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Terms of Service

Last Updated: May 23, 2017

My Pastry Online Sdn Bhd (hereafter referred to as “BakeWithChef.com”, "BakeWithChef", "we", "us", or "our") provides an online platform that makes the exchange of baking, cooking and associated kitchen knowledge or skill easy, enriching, social and fun where it connects master chefs from well-known kitchen and Pastry Schools from all around the world who are willing to teach and share their online knowledge (“Chef”) and one or more willing learner (“Learner”), which Services are accessible at  www.BakeWithChef.com  and any other websites through which BakeWithChef  makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and BakeWithChef. Please read carefully these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. These Terms apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of BakeWithChef.

Modification

BakeWithChef reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Description of Service

The BakeWithChef Service allows learners who may consist of home mothers, new student chefs to even professional bakers to find cooking, baking and pastry online courses that they are interested in taking, and allows Chef to find learners interested in taking their courses or activities. Payments for all online class fees are transacted directly through PayPal or equivalent payment facility, and we are not party to any transaction between you and PayPal and or any other payment facility BakeWithChef uses. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are BakeWithChef, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, VIDEO, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of text material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather, analyse or copy any content, image, video or data on or related to the Service in a manner not authorized by BakeWithChef in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by BakeWithChef in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of BakeWithChef or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the BakeWithChef name or trademarks without the express written consent of BakeWithChef.

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums, comments or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. BakeWithChef does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize BakeWithChef to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

You hereby grant to BakeWithChef a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to BakeWithChef by all means and in any media now known or hereafter developed. You also grant to BakeWithChef the right to use your name and/or your company if you declare on the Site in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BakeWithChef for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BakeWithChef. BakeWithChef will not tolerate violations of intellectual property rights on the Service.

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.

You need to be a minimum 18 years of age to use the service and have the necessary legal capacity, right, power and authority to agree to these Terms of Service or have parental permission and you are either; contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Service and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Terms of Service and to be liable for your child’s or ward’s acts and omissions while accessing the Service and/or using the Services, and you also agree to ensure that your child or ward observes these Terms of Service.

You must provide your legal full name, valid email address, telephone number, gender and any other information requested in order to complete the signup process.

You are responsible for maintaining the security of your account and password. BakeWithChef will not be liable for any loss or damage from your failure to comply with this security obligation.

You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.

You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.

Account Registration

In order to access certain features of the Site and Application, and to book an online cooking, baking or pastry class, you must register to create an account (“BakeWithChef Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook, Google); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your BakeWithChef Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to BakeWithChef through the Site, Services or Application; or (ii) allowing BakeWithChef to access your Third Party Account and any public information that is related to the Third Party Account, as is 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 BakeWithChef and/or grant BakeWithChef 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 BakeWithChef to pay any fees or making BakeWithChef subject to any usage limitations imposed by such third party service providers. By granting BakeWithChef access to any Third Party Accounts, you understand that BakeWithChef will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your BakeWithChef Account and BakeWithChef Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall 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 BakeWithChef Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or BakeWithChef’s 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 Site, Services and Application. You have the ability to disable the connection between your BakeWithChef Account and your Third Party Accounts, at any time, by accessing the "My Profile" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. BakeWithChef makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and BakeWithChef is not responsible for any SNS Content.

We will create your BakeWithChef Account and your BakeWithChef Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BakeWithChef 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. BakeWithChef reserves the right to suspend or terminate your BakeWithChef Account and your access to the Site, Application and Services if you create more than one (1) BakeWithChef Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BakeWithChef Account, whether or not you have authorized such activities or actions. You will immediately notify BakeWithChef of any unauthorized use of your BakeWithChef Account.

Fees

We reserve the right, at any time, to change any fees, penalties or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.

Conduct on Service

Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any User Submission — including text, communications, software, images, sounds, data, or other information — that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

contains any political motives, suggestion, remarks and/or undertone ;

victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;

constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See "Copyrights, Licenses and User Submissions" above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Sharing, Teaching or Attending a Cooking, Baking, Pastry Course or Activity

These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Chef Agreements”) that a Chef and learner may enter into in connection with a course or activity, including any Chef Agreements entered into through the Service. Registering for a course implies that the learner agrees to all the terms, pre-requisites and details set forth by the Chef for the particular course or activity. Learners and Chefs are each responsible to the other for complying with the terms of the Course Agreements, but BakeWithChef has no control over either party’s compliance. Among other things, BakeWithChef cannot control (a) the provisions of the Course Agreements, (b) the accuracy or legality of the Course Agreements or (c) any party’s performance of its obligations under the Course Agreements. Accordingly, BakeWithChef shall not be held responsible for any liability arising out of the Course Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BAKEWITHCHEF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “BAKEWITHCHEF PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A LEARNER OR CHEF). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

Your sharing or attendance of a course or activity is at your sole risk. BakeWithChef does not supervise courses and is not involved in any way with the actions of any individuals (whether learners or Chefs) at any course or activity. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when attending a course or activity. You acknowledge and agree that by participating in any course or activity (whether as a learner or Chef) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BAKEWITHCHEF AND EACH OF THE OTHER BAKEWITHCHEF PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY ACTIVITY, WHETHER AS A LEARNER OR CHEF. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

BakeWithChef reserves the right to under its sole discretion, but is under no obligation, to modify the listing or to delete the listing of any course, activity or charity details at any time and for any reason.

Special Rules for Learners

You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book a course or activity on BakeWithChef. Please note that BakeWithChef assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations.

The Classes offered on BakeWithChef are offered directly by the Chefs. BakeWithChef is not responsible or liable for any information on its Service listings or profiles.

All Classes offered on BakeWithChef are valid only for the specified date. BakeWithChef is not responsible for any changes or cancellations made to course or activity by the Chef. BakeWithChef will however try to inform the users of any changes or cancellations on a best effort basis.

You agree to follow all reasonable rules set by a Chef with respect to a class, and not to take any actions to interfere with the Chef or any other learners in the class.

You agree that if you cancel your booking less than seventy two (72) hours before the course, you are not entitled for refund. For cancellation more than seventy two (72) hours, you agree that to be charge an admin fee for processing your refund.

You agree to attend each course or activity solely for educational or self-improvemet purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ courses, or for interfering with any courses/activities or the Chef’s ongoing relationship with any Learners attending such class.

Special Rules for Chefs Conducting Classes

By listing a class on BakeWithChef, you assume full responsibility for the content of the Service offered.

By listing a class on BakeWithChef, you understand that it is publicly available to be viewed and the online classes viewed by any learner.

You represent and warrant to BakeWithChef that you are qualified to teach the baking or pastry classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.

You agree not to abuse your Learners’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your course or activity without the learners’ prior consent.

You understand that, if you share a course or activity, your learners will have the opportunity to review their experience with you. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.

Payment and Fees

All class fees are paid directly to BakeWithChef via PayPal or equivalent international payment facility. We are not party to any transaction between PayPal and any Learner and cannot be held responsible for any issues arising from any such transaction. A full payment is required to register for an online class on BakeWithChef.

Cancellations and Refunds

BakeWithChef is not responsible or liable for any damages, in terms of cost, physically or psychologically as a result of the cancellation or postponement for any course or activity. Shall there be a need to refund with a valid reason from the Learner and accepted by BakeWithChef, the time from refund agreement to monetary reimbursement is up to the sole discretion of BakeWithChef. BakeWithChef also reserves the right to grant a refund on compassionate grounds or on a case-by-case basis.

No Endorsement

BakeWithChef does not endorse any Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from BakeWithChef with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any contributions made by you.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback through the contact us section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of BakeWithChef and you hereby irrevocably assign to BakeWithChef and agree to irrevocably assign to BakeWithChef all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At BakeWithChef’s request and expense, you will execute documents and take such further acts as BakeWithChef may reasonably request to assist BakeWithChef to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR PUBLISHING OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Content available through the Service or presented at any course or activities represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized BakeWithChef spokesperson speaking in his/her official capacity.

You understand and agree that temporary interruptions of the Service may occur as normal activities. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER BAKEWITHCHEF PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE,NOR ANY OTHER BAKEWITHCHEF PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY COURSE, ACTIVITIES OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A LEARNER, BAKEWITHCHEF AND CHEF.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other BakeWithChef Parties affiliates, officers, agents, partners, and employees harmless from all liabilities (including statutory liability and liability to third parties), liabilities penalties, claims, demands, actions, proceedings and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based in Malaysia and shall not give rise to personal jurisdiction over BakeWithChef, either specific or general, in jurisdictions other than Malaysia. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the Malaysia, without regard to conflicts of law principles. You agree that any legal action or proceeding between BakeWithChef and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Malaysia.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within three (3) months after the claim or cause of action arises or such claim or cause of action is barred.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE, THE PRIVACY POLICY OR THE OTHER GOVERNING DOCUMENTS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and BakeWithChef concerning the Service and the services provided by BakeWithChef. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. BakeWithChef's failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. BakeWithChef may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between BakeWithChef and you will be sent and received electronically and/or via mobile messaging. You agree that all electronic communication between BakeWithChef and you shall satisfy any legal requirements that such communications be in writing.

Any rights of BakeWithChef not expressly granted herein are reserved.

Notification of Infringement

BakeWithChef reserves the right to investigate notices of copyright, trademark and other intellectual property infringement in respect of BakeWithChef Content, User Content and other material on the Service and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Service, please notify BakeWithChef in writing immediately.

BakeWithChef will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against BakeWithChef in respect of any Infringing Material, unless you have first given BakeWithChef the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter BakeWithChef refuses or fails to remove the Infringing Material within a reasonable time.  Where BakeWithChef removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against BakeWithChef under applicable law which you may have in respect of any Infringing Material appearing on the Service prior to such removal by BakeWithChef.

You acknowledge and agree that BakeWithChef has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Service or other third party SNS.

Contacting BakeWithChef

If you have any questions about these Terms and Privacy please contact BakeWithChef at hello@bakewithchef.com

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