Terms of use

Cook Concern offers all entrepreneurs working in the catering industry, such as cooks, personal chefs, restaurateurs and other professional catering providers the opportunity to present themselves, their company and/or industry-specific content such as vacancies, events, food trucks, properties and other gastronomic services publicly and transnationally. Interest-oriented search filters and industry-specific tags make it easy for people with an interest in collaborating to search and navigate the cookconcern.com site.

Section 1: Definitions

  1. “Consumers” are natural persons who enter into legal transactions for purposes which are not predominantly attributable to their trade, business or professional activities.
  2. “Traders” are natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession.
  3. “Users” are all visitors to the telecommunications and media services and websites provided by Cook Concern.

Section 2: Introductory provisions, changes to the terms of use

  1. cookconcern.com is a service provided by Nico Mateew, Engertstraße 5, 04177 Leipzig, Germany (hereinafter referred to as: “Cook Concern”).
  2. These terms of use apply to all services which Cook Concern provides to the user via the Internet, regardless of which device (e.g. PC, tablet, mobile phone) and which associated domain (www.cookconcern.de/com etc.) the user uses to access Cook Concern’s services. Any use of Cook Concern’s websites is subject to the user accepting and complying with these terms of use. With regard to the use of individual applications, supplementary terms may apply in addition to these terms of use. In parallel to these terms of use, the use of individual applications may be subject to additional conditions, which are displayed separately in individual cases before booking.
  3. Cook Concern is entitled to change these terms of use, provided the changes are reasonable for the user. Cook Concern shall inform the user in good time of the planned changes by email or by post. Unless the user raises an objection within 6 [six] weeks of receiving such notification, the changes to the terms of use shall be deemed accepted. In its notification, Cook Concern shall point out the user’s right of objection as well as the legal consequences of the deadline passing.
  4. Cook Concern also reserves the right to change the terms of use
    1. if the change is only beneficial to the user;
    2. if the change is purely for technical or procedural reasons, unless it has a significant impact on the user;
    3. insofar as Cook Concern is required to ensure that the terms of use conform with applicable laws, in particular if the current legal situation changes;
    4. insofar as by doing so Cook Concern is complying with a court judgment or an administrative decision directed against Cook Concern; or
    5. insofar as Cook Concern introduces additional, entirely new services or service elements which require a service description in the terms of use, unless this adversely alters the existing owner and user relationship.
    Cook Concern shall inform users in good time of any such changes to the terms of use, for example on the Cook Concern website. Any changes to the terms of use under this provision shall not affect the user’s right to terminate the contract pursuant to Section 8.
  5. These terms of use apply exclusively. Conflicting, differing or supplementary, pre-formulated terms and conditions on the part of the user shall only be considered accepted if Cook Concern has expressly consented to their validity in writing.
  6. The contract language is German. The German version shall take precedence.

Section 3: Authorised user group

  1. Profiles and ads (particularly jobs wanted ads) published on the websites of Cook Concern are freely and publicly accessible to everyone. However, the service provided by Cook Concern is intended for adult users only. Users who are minors may only use Cook Concern’s service with the consent of their legal representatives.
  2. Users who are not natural persons (but e.g. legal entities, companies) may only publish ads, requests and other communications on the Cook Concern websites if these are for their own company, including any subsidiaries and/or franchise partners. The publication of information, profiles, ads and other communications for third parties and/or for the purpose of generating revenue is expressly prohibited.
  3. Cook Concern reserves the right to not publish information, profiles, ads and other communications if there are circumstances which justify legitimate doubts as to whether these terms of use have been observed.

Section 4: Purpose of use, conclusion of usage agreements

  1. Individuals belonging to the user group defined in Section 3 are permitted to use Cook Concern’s websites free of charge for conducting searches and research. The user may, for a fee, use further features and applications provided by Cook Concern (e.g. ads for food trucks, properties, personal chefs and other job vacancies); Cook Concern will notify the user in good time and clearly about any costs and applicable prices for the additional features and applications.
  2. If Cook Concern confirms the user’s registration (e.g. by email) or if Cook Concern publishes one of the user’s ads, then a contract shall come into being between the user and Cook Concern which governs the use of Cook Concern’s websites (“usage agreement”); however, the user shall not be entitled to demand a corresponding usage agreement from Cook Concern.
  3. The user may, for a fee, use further features and applications provided by Cook Concern (e.g. placement of jobs wanted ads); Cook Concern will notify the user in good time and clearly about any costs and applicable prices for the additional features.
  4. The opportunity to use the features provided on Cook Concern’s websites does not constitute an offer to the user in the legal sense, but should be understood as an invitation to the user to submit an offer. If the user notifies Cook Concern of their desire to use the selected feature by clicking on the corresponding final button, the user will be submitting an offer in the legal sense to enter into a contract on the use of the respective feature. Until they have clicked on the final button, the user may correct or delete the information they have provided by using the usual PC and/or browser functions (e.g. the “Back” button in their browser). Cook Concern shall accept the user’s offer by providing the respective feature. Not until this acceptance has occurred will the contract between the user and Cook Concern come into being. The user will receive a corresponding confirmation from Cook Concern by email. Cook Concern is not obliged to accept offers made by the user or to enter into a contract. The contract text will be stored but cannot be accessed online by the user. It will be deleted once the contract has been processed in full, unless this is in contravention of trade and tax regulations.
  5. Cook Concern’s websites are used to access information and present cooks, catering businesses and corresponding events; as such, users are in particular not provided with work experience or training placements, work, employment or other services, and nor do the Cook Concern websites pass on any information or contact details. If the users establish contact with another party, then they do so independently and not on the Cook Concern websites.
  6. The user is expressly prohibited from copying Cook Concern’s websites – whether completely or in part as a result of the copying of texts, images, videos, diagrams or the design. By derogation of Sentence 1, the user is authorised to download, present and print individual pages from Cook Concern’s websites – in particular, requests, personal chef profiles, and cook profile information – solely for the purpose of documentation, verification and establishing contact with the person concerned. In such cases, the user is required to provide the source (e.g. www.cookconcern.com) in the file or printout by adding an easily understandable, legible and fixed note.

Section 5: Registration

  1. The user must first register successfully in order to create a cook profile and to use additional features (some of which are not free of charge), such as job vacancies. In order to register, the user provides mandatory information asked for in the electronic registration form on Cook Concern’s websites; this is first and foremost their first and last names, a valid email address and a personal password for logging in later on. After submitting the electronic registration form, the user is required to complete the process by clicking on the confirmation link sent to them in an email by Cook Concern. The user will then receive an email from Cook Concern notifying them that their registration was a success.
  2. The necessary data the user submits as part of their registration must be complete and correct.
  3. The user is free to choose their own password, which for security reasons should not contain any conspicuous repetitions of the same character, not consist of generally known words and names, and not already be used by the user elsewhere. For further information about privacy and how we handle user data, please refer to Cook Concern’s privacy policy, which can be viewed at any time at www.cookconcern.com.

Section 6: Creating a cook profile

  1. Every registered user (see Section 5) may create 1 [one] personal cook profile. In some cases Cook Concern provides assistance (e.g. drop-down menus) to help users enter the mandatory information for this. The cook profile is provided solely for users (including those new to the profession) to present their own career, professional status and future job preferences in the cookery trade; any other use, particularly for other commercial purposes, is prohibited.
  2. Where possible, cook profiles which have been sufficiently filled in by users will be published as soon as the user makes their cook profile public by going to their user account and sliding the corresponding button at the beginning of the page under “My Cook Profile”, although the user will have no right to demand that their cook profile be published instantly or at a certain time.
  3. Cook profiles which have been published are freely accessible on the Internet. By accessing their user account, the user may edit, amend, update and extend their cook profile, or hide it from the general public for the future, at any time, provided they have logged in using their login data.

Section 7: Pricing and payment terms

  1. All prices indicated by Cook Concern include statutory value added tax (gross prices), unless prices are expressly stated as being exclusive of statutory value added tax (net prices). Any special prices granted by Cook Concern are applicable for the validity period booked by the user; afterwards the regular prices, which are listed on our website, will apply.
  2. Fees for features and applications booked additionally are payable in advance for the entire validity period. Invoices from Cook Concern are payable immediately upon receipt without any deductions, unless different payment terms are agreed in the invoice or in other correspondence between the parties to the contract. The date of payment shall be determined by when payment is received by Cook Concern.
  3. The user can settle invoices using the payment methods offered by Cook Concern. If a fee cannot be collected, the user shall bear all costs incurred by Cook Concern as a result, in particular bank charges in connection with returned direct debits and comparable fees, to the extent that the user is responsible for the event which triggers the costs.
  4. Cook Concern is entitled to only submit invoices and payment reminders to the user electronically.
  5. Cook Concern reserves the right to convert billing at any time from euros to the user’s respective national currency, provided the user does not object to this.
  6. Any offset against counterclaims on the part of the user, or the withholding of payments due to such claims, is only permitted where the counterclaims have been accepted, are undisputed or are legally binding.

Section 8: Duration of contract, validity periods, termination of contract

  1. The usage agreement (Section 4) is concluded for an indefinite period. Both the user and Cook Concern may terminate a free usage agreement at any time without giving reasons. To protect the user against unauthorised deletion of their user profile by third parties, in the event of termination Cook Concern may perform an identity check, for example by requesting the user name and an email address registered on Cook Concern’s websites. The user’s termination must be made in text form (an email is sufficient) and addressed to Cook Concern. For its part, Cook Concern may terminate the free usage agreement by giving 14 [fourteen] days’ notice.
  2. Any additional, paid features and applications booked by the user shall expire after the end of the booked validity period, unless they are terminated prematurely for other reasons by either or both parties to the contract (e.g. statutory right to terminate the agreement with good cause). Once the additional, paid features and applications booked by the user have expired, the user’s usage agreement shall continue to apply until it is ended, although the extended features of the additional, paid features and applications will no longer be available to the user.
  3. This does not affect the right to suspend a user’s account, as set out in Section 9 Paragraph 4 of these terms of use, or the statutory right to terminate the agreement with good cause.
  4. If the contract is terminated, the user shall not be entitled to claim reimbursement of fees already paid in advance, unless the user terminates the contract for good cause and Cook Concern is responsible. If Cook Concern terminates the contract with the user for good cause, the user shall not be entitled to claim reimbursement of fees already paid in advance.

Section 9: Obligations of the user, prohibited activities

  1. All users of Cook Concern’s services agree that they will not use Cook Concern’s websites, or any potential exchange of data with Cook Concern, for purposes which violate prohibitions, legal provisions, third-party rights or moral standards.
  2. Specifically, although the following list is not exhaustive, all users of Cook Concern’s websites agree that they will refrain from:
    1. transmitting or publishing any material that is cumulatively or individually infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, racist or otherwise discriminatory;
    2. creating fake profiles, i.e. profiles using a false identity and/or with incorrect information about the person shown in the profile;
    3. copying, changing or distributing the profiles and ads of other users if this behaviour is carried out for purposes which go beyond documentation and verification in the context of one’s own affairs;
    4. framing and/or linking the information available on Cook Concern’s websites, unless this is expressly permitted;
    5. using Cook Concern’s services and websites to distribute and/or promote spam, chain letters or pyramid schemes and obtaining and processing any data (e.g. email address) and/or other information involving the persons concerned without corresponding authorisation (e.g. consent);
    6. using viruses or other technology that could damage Cook Concern’s services and websites or the property of other users of Cook Concern’s services;
    7. automatically accessing content on Cook Concern’s websites or automatically collecting said content using robots, crawlers, spiders, scrapers or other automatic mechanisms, without prior written consent from Cook Concern or the respective rights holder;
    8. subjecting Cook Concern’s websites to excessive loads or otherwise disrupting the availability of Cook Concern’s websites;
    9. using any device to navigate or search Cook Concern’s websites other than the features made available by Cook Concern, generally available third-party web browsers or other tools approved in advance by Cook Concern;
    10. performing any reverse engineering or decompilation of Cook Concern’s websites;
    11. circumventing any steps taken by Cook Concern to restrict and/or block access to Cook Concern’s websites.
  3. In addition to the obligations under Section 9 Paragraphs 1 and 2, registered users are also required to:
    1. publish communications, ads and requests in the appropriate predefined categories on Cook Concern’s websites, using words and images to provide full, up-to-date and truthful descriptions of them. The description must not contain any content which contains restricted and/or password-protected and/or hidden websites or content (such as images, videos);
    2. ensure that their cook profiles, ads, requests and all other communications on Cook Concern’s websites do not contain any components that infringe third-party rights, such as naming rights and trademarks;
    3. keep all of their publicly visible information and their personal details in the login area of the website (user account) up to date and, in particular, to promptly incorporate any changes to the information they provided when registering in their user account, and to deactivate or delete profiles, ads, requests and other communications they no longer require;
    4. keep their login details and personal password secret and not pass these on to third parties, unless this information is passed on based on a legal, judicial or regulatory authorisation;
    5. change their personal password without undue delay if the user has reason to believe that unauthorised third parties have discovered their password.
  4. In cases of intentional infringement of the aforementioned obligations and prohibitions, Cook Concern reserves the right to take legal action at its own discretion and temporarily or irreversibly prevent the user in question from continuing to use Cook Concern’s websites, which may specifically entail the deletion of profiles whose creation was in breach of these terms of use.

Section 10: Provision of content, granting of usage rights, indemnification

  1. Users who integrate texts, photos, images, logos and other protected content or content capable of being protected (hereinafter referred to as “content”) in their profiles, ads, requests or other communications and publish them on Cook Concern’s websites, shall retain any existing rights to that content, such as naming, trademark, patent, copyright, usage and goods protection rights. Cook Concern shall assert no claim to the ownership of users’ content or control over such content.
  2. With regard to the content they upload when using Cook Concern’s websites, users grant Cook Concern the non-exclusive, global, temporally and geographically unlimited, free right to use the content, to reproduce, adapt and distribute the content and to employ all known and as yet unknown forms of usage to publish it. In addition, by creating and publishing content which will be generally accessible on Cook Concern’s websites, the user grants Cook Concern a global, non-exclusive and free right to reproduce, adapt, distribute and publish the submitted content for promotional purposes and for services provided by Cook Concern.
  3. All users who publish content on Cook Concern’s websites grant all other users of Cook Concern’s websites – registered and unregistered alike – permission to access the published content, to present the published content, to view said content, store it and reproduce it, provided this is for private use or necessary for purposes of documentation and establishing contact.
  4. The user guarantees that they hold the necessary right to grant the licence to the generated and published content, or that the holder of any rights, including copyright, has completely and effectively waived these rights and instead legitimately and irrevocably granted the user the right to grant the licence specified above to Cook Concern.
  5. The user already agrees that they shall, upon first request, release Cook Concern from all claims asserted by third parties, in particular from claims arising from copyright and trademark violations which might be asserted against Cook Concern in connection with the contractual use of information, data and content provided by the user. Cook Concern is entitled to take action it deems appropriate to defend itself against claims by third parties or to enforce its rights. This indemnification also includes compensation for the costs incurred by Cook Concern as a result of prosecution/legal defence.

Section 11: Reporting of legal infringements

  1. Users are responsible for protecting their rights and legal positions. Cook Concern does not check whether the information, data and content provided by users is legally compliant, accurate, complete or up to date; the user is solely responsible for conducting such checks before and during publication.
  2. Users who believe that their rights have been infringed on the Cook Concern websites are kindly requested to inform Cook Concern of this, using the following contact details, so that Cook Concern can take immediate action:
    Nico Mateew, Engertstraße 5, 04177 Leipzig, Germany, E-Mail: info@cookconcern.com, Phone: +49 341 9759 4000
  3. Any notification we receive concerning a legal infringement must contain sufficient information to allow us to ascertain whether the legal infringement is being reported by the actual rights holder or an authorised representative, and what precisely constitutes the legal infringement.

Section 12: Privacy

  1. Privacy is subject to the provisions of the Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Cook Concern’s separate privacy provisions, which can be viewed on the website at www.cookconcern.com, also apply.
  2. By using the services and websites of Cook Concern, the user agrees to their data being used in accordance with the privacy policy.

Section 13: Website availability, liability

  1. Cook Concern cannot guarantee that the information, communications and ads created and published by users (in particular, for example, cook profiles, jobs wanted ads) are truthful, accurate or up to date. Cook Concern does not share any of the opinions expressed by users on Cook Concern’s websites.
  2. Given current technological standards, Cook Concern cannot guarantee the flawless, uninterrupted availability of its websites and related functionality (such as filter and search functions). Accordingly, Cook Concern assumes no liability for transmission errors caused by technical issues, transmission delays or downtime, unless Cook Concern or its vicarious agents has or have caused these circumstances intentionally or through gross negligence.
  3. Cook Concern is entitled to take down its websites, fully or in part, without informing all users individually. In such cases, Cook Concern shall post corresponding information on its websites to inform all users for a period of at least 4 [four] weeks in advance.
  4. Cook Concern’s liability under mandatory liability regulations is not affected by the foregoing limitations and exclusions of liability.

Section 14: Final provisions

  1. In the case of an infringement of these terms of use, if Cook Concern does not assert any claims or other rights against the user, then in the event of renewed infringement this shall not affect the right of Cook Concern to assert the corresponding claims and/or other rights.
  2. Cook Concern is entitled to transfer rights and obligations in part or in whole to third parties.
  3. In order to be valid, any changes or additions to these terms of use as well as ancillary agreements must be recorded in text form (an email is sufficient).
  4. All legal relationships between Cook Concern and the users are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on the Sale of Goods. If the user is a consumer (see Section 1 Paragraph 1), Sentence 1 shall apply only to the extent that the choice of German law does not undermine the protection provided by mandatory regulations under the law of the state in which the consumer is ordinarily resident. If the user is a merchant or a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from the relationship between Cook Concern and the user shall be Leipzig. The same shall apply if the user has no place of general jurisdiction in Germany or their domicile or place of habitual residence is not known at the time when the proceedings are instituted. This does not affect mandatory statutory provisions.
  5. If any provision of these terms of use should be or become wholly or partly ineffective, this shall not affect the validity of the remaining provisions. Any invalid provision shall be replaced with one which is legally possible and which comes as close as possible to the content of the invalid provision and the parties’ mutual economic interests in the invalid provision. The same applies to any loopholes.

Information about the right of withdrawal

Users who are consumers (Section 1 Paragraph 1 of these terms of use) and use means of distance communication to acquire a service from Cook Concern in return for payment, have a statutory right of withdrawal, provided this does not expire prematurely.

The following provides information about this:

Right of withdrawal

You are entitled to withdraw from this contract within fourteen days, without giving any reasons. This withdrawal period is fourteen days from the day when the contract is concluded. In order to exercise your right of withdrawal, you must inform me/us,

Nico Mateew
Engertstraße 5
04177 Leipzig
Germany
Email: info@cookconcern.com
Telephone number: +49 341 9759 4000

in a clear explanation (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. To do this you may – but are not obliged to – use the attached sample withdrawal form. In order to comply with the withdrawal deadline, it is sufficient if you submit your notification that you are exercising your right of withdrawal before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, then we must refund you for any payments received from you, including delivery costs (with the exception of any additional costs resulting from the fact that you chose a different type of delivery than the least expensive standard delivery option offered by us), without delay and no later than fourteen days from the day we receive notification from you of your withdrawal from this contract. For this refund, unless expressly agreed otherwise with you we will use the same payment method as the one you used for the original transaction; under no circumstances will you be charged a fee for this refund.

If you have requested that the services begin during the withdrawal period, then you will be required to pay us a reasonable amount; this amount will correspond to the services already rendered up until the moment when you inform us of your decision to exercise your right to withdraw from this contract, as a proportion of the overall services covered by the contract.

Please note:

In the case of contracts to provide services, the consumer’s right of withdrawal shall expire prematurely if the trader has rendered the service in full and did not start carrying out the service until after the consumer had given their express consent and at the same time confirmed their knowledge of the fact that they will lose their right of withdrawal once the trader has fulfilled the contract in full.

Sample withdrawal form

If you would like to withdraw from the contract, then please fill in this form and send it back to us.

To
Nico Mateew
Engertstraße 5
04177 Leipzig
Germany
Email: info@cookconcern.com

I/We (*) hereby revoke the contract I/we (*) concluded on the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*) /received on (*)

Name of consumer(s)
Address of consumer(s)

Signature of consumer(s) (only for paper notifications)

Date

_______________

(*) Delete as appropriate.