Terms & Conditions
Last Updated: Nov 17, 2016
THE SITE, APP AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CHEFS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR MEALS (DEFINED BELOW) AND USERS (DEFINED BELOW) MAY LEARN ABOUT AND RESERVE FOOD. YOU UNDERSTAND AND AGREE THAT WECOOKS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COOKS AND USERS. WECOOKS HAS NO CONTROL OVER THE QUALITY OF THE FOOD, CONDUCT OF COOKS, USERS AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“WeCooks Content” means all Content that WeCooks makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and WeCooks Content.
“Content” means text, graphics, images, music, software (excluding the App), audio, video, information or other materials.
“User” means a Member who requests to reserve food via the Site, App or Services, or a Member who consumes food prepared by the Chef and marketed via WeCooks.
“Chef” means a Member who prepares and/or serves food via the Site, App or Services.
“Meal” means any food listing offered by a Chef and available for reservation via the Site, App, or Services.
“Member” means a person who completes WeCooks account registration process, including, but not limited to Chefs and Users, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and App (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, App, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, App, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APP OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APP, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, App and Services are intended solely for persons who are 18 or older. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older. Those under 18 may reserve WeCooks meals when authorized by a parent or guardian over the age of 18.
How the Site, App and Services Work
The Site, App and Services can be used to locate and consume homemade Meals prepared by Chefs in a Home or non-commercial environment. Such Meals are included on the Site, App and Services by Chefs. You may view Meals as an unregistered visitor to the Site, App and Services; however, if you wish to reserve a Meal or create a Meal, you must first register to create a WeCooks Account (defined below).
As stated above, WeCooks makes available a marketplace with related technology for Chefs and Users to connect online and share Meals. WeCooks is not an owner or operator of food establishments, including, but not limited to, restaurants. WeCooks does not cook or provide food materials for Chefs. WeCooks role is solely to facilitate the availability of Meals. Similarly, WeCooks is not a contracting agent or representative of any Chef. Instead, WeCooks role is solely to facilitate the availability of the Site, App and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APP AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF MEALS. WECOOKS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY MEALS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY MEALS. WECOOKS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MEALS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE USER’S OWN RISK.
In order to access certain features of the Site and App, and to book a Meal or create a Meal, you must register to create an account (“WeCooks Account”) and become a Member.
We will create your WeCooks Account and your WeCooks Account profile page for your use of the Site and App based upon the personal information you provide to us. You may not have more than one (1) active WeCooks Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WeCooks reserves the right to suspend or terminate your WeCooks Account and your access to the Site, App and Services if you create more than one (1) WeCooks Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your WeCooks Account, whether or not you have authorized such activities or actions. You will immediately notify WeCooks of any unauthorized use of your WeCooks Account.
WeCooks reserves the right, at its sole discretion, to modify the Site, App or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the App or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a modification on the Site or via the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.
WeCooks does not endorse any Members or any Meals. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, App and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from WeCooks with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Meals made by you.
As a Chef, you may create Meals. To this end, you will be asked a variety of questions about the Meal to be listed, including, but not limited to, the number of servings, ingredients, date, and pricing and related rules and financial terms. In order to be featured in Meals via the Site, App and Services, all Meal must have valid physical addresses. Meals will be made publicly available via the Site, App and Services. Other Users will be able to reserve your Meal via the Site, App and Services based upon the information provided in your Meal. You understand and agree that once a User requests a Meal, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Meals you post. Accordingly, you represent and warrant that any Meal you post and the reservation of a Meal you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Meal you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties. Please note that WeCooks assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations.
You understand and agree that WeCooks does not act as an insurer or as a contracting agent for, or representative of, you as a Chef, and if a User requests your Meal and consumes your Meal, any agreement you enter into with such User is between you and the User and WeCooks is not a party thereto. Please note that WeCooks reserves the right, at any time and without prior notice, to remove or disable access to any Meal for any reason, including Meals that WeCooks, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
Bookings and Financial Terms
Bookings and Financial Terms for Chefs
The fees displayed in each Meal are comprised solely of the Meal Fees (defined below), Delivery Fees (defined below) and Taxes, where applicable, may be charged in addition to the Meal Fees. The Meal Fees, the Delivery Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a User solely relating to a Chef’s Meal are the “Meal Fees”. Please note that it is the Chef and not WeCooks which determines the Meal Fees. WeCooks charges a delivery fee to Users based upon location of delivery, which are the “Delivery Fees”. The User Fees are added to the Meal Fees to calculate the Total Fees displayed in the applicable Meal. WeCooks will collect the Total Fees at the time of booking confirmation and will remit the Meal Fees to the Chef upon collection of the Meals once the chef has it ready for delivery.
WeCooks charges a fee to Chefs for the creation of Meals, based upon a percentage of applicable Meal Fees, which are “Service Fee”. Service Fees are not included in the Total Fees and is not payable by the User. Please note that WeCooks will provide notice of any Meal fee collection via the Site, App and Services, prior to implementing such a Meal fee feature.
Bookings and Financial Terms for Users
The Chefs, not WeCooks, are solely responsible for honoring any confirmed bookings and making available any Meals reserved through the Site, App and Services. If you, as a User, choose to enter into a transaction with a Chef for the booking of an Meal, you agree and understand that you have entered into an agreement with the Chef and you agree to accept any terms, conditions, rules and restrictions associated with such Meal outlined by the Chef in the posting of the Meal. You acknowledge and agree that you, and not WeCooks, will be responsible for performing the obligations of any such agreements, and WeCooks is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
If a requested booking is cancelled by the Chef, any amounts collected by WeCooks will be refunded to such User.
You agree to pay WeCooks for the Total Fees for any booking requested in connection with your WeCooks Account if such requested bookings are confirmed. In order to establish a booking and obtain confirmation of your requested booking, you understand and agree that WeCooks will charge your credit card for the Total Fees. Please note that WeCooks cannot control any fees that may be charged to a User by his or her bank related to WeCooks collection of the Total Fees, and WeCooks disclaims all liability in this regard.
In consideration for providing the delivery services, WeCooks collects delivery fees from Users (“Delivery Fees”).
In consideration for providing the services, WeCooks collects service fees from Chefs (“Service Fees”). The service fees will be a percentage of the applicable Meal fees. Service fees will be deducted from meal fees before payable to chef. Thereafter, Meal fees will be payable to Chefs upon collection of Meals.
General Booking and Financial Terms
Cancellations and Refunds
Users cannot cancel their reservations once confirmed.
If a Chef cancels a confirmed booking made via the Site, Services, and App, WeCooks will refund the Total Fees for such booking to the applicable User within a commercially reasonable time of the cancellation. v
If a User is grossly unsatisfied with a Meal provided by a Chef or becomes ill, the User may request a refund of the Total Fees by sending an e-mail with an explanation to firstname.lastname@example.org within 72 hours of receiving the meal. In the case of a refund, the Chef will be liable to refund the associated Meal fees.
In connection with your use of our Site, App and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, App or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• “stalk” or harass any other user of our Site, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an WeCooks’ User or Chef;
• register for more than one WeCooks’ Account or register for a WeCooks’ Account on behalf of an individual other than yourself;
• contact a Chef for any purpose other than asking a question related to a booking, such as a Chef’s Meals;
• contact a User for any purpose other than asking a question related to a booking or such User’s use of the Site, App and Services;
• when acting as a User or otherwise, recruit or otherwise solicit any Chef or other Member to join third party services or websites that are competitive to WeCooks’, without WeCooks’ prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site, App or Services;
• use the Site, App and Services to find a Chef or User and then complete a booking of a Meal transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Service Fees related to WeCooks’ provision of the Services;
• as a Chef, submit any Meal with false or misleading price information, or submit any Meal with a price that you do not intend to honor; or
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site or App, or any individual element within the Site, Services, or App, WeCooks’ name, any WeCooks’ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WeCooks’s express written consent;
• access, tamper with, or use non-public areas of the Site or App, WeCooks’ computer systems, or the technical delivery systems of WeCooks’s providers;
• attempt to probe, scan, or test the vulnerability of any WeCooks system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Foodie Shares or any of WeCooks’ providers or any other third party (including another user) to protect the Site, Services, App or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
WeCooks will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WeCooks may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that WeCooks has no obligation to monitor your access to or use of the Site, App, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, App and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. WeCooks reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that WeCooks, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. WeCooks cannot and does not offer Tax-related advice to any Members of the Site, App and Services. Additionally, please note that each Chef is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Meals.
Some Chef may pledge to donate a portion of the funds they receive from Meals Offered via the Site, App and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Chef does in fact make the donation he or she pledged to make.
WeCooks Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, WeCooks grants you a limited, non-exclusive, non-transferable license, to (i) access and view any WeCooks Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, App, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WeCooks or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to WeCooks a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, App and Services. WeCooks does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to WeCooks the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Foodie Shares’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, App and Services may contain links to third-party websites or resources. You acknowledge and agree that WeCooks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WeCooks of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of the Malaysia and foreign countries. You acknowledge and agree that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of WeCooks and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of WeCooks used herein are trademarks or registered trademarks of WeCooks. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com section of the Site and App. You acknowledge and agree that all Feedback will be the sole and exclusive property of WeCooks and you hereby irrevocably assign to WeCooks and agree to irrevocably assign to WeCooks all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At WeCooks’s request and expense, you will execute documents and take such further acts as WeCooks may reasonably request to assist WeCooks to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination and WeCooks Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, App and Services, and (b) deactivate or cancel your WeCooks Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event WeCooks terminates these Terms, or your access to our Site, App and Services or deactivates or cancels your WeCooks Account you will remain liable for all amounts due hereunder. You may cancel your WeCooks Account at any time by sending an email to firstname.lastname@example.org. Please note that if your WeCooks Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, but not limited to, any reviews or Feedback.
WeCooks respects copyright law and expects its users to do the same. It is WeCooks’s policy to terminate in appropriate circumstances the WeCooks Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
IF YOU CHOOSE TO USE THE SITE, APP, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WECOOKS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND CHEFS. THE SITE, APP, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WECOOKS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FOODIE SHARES MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE MEALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WECOOKS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MEALS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APP, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WECOOKS OR THROUGH THE SITE, APP, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CHEFS OR USERS. YOU UNDERSTAND THAT WECOOKS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APP OR SERVICES OR TO REVIEW OR VISIT ANY CHEFS. WECOOKS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APP OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND CHEFS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APP, SERVICES AND COLLECTIVE CONTENT, AND YOUR MEAL OR BOOKING OF ANY MEALS VIA THE SITE, APP AND SERVICES REMAINS WITH YOU. NEITHER WECOOKS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR FROM YOUR MEAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOODIE SHARES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WECOOKS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MEAL, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES, OR COLLECTIVE CONTENT, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APP AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A CHEF, THE AMOUNTS PAID BY WECOOKS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS (RM100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WECOOKS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not assign or transfer these Terms, by operation of law or otherwise, without WeCooks’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WeCooks may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by WeCooks (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If the Chef or User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WeCooks by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree to release, defend, indemnify, and hold WeCooks and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Meal, (iii) creation of a Meal or (iv) the use, condition or rental of a Meal by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Meal.
These Terms constitute the entire and exclusive understanding and agreement between WeCooks and you regarding the Site, App, Services, Collective Content, and any bookings of Meals made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Foodie Shares and you regarding bookings of Meals, the Site, App, Services, and Collective Content.
Controlling Law and Jurisdiction
Any claim relating to WeCooks or its use thereof will be governed by and interpreted in accordance with the laws of Malaysia without reference to its conflict-of-laws principles. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
The failure of WeCooks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WeCooks. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact WeCooks at firstname.lastname@example.org.