Terms of Use

This page sets out the terms and conditions ("the Terms") on which Home Cook Chef ("we", "our", “us”) provides access to our technology platforms including websites and any mobile applications through which you order products mainly for food and/ or meal services (“Products”) with our independent third-party providers (“Home Chefs”). By ordering anything through our technology platforms, you agree to be bound by these the Terms.


I. TERMS AND CONDITIONS OF USE AND SALE


1. INTRODUCTION

1.1. The Services: Home Cook Chef provides technology platforms for you to communicate your orders ("Orders") for products ("Products") to our talented network of Home Chefs who are the independent third-party providers of Home Cook Chef. The legal contract for the supply and purchase of Products is between you and the Home Chefs who are our independent third-party providers that you place your Order with where we will conclude the sale of Products on behalf of the Home Chefs.

 

2. ONLINE PLATFORMS ACCESS AND TERMS


2.1. Websites and applications access: You may access some areas of the website and mobile applications belonging to Home Cook Chef without making an Order or registering your details with us. Most areas of the Website are open to everyone.


2.2. Acceptance of the Terms: By accessing any part of the Website, you indicate that you accept the Terms. If you do not accept the Terms, you should leave our online platforms immediately, and you will not be able to order any Products through Home Cook Chef.


2.3. Amendment of the Terms: Home Cook Chef may revise the Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you. Any amendments of the Terms will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable services and Products. Your continued access or use of Home Cook Chef’s Services after such posting constitutes your consent to be bound by the Terms, as amended. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

 

3. YOUR STATUS


3.1. Capacity and age: By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts with a Home Cook, and you are at least 18 years old.


3.2 Food Allergies or Intolerance: You acknowledge and agree that if you have any specific food allergies or dietary intolerances, you will contact us to clarify the Home Chef directly to check that the food is suitable for you, before placing your order directly with them. It is


 

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED


4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Home Chef and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is your responsibility to check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Home Chef.


4.2. Amendment or cancellation of your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Support team as described in paragraph 6.3 and they will attempt to contact the independent Home Chefs in order to communicate your requests. However, there is no guarantee that we will be able to reach the Home Chef is able to your requests for changes of your Order as they may have already started processing your Order.


4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Home Chef.


4.4. Processing your Order and Home Cook rejections: On receipt of your Order, we will send it to the relevant Home Chef and will notify you that your Order has been received and is being processed. Please note that any confirmation page that you may see on the technology platforms and any other methods of Order that you may receive for each confirm that you have established a contract for the sale of Products with a Home Chef but does not necessarily mean that your Order will be fulfilled by the Home Chef. We encourage all our Home Chefs to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Home Chef rejects your Order. However, Home Chefs have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reasons. In doing so, Home Chefs will be in breach of their agreement with you and any payment made in respect of the order will be returned to you.


 

5. PRICE AND PAYMENT


5.1. Delivery costs: Prices will be as quoted on our technology platforms. These prices may exclude delivery costs and any administration or service charges imposed by the Home Chef. These will be added to the total amount due where applicable.


5.2. Incorrect pricing: Our platforms contain a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on our online paltforms, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Home Cook is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.


5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card. If you pay by credit or debit card, you may be required to show the card to the delivery driver at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order.


5.4. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Home Cook Chef, and you pay for any balance by credit or debit card.


5.5. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Home Chef or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Home Chef will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.


 

6. CUSTOMER SUPPORT


6.1. General: We want you to be delighted with your order. Our Customer Support team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Support team by clicking or selecting the "Help Center?" or similar button or by sending us a message or enquiry. 6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Support team as described above and our team will attempt to contact the Home Chef in order to follow up on your query.


6.2. Change or cancellation of your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Support team as described above and they will attempt to contact the Home Chef in order to communicate your requests. However, there is no guarantee that we will be able to reach the Home Chef or that the Home Chef will agree to your requests as they may have already started processing your Order.


6.3. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Home Chef, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.


6.4. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Home Chef and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact us within 12 hours of your order being received, documenting the problem that you have with photographic evidence, if possible.


 

7. LICENCE


7.1. Terms of permitted use: You are permitted to use our technology platforms and print and download extracts from the Website on the following basis: 7.1.1. You must not illegally copy our content or misuse the Website and mobile applications; 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the technology platforms and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved; 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text; 7.1.4. You must ensure that our status as the author of the material on our websites and mobile applications e is always acknowledged; 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.


7.2. Limitation on use: Except as stated in paragraph 7.1, our technology platforms may not be used, and no part of the website and mobile applications may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission. 7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.


 

8. ONLINE PLATFORMS ACCESS


8.1. Online platforms availability: We do not guarantee that the website and mobile applications will be available at all times, and on all platforms.


8.2. Suspension of access: Access to our technology platforms may be suspended temporarily at any time and without notice.


8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to our technology platforms ; any transmission is at your own risk.


 

9. LINKS TO AND FROM OTHER WEBSITES


9.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.


9.2. Linking permission: You may link to Home Cook Chef website's homepage, provided that: 9.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation; 9.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists; 9.2.3. any website from which you link must comply with the content standards set out in the Terms (in particular paragraph 9 (Visitor Materials and Reviews)); 9.2.4. we have the right to withdraw linking permission at any time and for any reason.


 

10. DISCLAIMERS FOR INFORMATION SUBMITTED ON OUR PLATFORMS


10.1. Displayed information: While we try to ensure that information on the Website and mobile applications is correct, we do not promise it is accurate or complete. We may make changes to the material on the technology platforms, or to the functionality, Products and prices described on it, at any time without notice. The material on the technology platforms may be out of date, and we make no commitment to update that material.


10.2. Food allergies, dietary and other menu information: When a Home Chefs signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or applications exactly as it appears on the Home Chef's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact us before placing your order. While we will do our best to get accurate information from the Home Chef on your behalf, we can never guarantee complete accuracy.


10.3. Home Chef actions and omissions: The legal contract for the supply and purchase of Products is between you and the Home Chef, who is our independent third-party provider that you place your Order with. We have no control over the actions or omissions of any Home Chefs. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website: 10.3.1. We do not give any undertaking that the Products ordered from any Home Chef through our technology platforms will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties. 10.3.2. Estimated times for deliveries and collections are provided us and are only estimates. Neither we nor the Home Chefs guarantee that Orders will be delivered or will be available for collection within the estimated times. 10.3.3. We encourage all our Home Chefs to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Home Chef rejects your Order. However, we do not guarantee that Home Chefs will accept and fulfil all Orders, and Home Chefs have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason. 10.3.4. The foregoing disclaimers do not affect your statutory rights against any Home Chef. 10.4. Exclusion of terms: We provide you with access to and use of our technology platforms on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to our technology platforms and your use of them (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into the Terms, by statute, common law or otherwise).


11. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY


11.1 Disclaimer:


The services are provided “as is” and “as available.” Home Cook Chef disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Home Cook Chef makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or products (food and/ meal services) requested through the use of the services, or that the services will be uninterrupted or error-free. Home Cook Chef does not guarantee the quality, suitability, safety or ability of our independent third-party providers, i.e. Home Chefs. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.


11.2 Limitation of liability:


Home Cook Chef shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Home Cook Chef has been advised of the possibility of such damages. Home Cook Chef shall not be liable for any damages, liability or losses arising out of:


  • Your use of or reliance on the services or your inability to access or use the services; or
  • Any transaction or relationship between you and any of Home Chef who is our independent contractor or third-party provider, even if Home Cook Chef has been advised of the possibility of such damages. Home Cook Chef shall not be liable for delay or failure in performance resulting from causes beyond Home Cook Chef’s reasonable control. In no event shall Home Cook Chef’s total liability to you in connection with the services for all damages, losses and causes of action exceed twice the value of your order.

     

    Home Cook Chef’s services may be used by you to request food, goods or meals service with Home Chefs who are our independent third-party providers, but you agree that Home Cook Chef has no responsibility or liability to you related to any products or services provided to you by Home Chefs who are our independent third-party providers other than as expressly set forth in these terms.

     

    The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

11.3 Indemnity:


You agree to indemnify and hold Home Cook Chef and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

  • Your use of the services or products obtained through your use of the Services;
  • Your breach or violation of any of these Terms;
  • Home Cook Chef’s use of your User Content; or
  • Your violation of the rights of any Home Chef who is our independent contractor or third-party provider.

12. TERMINATION


12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use our technology platforms.

13. WRITTEN COMMUNICATIONS


13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the website or mobile applications ordering Products, you accept that communication with us will be mainly electronic. We will contact you email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


14. FORCE MAJEURE


14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 14.2.1. strikes, lock-outs or other industrial action; 14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 14.2.3. pandemic, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 14.2.5. impossibility of the use of public or private telecommunications networks; and 14.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

14.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.


15. ADDITIONAL TERMS


15.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.

15.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the technology platforms and your use of them, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into the Terms by this reference.

15.3. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.4. Entire agreement: The Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

15.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

15.6. Assignment: You may not transfer any of your rights or obligations under the Terms without our prior written consent. We may transfer any of our rights or obligations under the Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

15.7. Headings: The headings in the Terms are included for convenience only and shall not affect their interpretation.


16. GOVERNING LAW AND JURISDICTION


16.1. These Website Terms shall be governed by and construed in accordance with Malaysian law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Malaysian courts.


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