Terms & Conditions
Acceptance of the Terms
THE SITE, APPLICATION 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 BOOK MEALS. YOU UNDERSTAND AND AGREE THAT CHEFSAROUND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CHEFS AND USERS 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 MEALS. CHEFSAROUND HAS NO CONTROL OVER THE QUALITY OF THE MEALS, PERSONS PRESENT AT THE MEALS, CONDUCT OF COOKS, USERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Chefsaround Content" means all Content that Chefsaround 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 Chefsaround Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or any other materials.
"User" means a Member who requests booking of a Meal via the Site, Application or Services, or a Member who consumes a meal in a location identified by the Chef.
"Chef" means a Member who prepares and/or serves a Meal to User.
"Meal" means any food listing offered by a Chef or available for purchase via the Site or Application.
"Member" means a person who completes Chefsaround’s 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, 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, OR BY PARTICIPATING IN ANY REFERRAL PROGRAM, 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.
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 consume Meals prepared or organized by Chefs. Such Meals are included on the Site, Application and Services by Chefs. You may view Meals as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Meal or create a Meal, you must first register to create a Chefsaround Account (defined below).
As stated above, Chefsaround makes available a marketplace for Chefs and Users to connect online. Chefsaround is not an owner or operator of food establishments, including, but not limited to, restaurants. Chefsaround does not cook or provide food materials for Chefs. Chefsaround’s role is solely to facilitate the availability of Meals. Similarly, Chefsaround is not a contracting agent or representative of any Cook. Instead, Chefsaround’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 MEALS. CHEFSAROUND CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY MEALS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY MEALS. CHEFSAROUND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MEALS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE USERS’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Meal or create a Meal, you must register to create an account ("Chefsaround Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Chefsaround Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Chefsaround through the Site, Services or Application; or (ii) allowing Chefsaround to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Chefsaround and/or grant Chefsaround access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Chefsaround to pay any fees or making Chefsaround subject to any usage limitations imposed by such third party service providers. By granting Chefsaround access to any Third Party Accounts, you understand that Chefsaround will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Chefsaround Account and Chefsaround Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Chefsaround Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Chefsaround’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Chefsaround Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Chefsaround makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Chefsaround is not responsible for any SNS Content.
We will create your Chefsaround Account and your Chefsaround Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Chefsaround 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. Chefsaround reserves the right to suspend or terminate your Chefsaround Account and your access to the Site, Application and Services if you create more than one (1) Chefsaround 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 Chefsaround Account, whether or not you have authorized such activities or actions. You will immediately notify Chefsaround of any unauthorized use of your Chefsaround Account.
Chefsaround 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.
Chefsaround does not endorse any Members, any Meals 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 Chefsaround 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.
As a Chefs, 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 location, capacity, menu, date, and pricing and related rules and financial terms. In order to be featured in Meals via the Site, Application and Services, all Meal must have valid physical addresses and prices. Meals will be made publicly available via the Site, Application and Services. Other Members will be able to book your Meal via the Site, Application and Services based upon the information provided in your Meal. You understand and agree that once a User requests a Chef’s 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 booking of, or User attendance at, a Meal 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 Meal included in a 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; and (iii) agree not to invite any persons other than Users at a Meal. Please note that Chefsaround 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 Chefsaround does not act as an insurer or as a contracting agent for, or representative of, you as a Chefs, and if a User requests a booking of your Meal and consumes your Meal, any agreement you enter into with such User is between you and the User and Chefsarounf is not a party thereto. Notwithstanding the foregoing, Chefsaround serves as the limited authorized payment collection agent of the Chef for the purpose of accepting, on behalf of the Chefs, payments from Users of such amounts stipulated by the Chef.
Please note that Chefs reserves the right, at any time and without prior notice, to remove or disable access to any Meal for any reason, including Meals that Chefsaround, 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 Meal you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Meal, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Meal. Any Member wishing to book Meals included in Meals with such requirements must meet these requirements.
If you are a Chefs, Chefsaround makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for your Meals. You acknowledge and agree that, as a Chef, 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 Meal at your request.
Chefsaround recommends that Chefs obtain appropriate insurance for their Meals and Meals. Please review any insurance policy that you may have for your Meal 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 Users and any individuals, if applicable) while at taking your Meal.
Chefsaround has purchased an insurance coverage to protect Chefs. As with any insurance policy, additional insurance terms, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left at any location by the Users. None of the statements in this section should be interpreted as binding and are provided for quick reference only.
Bookings and Financial Terms
Bookings and Financial Terms for Cooks
If you are a Chefs and a booking is requested for your Meal 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 Chefs 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 User who has requested the booking, (ii) a link to the Users’s Chefsaround Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Feaster on such SNS, and (iv) an indication that the name that the Feaster provided to Chefsaround when the User became a Member matches the name that the Feaster provided to the SNSs to which the User has linked his or her Chefsaround Account, 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 Meal within such 24 hour period, any amounts collected by Chefsaround for the requested booking will be refunded to the applicable User’s credit card and any pre-authorization of such credit card will be released.
When you confirm a booking requested by a User, Chefsaround 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 Meal are comprised of the Meal Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Meal Fees and Service Fees. The Meal 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 User solely relating to a Chefs’s Meal are the "Meal Fees". Please note that it is the Chef and not Chefsaround which determines the Meal Fees. The Meal Fee may include a cleaning or delivery fee at the Chef’s discretion, Chefsaround charges a fee to Users based upon a percentage of applicable Meal Fees, which are the "Users Fees". The Users Fees are added to the Meal Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Meal. Chefsaround 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 Meal Fees (less Cook Fees (as defined below)) to the Chefs within 24 hours of when the User arrives at the applicable Meal.
Each Cook hereby appoints Chefsaround as the Cook’s limited payment collection agent solely for the purpose of accepting the Meal Fees from User.
Each Chef agrees that payment made by a User through Chefsaround, shall be considered the same as a payment made directly to the Cook, and the Cook will make the Meals available to the User in the agreed-upon manner as if the User has received the Meal Fees. Each Cook agrees that chefsaround may, in accordance with the cancellation policy selected by the Chef and reflected in the relevant listing, (i) permit the User to cancel the booking and (ii) refund to the User that portion of the Meal Fees specified in the applicable cancellation policy. Each Chef understands that Chefsaround accepts payments from User as the Chef’s limited payment collection agent and that Chefsaround’s obligation to pay the Chef is subject to and conditional upon successful receipt of the associated payments from Users. Chefsaround does not guarantee payments to Chefs for amounts that have not been successfully received by Chefsaround.com from Users. In accepting appointment as the limited authorized agent of the Chefs, Chefsaround assumes no liability for any acts or omissions of the Chefs.
Please note that Chefsaroud does not currently charge fees for the creation of Meals. However, you acknowledge and agree that Chefsaround reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Meals. Please note that Chefsaround will provide notice of any Meal fee collection via the Site, Application and Services, prior to implementing such a Meal fee feature.
Bookings and Financial Terms for Users
The Chefs, not Chefsaround, are solely responsible for honoring any confirmed bookings and making available any Meals reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Chef for the booking of a Meal, you agree and understand that you will be required to enter into an agreement with the Chef and you agree to accept any terms, conditions, rules and restrictions associated with such Meal imposed by the Chef. You acknowledge and agree that you, and not Chefsaround, will be responsible for performing the obligations of any such agreements, and Chefsaround is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Meals will specify the Total Fees. As noted above, the Chef is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Chefsaround 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 Chef), any amounts collected by chefsaround will be refunded to such user, depending on the selections the user makes via the Site and Application, and any pre-authorization of such user’s credit card will be released, if applicable.
You agree to pay chefsaround for the Total Fees for any booking requested in connection with your chefsaround Account if such requested bookings are confirmed by the applicable Chef. In order to establish a booking pending the applicable Chef’s confirmation of your requested booking, you understand and agree that chefsaround 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 chefsaround receives confirmation of your booking from the applicable Chef, chefsaround will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Meal. Please note that chefsaround cannot control any fees that may be charged to a user by his or her bank related to chefsaround’s collection of the Total Fees, and chefsaround disclaims all liability in this regard.
In consideration for providing the Services, chefsaround collects service fees from chefs and Users ("Service Fees"). Service Fees are made up of two (2) components: (i) User Fees and (ii) a fee that is charged to the Chef based upon a percentage of the amount of the Meal Fees ("chef Fees"). Where applicable, Taxes may also be charged in addition to the Chef Fees. Chef Fees are deducted from the Meal Fees before remitting the Meal Fees to the Cook, within 24 hours of when the users arrives at the applicable Meal. User Fees are, as noted above, included in the Total Fees.
Balances will be remitted to Chefs via, direct deposit or other payment methods described on the Site or via the Application, in the Chef’s currency of choice, depending upon the selections the Chef makes via the Site, Application and Services. Please note that for any payments by chefsaround in currencies other than Ringgit (RM), chefsaround may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.