Effective July, 2016
Hcook, or our subsidiaries or other affiliates (collectively, "Hcook", “We”, or “Us”) connects local chefs (each a "Chef") with users (collectively “Foodies”) through an online platform (the "Services") allowing Chefs to provide information about food items (the “Products”) and users to purchase and pickup or have delivered the food items prepared by Chefs. By using the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.
These Terms expressly supersede any prior agreements or arrangements with you. Hcook may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason or no reason.
Hcook may amend the Terms related to the Services from time to time. Amendments will be effective upon Hcook posting such updated Terms at this location or the amended policies or supplemental terms on our Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LOCAL CHEFS MAY CREATE PRODUCT LISTINGS AND USERS MAY LEARN ABOUT THE PRODUCT LISTINGS AND SCHEDULE PURCHASE AND PICKUP OR DELIVERY OF THE ITEM(S). YOU ACKNOWLEDGE THAT HCOOK DOES NOT PROVIDE FOOD SERVICES OR FUNCTIONS AS A BUSINESS THAT SELLS FOOD AND BEVERAGES. YOU UNDERSTAND AND AGREE THAT HCOOK IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN CHEFS AND USERS. HCOOK HAS NO CONTROL OVER THE CONDUCT OF CHEFS, USERS AND HCOOK ACCOUNT HOLDERS OF THE SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CHEFS SHOULD UNDERSTAND HOW THE LAWS, RULES AND/OR REGULATIONS WORK IN THEIR RESPECTIVE STATES AND CITIES (COLLECTIVELY, "JURISDICTIONS"). SOME JURISDICTIONS HAVE LAWS, RULES AND/OR REGULATIONS THAT MAY LIMIT A CHEF'S ABILITY TO PROVIDE FOOD ITEMS AND/OR FOOD SERVICES. THESE LAWS, RULES AND/OR REGULATIONS CAN BE PART OF A JURISDICTION'S ADMINISTRATIVE, AGRICULTURE AND/OR HEALTH CODES. IN MANY JURISDICTIONS, CHEFS MUST REGISTER, GET A PERMIT, AND/OR OBTAIN A LICENSE BEFORE PROVIDING MEALS OR ENGAGING IN AND/OR PROVIDING THE SERVICES. CERTAIN JURISDICTIONS MAY PROHIBIT CHEFS FROM ENGAGING IN AND/OR PROVIDING THESE SERVICES ALTOGETHER. STATE AND LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS, RULES AND/OR REGULATIONS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. CHEFS SHOULD REVIEW ALL STATE AND LOCAL LAWS, RULES AND REGULATIONS BEFORE USING THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEB SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEB 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 SERVICE OR HAVE A HCOOK ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEB SITE, APP AND SERVICES.
You acknowledge and agree that you alone are responsible for any and all products that you provide through the Web Site, App and Services. Accordingly, you represent and warrant that any Product you post and any Product provided by Chef via the Web Site, App and Services will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Products listed or included via the Service, Web Site and App that you post (including having all required permits, licenses and registrations). Please note that Hcook assumes no responsibility for a Chef's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. You acknowledge and agree that as a Chef you are responsible for your own acts and omissions. Hcook reserves the right, at any time and without prior notice, to remove or disable access to any Products posted for any reason, including product postings that Hcook, in its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise harmful to the Web Site, App or Services.
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of Singapore, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Hcook Account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
You must not use the Service for any unlawful purpose. All information you provide through your Hcook Account, whether on our Services or to a third party, must be truthful, accurate and current. You shall correct any information that is no longer accurate or current. You must not “stalk” or otherwise harass another Member or any other person. You must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Hcook makes a significant effort to require Chefs to describe each product accurately on our Services. However, since the products are prepared by Chefs and not Hcook, occasionally a product that you receive may not look or taste exactly how it was described or depicted to you. You understand that this is normal, and you agree to accept such a Product, regardless of variation from its description or depiction. We cannot and do not guarantee the accuracy of any description or depiction of any Product. We reserve the right to change or update any such description or depiction and to correct errors, inaccuracies, or omissions at any time without giving you notice.
Hcook does not endorse any Chef or Product and Hcook does not represent that a Product is suitable or safe for your consumption. By using the 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 Member or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Hcook with respect to such actions or omissions.
Unless otherwise indicated in writing by us, the Web site, the App and all content and other materials contained therein, including, without limitation, the Hcook logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as described herein), other files and the selection and arrangement thereof (collectively, the “Content”) are the proprietary property of Hcook or our licensors or users, as applicable, and are protected by Singapore and international copyright laws.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Services and the Contents, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes, which shall be limited to use in furtherance of the Services. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Hcook or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the App and Content may include software components provided by Hcook or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
We may display content, advertisements and promotions from third parties through our Services, in connection with delivery of the Products or as part of the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Hcook is not responsible or liable in any manner for such interactions or Third Party Content.
There is no charge to register with us, create an Hcook Account, use our Web site or download the App on your mobile device. All payments and transactions will be arranged between the Chefs and users. Hcook will only be facilitating the display of Products. Hcook do not assume responsibility for any failure of Chefs to deliver Products nor failure of users to make payment.
In order to use most aspects of the Services, you must register for and maintain an active Hcook account (each an "Hcook Account"). By creating a Hcook Account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your Hcook Account information, (c) maintain the security of your password and accept all risks of authorized access to your Hcook Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Web site, the App or your Hcook Account.
By creating a Hcook Account, you also consent to receive electronic communications from Hcook (e.g., via email or by posting notices to the Web site or the App). These communications may include notices about your Hcook Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, video, sound, graphics, code, items or other materials (collectively, "User Content"). In the event you decide to share your User Content with others through the Services or third party platforms, you understand that this User Content will be viewable by others in accordance with privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas on our Services:
By using the interactive features and areas of our Services, you further agree not to create, post, share or store any of the following:
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on our Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Services at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to our Services or third-party websites, mobile apps or other online platforms connected to our Services, (e.g., Hcook's Facebook and Instagram page ), you hereby grant Hcook a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Hcook through our Services or third-party websites, mobile apps or other online platforms connected to our Services, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Hcook to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Hcook or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Hcook. Hcook shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device or when you receive text messages and other communications from Hcook. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Hcook does not guarantee that our Services, or any portion thereof, will function on any particular hardware or devices. In addition, our Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Hcook, and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Hcook Parties”), from and against all actual or alleged Hcook Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of our Services or Content, (b) any User Content you create, post, share or store on or through our Services or any User Content you create, post, share or store on third-party websites, mobile apps or other online platforms connected to our Services, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Services provided to you. You agree to promptly notify Hcook of any third party Claims and cooperate with the Hcook Parties in defending such Claims. You further agree that the Hcook Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hcook.
HCOOK IS ONLY RESPONSIBLE FOR PROVIDING THE WEB SITE, APP AND THE SERVICES UNDER THE TERMS OF THIS AGREEMENT. HCOOK SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY PRODUCTS THAT YOU ORDER THROUGH THE SERVICE.
ALL MEALS ARE PROVIDED BY CHEFS WHO USE OUR SERVICES. HCOOK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF ANY CHEF OR PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE PRODUCTS, THEIR CONTENTS AND/OR INGREDIENTS, AND THE WAY IN WHICH THEY ARE PREPARED AND YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. HCOOK IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGES CAUSED BY THE CONSUMPTION OF ANY PRODUCT, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY PRODUCTS ORDERED THROUGH THE SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
WE REQUIRE CHEFS TO DISPLAY THE MATERIALS, INGREDIENTS AND INFORMATION YOU VIEW ON OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, INGREDIENTS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS, INGREDIENTS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
YOU FURTHER AGREE THAT THE PRODUCTS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE MATERIALS AND/OR INGREDIENTS DISPLAYED ON OUR SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR MOBILE DEVICE, THE AVAILABILITY AND VARIABILITY OF PRODUCTS AND/OR INGREDIENTS, DISTINCT COOKING OR OTHER PREPARATION METHODS USED BY THE CHEFS. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MEAL ON OUR SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION AT THE TIME OF YOUR ORDER.
ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HCOOK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEB SITE, APP, CONTENT, SERVICES, MATERIALS AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE WEBSITE, APP OR SERVICES WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HCOOK, OR THROUGH THE WEB SITE, APP, CONTENT, SERVICES, MATERIALS OR PRODUCT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NEITHER HCOOK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, PREPARING AND/OR DELIVERING THE SERVICES OR PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, APP OR IN CONSUMPTION OF MEALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE 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. 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.
IN NO EVENT WILL HCOOK'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY PRODUCTS YOU HAVE RECEIVED EXCEED (I) THE AMOUNTS YOU HAVE PAID TO HCOK FOR USE OF OUR SERVICES OR (II) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HCOOK, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HCOOK.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Services (or any features or parts thereof) at any time and without liability therefore.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Hcook Pte Ltd
59 New Bridge Road
Attention: Copyright Agent
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
LIMITATION ON TIME TO COMMENCE ACTION, JURISDICTION AND ARBITRATION
You agree that any cause of action arising out of or related to these Terms and our Services must commence by you within one (1) year after the cause of action arose; otherwise, your ability to bring any case or cause or action against Hcook shall be permanently barred. Nothing herein shall be deemed to limit the period during which Hcook may bring any cause of action arising out of this Agreement against you. These Terms will be interpreted in accordance with the laws of Republic of Singapore, without regard to its conflict of law provisions. This Agreement shall insure to the benefit of each party and its successors, assigns and agents. Hcook may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.
Binding Arbitration. Any dispute or claim between you and Hcook, arising out of, or relating in any way to, the Terms, the Services, or your use of the Services (“Dispute”) shall be resolved exclusively by final, binding arbitration. By virtue of this Agreement you and Hcook are each giving up the right to go to court and have any Dispute heard by a judge or jury.
GOVERNING LAW AND VENUE
These Terms, your access to and use of the Services shall be governed and construed and enforced in accordance with the laws of the Republic of Singapore, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state courts of the Republic of Singapore.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, at any time and for any reason or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and Hcook relating to your access to and use of our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Hcook. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Homemade's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.