Terms and conditions for Happy Home Chef

The following Terms of Service (“Terms”) is a legal agreement (“Agreement”) between you and I Happy Home Chef. (“Happy Home Chef”, “Us”, “We”, or “Our”) that governs your use of our website and application for mobile devices (collectively, the “Software”), provided in connection with our services. We call the services we make available to you the “Service.”

By accessing the Site, or by using any products or services provided by Happy Home Chef, you agree to, and are bound by, the terms and conditions of this Agreement and to the collection and use of your information as set forth in the Happy Home Chef policy, whether you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Happy Home Chef reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE Happy Home Chef SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

  1. Eligibility
    You may use the Service only if you can form a binding contract with Happy Home Chef, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.

     2. Cooking Services

  1. CUSTOMERS OBLIGATION
    Your obligations: If you choose to make a reservation for a cooking Service, then you must: (1) nominate the location of your residence while submitting a booking; (2) Let HHC workers/subcontractors know any allergies you have (3) ensure that someone will be able to give Happy Home Chef/ Subcontractors/workers access to your home or make arrangements for entry to the property, prior to the visit.  Failure to allow access at the allocated time will result in forfeiting payment; These should be made available on request. We will inform you of these needs prior to the service; (4) You understand that it is your responsibility to remove from plain sight and/or secure all valuables in your residence before Happy Home Chef arrives to cook in your kitchen and lock in a secure area any pets you have that can escape. Failure to adhere to your obligations hereunder may result in our inability to provide you with a cooking service. In no instance will Happy Home chef or subcontractors be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
  1. ENVIRONMENT
    Please make sure that your kitchen is clean, bins are empty, if you have a dishwasher make sure it is emptyand all benches, work surfaces, floors are clean and clutter free. If you have any pets please make sure that all hair is vacuumed from the area we cook in and the pet is secured safely when we cook.
  1. INGREDIENTS
    Due to food licensing laws and regs make sure that you keep all your ingredients that you purchase for the cook in the fridge or follow storage guidelines on the label if they are frozen or dry ingredients.
  1. CANCELLATION POLICY
    CANCELLATION of the booking can be made up to 48 hours prior to the service.
    Cancellations made less than 24 hours before allocated time can rebook for another available date but not receive a refund.
  1. NO REFUNDS
    Once a cooking service is completed, you will not be entitled to a refund for any reason.
  1. DISCLAIMER
    Our meals are prepared fresh, on your premises, with your ingredients.  Happy Home Chef will not be held responsible for any issues arising from the ingredients that you provide for us to prepare.

8.  ALLERGIES AND INTOLERANCES
It is the Customers responsibility to tell us anything that they are allergic to or cannot eat.
Happy Home Chef will not be held responsible for the contamination of ingredients provided by the customer.
Please let us know your allergies or intolerances before the booking is made.
Please note that all meals may contain traces of anything you are allergic to due to us using your kitchen and your utensils.

9. SECURITY & PRIVACY
Happy Home Chef cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

3. Online and Mobile Service Rules

  1. Acceptable use of the online and mobile service:
    You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Happy home chef servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Happy home chef) grants the operators of public search engines revocable permission to use spiders to copy materials from happyhomechef.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
  1. Changes to the Service:
    We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
  1. License Grant & Restrictions
    Happy Home Chef hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Happy Home Chef and its licensors.
    You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
    You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
  1. Our Proprietary Rights
    Happy Home chef alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by Happy Home Chef. Happy home Chef’s name, our logo, and the product names associated with the Software and Service are trademarks of Happy Home Chef or third parties, and no right or license is granted to use them.
  1. Billing Policies
    All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  1. Third-Party Links
    The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled byHappy Home Chef. Happy Home Chef does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Happy Home Chef Privacy Policy do not apply to your use of such sites. You expressly relieve from Happy Home Chef all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Happy Home Chef shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
  1. Internet Delays
    Happy Home Chef SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
    You agree to defend, indemnify and hold harmless Happy Home Chef and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any cooking Services received by you and performed by Happy Home Chef/ sub contractors; (ii) any alleged or actual loss or damage to property (including your residence), resulting from the performance of the Services hereunder (including the Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
  1. No Warranty
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Happy Home Chef DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, INCLUDING THE COOKING SERVICES PERFORMED BY Happy Home Chef or subcontractors, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICE, INCLUDING OUR COOKS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, WORKMANLIKE QUALITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Happy Home Chef, subcontractors, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR LOCATION, UNINTERRUPTED OR SECURE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
  1. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLHappy Home Chef, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING THE SERVICES PERFORMED BY HAPPY HOME CHEF’SSUBCONTRACTORS. UNDER NO CIRCUMSTANCES WILL HAPPY HOME CHEF BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAPPY HOME CHEF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR SERVICE, INCLUDING THE SERVICES PERFORMED BY OUR SUBCONTRACTORS OR HAPPY HOME CHEF; (III) THE ACTS OR OMISSIONS OF OUR EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES PERFORMING SERVICES ON OUR BEHALF; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY DELAY IN THE SERVICES, INCLUDING A DELAY OF HAPPY HOME CHEF’S REPRESENTATIVES IN PERFORMING SERVICES; (VI) THE FAILURE OF HAPPY HOME CHEF’SSUBCONTRACTORS TO PERFORM THE SERVICES; (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE OR MOBILE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HAPPY HOME CHEF, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS YOU PAID TO HAPPY HOME CHEF IN THE LAST 12 MONTHS HEREUNDER OR $100.000, WHICHEVER IS GREATER.
    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HAPPY HOME CHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  1.   Miscellaneous Terms and Dispute Resolution
    You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and Happy Home Chef will be governed by the laws of the State Queensland, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of the Happy Home ChefSoftware orHappy Home Chef Services must be commenced exclusively in the federal or state courts located in Brisbane, Queensland and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement, together with our Privacy Policy, constitute the entire agreement between you and Happy Home chef with respect to the Happy Home Chef Services and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and  Happy Home Chef with respect to the  Happy Home Chef services.

You agree that: (i) Happy home Chef shall be deemed solely based in BRISBANE; and (ii) the Software shall be deemed a passive website that does not give rise to personal jurisdiction over Happy Home Chef, either specific or general, in jurisdictions other than BRISBANE. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it.  If they are unable to resolve the dispute, either party shall commence binding arbitration before an Arbitration under the Rules of Commercial Arbitration, before a panel of three arbitrators.  The Agreement shall be governed by the laws of the State of QLD without regard to its conflicts of law provisions.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HAPPY HOME CHEF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Please contact us at happyhomechefbrisbane@gmail.com with any questions regarding this Agreement.