Terms & Conditions

Diners Terms & Conditions

Please read the “Terms & Conditions” set forth hereinafter carefully prior to ordering any Goods or Services from Cookups. By ordering any Goods or Services from Cookups through our smartphone application, website, or social media page, the diner agrees to be legally bound by the Terms and Conditions stated hereinafter.

Section 1: Introduction:

We are Cookups, a brand of Cookups Technologies Limited (the Company).

Section 2: Definitions:

2.1. “Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and/or payment instructions provided to the diner;

2.2. “Privacy Policy” means the policy displayed on our social media page and/or the smartphone application which details how we collect and store the diner’s personal data;

2.3. “The Diner” is reference to the person accessing the social media or the smartphone application and ordering any Goods or Services from Cookups;

2.4. “we”, “us”, “our”, and “Cookups” are references to the Company;

2.5. “Goods” is a reference to any goods which we may offer for sale or delivery from our social media page or the smartphone application from time to time;

2.6. “Service” or “Services” is a reference to any service which we may supply and which the diner may request via our social media page or smartphone application;

2.7. “Food Delivery” is a reference to perishable goods and to any form of delivery service, which both are provided by us or our partner services or the Cooks; and

2.8. “Social media page” is a reference to our Facebook page (https://www.facebook.com/cookupsBD/) or group – (https://www.facebook.com/groups/cookupsBD/).

2.8. “Cooks” refers to food providers who sign up with Cookups Technologies Limited to provide food to Diners, and maintain their membership through payment of membership fees, regular kitchen inspections, and abiding by rules and regulations set forth by Cookups in the Cooks Terms & Conditions.

Section 3: Ordering

3.1. Any contract for Food Delivery from the social media page, website or the smartphone application is between the Diner and the Cook. The Diner agrees to take sufficient care while providing the Cook with his details and warrant that these details are accurate and complete at the time of ordering Food from a Cook.

3.2. Food Delivery, Goods and Services purchased through the social media page, website or the smartphone application are intended for the Diner’s use only and the Diner warrants that any Goods purchased by the diner are not for resale and that he is acting as principal only and not as agent for another party when receiving the Services.

3.3. Please note that some of the food offered by the Cooks may be suitable for certain age ranges and religious and cultural affiliations only. The Diner should check that the food he is ordering is suitable for the intended recipient.

3.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of the Diner’s order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss the Diner may suffer if a third party procures unauthorized access to any data the Diner provides when accessing or ordering from the social media page and/or the smartphone application.

3.5. Any order that the Diner places through us is subject to product availability, delivery capacity and acceptance by the Cook.  When you place your order online through the smartphone application or the Facebook page, we may send the Diner an app or web notification or Facebook message to confirm that we have received it. This confirmation will be

produced so that the Diner has confirmation of his order details. However, the fact that the Diner receives an automatic confirmation does not necessarily mean that either we or the Cook will be able to fill the order. If the ordered food and delivery capacity are available, the Cook will accept the order and confirm it to the Diner.

3.6. The confirmation shall specify delivery details including the approximate delivery time specified by the Cook and confirm the price of Goods and Services ordered. Price of Food Delivery will be confirmed separately by the delivery service provider at the time of delivery.

3.7. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, the Cooks will also let the Diner know by Facebook message or smartphone application push notification.

Section 4: Prices and Payment

4.1. Any contract for the supply of Food Delivery from the social media page, website and/or the smartphone application is between the Cook and the Diner. The Diner agrees to take particular care when providing The Cook with his details and warrant that these details are accurate and complete at the time of ordering. The Diner also warrant that the credit or debit card details that the Diner provide are for the Diner’s own credit or debit card and that the Diner has sufficient funds to make the payment.

4.2. All prices for delivery by Cookups or a third party provider assigned by Cookups which are communicated to the Diner are correct at the time of publication; however, we reserve the right to alter these in the future

4.3. If the Diner chooses online payment, he must pay for his order before it is delivered. To ensure that shopping online is secure, the Diner’s debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. The Diner’s credit card company may also conduct security checks to confirm it is him placing the order.

 

Section 5: Delivery

5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by the Diner at the time of ordering.

5.2. If delivery is done by the Cook or one of the delivery partners, it is the Cook’s sole responsibility to provide Food Delivery in a timely manner.

5.3. In the case delivery is done by Cookups or a third party delivery partner assigned by Cookups, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by Cookups in either case.

5.4. All orders are delivered by a reputable courier. We and the cooks will make every effort to deliver within the time stated, however, Cookups will not be liable for any loss caused to the Diner by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the Cook first and then the delivery partner.

5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by Cookups.

5.6. All risk in the Goods and the Food Delivery shall pass to the Diner upon delivery.

5.7. If the diner fails to accept or receive delivery of Food at the time they are ready for delivery, or we are unable to deliver at the nominated time due to the Diner’s failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to the Diner and all risk and responsibility in relation to such goods shall pass to the diner. Cost of the food, storage, insurance and other costs which Cookups, the Cook or the delivery service incur as a result of the inability to deliver shall be the Diner’s responsibility and the Diner shall indemnify us in full for such cost.

5.8. The Diner must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery

of such Goods. We cannot be held liable for any damage, cost or expense incurred to such Goods or

premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.9. The Cook and we shall not be liable to the Diner for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;

5.9. Please note that it might not be possible for our delivery partners to deliver to some locations. If this is the case, our delivery partners or the Cook will inform the Diner using the contact details that the Diner provide to us when the diner make the Diner’s order and arrange for cancellation of the order or delivery to an alternative delivery address;

Section 6: Cancellation

6.1. The Diner must notify the Cook immediately and no less than 12 hours before the first offer time if the Diner decides to cancel his order, preferably by Facebook message or phone. If the Cook accepts the diner’s cancellation, no cancellation fee applies. If the Cook refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has not been cancelled as per the above rules.

6.2. The Cook may cancel an order if the product is not available for any reason. The Cook will notify the diner if this is the case and return any prior payment that the Diner has made;

6.3. In the case of online payment, if the cancellation was made in time and once the Cook has accepted the diner’s cancellation, Cookups will refund or re-credit the Diner’s debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which the Diner paid for the delivery of the Goods or the Services, as applicable.

6.4. In the unlikely event that the Cook delivers a wrong item, the Diner has the right to reject the delivery of the wrong item and the Diner shall be fully refunded for the missing item.

6.5. If the Cook can only do a partial delivery (a few items might be not available), he/she should inform the Diner or propose a replacement for missing items. The Diner has the right to refuse a partial order before delivery and get a refund.

6.6. Cookups is not responsible for wrong or partial delivery. The issue has to be settled directly with the Cook.

Section 7: Information

7.1. Where we have requested information from the diner to provide Food Delivery, Goods or Services the Diner agrees to provide us with accurate and complete information.

7.2. The diner authorizes us to use, store or otherwise process the diner’s personal information in order to provide the Food Delivery, Goods or Services to the Diner and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of the Diner’s personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to the Diner or where this is required by law or in order to provide the Food Delivery, Goods or Service to the diner. More information can be found in our Privacy Policy.

7.3. The Diners are entitled to request a copy of the personal information we hold on them. They are welcome to contact us to request for this information.

Section 8: Complaints

8.1. We take complaints very seriously and aim to respond to the diner’s complaints within 2 business days. All complaints should be addressed to [email protected]

Section 9: Limitation of Liability

9.1. Great care has been taken to ensure that the information available on the social media page and/or the smartphone application is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the page or the

application will be error free or fit for purpose, timely, that defects will be corrected, or that the page or the application or the servers that make them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the page/application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

9.2. By accepting these terms of use the Diner agrees to relieve us from any liability whatsoever arising from the Diner’s use of information from any third party, or the Diner’s use of any third party website, or the Diner’s consumption of any food or beverages from a Cook.

9.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to the Diner or the Diner’s computer system via our application or page.

9.4. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

9.5. We disclaim any and all liability to the Diner for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect the Diner’s statutory rights as a consumer. If we are found liable for any loss or damage to the Diner such liability is limited to the amount the Diner have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to the Diner, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

9.6. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of our social media page or our smartphone application or for any products or services purchased from us.

9.7. Offers are subject to Cookups’ discretion and may be withdrawn at any time and without notice.

Section 10: General

10.1. All prices are in Bangladeshi Taka.

10.2. We may subcontract any part or parts of the Services or Goods that we provide to the Diner from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without the cook and/or the Diner’s consent or any requirement to notify the Diner.

10.3. We may alter or vary the Terms and Conditions at any time without notice to the Cook and/or the Diner.

10.4. Payment must be made at the time of delivery by cash. Failure to pay on time will result in an investigation and may result in the cancellation of the Diner’s membership with Cookups.

10.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;

10.6. Do not collect or harvest any personally identifiable information from the social media page and/or the smartphone application, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.

10.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between the diner and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

10.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

10.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Bangladesh. The parties hereto submit to the exclusive jurisdiction of the courts of Bangladesh.

10.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

10.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Bangladesh Laws. Both we and the Diner hereby submit to the non-exclusive jurisdiction of the Bangladesh Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

Cooks Terms & Conditions

1. What purpose does the Terms & Conditions cover?

1.1. This Terms & Conditions exists to ensure certainty between  the Cookups Technologies Limited, a company formed under the laws of Bangladesh, and the Cooks, and to ensure that operations of Cookups is conducted in an organized manner and with the highest standard of professionalism.

1.2. It also exists to act as a source of information and guidance for Cooks. It helps them recognize and deal with the formalities and particulars of the business, as well as to understand their rights and responsibilities.

2. Policy Statement

2.1. Cookups owns and operates an online platform that allows the Cooks to sell their homemade foods to the diners through social media sites (e.g. Facebook) and their websites and/or Apps.

2.2. “The Cook” means any person properly subscribed with one of the services provided by Cookups as elaborated hereinafter.

2.3. “The Diner” means any person, ordering the homemade foods from the Cooks through the online platform provided by Cookups.

3. Payment:

3.1. Cookups is a commission and subscription-based service. In order to enjoy the service provided by Cookups, the cook must be a paying member of our service.

3.2. All payments are made through Bkash or Portwallet. Payments are to be made by the 10th of every month. Fees are charged according to the respective Cook plan a cook chooses to subscribe to as well as a commission based on sales ranging from 8-10%.

3.3. Cookups does not send written confirmation of the subscription. Subscriptions are considered ‘confirmed’ once payment through Bkash or cash payment has been received and acknowledged by the admin or via a notification on the website or app.

3.4. Cooks must clear the previous months commission by the 10th of the current month.

4. Particulars of the Payment:

4.1. The Monthly Subscription Fees are as follows: Casual Cook (3 posts a month):  FREE, Intermediate Cook (6 posts a month): BDT 500, Platinum Cook (10 posts a month): BDT 1500.

4.2. A student discount of 20% on Membership fees may be availed by students who can show a valid student ID from any acclaimed educational institution.

4.3. A 10% discount may be availed on Intermediate and Platinum Cook memberships when payment is made in full in advance for all 3 months.

4.4. Commission will be calculated based on monthly sales from the first day to the last day of the month, and will be invoiced via the app or website.

4.5. Commissions will be calculated as follows:

  • 0-50000 BDT Sales – 10%
  • 50000-100000 BDT Sales – 9%
  • More than 100000 BDT Sales – 8%

5. Cancellation and Transfer Policy:

5.1. Cookups reserves the right to terminate this agreement at any time without any prior notice or justification.

5.2. The Cook must provide at least 1 (one) month prior notice before terminating the agreement. If he/she discontinues payment within the relevant date as elaborated in the terms and conditions as aforesaid, the agreement will be regarded as terminating.

5.3. Should a Cook wish to upgrade his/her membership at any time during the month; he can do so by paying the difference for the fees between the subscribed and the desired services.

6. Conduct of the Cooks Post-Registration:

6.1. Upon joining Cookups, it is mandatory for a Cook to email a copy of their National ID or passport to [email protected]. The Cook will not be allowed to post until Cookups has received their valid ID.

6.2. In order to ensure trust within a community, there must be a mutual respect for each other’s privacy. The Cook must never give out any personal phone numbers of the Diners or Cookups administration to any party without prior permission.

6.3. In order to maintain privacy and to prevent potential claims of harassment, the Cook must not send out friend requests to the people from the Cookups Facebook group or send personal messages beyond what is required for arranging deliveries/pickups, unless there is a mutual understanding between the Cook and the concerned Diner.

6.4. Cookups will not tolerate any form of harassment from the part of a Cook towards a Diner or any other Cook. Any form of harassment is punishable by lifetime ban from the services of Cookups.

6.5. Cooks must not advertise any other similar food delivery platform to an existing Cookups customer. This includes but is not limited to competitors of Cookups such as Homechef.com.bd, Foodtong, Foodpeon, Cookants, Hungrynaki, Foodpanda, Pathao or any other home-cooked food sale platform.

6.6. Cookups strives to bring quality food to customers at reasonable prices. As such, a Cook must always take care to price their dishes fairly.

6.7. Cooks being part and parcel of the Cookups family must not represent Cookups badly in any kind of social, print or electronic media.

6.8. Cooks must always source their ingredients from quality vendors, and maintain quality in their cooking process, so as to ensure a good experience for the Diners.

6.9. This platform is only for selling your OWN food, not for resale. Cooks can post on someone else’s behalf but the food CANNOT be purchased from elsewhere and resold.

7. Particulars and Formalities:

7.1. The Cook must put a cap on the number of available servings.  The cap must be clear and unambiguous so that the Cook does not misrepresent the quality of the food to be prepared.

7.2. The Cook must not use pictures of their dishes downloaded from the internet. If a Cook wishes to shoot photos of his/her food with a professional photographer, Cookups will arrange professional photographer upon demand.

7.3. The Cook must, as soon as a Diner places an order, take their contact numbers immediately, and upon taking the contact number, confirm the order.

7.4. It is a must for the Cook to refrain himself from having personal conversations on food posts.

7.5. The Cook should not use photos taken by Cookups on their personal pages or other commercial purposes not pertaining to Cookups without express written permission from Cookups.

8. Safety and Security

8.1. Cookups shall not be responsible for the security and safety of the Client in the event that the Cook allows delivery/pickup by anyone other than a Cookups approved delivery service. It is the Cook’s personal responsibility to maintain his/her own safety and security while conducting his/her own business.

8.2. It is strongly recommended that the Cook use the pick-up options only for people they personally know, and use Cookups’ delivery partner “Oi Khali” for unknown diners.

8.3. When sending out a food delivery through “Oi Khali”, the Cook must schedule the delivery through the app or website. .

8.4. The Cook must inform the delivery service of the pick-up and delivery times and give them the name, number and address of the concerned diner for non-App or non-website orders.

8.5. The Cooks must not keep them waiting for more than 15 (Fifteen) minutes for the food except in exceptional circumstances and must inform diners of any delays or failure in sending out the order. Cooks are liable for any penalties or damages that may result from delays in getting out orders.

8.6. The Cook indemnifies Cookups from all claims arising in relation to matters outside control of Cookups, including but not limited to the quality of the food provided by the Cook. The Cook further indemnifies Cookups from third parties’ claims resulting from any violation of laws and regulations by the Cook.

8.7. Cookups cannot guarantee that their service shall be free from all malfunctions, but shall exercise all reasonable care and skill to resolve any such case.

8.8. Tax and VAT liability for income earned from food sales rests with the Cook. Cookups shall not be responsible for any Tax/VAT issues that arise from the sale of food items.

9. Penalty for Dangerous Behaviour:

9.1. In case of a complaint by a diner alleging a Cook to be engaged in dangerous behaviour i.e. serving unhygienic or unsafe food etc., the Cook will be placed on temporary probation and Cookups will conduct an inquiry. If the complaint is found to be correct, the Cook will be given a warning, fined and placed on probation. Any subsequent legitimate complaints will lead to the Cook no longer being allowed to sell food on Cookups.

9.2. The same applies to Diners; if a Cook complains that a diner had engaged in any kind of dangerous or untowardly behaviour, we will investigate the claim and the diner will be given a warning. Any subsequent complaints will lead to the diner being banned from Cookups.

9.3. If the Cook wants to give a Diner their personal address for pick-up, they will do so at their own discretion. The Cooks are allowed to deliver the foods personally, however, they are not allowed to use any other delivery service or hire any additional staff for deliveries.

9.4. In case of any civil or criminal prosecution that arises out of “dangerous behavior” by a Cook, all liabilities will be borne by the cook him/herself and not Cookups.

10. Compliance and Confidentiality

10.1. These Terms and Conditions form the foundation of Cookups and as such the Cook must take utmost care and exercise diligence to comply with them.

10.2. The Cook must not share with any third party any information provided to them or that they come across that is marked as confidential by Cookups during or after the tenure of their involvement with Cookups.

10.3. These Terms and Conditions may be changed from time to time and the latest version  of the document will always form part of the main agreement signed between the Cook and Cookups.