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Terms of Use for Customers

The following “Terms of Use for Customers” apply to the use of the Cooka.ch platform and the relationship between Cooka.ch and its customers. They do not include provisions for providers and their offerings, which may be subject to separate agreements.

1. Definitions

Offer: The products and services provided by providers through Cooka.ch and available for order by customers on the platform.

Order: An order placed by a customer with a provider through the Cooka.ch platform.

Customer: A natural or legal person who places an order with a provider via the platform.

Platform: The website(s), apps, and tools provided by Cooka.ch that offer services to users.

Provider: Private individuals who provide their offerings on the Cooka.ch platform for customer orders.

Service: The intermediary service provided by Cooka.ch, enabling customers to discover offers from providers and place orders.

2. Identity of Cooka.ch

Panthea Group AG
Industriestrasse 28
9100 Herisau
Email: business@panthea-group.com
Company Number: CHE-113.193.877

3. Applicability

These Terms of Use apply to all orders made through Cooka.ch and include the responsibilities of both customers and providers. Cooka.ch does not assume responsibility for the accuracy of the offer information provided by providers. Each provider is responsible for ensuring that the details of their products are truthful and comply with all legal regulations (including hygiene regulations).

4. Liability and Responsibility

Cooka.ch assumes no liability for the content of the offers or business information provided by the providers. Each provider is solely responsible for ensuring that the products they offer comply with all legal and hygiene requirements. Cooka.ch assumes no responsibility for verifying the hygiene conditions of providers. Cooka.ch only provides the platform for the intermediary service and assumes no liability for the execution or fulfillment of contracts between customers and providers. Inspections by the health authority may be carried out without prior notification. Providers must be ready at any time to provide the relevant documents and information proving compliance with hygiene regulations and legal requirements. This may include, for example, a hygiene certificate or confirmation of compliance with food safety standards.

5. Provider’s Responsibility

Cooka.ch provides the platform and does not offer assistance with the tax or legal aspects of the providers’ activities. Each provider is responsible for properly taxing their income, as the sale of meals constitutes taxable income. Providers must ensure they possess all required permits and certifications, especially with regard to food hygiene and safety standards.

6. Disciplinary Actions

In the case of repeated complaints or serious violations of the Terms of Use, such as improper hygiene conditions or false information about the products offered, Cooka.ch reserves the right to take disciplinary actions. This may include suspending the provider’s account. Cooka.ch also reserves the right to suspend providers who repeatedly violate the rules or receive multiple negative reviews from customers.

7. Tax Responsibility

Earnings from the sale of meals must be taxed in accordance with the applicable federal tax regulations. Cooka.ch assumes no liability or assistance with the providers’ tax matters. Each provider is obligated to tax their income correctly.

8. Reporting Suspicious Listings

Customers have the option to report suspicious listings directly through the platform. A “Report” button is displayed on each listing, allowing users to report an offer if it violates the Terms of Use or legal regulations. Cooka.ch will review all reports and reserves the right to take action.

9. Document Retention

Providers should retain relevant documents, such as hygiene certificates or proof of compliance with regulations, in their own interest. These documents should be available at all times in case of an inspection by the health authority or a similar institution. Cooka.ch assumes no responsibility for storing these documents and advises providers to store them securely.

10. Contract

The contract between the customer and the provider is concluded as soon as the customer places an order. Cooka.ch acts solely as an intermediary. Cooka.ch assumes no liability for the quality of the delivered products or their preparation, as this is the sole responsibility of the provider.

11. Data Protection

Cooka.ch processes personal data of customers and providers in accordance with the Privacy Policy. This explains how data is collected, stored, and used to provide the service. The platform is obligated to ensure that all providers comply with data protection regulations, especially with regard to the collection and processing of customer data.

12. Changes to Terms of Use

Cooka.ch reserves the right to change these Terms of Use at any time. Changes will be published on the website and become effective upon publication. Users will be informed if significant changes are made.

13. Compliance with Legal Regulations

Hygiene Standards: Each provider is required to comply with applicable hygiene regulations and ensure that the offered meals are prepared and served under safe and hygienic conditions. Providers must ensure they are regularly trained in food hygiene.

Document Upload: Providers must be prepared to provide relevant documents, such as hygiene certificates or proof of compliance with food regulations, at any time in the event of an inspection by the health authority or similar institution. Cooka.ch assumes no responsibility for storing these documents and recommends providers to store them securely.

Security Measures: Providers must ensure that their production environment complies with local safety standards and poses no risks to consumer health.

Age-Restricted Items: Any provider offering products with a legally required minimum age (e.g., alcoholic products) is solely responsible for ensuring that these products are sold only to eligible customers. Providers must apply appropriate age verification procedures to ensure that age-restricted products are only sold to eligible customers. Cooka.ch assumes no responsibility for age verification compliance.

Legal Liability: Providers are responsible for ensuring that no false information is made about the products offered, particularly regarding ingredients and allergens. Providers must indemnify Cooka.ch from any legal claims arising from false or misleading statements.

Warnings and Legal Disputes: Providers are obligated to ensure the legality of their content and offers. Providers must indemnify Cooka.ch from any claims arising from misconduct by a provider.

Consumer Protection: Providers must confirm that they comply with all product safety regulations to avoid health risks to consumers.

13. Mandatory Registration and Hygiene Certificate

Every provider who offers meals for sale on Cooka.ch is legally required to register with the responsible cantonal food inspection authorities and obtain a hygiene certificate. This ensures that all meals are prepared and delivered under hygienic conditions in compliance with food safety regulations.

Important Notice:

• The registration and acquisition of a hygiene certificate are solely the provider’s responsibility.
• Cooka.ch assumes no liability for compliance with these regulations or any consequences in case of an inspection by the authorities.
• Providers must ensure that they have a valid proof of registration and a hygiene certificate available at all times.
• Health authorities are authorized to conduct random inspections without prior notice.

Responsible Cantonal Authorities

📌 Cooka.ch does not take any responsibility for the provider’s registration or compliance with governmental regulations.

📌 It is solely the provider’s responsibility to ensure they meet all legal requirements.

I confirm that I have read, understood, and will comply with the Terms of Use above.

Privacy Policy For Customers

This Privacy Policy (“Policy”) explains how Cooka.ch collects, uses, discloses, and otherwise processes personal data. This Policy applies to the processing of personal data of customers who use our platform – including the website, the app, and the services provided – to place orders with private providers offering products or services for delivery or pickup through Cooka.ch. At Cooka.ch, we are committed to protecting the privacy of all individuals in our community.

What Personal Data We Use and Why

Personal data, referred to in this Policy as “your data,” includes all information or sets of information that can directly or indirectly identify you, especially by reference to an identifier, such as first and last name, email address, phone number, etc.

Whenever you interact with Cooka.ch through our services, we collect and process your personal data. Cooka.ch may process your personal data for the following purposes:

1. Order Process

We process the personal data you provide when you place an order. This personal data is required to process and confirm your order. Since Cooka.ch is not a payment service provider, we do not collect payment data. The payment for the advertisement is made exclusively between the provider and Cooka.ch, not between the customer and Cooka.ch.

The data processed includes:

• Name
• Address data
• Contact details
• Order and transaction data
• Identity and/or age verification data (if required)

2. Customer Ratings after Order Completion

After your order, you will be asked to leave a rating for the provider. These ratings may be made publicly available.

The data processed may include:

• Name
• Contact details
• Rating

3. Customer Service and Support

If you contact our customer service, we use the data you provide to answer your question or address your complaint.

The data processed includes:

• Name
• Contact details
• Order and transaction data
• Content of the correspondence

4. Customer Accounts

Cooka.ch does not offer a registration option for customers (buyers). There is no order management on the platform, and no registration is required for buyers. Customers can directly contact the providers through the contact information provided on the offer page.

5. Customer Satisfaction and Research

To improve our services and conduct satisfaction surveys, we process the following personal data:

• Name
• Contact details
• Order and transaction data

6. Marketing

We also use your data for marketing purposes to offer you personalized deals.

The data processed includes:

• Name
• Contact details
• Order and transaction data
• Advertising preferences

Data Security and Retention

We take appropriate measures to protect your personal data from unauthorized access, loss, and misuse. Your personal data will only be retained as long as necessary to fulfill the purpose for which it was collected, or as required by law.

Processing by Third Parties and Partners

As part of our services, we may share personal data with partners who deliver the ordered products or perform other services related to your order. This includes:

• Providers who deliver the ordered products
• Marketing and market research companies

The partners we work with are also obligated to protect your data in accordance with applicable data protection laws.

Compliance with Legal Requirements

• Hygiene Standards: Each provider is required to comply with applicable hygiene regulations and ensure that the meals offered are prepared and served in a safe and hygienic manner.
• Document Upload: Providers are required to provide relevant documents such as hygiene certificates or confirmations of compliance with food regulations, at any time in case of an inspection by the health authority or a similar institution.
• Security Measures: Providers must ensure that their production environment complies with local safety standards and poses no risks to consumer health.
• Age-Restricted Items: Providers offering products with a legally required minimum age (e.g., alcoholic products) are solely responsible for ensuring that these are sold only to eligible customers. Cooka.ch takes no responsibility for age verification.
• Legal Liability: Providers are responsible for ensuring that no false information is made about the offered products, particularly regarding ingredients and allergens, and must indemnify Cooka.ch against related claims.
• Warnings and Legal Disputes: Providers must indemnify Cooka.ch from any claims arising from misconduct by the provider.
• Consumer Protection: Providers must confirm compliance with all product-safety regulations.

Right to Access, Correction, Deletion, and Objection

You have the right to request information about the personal data we process, as well as to request the correction, deletion, or restriction of the processing of this data. You may withdraw your consent at any time and may object to the processing of your personal data.

Contact

If you have any questions or concerns regarding your personal data or wish to exercise your rights under this Privacy Policy, you can contact us via our contact form or the contact details provided below.

Changes and Additions

This version of the Privacy Policy has been updated with the following adjustments:

• No Customer Account: There is no option for customers to register or manage orders on the platform.
• Direct Contact with Providers: Customers can directly contact the providers through their provided contact information.
• No Google or Facebook Login: Only direct registrations for providers are accepted.
• Provider Responsibility for Age Verification: Providers must ensure that age-restricted items are sold only to eligible customers.

I confirm that I have read, understood, and will comply with the Privacy Policy above.