- Last updated: 26 July 2017
- We, Bittersweet Creations Limited (the “Company”), are glad that you have chosen to visit www.mobichef.com (the “Website”) and utilize our services. The Website provides or will provide a wide variety of resources to users including without limitation to providing an opportunity to engage a preferred personal chef (the “Chef”) to prepare, handle and cook your preferred / proposed menu (the “Menu”) at your directed and designated place (the “Venue”) for a dining occasion via a physical and/or an online platform called “Mobichef” (the “Platform”) (the “Services”).
You further acknowledge and accept that an offer and acceptance of joining the Platform and using the Services (including Chef Services) are in whole expressed by means of electronic records and you shall not challenge the validity of the possible contractual relationship between you and us on the sole ground that an electronic record was used for that purpose.
- 2. Your Registration Obligations
- In consideration of your access and use of the Website and the Services (including Chef Services) and/or the joining of Platform, you represent that you are of legal age to form a binding contract between you and us. You also agree to:
(a) provide true, accurate, not otherwise misleading, current and complete information about yourself; and
(b) maintain and promptly update your information as described in Clause 2(a) above to keep it true, accurate, not otherwise misleading, current and complete.
If you provide any information which is untrue, inaccurate, misleading, incomplete, or not updated, or we have reasonable grounds to suspect that such information is untrue, inaccurate, misleading, incomplete, or not updated, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website and the Services (including Chef Services) and joining of the Platform.
If you would like to change the details of registration, please login to the Website and update your details of registration, so our records will be updated accordingly.
- 3. Chef Services (Service Delivery)
- (a) The ingredients and seasonings required for the Menu shall be sourced, bought and brought to the Venue by the Chef, and then prepared, handled and cooked at the Venue by the Chef;
(b) The Venue will be returned to the original state with used cookware (but not tableware/glassware) of the Venue cleaned; and
(c) The Chef may bring his/ her assistants to attend the Venue for rendering the Chef Services, subject to your approval which shall not be unreasonably withheld.
- 4. Payment
- You acknowledge and accept that:-
(a) the price of Menu set out at the Platform (the “Price”) are all inclusive without any subsequent additional charge and/or gratuity;
(b) currency of all the prices as set out at the Platform and/or Website is in Hong Kong Dollar unless otherwise specified;
(c) you shall pay the Price in full to make a booking request of the Chef Services;
(d) we shall not be liable for any losses caused by third party payment mechanism;
(e) all payments paid are non-refundable unless (i) your booking of the Chef Services are rejected by the Chef, where all payments paid shall be fully refunded without interests; or (ii) under specified circumstances as further described in the Gourmet Guideline, where payments paid shall be partially or fully refunded without interests.
- PayPal operates an open, secure and technology agnostic payments platform that businesses use to securely transact with their customers online, in stores and increasingly on mobile devices. With 192 million active customer accounts, PayPal is a global payments platform that is available to people in more than 200 markets, allowing customers to get paid in more than 100 currencies, withdraw funds to their bank accounts in 56 currencies and hold balances in their PayPal accounts in 25 currencies.
- PayMe is a new mobile payments service from HSBC. PayMe is open to anyone in Hong Kong holding a personal HK dollar Mastercard or Visa credit card and a HK dollar personal bank account issued by a licensed bank in Hong Kong. Users of PayMe can send and receive money via social network (Whatsapp, Facebook Messenger or SMS) for free using industry-standard encryption.
- 5. Use of the Platform
- (a) You are welcomed to attend communication with the Chef regarding the arrangement of Venue and the Chef Services via the Platform;
(b) You are welcomed to write a review and share your photographs at the Platform to endorse our Services and Chef Services and to help us and the Chef to improve. You shall however ensure that the content of such comments and reviews shall not violate any laws, including but not limited to the laws of copyright and defamation;
(c) The Company has sole discretion to remove any part of the content uploaded and presented from the Platform without notice.
- 6. Acknowledgement from You regarding Use of Platform, Services and Chef Services
- You understand and acknowledge that:-
(a) the entitlement of the Chef Services is subject to the full payment of the Price via Platform;
(b) the booking of the Chef Services via Platform may only be changed under specified circumstances and as further described in the Gourmet Guideline;
(c) we only act as an independent third party facilitator to facilitate the rendering of the Chef Services by the Chef to you, and the Chef Services are exclusively provided by the Chef. Nothing contained herein shall be construed as creating any contractual and/or tortious relationship between you and us regarding the Chef Services;
(d) we shall use our best endeavor to make available the Chef as chosen by you via the Platform for Chef Services and shall use our best endeavor to find the best substitute of Chef in the event that the original Chef cancel his/her participation at the Platform;
(e) you shall be solely responsible for any injuries that may happen during the Chef Services, and are therefore encouraged to arrange insurance with a sufficient insured sum in respect of any accidents arise out of or in the cause of the activities during the Chef Services;
(f) you shall inform the Chef in advance and in a full and frank manner any dietary restrictions and allergies of the participants who will enjoy the Chef Services via the Platform;
(g) you shall be solely responsible for the safekeeping and therefore any loss of personal belongings at the Venue;
(h) you shall follow the Gourmet Guideline issued and as from time to time changed by the Company;
(i) if the Chef Services are postponed and/or cancelled due to reasons beyond the control of the Company, including but not limited to bad weather such as typhoon signal no. 8 or above or black rainstorm signal is hoisted, you shall have no claim against the Company for any costs, damages or expenses howsoever arising or indirectly as a result of the postponement /cancellation of the Chef Services, and in that event the Company shall have sole discretion to take steps to mitigate the loss incurred, and that you have no objection to the mitigation steps taken by the Company;
(j) we provide the Platform and the Services (including Chef Services) from a wide range of third party service providers. We shall not be liable for any loss or damage arising from you due to the negligence /substandard of any third party services providers;
(k) you shall not engage in whatsoever manner the services similar to the Chef Services of the Chef directly without prior approval of the Company and/or via the Platform;
- (l) you have read the Gourmet Guideline to understand the chef services, and all the related policies including but not limited to delivery policy (Welcoming your chef) and cancellation policy (Changing booking details).
- 7. Warranties of the Participants
- You hereby warrant and represent that you shall:-
(a) ensure that it is not legally prohibited to cook and/or handle food at the Venue;
(b) maintain and/or ensure a good and safe state of the Venue and all required Venue facilities, cookware and equipment before and during the performance of the Chef Services;
(c) allow the Chef to take photographs against the Venue immediately upon his/ her arrival at the Venue to ascertain the original state of the Venue;
(d) maintain basic courtesy and respect towards the Chef, his/her assistants and/or other third parties and avoid discussing sensitive topics with them during the Chef Services;
(e) not abuse the use of and cause any damages to the facilities at the Venue;
(f) not abuse the use of and cause any damages to the tableware and glassware rented by us through the Platform and/or the Services;
(g) shall not take any pictures / videos on the Chef during the Chef Services unless with the express consent by the Chef;
You further acknowledge and accept that we together with the Chef jointly and severally reserve the rights to promptly expel you from the Platform and/or cease the performance of the Chef Services without any refund shall you be in serious breach of any of the above warranties and representations and without taking any remedial action after our warning.
- 8. Ownership and use of Material and Information on the Website and the Platform
- The Website and the Platform display brands, trade marks and registered trade marks, which are registered in Hong Kong Special Administrative Region of The People’s Republic of China and/or other countries / regions. Unless otherwise stated, we own the intellectual property rights in the content and information in the Website and the Platform, including but not limited to all text, format, arrangement, sound, photographs, digital images, logos, videos, graphics, design, underlying source code and software. Other products and company names mentioned on the Website and the Platform are proprietary to their respective owners. Material and information, either whole or in part, from this Website and the Platform should not be reproduced, stored, copied, republished, downloaded, posted, broadcast or transmitted in any form or medium without our and/or the appropriate owners’ prior written permission. The views expressed by other users on our Website or Platform do not represent our views or values.
Any material you upload to our Website will be considered non-confidential and non-proprietary. You acknowledge and agree that we have the right to use, copy, distribute and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute and disclose to third parties any such material or data for any purpose related to our business. We also have the right to disclose your identity to any third party who is claiming that any content that you post or upload to our Website or Platform constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible for the content or accuracy of any content posted by you or any other user of our Website or Platform. You are solely responsible for securing and backing up your content uploaded.
- 9. Links
- You shall not include a link to our Website without our written permission. The Website may provide links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and are not responsible for any content or other materials on or available from such sites or resources.
- 10. Cookies
- 11. Virus Warning
- We do not represent or warrant that any files obtained from or through the Website are free from computer viruses or other defects. You acknowledge and accept all responsibility for any loss, damage or other consequence resulting directly or indirectly from the use of those files. You should install and maintain your own anti-virus program and/or other security precautions.
- 12. Legal Notice and Notification
- Any notice to us shall be directed at the following mail or email addresses:
Mail address: The Bittersweet Creations Limited
Email address: [email protected]
- 13. Disclaimer
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE AND SERVICES (INCLUDING CHEF SERVICES) AND JOINING OF THE PLATFORM IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED;
(b) WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE AND THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED;
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT;
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- 14. Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE OR DELAY IN THE USE OF THE WEBSITE; (b) THE JOINING OF THE PLATFORM AND/OR SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ANY DATA IN OR CONNECTED TO YOUR COMPUTER; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (e) ANY VIRUS; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE. THE TOTAL COMPENSATIONS AVAILABLE TO YOU BY US SHALL IN NO CIRCUMSTANCE EXCEED THE PRICE YOU PAID TO US.
- 15. Governing Laws
- The Agreement is governed by, construed and enforced in accordance with the laws of Hong Kong Special Administrative Region, the People’s Republic of China. Any disputes arising from the Agreement or in connection with the use of the Website are subject to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region, the People’s Republic of China. The Website may be accessed from overseas. We make no representation that the content on the Website complies with the laws of any country or region outside Hong Kong Special Administrative Region, the People’s Republic of China. If you access the Website from outside Hong Kong Special Administrative Region, the People’s Republic of China, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the content and the Services contained in the Website is in compliance with all laws in the place in which you are located.