Terms & Conditions
Chefs Cluster provides a platform that connects Hosts who have kitchens to rent with Users seeking to book and occupy Kitchens (collectively, the “Services”). The Services are accessible through written communication with Chefs Cluster, at www.chefscluster.com and any other websites through which Chefs Cluster makes the Services available (collectively, the “Site”) and any applications for mobile, tablet and other smart devices and application program interfaces which Chefs Cluster makes available (collectively, the “Application”).
In these Terms and Conditions “you” or “your” means any registered or unregistered user of the Platform or any Member of the Platform, as the context requires. If you are using the Platform, these Terms and Conditions are between you and ZEPA Technologies Pty Ltd ACN 618 281 413 (“Chefs Cluster”, “us”, “our”, or “we”).
Nothing in these Terms and Conditions obliges Chefs Cluster to make the Services available at any time or by any technological or direct means. Please read these terms and conditions (“T&Cs”) before joining the chefs cluster platform, making a booking for a kitchen space or sharing your kitchen space, or using the Chefs Cluster website at www.chefscluster.com (the “Site ”) because your access to and use of the Site and Services, including your bookings, any browsing and participation, is subject to these T&Cs and our Collection Notice.
Bookings and Payment
Chefs Cluster enables interactions, communications, bookings and payments between members via the site. Chefs Cluster is not a party to any booking between members and does not verify the suitability or ranking of the member, the kitchen or the listing. The services provided by Chefs Cluster in connection with the platform are limited to the enabling of bookings and collection and remittance of fees pursuant to these T&Cs.
Compliance with laws, fees and charges
Members are wholly responsible for ensuring that their use of the platform and bookings enabled by it comply with applicable regulations, laws and third party agreements in connection with the kitchen. Such regulations, laws and third party agreements include, but are not limited to:
Food premise registration
Planning and building regulations
Health and safety requirements
Taxation regulations and laws
Occupation, health and safety regulations
In addition you will be wholly responsible for any fees and charges incurred by you in connection with the platform and / or kitchens.
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Service (“Terms “), whether or not you become a Member or user of the Services. These Terms govern your access to and use of the Platform and all Collective Content, and constitute a binding legal agreement between you and Chefs Cluster.
By accessing and using the Site you agree that you will be subject to and will comply with these T&Cs and our Collection Notice. From time to time, we may change how the Chefs Cluster platform works (including things like bookings, dashboard layout, communications, etc) and, these T&Cs and/or our Collection Notice; where we change these T&Cs and/or our Collection Notice, the updated T&Cs and/or our Collection Notice will be posted on the Site and will be effective from posting; your continued use of the Site will mean that you accept and agree to the updates.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform.
Your account and Intellectual Property
1.1. To become a Member or User you must be an individual and must ‘sign-up’ to Chefs Cluster via the Site (which includes acceptance of these T&Cs and our Collection Notice). The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older. You are responsible for ensuring that your details (provided by you on signing-up and accessible via the the Site) are accurate and kept up to date.
1.2. Account set up in Chefs Cluster is non-transferable – and you must not allow others to use your log-on details or participate in Chefs Cluster on your behalf. If you are entering into these Terms on behalf of your company, employer, client or other entity, you warrant and guarantee that you have the full right and authority to do so. If you do not have such authority, all your Site, Services and Application activity will be considered a breach of these Terms.
1.3. We may terminate your account at any time and for any reason, which may include your failure to comply with a Kitchen’s Rules (detailed below) or a breach of these T&Cs. You may edit or terminate your membership at any time by visiting the Site.
1.4. As a Member of Chefs Cluster you may create and/or submit to the Site various materials and information about your Kitchen Space including images, descriptions, location settings, videos, comments or other information including your name, kitchen location, contact details, kitchen requirements (together, the “Provided Materials”).
1.5. The Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent. You must not submit any material that may infringe a third party’s intellectual property rights. You warrant that:
– our use (including without limitation, reproduction, publication, modification, adaptation and communication to the public) or exploitation of the Provided Materials does not, and will not, infringe any person’s rights in the Provided Materials (including intellectual property rights and moral rights);
– if any of the rights (including intellectual property rights and moral rights) in the Provided Materials or any part of the Provided Material is owned by a third party, you warrant that you have obtained all licences, consents and authorisations necessary for you to submit those Provided Materials to us and to enable us to fully use and exploit the Provided Materials as contemplated under these T&Cs; and
– and you indemnify us against all losses, damages, liabilities, claims and expenses (including legal costs) incurred by us, arising out of or in connection with a breach of these warranties.
1.6. You grant to us a sole, royalty free, transferable, sub-licensable, worldwide, perpetual licence to use and exploit the Provided Materials.
1.7. You acknowledge and agree that any the Provided Materials may be used by us (in our absolute discretion) and that we may modify, edit or remove the Provided Materials as we see fit. For example, we may use the Provided Materials online on any of our websites or social platforms or other internal communications channels. To the extent permitted by law, you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in the Provided Materials.
1.8. We do not have an obligation to use the Provided Materials. 1.9. To the extent that you create and/or submit Provided Materials that includes: – your name, image, likeness and/or voice, you consent to us using your name, image, likeness and/or voice; and – a third person’s name, image, likeness and/or voice, you warrant that you have obtained their consent to us using their name, image, likeness and/or voice, for the following purposes: a. to enable your participation and listing of your space on Chefs Cluster, which includes considering any enquiries or requests you make, for the purpose of promoting our products and services to you, and facilitating your use of the Site; b. for research and analytical purposes, including to help us improve our products or product offerings; and c. to comply with our legal obligations.
1.10. You agree that we may send you information about current and future products and services, promotions, special offers, news and events from us (or our suppliers) via various channels and media (such as email, SMS, phone, mail, via ads on social media, etc) at any stage in the future. Your agreement is deemed to be effective until such time as you opt out of receiving direct marketing or tailored advertising via the relevant channel or media. 1.11. You agree to do all things reasonably required by us (such as signing and producing documents) as may be necessary or desirable to give full effect to the provisions of these T&Cs.
Chefs Cluster accepts no liability for Member Content. The Member is responsible for the accuracy, quality and legality of Member Content and the Member’s acquisition of it, and the users that create, access and/or use Member Content. By registering as a Member, listing a Kitchen, Booking a Kitchen, contributing, commenting, uploading images or files, inputting data, linking to data or files on third-party sites, or engaging in any other form of communication through the Platform you are creating Member Content and you are granting Chefs Cluster a transferable, sub-licensable, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to: 1. use, copy, sublicense, adapt, transmit, publicly perform or display any such Member Content; and 2. sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Member Content.
This licence shall include the right to exploit any proprietary rights in the Member Content, including but not limited to rights under publicity, copyright, trademark or patent laws under any relevant jurisdiction. Chefs Cluster reserves the right to filter, modify, publish and permanently remove Member Content on the Site, Application or in connection with the Services in its sole and unfettered discretion. To the extent permitted by law, Chefs Cluster accepts no liability for the accuracy of any information made available using the Platform. Any reliance on the information available through the Platform is at the Member’s own risk.
2. User Guidelines
2.1. You acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Elements”) are owned by or licensed to us; you must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Elements without our prior written consent, and must not frame or embed in another website any Elements without our prior written consent.
2.2. The content and Provided Materials of this Site are provided “as is” and we make no warranty or representation as to its accuracy, completeness, suitability, viruses or other faults or defects.
2.3. You agree that Chefs Cluster has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Platform or the Provided Materials. In any event, if Chefs Cluster is found to be liable this will be limited to the cost of supplying the information, files or Provided Materials again.
2.4. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public, the Elements without our prior written consent.
2.5. You must not frame or embed in another website any of the Elements without our prior written consent. You may store a reproduction of the content on the Site or Application on your local computer for the sole purpose of viewing the content and Elements; and print hard copies of the content and Elements for the sole purpose of viewing, listing or booking Kitchens, but not for any other use.
2.6. The Platform, the Elements and any ancillary materials or documents owned or used by Chefs Cluster in connection with the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the Intellectual Property of Chefs Cluster. You must not use any of the marks or trademarks appearing on the Platform and/or on or within Materials or our name or the names of our related bodies corporate or any of our Chefs Cluster without our prior written consent.
2.7. By accepting these Terms, the Member is granted a limited, non-exclusive and revocable license to access the Platform in accordance with these Terms.
2.8. You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Chefs Cluster in its sole and unfettered discretion.
2.9. Chefs Cluster may revoke, suspend or terminate the Member’s license in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the Member or any of its users. Chefs Cluster will ordinarily advise the Member of any suspension or revocation however, it is under no obligation to do so. Your license to access the Platform and Materials shall be ongoing unless terminated by Chefs Cluster in accordance with these Terms.
2.10. By using Chefs Cluster, you agree to read and respect the Kitchen Rules and Instructions set out by the Kitchen Owner (collectively, “Kitchen Rules”).
2.11. In your engagement with other members of Chefs Cluster, you agree to:
Be genuine – Be yourself in your communications, not impersonate others, not bully or waste a person’s time.
Be decent – Be respectful to others and polite. Members do not bully, berate, harass, belittle, abuse or discriminate against other members, including kitchen owners and users, as well as site administrators, and others.
Be respectful – Members value and respect one another regardless of age, gender, race, religion, sexual orientation, ethnicity, citizenship or occupation online and in the kitchen spaces reserved.
Be safe – Members are always aware of personal safety and security online. We recommend only sharing personally identifiable information that is relevant to make a kitchen booking, and encourage using the Chefs Cluster site for communication.
2.12. You may not upload commercial or third party content on the Site or use the Site to solicit others to buy products, join or become members of any other commercial online service or other organisations.
2.13. You must not:
1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users, or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
3. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
4. tamper with or hinder the operation of the Site (which includes knowingly transmitting any viruses, or disabling or malicious code to the Site, using any site search or retrieval application or other mechanism to retrieve or index any portion of the Site, modifying, adapting, translating or reverse engineering any portion of the Site, using the Site to violate the security of any computer or other network); and
5. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
2.14. While it is not Chefs Cluster’s intent to monitor your online communications to or within the Platform, Chefs Cluster reserves the right to remove any content that we become aware of and determine to be harmful, illegal or in breach of copyright laws or privacy laws. You may not use the Platform or all or part of any Collective Content for any unlawful activity nor for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform.
2.15. You covenant and warrant that:
all information and data provided by you to Chefs Cluster (including billing and contact details) or otherwise is true, accurate, complete and up to date;
any person receiving, accessing or using the Platform or the Collective Content using your Account is authorised by you to do so;
you have and will comply with all relevant laws relating to your use of the Platform and the Collective Content and your making of any Listing or Booking with us;
you will ensure that any log in information and password that is used to access the Platform or the Collective Content and the details of any account is kept in a safe and secure manner;
you will promptly notify Chefs Cluster if you are or become aware that there is or has been an unauthorised use of any of your Account, or any other security breach relating to any Account;
you are responsible for any costs associated with your access to or use of the Platform, Listings, Bookings and/or any Collective Content including internet access fees; and
you are responsible and liable for any person that uses your Account and/or password to make Listings or Bookings through the Platform.
2.16. You must not and agree that you will not:
use the Platform in a manner or way, or post to or transmit to or via the Platform any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Platform;
make fraudulent or speculative enquiries, orders or requests through the Platform;
use another person’s details without their permission or impersonate another person when using the Platform;
post or transmit to the Platform any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platform;
modify, adapt, translate or reverse engineer any portion of the Platform;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Platform;
reformat or frame any portion of the web pages that are part of the Platform;
use the Platform to violate the security of any computer or other network or engage in illegal conduct;
tamper with or hinder the operation of the Platform or the Collective Content nor knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platform;
take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
violate any local, state, national or other law or regulation, or any order of a court, including without limitation zoning restrictions and tax regulations;
use the Platform or Collective Content to identify or communicate with a Member (directly or indirectly) and then complete a booking of a Kitchen independent of the Platform, in order to circumvent the obligation to pay any Booking Fees related to Chefs Cluster’ provision of the Services, or for any other reason;
List, as Host, any Kitchen that may not be Booked pursuant to the terms and conditions of any agreement with a third party;
recruit, or otherwise solicit any Member to join third party services, websites or applications that are competitive to Chefs Cluster, without our prior written approval; and
use the Platform or the Collective Content other than in accordance with these Terms.
Warranty and limitation of liability
3.1. Chefs Cluster does not warrant or represent the suitability of the Platform or the Collective Content for any purpose. To the extent permitted by law, neither party is liable to the other for any direct loss and damages, or for fines, penalties, taxes and any exemplary, aggravated of punitive damages, liquidated damages or indirect and consequential loss and damages arising in any way (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) legal costs and expenses or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platform, the Collective Content, the Listings, the Bookings or the use of Kitchens.
3.2. Any liability to you for loss or damage of any kind arising out of these Terms, the Platform, the Collective Content, the Listings, the Bookings or your use of Kitchens or in connection with the relationship established by any of them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
3.3. In any event, Chefs Cluster’s liability under any warranty and whether in negligence or not, shall not exceed the price of any Service Fees paid to Chefs Cluster.
3.4. The information contained on the Platform is provided in good faith on an “as is” basis. Chefs Cluster does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platform or in the Collective Content.
3.5. You understand and agree that Chefs Cluster is not a party to any agreements entered into between Hosts and Facilitators or Operators, nor is Chefs Cluster a broker, agent or insurer. Chefs Cluster has no control over the content contained in any Listings, the condition, legality or suitability of any Kitchens, the conduct of Hosts, Facilitators, Operators, and other users of the Platform, and disclaims all liability in this regard to the maximum extent permitted by law. Any Bookings are made or accepted at the Member’s own risk.
3.6. If you choose to create a Listing on the Platform, you understand and agree that your relationship with Chefs Cluster is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venture or partner of Chefs Cluster for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Chefs Cluster.
3.7. Chefs Cluster does not control, and has no right to control, your Listing, your offline activities associated with your Listing, or any other matters associated with your Listing, that you provide. As a Member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Chefs Cluster, including by using any Chefs Cluster’s Intellectual Property, without the prior written consent of Chefs Cluster.
3.8. Chefs Cluster does not endorse any Member, Listing or Kitchen. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties other than Chefs Cluster will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Chefs Cluster with respect to such actions or omissions. We encourage you to communicate directly with other Members on the Platform regarding any Listings or Bookings made by you.
3.9. You assume all responsibility for your use of the platform, the Provided Materials, the Elements, the Listings, the Bookings, and / or the Kitchens and indemnify and hold harmless Chefs Cluster, and any of its assigns, agents or employees against any claims, lawsuits, damages, and expenses (including but not limited to solicitor’s fees on an indemnity basis).
4.1 The Platform can be used to facilitate the listing and booking of Kitchens. Such Kitchens are included in Listings on the Platform by Hosts. You may view Listings as an unregistered user of the Platform; however, if you wish to book a Kitchen or create a Listing, you must first register to create a Chefs Cluster Account (“Account”). You must register as a Member.
4.2. Chefs Cluster reserves the right to accept or reject your request to register for an Account at its sole discretion and Chefs Cluster may request additional information from you before accepting or rejecting your request to register for an Account. Failure to provide such information is likely to result in rejection of your request.
4.3. You may register to join the Platform directly or as described in this section. If displayed on the Platform, you can also register to join by logging into your account with third-party social networking sites (“SNS “) (including, but not limited to, Facebook, Google) (each such account, a “Third-Party Account”). As part of the functionality of the Platform, you may link your Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Chefs Cluster through the Site, Services or Application; or (ii) allowing Chefs Cluster to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Chefs Cluster and/or grant Chefs Cluster access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Chefs Cluster to pay any fees or making Chefs Cluster subject to any usage limitations imposed by such third-party service providers.
By granting Chefs Cluster access to any Third-Party Accounts, you understand that Chefs Cluster will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content “).
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Account on the Platform.
Please note that if a Third-Party Account or associated service becomes unavailable or Chefs Cluster’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform.
You have the ability to disable the connection between your Account and your Third-Party Accounts, at any time, by notifying us.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
Chefs Cluster makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Chefs Cluster is not responsible for any SNS Content.
Your Account and your Chefs Cluster profile page will be created for your use of the Platform based upon the personal information you provide to us or that we obtain via a SNS as described above. You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Chefs Cluster reserves the right to suspend or terminate your Account and your access to the Platform if you create more than one (1) Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
4.4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
5. Kitchen Listings
5.1. As a Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the Kitchen to be listed that may include the location, capacity, size, features, and availability of the Kitchen and pricing and related Kitchen Rules and financial terms. All Listings must reflect the lowest advertised rate for the booking of the applicable Kitchen.
5.2. Listings will be made publicly available via the Platform (including directly by Chefs Cluster to Operators and Facilitators). You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Members preferences, ratings and/or ease of booking.
5.3. Other Members (i.e. Users) will be able to book your Kitchen via the Platform based upon the information provided in your Listing, your Kitchen Use requirements, and search parameters and preferences.
5.4. You acknowledge and agree that you alone are responsible for any and all Listings and Provided Materials you post.
5.5. You represent and warrant that any Listing you post and the Booking of, and/or a Member’s use of a Kitchen you List (a) will not breach any agreements you have entered into with any third parties, such as property Host’s or other third party agreements, and (b) will (i) be in compliance with all applicable laws, rules and regulations that may apply to any Kitchen included in a Listing you post, and (ii) not conflict with the rights of third parties. Please note that Chefs Cluster assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Chefs Cluster reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Chefs Cluster, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform.
5.6. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who use or are otherwise present at the Kitchen at your request or invitation, excluding the Users that have booked the Kitchen using Chefs Cluster platform (and those that the User has invited to the Kitchen, if applicable).
6.2. You must ensure that the Payment Details you supply are correct and complete. Failure to pay any fee as and when due to Chefs Cluster under these Terms may result in your Chefs Cluster Account being suspended or terminated. You agree to pay Chefs Cluster upon demand all of Chefs Cluster’ fees, costs and expenses it occurs in connection with any failed payment, including the recovery thereof from you.
6.3. The Host, not Chefs Cluster, is solely responsible for honoring any confirmed Bookings and making available any Kitchen booked through the Platform. If you, as the User, choose to enter into a transaction with a Host for the Booking of a Kitchen, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Kitchen imposed by the Host. These will be made available to you through the kitchen instructions.
6.4. You acknowledge and agree that you, and not Chefs Cluster, will be responsible for performing the obligations of any such agreements, that Chefs Cluster is not a party to such agreements, and that, with the exception of Chefs Cluster’s payment obligations pursuant to these Terms, Chefs Cluster (inclusive of all subsidiaries and related entities) disclaims all liability arising from or related to any such agreements.
6.5. If you are a Host and a Booking is requested for your Kitchen via the Platform, you will be required to either confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Platform, we will share with you the name, details and other relevant activities of the User who has requested the Booking.
If insufficient information is provided for the purposes of confirming or rejecting the Booking request, you are entitled to request further information from the User with relation to the business they will be conducting on your premises.
6.6. A Booking Fee is payable by the User to Chefs Cluster in full immediately upon confirmation of a Booking by a Host. The Booking Fee is comprised of the Kitchen Fee and the Service Fee.
The Kitchen Fee is the amount payable to the Host for the use of their Kitchen.
The Service Fee comprises of:
a) a Service Charge billed to the User for the use of Chefs Cluster’s services; and
b) a Security Deposit amount determined by Chefs Cluster at the time of booking to ensure the User does not cause undue harm to the Kitchen.
6.7. Users agree to pay Chefs Cluster the Booking Fee as outlined on the Platform. Operators and/or Facilitators authorise Chefs Cluster (and/or any third party payment processor of Chefs Cluster, for example, but not limited to PayPal, Stripe) to charge and deduct the Booking Fee from you using the Payment Details.
Chefs Cluster will be liable to remit the Kitchen Fee to the Host upon the User obtaining access to the Host’s Kitchen. This payment will be made on the last day of each calendar month for all services rendered during the calendar month. Where the Host decides to remove their Kitchen from Chefs Cluster’s platform, immediate outstanding payments will be made.
Chefs Cluster holds the Security Deposit in escrow until the User notifies Chefs Cluster they will no longer use Chefs Cluster’s services; or upon the User disabling their account; or if Chefs Cluster removes the User from its platform; or in the event of a Member Dispute, the Security Deposit or partial will be remitted by Chefs Cluster to the Host (that is, to restore any disputed items and any other applicable fees and taxes) using the Host’s Payment Details.
6.8. Chefs Cluster will collect GST on the Booking Fee on behalf of the Host and charge GST on the Service Fee payable by the Host. Hosts represent and warrant that they are or will be (prior to accepting a Booking) registered for GST. Chefs Cluster will provide Hosts situated in Australia with a valid tax invoice for Service Fees at the end of each calendar month.
6.9. Notwithstanding that Member bookings ‘off Platform’ are a breach of these Terms, if any Member engages with, recruits or otherwise solicits another Member to complete a Booking independent of the Platform, the Host will remain liable to pay Chefs Cluster the Service Fee for any use of a Kitchen (by another Member) advertised on the Platform in the preceding 18 months, as if that Kitchen was the subject of a Booking(s) using the Platform.
6.10. All amounts owed to Chefs Cluster under or in connection with these Terms constitute debts due and payable by you to Chefs Cluster until paid in full. You must pay all amounts due to Chefs Cluster without set-off, deductions counter-claims or conditions; and in available cleared funds. If an amount due under these Terms is paid after the due date you must pay Chefs Cluster, in addition to the overdue amount interest at the rate of CPI + 2.5% per annum calculated based on a 365 day year from the date of the default until the date the amount (together with all accrued interest) is paid in full; and all costs and expenses incurred by Chefs Cluster in collecting the overdue amount.
6.11. All fees and charges shown on the Site and Application and identified in these Terms are in Australian Dollars (AUD) and are inclusive of GST (unless otherwise indicated).
6.12. If, as a User, you wish to cancel a confirmed Booking made via the Platform, either prior to or after arriving at the Kitchen, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Kitchen Fees will depend upon the terms of the cancellation policy. Service Fees are non-refundable for a User’s cancellation 48 hours prior to the confirmed Booking.
6.13. Hosts may not cancel a Booking later than 14 days prior to the Booking. If a Host cancels a confirmed Booking made via the Platform:
Chefs Cluster will refund the Booking Fees for such Booking to the applicable Operator or Facilitator pursuant to these Terms;
the Operator or Facilitator will receive a communication from Chefs Cluster to the effect of the cancellation; and
If Hosts cancel less than 48 hours prior to the confirmed Booking:
the Host will be charged the Service Fee applicable to the Booking using the Host’s Payment Details.
6.14. If, as a Host, you cancel a confirmed Booking, you agree that Chefs Cluster may apply penalties or consequences to you or your Listing, including immediately terminating your Account if more than one (1) cancellation occurs in any three (3) month period.
In certain circumstances, Chefs Cluster may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Platform. Chefs Cluster may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User, in which case the Kitchen Fee is not remittable to the Host.
6.15. Chefs Cluster will initiate any refunds due to you pursuant to these Terms within 30 days, using your Payment Details.
7. Damage to Kitchens and Security Deposits
7.1. As a User, you are responsible for leaving the Kitchen (including any personal or other property located at the Kitchen) in the condition it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Kitchen. In the event that a Host claims otherwise and provides evidence of damage (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
7.2. Users are required to complete the check-in and out process for every day occupying the kitchen.
7.3. Both Hosts and Users are responsible for maintaining their own insurance policy cover, which includes but not limited to public liability, indemnity, any significant damage done to the premises in use. Chefs Cluster is not responsible for administering or accepting any Damage Claims by Hosts related to insurance policies, and disclaims any and all liability in this regard.
7.4 Each Listing will require a Security Deposit for the applicable Kitchen. Chefs Cluster will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Chefs Cluster is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
7.6 In the event of a Member Dispute between Members up to the value of $3,000 (AUD) Chefs Cluster may, in its absolute discretion, allow the parties to make submissions and provide evidence to Chefs Cluster in respect of the Member Dispute. At its election, Chefs Cluster may analyse the Member evidence and submissions and make a determination on the information before it within a period not exceeding 30 days. The Members agree that Chefs Cluster’ decision is final and binding and any monies held by Chefs Cluster may be dispersed in accordance with the adjudicated dispute.
7.7 In the event of a Member Dispute between Members exceeding the value of $3,001 (AUD) Chefs Cluster may hold all such Booking Fees (less Service Fees payable to Chefs Cluster) the subject of the Member Dispute until such time as the Members jointly notify Chefs Cluster in writing of the resolution of the Member Dispute or Chefs Cluster is provided with a sealed judgement of a Court of competent jurisdiction in Australia in respect of determination of the Member Dispute.
7.8 Chefs Cluster will transfer all funds the subject of an ongoing Member Dispute (less Service Fees payable to Chefs Cluster) to an escrow account and will deal with any unclaimed monies in accordance with the laws of Australia.
8.1. These terms and conditions are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place.
8.2. Termination of these terms and conditions does not extinguish or otherwise affect provisions of these terms and conditions which by their nature survive termination.
8.3. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
8.4. These Terms are governed by the laws of the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
8.5. These Terms are subject to any additional terms expressed as ‘special conditions’ or advertised on the Platform by Chefs Cluster. Any terms stated in a Listing will form part of your agreement with another Member pursuant to a Booking.
Last updated: May 2019