Last Updated: 6 April 2015
Please read the terms and conditions ("Terms and Conditions") set out below carefully before accessing or using this Website.
MakanSharing (hereafter referred to as “Company”, “MakanSharing”, “Service”, “we”, “us” or “our”) is an online food lovers marketplace available at http://www.makansharing.com. MakanSharing facilitates a common platform between those who love to eat (hereafter referred to as “Foodie”, “Foodies” or “users”) and those who love to cook (hereafter referred to as “Cook”, “Cooks”, “Host”, “Hosts” or “users”). Each of MakanSharing’s users, whether Foodie, Cook or Host (hereafter referred to as “user”, “users” or “you”) is invited to use and experience MakanSharing in accordance with the terms and conditions hereunder.
By accessing or using MakanSharing (or any page of it), you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO ANY OF THE TERMS, PLEASE DO NOT CONNECT TO, ACCESS OR USE MAKANSHARING IN ANY MANNER. MakanSharing reserves the right, at its sole discretion, to modify the Website or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice via email. MakanSharing may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms at any time at: www.makansharing.com/welcome/terms
By accessing or using this Website, application or services or by downloading or posting any content from or on the Website or through the services, you acknowledge that you have read and that you understand and agree to be bound by these terms, whether or not you have registered with the Website and Services. If you do not agree to these terms, then do not use this Website or Service. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Without registering, you may browse MakanSharing and view content. However, as a condition to using certain aspects of the Service, you are required to register with MakanSharing. To register, you are committed, warrant and covenant that you provide MakanSharing with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your MakanSharing account. You shall not:
You are solely responsible and liable for any activity that occurs on your account and shall be responsible for maintaining the confidentiality of your MakanSharing password. You shall never use another user's account without such other user's prior express permission. You will immediately notify MakanSharing in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service.
By registering to the Service, you affirm that you are 18 years of age or older and that you accept the Terms of Service. If you are under 18 years of age you may not use the Service on behalf of yourself or any other person or entity, and you must not provide MakanSharing with any of your personal details.
At MakanSharing, we endeavour to provide you with the best experience you can have while using MakanSharing; However, MakanSharing has no control over the conduct of any Cooks, Hosts, Foodies or any other User and disclaims all liability in this regard. Cooks, Hosts and Foodies are recommended to carefully and thoroughly examine and check with their respective Cooks, Hosts and Foods all necessary details related to their Event and Reservation.
As a registered User, each Foodie is welcome to make a Reservation with any Cook offering an event or service on MakanSharing. You may pay for your Reservation by using the PayPal service or Online Banking. As part of the Reservation process you will be asked to fill in some details with respect to your Reservation and you will be required to make payment, as detailed by the Reservation and according to the event or service. MakanSharing will notify you by email that your Reservation is confirmed and then will issue a receipt for the full amount paid. The Amount charged from you will be kept faithfully by MakanSharing and in compliance with any applicable law, and will only be transferred to the respective Cook after your Reserved Food Event and provided that no cancellation notification was made by you as per the cancellation terms.
As a Foodie, in order to make a Reservation on MakanSharing, you will be requested to provide the Company with additional personal information, such as home address, phone number, etc. Note that we will not disclose any of your personal information to others, except for your name and contact details you filled in, in order to place your Reservation with the respective Cook and to provide you with the Service.
Cooks are required to post prices including all applicable taxes for Reservation they offer on MakanSharing, as such Reservation may be subject to taxation, as required or ordered by the applicable tax law in the country in which respective Cooks reside.
Cooks are solely responsible to determine the applicable taxes and are hereby required to comply with the applicable tax law and pay any taxes including but not limited to GST, surcharges, sales taxes, goods and services taxes, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes imposed and levied in connection with Reservations made of their respective Food Events via MakanSharing or the payment thereof and they represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law. Note that failing to pay such taxes, as ordered by applicable tax law or to comply with any provisions the applicable tax law may prevent such Cooks from continuing publishing their Food Events on MakanSharing.
The Full Amount charged from Foodies will be kept faithfully by MakanSharing and in compliance with any applicable law, and will only be transferred to the respective Cook upon completion of the Food Event and provided that no cancellation notification was made before that day by either the Foodies or the Cook. Cook will be paid Reservation amount after deduction of MakanSharing commission and rental of the Location or payment to Host.
You, a Foodie, represent and warrant that you will pay to MakanSharing all fees and taxes incurred with your Reservation. Notwithstanding the above, Company shall reserve the right, but have no obligation, to withhold any applicable taxes and obtain any other remedies available by law. MakanSharing may deduct foreign currency processing costs from any payment.
MakanSharing may provide a feature through which Users may view their Fees in foreign currencies. This information is believed to be accurate, but we do not warrant or guarantee such accuracy. You hereby agree and acknowledge that these views of Fees are for your convenience and informational purposes only. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs.
Please note that MakanSharing does not currently charge fees for the creation of Menus. However, you acknowledge and agree that MakanSharing reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Menus. Please note that MakanSharing will provide notice of any Event fee collection via the Site, Application and Services, prior to implementing such an Event fee feature.
All Reservations are subject to MakanSharing's cancellation policy, as stated below:
Once a Foodie has reserved and registered for an Event, full payment will be required via our payment gateway.
Cancellations are only allowed no later than THREE (3) days before the actual date of the Event. Cancellation requests after that THREE (3) day period will only be allowed subject to MakanSharing’s discretion.
The entire amount paid by the Foodie for the Event will be refunded upon successful cancellation minus any and all applicable Processing Fees.
The Company reserves the right to cancel a Reservation or an Event at any time upon returning full refund of Reservation Amount to the Foodies.
In case a Cook cancels a Foodie Reservation of an Event, MakanSharing will credit the Foodie with the full Reservation Amount such Foodie has paid to MakanSharing. Company reserves the right to charge the cancelling Cook with the Reservation Fees collected.
A Reservation shall be deemed cancelled only upon receipt of MakanSharing confirmation of your cancellation.
Additionally, MakanSharing reserves the right to charge back from Cooks the Reservation Amount they received for organizing certain Food Event if upon the receipt of a complaint by a Foodies with respect to such Food Event, it believes, at its sole discretion, that such Food Event was not compatible with MakanSharing standards of service or in case of any misconduct of the Cook.
MakanSharing shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Cook’s or Foodies’s cancelation of a Reservation of Food Event.
There are certain conducts which are strictly prohibited on MakanSharing. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to MakanSharing and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
MakanSharing allows you to upload, post, publish and make available through it, your own copyrightable materials such as text, images, photos, videos, and any other proprietary materials, including without limitation Cooks' or Hosts’ posts on their pages and/or any part thereof and links to copyrightable materials (the "User Generated Content").
As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on MakanSharing, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to MakanSharing or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable MakanSharing to use the User Generated Content you upload to MakanSharing and that such User Generated Content does not infringe any third party's copyright or other rights.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with MakanSharing. Company explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.
When you upload, post, publish or make available any User Generated Content on MakanSharing or use such User Generated Content via MakanSharing, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User Generated Content, along with your name, details, trade-marks, service-marks and logos, in connection with MakanSharing, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You agree that the Company may remove at any time any User Generated Content you have uploaded to MakanSharing in its sole discretion with or without any reason.
MakanSharing and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of MakanSharing), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to MakanSharing's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of MakanSharing, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of MakanSharing's marks and logos, whether registered or not.
"MakanSharing", MakanSharing™, Company's marks and logo and all other proprietary identifiers used by the Company in connection with MakanSharing (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on MakanSharing belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
At any time, you may change, edit, correct or delete any and all information included in your personal profile. For the cancellation and removal of your account from MakanSharing and on any matters that extend the usual management of your account, you may contact the Company at: email@example.com with such specific request. Company shall terminate your account and remove any information pertaining to you from the Service within reasonable time upon receiving your request for account cancellation. We will attempt to comply with any request to the best of our capabilities.
In the event of misleading representation or misconduct on MakanSharing or in the framework of food events held by Cooks or Hosts through MakanSharing, company may decide, in its sole desecration, to credit you with a refund for the reservation amount paid or part thereof and charge the Cook with this amount. No action of the company may be construed as accepting any liability other than as mentioned herein.
Notwithstanding the foregoing, MakanSharing, including without limitation any content, data and any information related thereto, is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
The company does not warrant that MakanSharing will be uninterrupted or error-free. The company may correct, modify, amend, enhance, improve and make any other changes to MakanSharing at any time or to discontinue displaying or providing any content or features without a notice to you.
The company hereby disclaims all warranties and conditions with regard to the use of MakanSharing, including but not limited to the availability, reliability, or quality of MakanSharing and/or the food events or service distributed through MakanSharing, including the nature and quality of the food served in such events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through MakanSharing, including by Cooks, Hosts or Foodies. The company does not endorse any entity, product or service mentioned in any user generated content available on MakanSharing.
The use of MakanSharing and participation in any food event or service is solely at your own risk. Except as provided herein, in no event shall the company be liable for any damages whatsoever including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of MakanSharing or any food event or service, or the use or inability to use MakanSharing, regardless of whether the company or an authorized representative of the company has been advised of the possibility of such damages. Except where liability is mandatory, in which event liability for damages shall be limited to your reservation fees.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of MakanSharing; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to MakanSharing. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to Us; provided your report will not incur any liability Company's address for reporting any misconduct is specified below: firstname.lastname@example.org.
If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the MakanSharing: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the MakanSharing to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. MakanSharing can be reached through the address specified above.
Any claim relating to MakanSharing or its use thereof will be governed by and interpreted in accordance with the laws of Malaysia without reference to its conflict-of-laws principles. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms constitutes the entire terms and conditions between you and MakanSharing relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the MakanSharing.
You can contact us at: email@example.com
Last Updated: 6 April 2015
The following paragraphs explain which parts of your (the user’s) information will be used and in which way the information will be used by us.
Our purpose for collecting information is to provide and improve our Website, Application, services, features and content, to administer your use of the Website and Application (together, the "Service") and to enable users to ease-of-use of the Website and Application.
When you visit the Website and Application, whether as a Member or a non-registered user just browsing (any of these, a "MakanSharing User"), our servers automatically record information that your browser sends whenever you visit a website ("Access Logs"). Access Logs may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Website and Application, pages of our Website and Application that you visit, the time spent on those pages, information you search for on our Website and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Website, Application and the Service and for the Website and Application's technical administration, to enhance and improve our Website and Application's functionality and user-friendliness. We also use this information to verify that visitors to the Website meet the criteria required to process their requests. We do not treat Access Logs as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
When you register with us through the Website or Application and become a Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Website and Application, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). If the address of a Event or Service you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation for Events or Services. We use your Personal Information to provide the Service and administer your inquiries.
We collect Personal Information in connection with your registration to join MakanSharing. You can register to join via the Website or Application by completing the required forms.
We also collect the other information that you provide as part of registration and the administration and personalization of your MakanSharing Account profile (e.g., without limitation, postcode (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other MakanSharing Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Website, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with MakanSharing newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Notifications" information. (See "Changing or Deleting Information," below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
We use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. Persistent cookies are utilized to save your login information for future logins to the Website and Application. We also utilize session ID cookies to enable certain features of the Website and Application, to better understand how you interact with the Website and Application and to monitor aggregate usage by MakanSharing Users and web traffic routing on the Website and Application. Session cookies are deleted from your computer when you log off from the Website, Application and Service and then close your browser. Third party advertisers on the Website and Application may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or Application or all functionality of the Service.
Our Website and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Website and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Identity theft and the practice currently known as "phishing" are of great concern to MakanSharing. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your MakanSharing Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
MakanSharing may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at firstname.lastname@example.org or editing the relevant part of their profile. If you would like us to cancel your MakanSharing Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your MakanSharing Account. Please note that, if you cancel your MakanSharing Account, any reviews you have posted via the Website and Application will remain publicly viewable via the Website and Application. Please see below for privacy contact information.
We may provide areas on our Website where you can publicly post information about yourself, can communicate with others such as discussion boards or blogs, or can write reviews and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.
MakanSharing takes reasonable steps to protect the Personal Data provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
We may post your reviews and rating on the Website and Application along with your name. If you want your testimonial removed please contact us.