Terms of Service

 

1. General Conditions and Definitions

This Terms of Service agreement (“Agreement”) describes the terms of your use of the website www.cookhouse.com.my (“Site”), participation in any service offered through the Site, or registration for events through the Site. Cookhouse is a shared kitchen, event venue, office and business space (referred to hereafter as “we” or “us” or “Cookhouse”) wholly owned and operated by Designer Cook Sdn Bhd (Business Registration 1320414-M). By accessing or otherwise using this Site—whether as a visitor, subscriber, registrant, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement and the rules posted on the Site for any membership service or event registration (“Rules”). If you do not agree with the terms of this Agreement, the Privacy Policy, and any relevant Rules, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone signing up for membership, registering for an event, or sending an inquiry through the Site represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.

 

2. Updates to Agreement

Cookhouse may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the bottom of the Agreement.

3. Site Accessibility and Security

User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Cookhouse will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Cookhouse. Cookhouse will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from Cookhouse via the Site.

4. Links to Third-Party Websites

This Site MAY contain links to third-party websites provided by other content providers. Cookhouse expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. 

 

5. Privacy

Cookhouse is committed to protecting the privacy of User information. 

 

6. Pricing and Availability

Different services, bookings and event registrations may be available through the Site. All prices shown are in Ringgit Malaysia and are subject to change without notice. Due to the nature of the Internet, it is not possible for Cookhouse to restrict access to its Site to only those locations where it does business. Some or all the products and services offered on the Site may not be available to Users outside of Malaysia. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any service from Cookhouse in a location where such services may not be provided. If you have a question about whether a service is or may be available in your geographic location, we encourage you to contact us.

7. Errors

We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing a registration, or otherwise, we reserve the right to correct such error and revise your request accordingly if necessary (including charging the correct price) or to refund any amount charged. Your sole remedy in the event of such error is to cancel your request and obtain a refund.

8. Information Entry

It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the services that you request.

9. Payment

Payment for services offered through the Site must be made through iPay88. We encourage you to review iPay88 Terms of Service to understand how your payment is processed. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

 

10. Membership Passes, Rentals, Event Services Bookings and Refunds

Cookhouse may offer through the Site offer one or more membership, rental, workshops, events and service options, which have different requirements. Memberships, rental applications, event and activity bookings are subject to review, and is not guaranteed. The services and rental schemes offered  are subject to changes. If you apply for these services, you agree to review and abide by the rules, which may be amended from time to time. You agree to protect your access information and not share it with others. By purchasing the services or programs, you, the User agree to be bound by the Terms and Conditions of sale and any other provision as may be specified from time to time by Cookhouse or Designer Cook Sdn Bhd. Cookhouse or Designer Cook Sdn Bhd, their agents, or employees shall not be liable for any death, personal injury, loss, damage however caused while in the venue, location of place related to Cookhouse nor are they liable for any complaints, claims, refunds, or exchange for any reason, including without limitation, cancellation, delay or postponement of the services or rentals. Booking fees, rentals, fees and payments received shall not be refundable. Any refunds shall be made only at the sole discretion of Cookhouse and Designer Cook Sdn Bhd.

11. Trademarks and Copyrights

“Cookhouse” is a trademark of Designer Cook Sdn Bhd and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Cookhouse or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Designer Cook Sdn Bhd or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your evaluation of the information provided or for your participation in the services offered, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

12. Disclaimer of Warranty and Limitation of Liability

You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COOKHOUSE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Neither Cookhouse, Designer Cook Sdn Bhd nor any of its affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COOKHOUSE DOES NOT WARRANT THAT THIS SITE, INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM COOKHOUSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COOKHOUSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such damages, nor will the aggregate liability of Cookhouse, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase or use of any SERVICES through the site exceed the purchase price of the SERVICE. Your sole and exclusive remedy, and Cookhouse’s sole and exclusive liability, for any breach of warranty will be your right to receive a refund for the SERVICE.

13. Indemnification

You agree to defend, indemnify, and hold harmless Cookhouse, its affiliates, and both the Cookhouse and its affiliates’ respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.

14. Electronic Communication

You agree to receive communications from Cookhouse in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Cookhouse provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you register for an event or become a Member, you become a customer of Cookhouse and may receive promotional emails from Cookhouse. Depending on the membership service or event you sign up for, you also may receive text messages from Cookhouse. 

 

15. Program Termination

Cookhouse may terminate its membership services, rental services, rental services, other service offerings, or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Cookhouse will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 11, 12, 13, 16, and 17 will survive termination of this Agreement.

16. Dispute Resolution

By using the Site, you agree that the laws of Malaysia, without reference to its conflict of laws provisions, will govern this Agreement and any dispute of any sort that might arise between you and Cookhouse. In the event of any dispute, claim, or disagreement arising from or relating to this Agreement, the parties shall use their best efforts to settle the dispute, claim, or disagreement by consulting and negotiating with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.  The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. 

 

17. Statute of Limitations

User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of products through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

18. Completeness and Severability

 This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Cookhouse to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Cookhouse of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

19. Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to contactus@cookhouse.com.my

updated on June 2020.