Privacy Policy
1.1 Introduction:
APCA CHEF ONLINE(“APCA CHEF ONLINE,” “we,” “us,”
“our”) provides its services (described below) to you through its website
located at www.apcachefonline.com (the “Site”) and through its mobile
applications and related services (collectively, such services, including any
new features and applications, and the Site, the “Service(s)”), subject to the
following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF
SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES,
PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH
AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service
We reserve the right, at our sole discretion, to
change or modify portions of these Terms of Service at any time. If we do this,
depending on the nature of the change, we will post the changes on this page and
indicate at the top of this page the date these terms were last revised and/or
notify you, either through the Services’ user interface, in an email
notification or through other reasonable means and as required by applicable
law. Any such changes will become effective no earlier than fourteen (14) days
after they are posted, except that changes addressing new functions of the
Services or changes made for legal reasons will be effective immediately. Your
continued use of the Service after the date any such changes become effective
constitutes your acceptance of the new Terms of Service. In addition, when using
certain Services, you will be subject to any additional terms applicable to such
Services that may be posted on the Service from time to time.
1.3 Privacy:
At APCA CHEF ONLINE, we respect the privacy of our
users. For details please see our Privacy Policy. By using the Service, you
consent to our collection and use of personal data as outlined therein.
2.1 Use Description:
The APCA CHEF ONLINE service, and any content
viewed through our service, is solely for your personal and non-commercial use.
With your APCA CHEF ONLINE purchase we grant you a limited, non-exclusive,
non-transferable, license to access the APCA CHEF ONLINE content and view your
course(s) through the service on a streaming-only basis for that purpose. Except
for the foregoing limited license, no right, title or interest shall be
transferred to you. You agree not to use the service for public performances.
APCA CHEF ONLINE may revoke your license at any time in its sole discretion.
Upon such revocation, you must promptly destroy all content downloaded or
otherwise obtained through the service, as well as copies of such materials,
whether made in accordance with these Terms of Service or otherwise.
2.2 Your Registration Obligations:
You may be required to register with APCA CHEF
ONLINE in order to access and use certain features of the Service. If you choose
to register for the Service, you agree to provide and maintain true, accurate,
current and complete information about yourself as prompted by the Service’s
registration form. Registration data and certain other information about you are
governed by our Privacy Policy. If you are under 12 years of age, you are not
authorized to use the Service, with or without registering. In addition, if you
are under 18 years old, you may use the Service, with or without registering,
only with the approval of your parent or guardian.
2.3 Member Account, Password and Security:
You may never use another’s account, and you may
not provide another person with the username and password to access your
account. You are fully responsible for any and all activities that occur under
your password or account, and it is your responsibility to ensure that your
password remains confidential and secure. You agree to (a) immediately notify
APCA CHEF ONLINE of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session when accessing the Service. APCA CHEF ONLINE will not be
liable for any loss or damage arising from your failure to comply with this
Section.
2.4 Modifications to Service:
APCA CHEF ONLINE reserves the right to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that APCA CHEF ONLINE will not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Service. We have no obligation to retain any of Your Account or Submitted
Content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:
You acknowledge that APCA CHEF ONLINE may establish
general practices and limits concerning use of the Service, including without
limitation the maximum period of time that data or other content will be
retained by the Service and the maximum storage space that will be allotted on
APCA CHEF ONLINE’s servers on your behalf. You agree that APCA CHEF ONLINE has
no responsibility or liability for the deletion or failure to store any data or
other content maintained or uploaded by the Service. You acknowledge that APCA
CHEF ONLINE reserves the right to terminate accounts that are inactive for an
extended period of time. You further acknowledge that APCA CHEF ONLINE reserves
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
2.6 Mobile Services:
The Service may include certain services that are
available via a mobile device, including (i) the ability to upload content to
the Service via a mobile device, (ii) the ability to browse the Service and the
Site from a mobile device and (iii) the ability to access certain features
through an application downloaded and installed on a mobile device
(collectively, the “Mobile Services”). To the extent you access the Service
through a mobile device, your wireless service carrier’s standard charges, data
rates and other fees may apply. In addition, downloading, installing, or using
certain Mobile Services may be prohibited or restricted by your carrier, and not
all Mobile Services may work with all carriers or devices. In using the Mobile
Services, you may provide your telephone number. By providing your telephone
number, you consent to receive calls and/or SMS, MMS, or text messages at that
number. We may share your phone numbers with our affiliates or with our service
providers (such as customer support, billing or collections companies, and text
message service providers) who we have contracted with to assist us in pursuing
our rights or providing our Services under these Terms of Service, our policies,
applicable law, or any other agreement we may have with you. You agree these
parties may also contact you using autodialed or prerecorded calls and text
messages, as authorized by us to carry out the purposes we have identified
above, and not for their own purposes. In the event you change or deactivate
your mobile telephone number, you agree to promptly update your APCA CHEF ONLINE
account information to ensure that your messages are not sent to the person that
acquires your old number.
2.7 Validity of service:
The validity is one (1) year after the
registration. There will be teaser videos and consultation to help you to make a
decision to use the service, hence, after the registration the fee is not
refundable.
Yes, you can buy an annual
subscription for
shortlisted program to get access to 280+ courses under
respective
program, recipe flipbook and LIVE sessions for one year.
You are solely responsible for all code, video,
images, information, data, text, software, music, sound, photographs, graphics,
messages or other materials (“content”) that you upload, post, publish or
display (hereinafter, “upload”) or email or otherwise use via the Service. APCA
CHEF ONLINE reserves the right to investigate and take appropriate legal action
against anyone who, in APCA CHEF ONLINE’ sole discretion, violates this
provision, including without limitation, removing the offending content from the
Service, suspending or terminating the account of such violators and reporting
you to the law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that (i)
infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or
fiduciary relationships; (iii) contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security risk to any person; (v)
constitutes unsolicited or unauthorized advertising, promotional materials,
commercial activities and/or sales, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious,
excessively violent, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another’s privacy, hateful racially, ethnically or otherwise
objectionable; or (vii) in the sole judgment of APCA CHEF ONLINE, is
objectionable or which restricts or inhibits any other person from using or
enjoying the Service, or which may expose APCA CHEF ONLINE or its users to any
harm or liability of any type;
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
violate any applicable local, state, national or
international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state
or otherwise misrepresent your affiliation with a person or entity; solicit
personal information from anyone under the age of 18;
harvest or collect email addresses or other contact
information of other users from the Service by electronic or other means for the
purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or
services for any business purpose that is not specifically authorized;
further or promote any criminal activity or
enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any
materials or information through any means not intentionally made available or
provided for through the Service.
3.2 Fees:
To the extent the Service or any portion thereof is
made available for any fee, you will be required to select a payment plan and
provide APCA CHEF ONLINE information regarding your credit card or other payment
instrument. You represent and warrant to APCA CHEF ONLINE that such information
is true and that you are authorized to use the payment instrument. You will
promptly update your account information with any changes (for example, a change
in your billing address or credit card expiration date) that may occur. You
agree to pay APCA CHEF ONLINE the amount that is specified in the payment plan
in accordance with the terms of such plan and this Terms of Service. You hereby
authorize APCA CHEF ONLINE to bill your payment instrument in accordance with
the terms of the applicable payment plan until you terminate your account, and
you further agree to pay any charges so incurred. There will be free teaser
video & consultation through email before you sign up, hence, no refund is
applicable after the registration. We reserve the right to change APCA CHEF
ONLINE’s prices. Your continued use of the Service after the price change
becomes effective constitutes your agreement to pay the changed amount.
All in One Offer does not include Recipe PDFs of
programs.
3.3 Recurring, Subscriptions:
If you select a Service with an auto renewal
feature (“Recurring Subscription”), you authorize APCA CHEF ONLINE to maintain
your account information and charge that account automatically upon the renewal
of the Service you choose with no further action required by you. In the event
that APCA CHEF ONLINE is unable to charge your account as authorized by you when
you enrolled in a Recurring Subscription, APCA CHEF ONLINE, may, in its sole
discretion: (i) bill you for your Service and suspend your access to the Service
until payment is received, and/or (ii) seek to update your account information
through third party sources (i.e., your bank or a payment processor) to continue
charging your account as authorized by you.
APCA CHEF ONLINE may change the price for Recurring Subscriptions from time to
time and will communicate any price changes to you in advance and, if
applicable, how to accept those changes. Price changes for Recurring
Subscriptions will take effect at the start of the next subscription period
following the date of the price change. As permitted by local law, you accept
the new price by continuing to use your Recurring Subscription after the price
change takes effect. If you do not agree with the price changes, you have the
right to reject the change by cancelling your Recurring Subscription before the
price change goes into effect. Please therefore make sure you read any such
notification of price changes carefully.
Payments are non-refundable and there are no refunds or credits for partially
used periods. You may cancel a Recurring Subscription at any time, but if you
cancel your subscription before the end of the current subscription period, we
will not refund any subscription fees already paid to us. Following any
cancellation, however, you will continue to have access to the service through
the end of your current subscription period.
If you subscribed on our website, you can cancel by contacting Support at
support@bakewithchefs.com or by going to Settings in your account, selecting
Cancel under the Subscription box and then following the onscreen instructions
to continue and cancel subscription.
3.4 Special Notice for International Use; Export Controls:
No Software may be downloaded from the Service or otherwise exported or
re-exported in violation of Malaysia export laws. Downloading or using the
Software is at your sole risk. Recognizing the global nature of the Internet,
you agree to comply with all local rules and laws regarding your use of the
Service, including as it concerns online conduct and acceptable content.
3.5 Commercial Use:
Unless otherwise expressly authorized herein or by APCA CHEF ONLINE in writing,
you agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, exploit,
transfer or upload for any commercial purposes, any portion of the Service, use
of the Service, or access to the Service.
4.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features
(“Service Content”) that are protected by copyright, patent, trademark, trade
secret or other proprietary rights and laws. Except as expressly authorized by
APCA CHEF ONLINE, you agree not to modify, copy, frame, scrape, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the
Service Content, in whole or in part, except that the foregoing does not apply
to your own User Content (as defined below) that you legally upload to the
Service. In connection with your use of the Service you will not engage in or
use any data mining, robots, scraping or similar data gathering or extraction
methods. If you are blocked by APCA CHEF ONLINE from accessing the Service
(including blocking your IP address), you agree not to implement any measures to
circumvent such blocking (e.g., by masking your IP address or using a proxy IP
address). Any use of the Service or the Service Content other than as
specifically authorized herein is strictly prohibited. The technology and
software underlying the Service or distributed in connection therewith are the
property of APCA CHEF ONLINE, our affiliates and our partners (the “Software”).
You agree not to copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, or otherwise transfer any right in the Software. Any rights not
expressly granted herein are reserved by APCA CHEF ONLINE.
The APCA CHEF ONLINE name and logos are trademarks and service marks of APCA CHEF
ONLINE (collectively the “APCA CHEF ONLINE Trademarks”). Other APCA CHEF ONLINE,
product, and service names and logos used and displayed via the Service may be
trademarks or service marks of their respective owners who may or may not
endorse or be affiliated with or connected to APCA CHEF ONLINE. Nothing in this
Terms of Service or the Service should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of APCA CHEF ONLINE
Trademarks displayed on the Service, without our prior written permission in
each instance. All goodwill generated from the use of APCA CHEF ONLINE
Trademarks will inure to our exclusive benefit.
4.2 Third Party Material:
Under no circumstances will APCA CHEF ONLINE be liable in any way for any
content or materials of any third parties (including users), including, but not
limited to, for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of the use of any such content. You
acknowledge that APCA CHEF ONLINE does not pre-screen content, but that APCA
CHEF ONLINE and its designees will have the right (but not the obligation) in
their sole discretion to refuse or remove any content that is available via the
Service. Without limiting the foregoing, APCA CHEF ONLINE and its designees will
have the right to remove any content that violates these Terms of Service or is
deemed by APCA CHEF ONLINE, in its sole discretion, to be otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content.
4.3 User Content Transmitted:
Through the Service: With respect to the content or other materials you upload
through the Service or share with other users or recipients (collectively, “User
Content”), you represent and warrant that you own all right, title and interest
in and to such User Content, including, without limitation, all copyrights and
rights of publicity contained therein, and that you have all required rights to
post or transmit such content or other materials without violation of any
third-party rights. By uploading any User Content you hereby grant and will
grant APCA CHEF ONLINE, its affiliated companies and partners (including but not
limited to APCA CHEF ONLINE instructors, practitioners and other third parties
providing instructional information through the Services, collectively
“partners”) a nonexclusive, worldwide, royalty free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, adapt, perform, publish, distribute (through multiple tiers of
distribution and partnerships), store, modify and otherwise use and fully
exploit your User Content in any and all media, form, medium, technology or
distribution methods now known or later developed and for any and all purposes
(commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information relevant to the Service (“Submissions”), provided
by you to APCA CHEF ONLINE, its affiliated companies or partners are
non-confidential and APCA CHEF ONLINE, its affiliated companies and partners
will be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
You acknowledge and agree that APCA CHEF ONLINE may preserve content and may also
disclose content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process, applicable laws or government requests; (b) enforce these Terms
of Service; (c) respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of APCA CHEF
ONLINE, its users and the public. You understand that the technical processing
and transmission of the Service, including your content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
4.4 Copyright Complaints:
APCA CHEF ONLINErespects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, you should notify APCA CHEF ONLINEof your
infringement claim in accordance with the procedure set forth below.
You may also contact us by mail at:
APCA CHEF ONLINE
16, Jalan 51a/223, Seksyen 51a, 46100 Petaling Jaya,
Selangor, Malaysia.
To be effective, the notification must be in writing and contain the following
information: an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed; a description of where the material that you claim is
infringing is located on the Service, with enough detail that we may find it on
the Service; your address, telephone number, and email address; a statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright or intellectual property owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s behalf.
4.5 Counter-Notice:
If you believe that your User Content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to the law, to upload
and use the content in your User Content, you may send a written counter-notice
containing the following information to the Copyright Agent: your physical or
electronic signature; identification of the content that has been removed or to
which access has been disabled and the location at which the content appeared
before it was removed or disabled; a statement that you have a good faith belief
that the content was removed or disabled as a result of mistake or a
misidentification of the content; and your name, address, telephone number, and
email address, a statement that you consent to the jurisdiction of the federal
court located within Northern District of California and a statement that you
will accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by the Copyright Agent, APCA CHEF ONLINE will
send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at our sole discretion.
4.6 Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, APCA CHEF ONLINE has
adopted a policy of terminating, in appropriate circumstances and at APCA CHEF
ONLINE’s sole discretion, users who are deemed to be repeat infringers. APCA
CHEF ONLINE may also at its sole discretion limit access to the Service and/or
terminate the memberships of any users who infringe any intellectual property
rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to
other sites and resources on the Internet. APCA CHEF ONLINEhas no control over
such sites and resources and APCA CHEF ONLINEis not responsible for and does not
endorse such sites and resources. You further acknowledge and agree that APCA
CHEF ONLINEwill not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any content, events, goods or services available on or through any
such site or resource. Any dealings you have with third parties found while
using the Service are between you and the third party, and you agree that APCA
CHEF ONLINEis not liable for any loss or claim that you may have against any
such third party.
You may enable or log in to the Service via various online third-party services,
such as social media and social networking services like Facebook or Twitter
(“Social Networking Services”). By logging in or directly integrating these
Social Networking Services into the Service, we make your online experiences
richer and more personalized. To take advantage of this feature and
capabilities, we may ask you to authenticate, register for or log into Social
Networking Services on the websites of their respective providers. As part of
such integration, the Social Networking Services will provide us with access to
certain information that you have provided to such Social Networking Services,
and we will use, store and disclose such information in accordance with our
Privacy Policy. For more information about the implications of activating these
Social Networking Services and APCA CHEF ONLINE’s use, storage and disclosure of
information related to you and your use of such services within APCA CHEF ONLINE
(including your friend lists and the like), please see our Privacy Policy.
However, please remember that the manner in which Social Networking Services use,
store and disclose your information is governed solely by the policies of such
third parties, and APCA CHEF ONLINE shall have no liability or responsibility
for the privacy practices or other actions of any third party site or service
that may be enabled within the Service.
In addition, APCA CHEF ONLINE is not responsible for the accuracy, availability
or reliability of any information, content, goods, data, opinions, advice or
statements made available in connection with Social Networking Services. As
such, APCA CHEF ONLINE is not liable for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Social
Networking Services. APCA CHEF ONLINE enables these features merely as a
convenience and the integration or inclusion of such features does not imply an
endorsement or recommendation.
To the fullest extent permitted by law, you agree to release, indemnify and hold
APCA CHEF ONLINE and its affiliates and their officers, employees, directors and
agent harmless from any from any and all losses, damages, expenses, including
reasonable attorneys’ fees, rights, claims, actions of any kind and injury
(including death) arising out of or relating to your use of the Service, any
User Content, your connection to the Service, your violation of these Terms of
Service or your violation of any rights of another. If you are a California
resident, you waive California Civil Code Section 1542, which says: “A general
release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor.” If you are a
resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN,
APCA CHEF ONLINEEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
APCA CHEF ONLINEMAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APCA CHEF ONLINEWILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APCA CHEF ONLINEHAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY
OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL APCA CHEF ONLINE’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF
SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
If you have any dispute with us, you agree that before taking any formal action,
you will contact us at APCA CHEF ONLINE, 16, Jalan 51a/223, Seksyen 51a, 46100
Petaling Jaya, Selangor, Malaysia and support@bakewithchefs.com, and provide a
brief, written description of the dispute and your contact information
(including your username, if your dispute relates to an account). Except for
intellectual property and small claims court claims, the parties agree to use
their best efforts to settle any dispute, claim, question, or disagreement
directly through consultation and good faith negotiations shall be a condition
to either party initiating a lawsuit or arbitration.
The arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these Terms of
Service, including but not limited to any claim that all or any part of these
Terms of Services are void or voidable, or whether a claim is subject to
arbitration. The arbitrator shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator’s award shall be
written and shall be binding on the parties and may be entered as a judgment in
any court of competent jurisdiction.
APCA CHEF ONLINE shall bear the cost of any arbitration filing fees and
arbitration fees for claims of up to RM 25,000, unless the arbitrator finds the
arbitration to be frivolous. You are responsible for all other additional costs
that you may incur in the arbitration including but not limited to attorneys’
fees and expert witness costs unless APCA CHEF ONLINE is otherwise specifically
required to pay such fees under applicable law.
You and we agree that the arbitration shall be conducted in the party’s
respective individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to file a
class action or seek relief on a class basis. YOU AND APCA CHEF ONLINEAGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. If any court or arbitrator determines that the class action waiver
set forth in this paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration provisions set
forth above shall be deemed null and void in their entirety and the parties
shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through
arbitration, you or we may bring enforcement actions, validity determinations or
claims arising from or relating to theft, piracy or unauthorized use of
intellectual property in state or federal court with jurisdiction or in the
Malaysia Patent and Trademark Office to protect intellectual property rights
(“intellectual property rights” means patents, copyrights, moral rights,
trademarks, and trade secrets, but not privacy or publicity rights). You or we
may also seek relief in a small claims court for disputes or claims within the
scope of that court’s jurisdiction to the extent such claims do not seek
equitable relief.
You have the right to opt out and not be bound by the arbitration and class
action waiver provisions set forth above by sending written notice of your
decision to opt out to APCA CHEF ONLINE at the address identified in Section 14
below. The notice must be sent within thirty (30) days of (a) the “Date of Last
Revision” date of these Terms of Service as set forth above; or (b) your first
date that you used the Services that contained any versions of the Terms of
Service that included this version of the mandatory arbitration and class action
waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes
in accordance with the terms of these paragraphs. If you opt out of these
arbitration provisions, APCA CHEF ONLINE also will not be bound by them. If APCA
CHEF ONLINE changes this ‘Arbitration’ section after the date you first accepted
these Terms of Service (or accepted any subsequent changes to these Terms of
Service), you may reject any such change by sending us written notice within 30
days of the date such change became effective, as indicated in the “Date of Last
Revision” date above or in the date of APCA CHEF ONLINE’s email to you notifying
you of such change. By rejecting any change, you are agreeing that you will
arbitrate any dispute between you and APCA CHEF ONLINE in accordance with the
provisions of this section as of the date you first accepted these Terms of
Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE
REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND APCA CHEF ONLINEREGARDING ANY
ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING
YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS
A CLASS ACTION.
You agree that APCA CHEF ONLINE, in its sole discretion, may suspend or terminate
your account (or any part thereof) or use of the Service and remove and discard
any content within the Service, for any reason, including, without limitation,
for lack of use or if APCA CHEF ONLINE believes that you have violated or acted
inconsistently with the letter or spirit of these Terms of Service. Any
suspected fraudulent, abusive or illegal activity that may be grounds for
termination of your use of Service, may be referred to appropriate law
enforcement authorities. APCA CHEF ONLINE may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any
provision of this Terms of Service may be effected without prior notice, and
acknowledge and agree that APCA CHEF ONLINE may immediately deactivate or delete
your account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that APCA
CHEF ONLINE will not be liable to you or any third party for any termination of
your access to the Service.
.
You agree that you are solely responsible for your interactions with any other
user in connection with the Service and APCA CHEF ONLINE will have no liability
or responsibility with respect thereto. APCA CHEF ONLINE reserves the right, but
has no obligation, to become involved in any way with disputes between you and
any other user of the Service.
No Refund policy – We do not entertain any refunds, we request consumers to go
ahead and look at the course topics carefully and make a decision to register.
These Terms of Service constitute the entire agreement between you and APCA CHEF
ONLINE and govern your use of the Service, superseding any prior agreements
between you and APCA CHEF ONLINE with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use affiliate
or third-party services, third party content or third-party software. The
failure of APCA CHEF ONLINEto exercise or enforce any right or provision of
these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Service remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. A printed version of this
agreement and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
may not assign this Terms of Service without the prior written consent of APCA
CHEF ONLINE, but APCA CHEF ONLINEmay assign or transfer this Terms of Service,
in whole or in part, without restriction. The section titles in these Terms of
Service are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail. Under no
circumstances shall APCA CHEF ONLINEbe held liable for any delay or failure in
performance resulting directly or indirectly from an event beyond its reasonable
control. The Service may also provide notices to you of changes to these Terms
of Service or other matters by displaying notices or links to notices generally
on the Service.
Please contact us at 16, Jalan 51a/223, Seksyen 51a, 46100 Petaling Jaya, Selangor, Malaysia or support@apcachefonline.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
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