Cookitoo Standards – Owners

Introduction

Cookitoo is a marketplace for kitchen owners to rent out their unused space. This is a guide created to help owners seamlessly integrate with our processes and maximise the opportunity that exists in their idle kitchen space.

1.0 Exclusivity Agreement

The Exclusivity Agreement is effective from the date that the contract is signed.

 

BETWEEN: Cookitoo, (the company) with its head office located at: 41-43 Stewart St, Richmond VIC 3121


AND:      BUSINESS NAME, (the owner) with the registered address: e.g. 221 Barkly St, St Kilda VIC 3182

 

1.1 Object

 

The owner grants the company the sole and exclusive right over managing the kitchen space between the hours agreed in the licence agreement.

 

 

1.2 Term

The Agreement commences once the owner has signed the contract agreed between the parties and is extended when the contract is extended and on the same terms. Upon expiration of the contract the agreement extends until the owner gives written notice otherwise.

 

 

1.3 Use

 

The owner maintains the right to dictate how the agreed kitchen space is used, outside of any contractual obligations already agreed to which supersede this right.

 

1.4 Agreement

 

By entering into a contract with the Company, the owner implicitly agrees to this agreement with consideration given to the contractual obligation.

2.0   Bookings

Prior to using the kitchens, owners must:

  1. Provide information regarding certificates, insurance and equipment
  2. Agree to the Cookitoo Standards
  3. Provide contact and bank information
  4. Sign the Commercial Kitchen contract

2.1 Reservations

 

There is a minimum reservation time of 4 hours, made 2 weeks in advance.

Reservations are made based on the availability that the owner has specified. If the owner has specified that the kitchen is available though it is not and a user has requested the booking, the owner may be subject to service fees.

2.2 Confirmation

After a booking has been confirmed you will receive an email confirming the kitchen reservation, the date, and time. See “Payment” for further information.

 

2.5 Security Deposit

 

Before receiving confirmation of a booking the user is required to pay a Security Deposit totalling sum of  one month’s bookings. This will be refunded to the user once the owner and Company approves the Damage Log at the end of the booking (within the Withholding Period).

 

2.6 Cancellations

Cancellations are generally accepted with a minimum of two weeks notice. The payment for the booking will be rolled over to the next booking, minus the booking fee. Cancellations inside two weeks will not be refunded.


2.7 Withholding Period

Withholding Period is the 48hrs after the booking is complete, for the owner to submit any complaints and request for a payment for any damages which will be deducted from the user’s Security Deposit. However if the Company receive, and favourably consider, a request submitted after the end of the Withholding Period, the owner of user must pay to us such amount as we require to satisfy such a request.

 

3.0  Payment

 

We accept the following payment methods:

 

1)  Paypal

 

We invoice and pay via Paypal to ensure the fastest and most secure transfer of funds.

A further amount of 2.5% (inclusive of GST) is charged on each Paypal transaction.

3.1 Additional Charges

 

On occasions, it may be necessary to charge the user fees in addition to the money paid to use the kitchen. These charges may include additional unscheduled time and cleaning fees.

3.2  Unused and Excess Hours

 

users are expected to finish and clean within their reserved time. If a user is still using the kitchen past their reserved time then they are subject to automatic deduction from the Security Deposit for the excess hours.

3.3 Fees

The fee is levied on each transaction booked through the Site. At the date of these Terms, the fee (inclusive of GST) consists of:

  • The amount of this service fee is based on a percentage of the reservation subtotal (before fees and taxes).
  • To help cover the costs of processing user booking payments, we charge hosts a 5% service fee every time a booking is completed. The amount of this service fee is calculated from the reservation subtotal (before fees and taxes).
  • A 10% booking fee is also charged to the user.

3.4 Payouts

Cookitoo will collect the total booking fee from each user at the time of the booking request or upon the owner’s confirmation of the booking and will initiate payout to the owner (less service fees and any taxes) in most cases within 48 hrs of the Withholding Period. Payouts will be made in regular fortnightly intervals. The time it takes for the owner to receive payouts may depend upon the Payout Method chosen by the user. Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the owner, including by deducting their charges from the payout

Amount.

4.0 Security

As owners are sharing their kitchens, they trust that they will feel secure. The company asks all parties to respect others’ property, information, and personal belongings. Each owner is required to fill out the approved equipment list to ensure that all equipment is accounted for and there are no confusions about what equipment is able to be used. Only named users are allowed lockbox codes, and all named users of Cookitoo MUST be registered on the site, otherwise they are breaching the terms of service and are liable for any loss or damage.


4.1 Entering the Facility

Only named users are allowed lockbox codes, and all users of Cookitoo MUST be registered on the site, otherwise they are breaching the terms of service and are liable for any loss or damage. Named users must be created by a Primary Contact nominated prior to the booking. The facility is a secured property and can only be entered by key which is accessed through the Lock Box. Once a reservation is made, named  users will receive the code. This code is changed on a regular basis to minimise unauthorised access. Regular users will be notified when a new code is issued. Although, the access code will allow unlimited access into and out of the facility the kitchen can only be used during the reserved time. If the user shares the key or code with anyone not authorised and registered as a named user, they will be subject to any liabilities that occur, this will include any criminal charges and financial liabilities due to theft, breach security or damage to the premises.

4.2 Local Council Laws

Know and comply with your local council and national laws around kitchen sharing. Different councils in Australia have different laws and local by-laws regarding care and responsibility around renting out your kitchen. You are advised to be aware of the ones applying to you. If you are not familiar with your local council rules, make sure you check out their website and comply with the rules for insurance purposes, otherwise the kitchen and the owner may not be covered by our insurance. For example Streatrader licenses in VIC must be obtained before selling food from a pop-up restaurant or food stall.

5.0 Insurance

5.1 Public Liability

The Insurance policy covers the following risks but are subject to certain limits and conditions. All claims are subject to the applicable policies as administered by relevant underwriters. Below is a summary of the cover types included in the Vero Enterprise Business Insurance Policy.

  • Fire and defined events
  • Theft
  • Glass
  • Breakdown of machinery,
  • Deterioration of stock
  • Business interruption
  • Legal liability

 

Please note that the Insurance Services do not cover the owners and users for at-fault liability, nor the following.

  • Product and public liability arising out of any products sold or supplied
  • Breach of professional duty of care

Please note that the Insurance Services only apply in respect of bookings made through the Site and DO NOT apply where a owner and user has arrange the booking offline.

 

5.2 Cookitoo Guarantee

Cookitoo agrees to pay you, as an owner, to repair or replace equipment listed in your approved overed equipment list when filled out when signing up. Please note that any changes to the list must be emailed directly via support@Cookitoo.com or the equipment will not be covered. If the equipment is damaged or destroyed as a result of a covered loss, subject to the limitations, exclusions and conditions, see Terms of Service, up to a total of AUD $1000.00 per booking block.

You acknowledge and agree to use your best efforts to communicate with the user (defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify the user about your complaint and attempt to resolve the loss or damage with the user. If you and the user are unable to come to a resolution within 48 hrs (the length of the Withholding Period) after first contacting the user, you should contact Cookitoo via support@cookitoo.com.

You acknowledge and agree that any amount of covered losses payable to you under the Cookitoo owner Guarantee will be reduced by the amount you have already collected for the same covered losses from a source other than the Cookitoo owner Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the user or an Invitee (defined below), or other party or an insurer or guarantor of such party.

Except as permitted by law, these Cookitoo owner Guarantee Terms do not affect your statutory rights.

6.0 Equipment

Cookitoo understands that kitchen owners value their equipment. To ensure that they are kept in the way they are, there are all the preventative measures taken before any bookings commence.

6.1 Approved Equipment List

The owner must fill out the Approved Equipment List to clearly state what is present in the kitchen including utensils, mixers, ovens, cold room space etc. And tick each item of equipment that can be used by a user, and what is prohibited from use.

 

Each user must comply to the owner’s equipment instructions and maintain a detailed Equipment Damage Log. If the owner finds that any of the kitchen’s equipment is damaged, they must file a Cookitoo’s Breakages and Damages owner Report within 48 hrs, and then an investigation and if found that the user was at fault, the user will be invoiced.

6.1  Using Shared Equipment

While the kitchen owners work hard to maintain equipment, plumbing and a commercial kitchen’s myriad of parts, the reality is that something breaking down can be expected. The owner will take responsibility for fixing it and repair costs will be borne by the kitchen owner unless the user has caused the breakage. In this instance the user will be invoiced separately for the repair.

 

Please refer to the Equipment Damage Log.