gender, ethnicity, job history, partners, or any other analogous information to its third party affiliates, partners, or even law enforcement officers.

In its sole discretion, you also agree that the Company may retain your collected personal information that it has collected for up to 2 years counted from your last actual usage of the website or the Company's services. After this period has lapsed, you agree that in order to remove this information of yours, you would be required to formally request from the Company the removal of your information (if still existing), unless required by law or governmental authority to be retained.

To protect the Company from any copyright or intellectual property violations, you hereby grant the Company, by using this website, a non-exclusive, free, irrevocable, and worldwide license to use your copyright and other intellectual property rights which you may have to any information you may have provided, irrespective of its format, which may include your profile pictures, files, documents, logos, etc. You hereby expressly authorise the Company to use these intellectual property of yours in any way.

You also hereby represent and guarantee that you own any information or work which you claim is yours upon submission, and that you possess or are sufficiently authorised concerning the intellectual property of these information or works, and that they do not constitute and illegal, defamatory, or obscene matters. You hereby release the Company from any liability arising from or in connection with any information which you may have provided, or we collected, and agree to indemnify the Company in case the latter encounters any potential or actual claims, damages or liabilities on the basis of your provided information.

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