Last Update: Jan-2017

Acceptance of the Terms

BigPreneur Sdn Bhd (hereafter referred to as "Cook4U", "we", "us", or "our") provides an online platform that connects chefs and guests (collectively, the "Services"), which Services are accessible at www.cook4u.com.my (collectively, the "Site"), and as an application for mobile devices ("Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered Guest of the Services. These Terms govern your access to and use of the Site, Application, Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Cook4U. Please read carefully these Terms and our Privacy Policy, which may be found http://www.cook4u.com.my/public/privacyandpolicy.xhtml, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise use the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COO4UCHEFS (DEFINED BELOW) MAY CREATE POSTINGS (DEFINED BELOW) FOR DINING EVENTS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND MAKE RESERVATIONS. YOU UNDERSTAND AND AGREE THAT COOK4U IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COOK4UCHEFS AND GUESTS IN ANY CIRCUMSTANCE NOR DOES IT OPERATE AS A PLACE OF BUSINESS FOR VENDING FOOD OF ANY SORT. THE COOK HAS THE SOLE AND ULTIMATE RESPONSIBILITY FOR COMPLIANCE WITH ALL LAWS, REGULATIONS AND OTHER OBLIGATIONS REGARDING THE DINING EVENTS. COOK4U HAS NO CONTROL OVER THE QUALITY OF THE DINING EVENTS, PERSONS PRESENT AT THE DINING EVENTS, CONDUCT OF COOKS, GUESTS AND OTHER GUESTS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

"Cook4U Content" means all Content that Cook4U makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

"Collective Content" means Member Content and Cook4U Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or any other materials.

"Guest" means a Member who requests booking of a Dining Event via the Site, Application or Services, or a Member who consumes in the Dining Event in a location identified by the Cook4UChef.

"Cook4UChef" means a Member who prepares and/or serves a Dining Event to Guests.

"Dining Event" means any food listing offered by a Chef via the Site or Application.

"Member" means a person who completes Cook4U’s account registration process, including, but not limited to Cook4UChefs and Guests, 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, Application or Services.

"Tax" or "Taxes" mean any sales taxes, 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 Application (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, Application, 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, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION 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 APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN ANY REFERRAL PROGRAM.

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.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to locate and Dining Events prepared or organized by Cook4UChefs. Such Dining Events are included on the Site, Application and Services by Cook4UChefs. You may view Dining Events as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Dining Event or create a Dining Event, you must first register to create a Cook4U Account (defined below).

As stated above, Cook4U makes available a platform for Cook4UChefs and Guests to connect online. Cook4U is not an owner or operator of food establishments, including, but not limited to, restaurants. Cook4U does not cook or provide food materials for Cook4UChefs. Cook4U’s role is solely to facilitate the availability of Dining Events. Similarly, Cook4U is not a contracting agent or representative of any Cook. Instead, Cook4U’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED ONLY TO FACILITATE THE BOOKING OF DINING EVENTS. COOK4U CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY DINING EVENTS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DINING EVENTS. COOK4U IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL DINING EVENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUESTS’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to book a Dining Event or create a Dining Event, you must register to create an account ("Cook4U Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

We will create your Cook4U Account and your Cook4U Account profile page for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Cook4U 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. Cook4U reserves the right to suspend or terminate your Cook4U Account and your access to the Site, Application and Services if you create more than one (1) Cook4U 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 Cook4U Account, whether or not you have authorized such activities or actions. You will immediately notify Cook4U of any unauthorized use of your Cook4U Account.

Modification

Cook4U reserves the right, at its sole discretion, to modify the Site, Application 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 Application or may 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, Application or Services after we have posted a modification on the Site or via the Application 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, Application and Services.

No Endorsement

Cook4U does not endorse any Members, any Dining Events or any Member Content. 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, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application 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 Cook4U with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Dining Events.

Dining Events

As a Cook4UChef, you may create Dining Events. To this end, you will be asked a variety of questions about the Dining Event to be listed, including, but not limited to, the location, capacity, menu, date, and pricing and related rules and financial terms. In order to be featured in Dining Events via the Site, Application and Services, all Dining Events must have valid physical addresses and prices. Dining Events will be made publicly available via the Site, Application and Services. Other Members will be able to book your Dining Events via the Site, Application and Services based upon the information provided in your Dining Event. You understand and agree that once a Member requests a Cook4UChef’s Dining Event, the price for such booking may not be altered.

You acknowledge and agree that you are solely responsible for any and all Dining Events you have posted. Accordingly, you represent and warrant that any Dining Events you post and the booking of, or Guest attendance at, a Dining Event you post (i) will not breach any agreements you have entered into with any third parties, (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Dining Event included in a Dining Event 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; and (iii) agree not to invite any persons other than Guests at a Dining Event. Please note that Cook4U assumes no responsibility for a Cook’s compliance with any applicable laws, rules and regulations, or a Cook’s failure to comply with the aforesaid covenants.

You understand and agree that Cook4U does not act as an insurer or as a contracting agent for, or representative of, you as a Cook4UChef, and if a Member requests a booking of your Dining Event and consumes your food, any agreement you enter into with such Member is between you and the Member and Cook4U is not a party thereto. Notwithstanding the foregoing, Cook4U serves as the limited authorized payment collection agent of the Cook4UChef for the purpose of accepting, on behalf of the Cook4UChefs, payments from Members of such amounts stipulated by the Cook4Chef.

Please note that Cook4UChefs reserve the right, at any time and without prior notice, to remove or disable access to any Dining Event for any reason, including Dining Events that Cook4U, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

When you create a Dining Event you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Dining Event, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Dining Event. Any Member wishing to book Dining Events included in Dining Events with such requirements must meet these requirements.

If you are a Cook4UChef, Cook4U makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for your Dining Events. You acknowledge and agree that, as a Cook4UChef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Dining Event at your request.

Cook4U recommends that Cook4UChefs obtain appropriate insurance for their Dining Events. Please review any insurance policy that you may have for your Dining Event carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of persons (including the Guests and any individuals, if applicable) while at taking in your Dining Event.

Cook4U do not procure insurance for, nor are we responsible for, personal belongings left at any location by the Guests. None of the statements in this section should be interpreted as binding and are provided for quick reference only.

Bookings and Financial Terms for Cooks

If you are a Cook4UChef and a booking is requested for your Dining Event via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Cook4UChefs in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, and (ii) a link to the Member’s Cook4U Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Dining Event within such 24 hour period, any amounts collected by Cook4U for the requested booking will be refunded to the applicable Member’s credit card and any pre-authorization of such credit card will be released.

When you confirm a booking requested by a Member, Cook4U will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The fees displayed in each Dining Event are comprised of the Dining Event Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Dining Event Fees and Service Fees. The Dining Event Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Member solely relating to a Cook4UChef’s Dining Event are the "Dining Event Fees". Please note that it is the Cook4UChef and not Cook4U which determines the Dining Event Fees. The Dining Event Fee may include a cleaning fee at the Cook4UChef’s discretion, Cook4U charges a fee to Members based upon a percentage of applicable Dining Event Fees, which are the "Members Fees". The Members Fees are added to the Dining Event Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Dining Event. Cook4U will collect the Total Fees at the time of booking confirmation (i.e. when the Cook confirms the booking within 24 hours or more of the booking request) and will remit the Dining Event Fees (less Cook Fees (as defined below)) to the Cook4UChefs within 24 hours of when the Guest arrives at the applicable Dining Event.

Each Cook hereby appoints Cook4U as the Cook’s limited payment collection agent solely for the purpose of accepting the Dining Event Fees from Guest.

Each Cook4UChef agrees that payment made by a Member through Cook4U, shall be considered the same as a payment made directly to the Cook, and the Cook will make the Dining Event available to the Guests in the agreed-upon manner as if the Cook4UChef has received the Dining Event Fees. Each Cook agrees that Cook4U may, in accordance with the cancellation policy selected by the Cook4UChef and reflected in the relevant listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Dining Event Fees specified in the applicable cancellation policy. Each Cook4UChef understands that Cook4U accepts payments from Guest as the Cook4UChef’s limited payment collection agent and that Cook4U’s obligation to pay the Cook4UChef is subject to and conditional upon successful receipt of the associated payments from Guests. Cook4U does not guarantee payments to Cook4UChefs for amounts that have not been successfully received by Cook4U from Guests. In accepting appointment as the limited authorized agent of the Cook4UChefs, Cook4U assumes no liability for any acts or omissions of the Cook4UChefs.

Please note that Cook4U does not currently charge fees for the creation of Dining Events. However, you acknowledge and agree that Cook4U reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Dining Events. Please note that Cook4U will provide notice of any Dining Event fee collection via the Site, Application and Services, prior to implementing such a Dining Event fee feature.

Bookings and Financial Terms for Guests

The Cook4UChef, not Cook4U, are solely responsible for honoring any confirmed bookings and making available any Dining Events reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Cook4UChef for the booking of a Dining Event, you agree and understand that you will be required to enter into an agreement with the Cook4UChef and you agree to accept any terms, conditions, rules and restrictions associated with such Dining Event imposed by the Cook4UChef. You acknowledge and agree that you, and not Cook4U, will be responsible for performing the obligations of any such agreements, and Cook4U is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

Dining Event will specify the Total Fees. As noted above, the Cook4UChef is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Cook4U in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Cook4UChef), any amounts collected by Cook4U will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay Cook4U for the Total Fees for any booking requested in connection with your Cook4U Account if such requested bookings are confirmed by the applicable Cook4UChef. In order to establish a booking pending the applicable Cook4UChef’s confirmation of your requested booking, you understand and agree that Cook4U reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one ringgit (RM1), or a similar sum in the currency in which you are transacting ( e.g. one dollar) to verify your credit card. Once Cook4U receives confirmation of your booking from the applicable Cook4UChef, Cook4U will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Dining Event. Please note that Cook4U cannot control any fees that may be charged to a Guest by his or her bank related to Cook4U’s collection of the Total Fees, and Cook4U disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Cook4U or its third party payment processor. You agree to pay Cook4U for any confirmed bookings made in connection with your Cook4U Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Cook4U or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to Cook4U’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Service Fees

In consideration for providing the Services, Cook4U collects service fees from Cook4Uchefs and Guests ("Service Fees"). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Cook4UChef based upon a percentage of the amount of the Dining Event Fees ("Cook4UChef Fees"). Where applicable, Taxes may also be charged in addition to the Cook4UChef Fees. Cook4UChef Fees are deducted from the Dining Event Fees before remitting the Dining Event Fees to the Cook, within 24 hours of when the Guests arrives at the applicable Dining Event. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted to Cook4UChefs via, direct deposit or other payment methods described on the Site or via the Application, in the Cook4UChef’s currency of choice, depending upon the selections the Cook4UChef makes via the Site, Application and Services. Please note that for any payments by Cook4U in currencies other than Ringgit (RM), Cook4U may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.

Cancellation of Reservation

All Reservations are subject to Cook4U's cancellation policy, as stated below:

o If a Reservation is cancelled by a Guest at least 48 hours prior to the applicable Dining Event date, the Cook4UChef shall not be paid, and the Guest shall be reimbursed the full Amount net any commissions and fees paid by Cook4U.

o If a Reservation is cancelled by a Guest less than 48 hours before the applicable Dining Event, there will be partial or no refund to the Guest.

Your Reservation shall be deemed cancelled only upon receipt of Cook4U confirmation of your cancellation.

Cook4U reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Guest.

In case a Cook4UChef cancels Guest’s Reservation to participate in a Dining Event, Cook4U will credit Guest with the full Reservation Amount such Guest has paid to Cook4U. Cook4U reserves the right to charge the Cook4UChef, who cancels the Event with the Reservation Fees not collected.

Additionally, Cook4U reserves the right to charge back from Cook4UChef the Reservation Amount they received for organizing certain Dining Event if upon the receive of a complaint by a Guest with respect to such Dining Event, it believes, at its sole discretion, that such Dining Event was not compatible with Cook4U standards of service or in case of any misconduct of the Cook4UChef.

Cook4U shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Cook4UChef’s or Guest’s cancellation of a Reservation of the Event.

Cook4U shall not be liable to the Cook4UChef for any loss resulting in the failure to pay the Cook4UChef if for any reason whatsoever, the Amount payable by the Guest is not received by the Cook4UChef or is required to be returned to the Guest such as in the event of insufficient funds, fraudulent use of the card of the Guest, the card company or bank of the Guest failing to process correctly the payment or a failure on Cook4U’s side to take or make a payment when it is outside Cook4U’s reasonable control.

The Cook4UChef undertakes to return to Cook4U on demand any amount received in such circumstances.