Terms and Conditions

Last Updated on : May 5, 2023

The present 'General Terms and Conditions for Customers' are applicable to the relations between KOOKXTRA.com and the Customers. Chefs/Entrepreneurs are referred to the 'General Terms and Conditions for Chefs/Entrepreneurs'.

1. Definitions

Offer : the range of Items and services offered by the Chef/Entrepreneur that can be ordered by the Customer through the Platform.

Order : an order placed by the Customer with the Chef/Entrepreneur through the Platform as regards the Order selected by the Customer.

Customer : a natural person or legal entity placing an Order through the Platform.

Agreement : an agreement between the Customer and the Chef/Entrepreneur regarding an Order and the delivery or collection of the Order.

Platform : the website(s), apps, tools and other equipment of KOOKXTRA.com and its affiliated companies and business partners on which the Service is made available.

Chef/Entrepreneur : an independent person, entrepreneur, or a company that prepares and sells meals, beverages and related articles and uses the Platform for the establishment and payment of the Agreements.

Chef/Entrepreneur information : the information about the Chef/Entrepreneur about, among other things, his/her name, address, company and contact information, general information, Item range (meals, side dishes, options and beverages), prices for each individual Item (including VAT or excluding VAT), bank account number for transferring money after successful order placed by customer, kvk number, company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amounts.

Delivery partner information : the information about the delivery partner, among other things, his/her name, address, company and contact information, general information, prices (including VAT or excluding VAT), bank account number for transferring money after successful order placed by customer, kvk number, company logo, graphics, delivery area (including postal codes), delivery costs

Service : the commercial services and/or activities that are offered to the Customers, chefs/entrepreneurs and delivery partners by KOOKXTRA.com , including publication of the Offers, items and pictures of these offers, items, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Chef/Entrepreneur, delivery partners.

KOOKXTRA.com : KOOKXTRA.com Netherlands Operations is acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with KOOKXTRA company.

Tip : voluntary amount paid by a Customer intended for the delivery partner delivering the Order.

2. Identify of KOOKXTRA/KOOKXTRA.com

KOOKXTRA.com operating under the name of 'KOOKXTRA' and 'KOOKXTRA.NL': Address principal place of business: Antillenstraat 28 H, 1058HB, Amsterdam The Netherlands CoC/KVK: 88788695 VAT/BTW - NL864779379B01 Correspondence address: Antillenstraat 28 H, 1058HB, Amsterdam

Email: info@kookxtra.com Tel: 0619810943

(open from Monday to Wednesday from 10:00h - 22:00h, Thursday and Friday from 09:00h - 00:00h, and Saturday and Sunday from 10:00h to 00:00h)

3. Applicability

The present General Terms and Conditions for Customers/Chefs/Entrepreneurs and Delivery Partners are only applicable to the Services. KOOKXTRA.com is not responsible for the Offers or the items. As the case may be, the general terms and conditions of the Chef/Entrepreneur shall be applicable to the Offers and items in addition.
By placing an Order the Customer directly concludes an Agreement with the Chef/Entrepreneur for delivery of the order(s) and the Offer(s) selected by the Customer. The Customer is bound by the Order and will not be entitled to a refund except in case of cancellation allowed by the Chef/Entrepreneur pursuant to article 6 below.
By agreeing to these terms and conditions you as a customer or chef/entrepreneur or delivery partner are agreeing to the future updates/addition of this document by KOOKXTRA.

4. The Offer

KOOKXTRA.com publishes the Offers and items on behalf of the Chefs/Entrepreneurs on the Platform, in accordance with the Chef/Entrepreneur information supplied by the Chefs/Entrepreneurs. KOOKXTRA.com shall not accept any responsibility or liability for the contents of the Offers, items and the Chef/Entrepreneur information on the Platform. The Chef/Entrepreneur may use ingredients and additives of meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any food products, we advise to look at the item details or contact the Chef/Entrepreneur by telephone for current allergen information before placing an Order.
KOOKXTRA.com presents all Chef/Entrepreneur information in such a way that it is clear to the Customer what his/her rights and obligations are after having accepted the Offer.
KOOKXTRA.com shall not accept any liability for Platform availability.

5. The Agreement

The Agreement is effective as from the moment the Customer finalizes the Order by clicking the 'Continue to Payment' button during the process of placing an Order through the Platform.
After receipt of the Order, concerned chef/entrepreneur publishing the dish on KOOKXTRA.com will electronically confirm the Order to the Customer. By confirming as accepted of the order, the chef/entrepreneur also confirms the agreement to these terms and conditions. With this agreement of this order, the chef/entrepreneur is liable to fulfil the order placed by customer and also provide the food/dish as described on KOOKXTRA platform.
The Agreement can only be performed by the Chef/Entrepreneur if the Customer provides correct and complete contact and address details when placing the Order. In the case of a "Pickup" order, an address is not required. The Customer has the obligation to immediately report inaccuracies in payment details provided or stated to KOOKXTRA.com or the Chef/Entrepreneur. Similarly the chef/entrepreneur needs to provide the correct address and contact information for the pick up location incase of a delivery by KOOKXTRA or a Pick up order.( Details of types of orders are provided during chef/entrepreneur onboarding). If there is any issue in understanding of the KOOKXTRA processes, chef/entrepreneur should reach out to info@kookxtra.com or by visting the website.
With respect to information on the status of his Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Chef/Entrepreneur and KOOKXTRA.com.
If the Customer decides to have the Order delivered, the Customer must be present at the delivery address indicated by the Customer in order to take receive the Order items. A chef/entrepreneur also needs to be present at the address provided during chef/entrepreneur registration or during the acceptance of the order in order to provide the food/dish to either customer or KOOKXTRA delivery partner.
If KOOKXTRA.com delivery partner delivers the Order on behalf of the Chef/Entrepreneur, KOOKXTRA.com may charge the Customer delivery costs. The current delivery costs are stated on the Platform before a customer places an Order. A receipt for these delivery costs can be requested with KOOKXTRA.com. The KOOKXTRA delivery partner agrees to these terms and conditions when he/she assigns the order on the kookxtra app. It is his/her sole responsibility to ensure the delivery of the order to the right customer address. In case of failure, KOOKXTRA retains the right to charge the entire price of the order to the delivery partner ( maximum value may not exceed the price of the order) placed by customer.
If the Customer chooses to use Pickup and collect the Order, he/she must be present at the chosen time at the Chef/Entrepreneur's pick-up location, which is indicated in the confirmation email, text message or on the KOOKXTRA.com website.
Upon ordering as well as when delivering or collecting Orders containing alcoholic Items or other Items with an age limit, KOOKXTRA.com and the Chef/Entrepreneur will, pursuant to applicable laws and regulations, ask the Customer for identification. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the alcoholic Items of the Order will not be delivered, and KOOKXTRA.com and the Chef/Entrepreneur are also free to refuse the Order in its entirety. If the alcoholic Items are not delivered pursuant to this section, the Customer may be charged a cancellation fee, which cancellation fee will consist of at least the value of the alcoholic Items from the respective Order.
KOOKXTRA.com does not accept any liability relating to the execution of the Agreement.
After placing the Order, the Customer may, at its sole discretion, choose to Tip a courier via the available online payment methods. Tipping may not be available on a "Pick Up" order.
The Tip is intended for the couriers and cannot be considered as payment for services of KOOKXTRA.com. KOOKXTRA.com will thereby only act as a trustee and transferor of the Tip amounts.
KOOKXTRA.com will transfer the Tip to the couriers in case those are directly engaged via KOOKXTRA.com. In case a courier is not engaged via KOOKXTRA.com but directly by the Chef/Entrepreneur, KOOKXTRA.com transfers the Tip to the Chef/Entrepreneur and obliges the Chef/Entrepreneur to pay-out the Tip to the courier. KOOKXTRA.com cannot guarantee or be held responsible for the transfer of the Tip from the Chef/Entrepreneur to the courier.
After the Customer has received a confirmation of placing the Tip, the Tip cannot be refunded or returned.

Dissolution of the Agreement and cancellation of the Order

Considering the perishable nature of the Offer, the Customer shall not be entitled to dissolve the Agreement. Orders cannot be cancelled by the Customer with KOOKXTRA.com. Cancellation of the Order with the Chef/Entrepreneur is only possible by the Customer if the Chef/Entrepreneur explicitly indicates that Cancellation of the Order by the Customer is possible.
The Chef/Entrepreneur is entitled to cancel the Order, e.g., if the Offer or Item is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.
If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, KOOKXTRA.com shall be entitled to refuse any future Orders from such Customer.
KOOKXTRA.com is entitled to refuse Orders and cancel Agreements on behalf of the Chef/Entrepreneur, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, KOOKXTRA.com may report this to the police.

7. Payment

At the moment the Agreement is concluded in accordance with the provisions of article 5.1 of these General Terms and Conditions for Customers, Customer is obliged to pay the Chef/Entrepreneur for the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform or by payment to the Chef/Entrepreneur at the door or at the collection location.
Subject to the provisions of article 6 of these General Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.
The Chef/Entrepreneur has authorized KOOKXTRA.com to accept the Customer's online payment on behalf of the Chef/Entrepreneur.
KOOKXTRA.com is entitled to refuse Orders and cancel Agreements on behalf of the Chef/Entrepreneur, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, KOOKXTRA.com may report this to the police.

8. Complaints settlement

Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with for receipt by the Chef/Entrepreneur. The sole responsibility for the Offer of the Chef/Entrepreneur and the performance of the Agreement lies with the Chef/Entrepreneur. KOOKXTRA.com may only assume a mediating role.
If the Customer has a complaint as regards the Service, the complaint is to be communicated by means of the contact form, by email or ordinary mail to the KOOKXTRA.com customer service, at the contact address as indicated in article 2 of the present General Terms and Conditions for Customers.
Once the complaint has been received by KOOKXTRA.com, the latter shall react as soon as possible, but not later than within one week, with a confirmation of receipt. KOOKXTRA.com aims to handle the complaint as soon as possible, but not later than within two weeks.
Complaints as described in sections 1 and 2 of this article must be filed promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Chef/Entrepreneur (section 1) or KOOKXTRA.com (section 2).
The European Commission manages an ODR platform. This platform can be found on http://ec.europa.eu/odr. KOOKXTRA.com explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of KOOKXTRA.com is info@kookxtra.com.

9. Offers or Coupons related marketing e-mails

When placing the Order, the Customer will also subscribe to the marketing e-mails related to offers, deals. The Customer can unsubscribe from this by sending an e-mail or contacting the customer service via the help link on their profile page through KOOKXTRA platform or contact via - email - info@kookxtra.com or by visiting website.

10. Inspection and correction of stored personal data

KOOKXTRA.com shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.

11. Copyright policy

The contents, app and website design, images, texts used on kookxtra app and website are the property of kookxtra and it's subsidiaries and partners. Hence they are copyright protected.Any user(s) of kookxtra copying or imitating or creating a similar theme, words, texts, images, website and app designs and contents is/are subject to legal proceedings by Dutch law with a complain of any of the kookxtra representative. The user (He/she)/users will be legally responsible for the damages to kookxtra, it's subsidiaries and it's partners according to Dutch law.

Any user(s) downloading the kookxtra app or website with the intent of copying ideas, theme, content or design can be removed as a user from kookxtra app or website without any prior notice and a legal proceeding against that user/users may follow as per Dutch law if found enough evidence of the intent of copying.

Any user(s) downloading the kookxtra app or website with the intent of spamming/defaming kookxtra app or website can be removed as a user from kookxtra app or website without any prior notice and a legal proceeding against that user/users may follow as per Dutch law if found enough evidence of the intent of damaging to the name and business of kookxtra it's subsidiaries and it's partners.

12. Miscellaneous Policy

Any user(s) downloading the kookxtra app or website is required to maintain confidentiality and not disclose the confidential information including but not limited to such as kookxtra charges, delivery process, and other features ( delivery, chef/entrepreneur dashboards etc.) . Failing of which may result in legal consequences and financial penalties.

Any user(s) downloading the kookxtra app or website is required to let kookxtra team know regarding the issues they may have faced or facing while using the app. We kindly request you to be respectful to our associates, chefs/entrepreneurs and delivery partners. Any defamation language or abusive behaviour towards these above mentioned stakeholders will be addressed as per governing law in the country of service.

13. Obligations of the Chef/Entrepreneur

The Chef/Entrepreneur:

(a). Authorizes KOOKXTRA to conclude Agreements on behalf of the Chef/Entrepreneur;

(b). Will provide the Chef/Entrepreneur Information to KOOKXTRA.

(c). Is responsible for the completeness and accuracy of the Chef/Entrepreneur Information, which for the avoidance of doubt includes all required food information such as information about allergens.

(d). Will provide additional information related to the Chef/Entrepreneur or the products of the Chef/Entrepreneur to KOOKXTRA upon KOOKXTRA's first request.

(e). Will communicate changes to the Chef/Entrepreneur Information to KOOKXTRA 7 business days before they take effect so that:
- KOOKXTRA can process the amended the Chef/Entrepreneur Information as displayed on the Platform; or
- The Chef/Entrepreneur itself can amend certain Chef/Entrepreneur Information if the Chef/Entrepreneur is authorized for that purpose by KOOKXTRA.
(f). gives KOOKXTRA permission to use and process the Chef/Entrepreneur Information, for example for marketing campaigns, databases, partner platforms or search engines, and will grant KOOKXTRA the right to grant third parties the same rights with respect to the Chef/Entrepreneur Information.

(g). gives KOOKXTRA permission to offer additional services and to charge fees in relation thereto to the Chef/Entrepreneur, whereby KOOKXTRA will inform the Chef/Entrepreneur in advance about offered additional services.

(h).will immediately inform KOOKXTRA if any food inspection authority or any other authority investigates or establishes an offence by the Chef/Entrepreneur or its employees under the applicable food legislation or any other legislation or regulations.
- Applies the Same Price Obligation. If the Chef/Entrepreneur breaches the Same Price Obligation, the price difference between the price as listed on the Platform and the price charged outside the Platform is:
  - Billed to the Chef/Entrepreneur by KOOKXTRA; and or
  - Reimbursed by KOOKXTRA to the Customer by providing a voucher.
The Chef/Entrepreneur will adjust the prices on the Platform to those on its own website and menu, including discounts. KOOKXTRA may also adjust the prices on the Platform to those on the Chef/Entrepreneur website and menu, including discounts.

(i). will not include any links on the Platform to third party websites outside the Platform, will not place any advertisements on the Platform and will not use SEPA and/or similar services using brands and/or tradenames of KOOKXTRA without explicit consent from KOOKXTRA;

(j).will treat KOOKXTRA employees and suppliers with respect and decency; and

(k). accepts the offset by KOOKXTRA of amounts collected from the Customers that are owed to the Chef/Entrepreneur with any amounts owed by the Chef/Entrepreneur to KOOKXTRA for the Service, as well as for the Payment Services, provided that all amounts have reached their maturity

(l). registers a maximum of one Chef/Entrepreneur on the Platform per address

(m). registers a maximum of one Chef/Entrepreneur per physically separated (operational) kitchen; and

(n). ensures reachability via email and telephone during the opening hours of the Chef/Entrepreneur.

(o).Chef/Entrepreneur is responsible for the all the tax payment and declaration to the Tax department in terms of example not limited to income, Sales tax (VAT/BTW) etc.

14. Guarantees and indemnities of the Chef/Entrepreneur

The Chef/Entrepreneur:

(a). guarantees it complies with all applicable laws and regulations.

(b). guarantees that the meals, beverages and other products that are supplied to the Customer are suitable for consumption and satisfy the (information) requirements of the applicable food legislation and related legislation and regulations;

(c). guarantees that it immediately informs KOOKXTRA in case of any changes in the composition, ingredients and additives that could cause allergies and intolerances;

(d). guarantees that it has all the required licences for the operation of the Chef/Entrepreneur and the Agreement;

(e). guarantees that when entering into these Conditions it is not bankrupt, that no moratorium of payments has been granted and that it or its employees are not subject to investigation or prosecution by any authority;

(f). guarantees that the Chef/Entrepreneur Information can be used and processed freely in accordance with these Conditions by KOOKXTRA without infringing intellectual property rights or other rights of third parties;

(g). guarantees that Agreements are complied with in accordance with the Chef/Entrepreneur Information (including food information) as displayed on the Platform;

(h). indemnifies KOOKXTRA for any third party claims based on an infringement of the warranties in subparagraphs (a) to (f), including for related reasonable costs of defense incurred by KOOKXTRA, unless the Chef/Entrepreneur is not responsible for the infringement;

(i). indemnifies KOOKXTRA for Customer claims related to the performance of the Agreement by the Chef/Entrepreneur, its agents or employees including for related reasonable costs of defense incurred by KOOKXTRA to the extent that such claims are based on a breach of this Agreement by the Chef/Entrepreneur its agents or employees, unless the Chef/Entrepreneur is not responsible for the breach of contract.

(j). Chef/Entrepreneur guarantees that he/she will protect KOOKXTRA information including but not limited to IP, software, and its contents (orders, values, delivery partners information, customer information, chef/entrepreneur information etc.) and will not reveal with any other third party without KOOKXTRA’s authorities written consent. Finally Chef/Entrepreneur will not be able to approach for work or offer work or employment to KOOKXTRA employees or contractors without getting prior consent from KOOKXTRA’s authorities

15. Conclusion, delivery and cancellation of Agreements

An Agreement will be concluded if a customer has accepted an offer from the Chef/Entrepreneur by placing an Order through the Platform. The Chef/Entrepreneur is solely responsible for compliance and performance in accordance with each Agreement. The Customer is solely responsible to the Chef/Entrepreneur for the debt under the Agreement. KOOKXTRA is only responsible, if applicable, for the Payment Services.
KOOKXTRA will pass on Orders via the Platform to the Chef/Entrepreneur as soon as possible. The Chef/Entrepreneur ensures accessibility for the receipt of Orders via one of the Connection Method. KOOKXTRA may change the available Connection methods at its own discretion upon prior notification.
If an Order is not available for pick-up or cannot be delivered by the Chef/Entrepreneur, the Chef/Entrepreneur will inform the Customer within ten (10) minutes after receiving an Order and offer the Customer a reasonable alternative to the Order.
KOOKXTRA is not responsible for the accuracy and completeness of Orders placed by the Customers. The Chef/Entrepreneur may review each Order with the Customer by calling the Customer at the phone number listed in the Customer's Order.

(a). The Chef/Entrepreneur make the Order available for pick-up or will deliver the Order to the Customer, in accordance with any delivery terms and conditions of the Chef/Entrepreneur.
The Chef/Entrepreneur may determine that safe and hygienic packaging of the Order requires a plastic instead of paper bag. No additional costs may be charged to the Customer for the use of this plastic bag, unless applicable laws and regulations state otherwise. Plastic bags may only be used if strictly necessary.
The Chef/Entrepreneur shall not use the Platform for sale of products of which sale is considered as illegal (whether or not via the Internet).
If an Order contains alcoholic products or other products that are subject to a legal age limit, the Chef/Entrepreneur is obliged to request the Customer to provide identification in accordance with applicable law upon delivery or pick-up. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Chef/Entrepreneur will refuse to deliver the relevant products to the Customer.
If the Chef/Entrepreneur delivers the Order to the Customer by using the services of a third party, the Chef/Entrepreneur is responsible for the delivery and the cost of delivery. The Chef/Entrepreneur will indemnify KOOKXTRA for claims by third parties in connection with the delivery and the costs involved.
The Chef/Entrepreneur can cancel the Order if:

(a). the Customer has placed an order with incorrect contact or address information;

(b). the Offer is no longer available and the Customer does not accept an alternative to the Order offered by the Chef/Entrepreneur; or

(c). in case of force majeure at the Chef/Entrepreneur.
KOOKXTRA can cancel the Order if the Order appears to be false or when there is a suspicion of illegal activities.
If an Order is cancelled under article 29, the Chef/Entrepreneur will notify KOOKXTRA thereof within two (2) days. Cancellations will not be taken into consideration after this period.
KOOKXTRA is not liable (i) for cancellations by Customers or for any damages resulting therefrom, and (ii) for Customers who do not meet their financial obligations towards the Chef/Entrepreneur.
KOOKXTRA points out that the Customer may be entitled to a right of withdrawal when ordering certain products. KOOKXTRA will inform the Customer about this and accept any withdrawal orders for the Chef/Entrepreneur and forward them to the Chef/Entrepreneur. The Chef/Entrepreneur is solely responsible for processing the revoked agreement. Any costs associated with the revocation of a Customer will be borne solely by the Chef/Entrepreneur.
A Customer can choose to tip a courier via the available online payment methods.
If the courier is engaged by the Chef/Entrepreneur, KOOKXTRA will transfer the Tip to the Chef/Entrepreneur. The Chef/Entrepreneur must pay the Tip to the courier.
The Chef/Entrepreneur is solely responsible for any (wage) tax implications of the payment of the Tip to the courier.

16. Termination, Suspension & Platform Protection Policy

KOOKXTRA grants access to the Platform and Services for an indefinite period from the date of acceptance of the registration of the Chef/Entrepreneur by KOOKXTRA.
Either Party may terminate the Service in writing subject to a notice period of one (1) month. The Chef/Entrepreneur may terminate the Service only if all payment obligations, subscription dues, operational charges, penalties, reimbursements, and any other financial obligations towards KOOKXTRA have been fully satisfied.
KOOKXTRA reserves the right to perform operational reviews, compliance assessments, KYC verification, fraud prevention checks, accounting verification, reconciliation reviews, tax verification, customer protection reviews, and platform integrity assessments at any time during the use of the Platform.
KOOKXTRA reserves the right to temporarily suspend, restrict, deactivate, freeze payouts, freeze services, limit platform access, or terminate the Service immediately without prior notice if:

(a). the Chef/Entrepreneur breaches any provision of these Terms, Policies, Agreements, or Platform Rules;

(b). the Chef/Entrepreneur acts in a manner that negatively impacts or may negatively impact the reputation, goodwill, integrity, operations, compliance standing, employees, customers, suppliers, partners, contractors, investors, or business interests of KOOKXTRA;

(c). the Chef/Entrepreneur engages in abusive, threatening, defamatory, misleading, harassing, fraudulent, unethical, discriminatory, or inappropriate conduct toward KOOKXTRA employees, representatives, customers, suppliers, delivery partners, contractors, or associated stakeholders;

(d). the Chef/Entrepreneur threatens or attempts direct or indirect contact with customers outside the Platform process;

(e). the Chef/Entrepreneur attempts to misuse, disclose, copy, leak, transfer, retain, export, distribute, or misuse customer data, supplier data, operational data, platform information, delivery information, pricing structures, software logic, internal calculations, or confidential information;

(f). the Chef/Entrepreneur attempts to bypass the Platform for direct customer acquisition, solicitation, marketing, or off-platform transactions;

(g). the Chef/Entrepreneur publishes, promotes, or distributes false, misleading, defamatory, or reputationally damaging statements regarding KOOKXTRA, its employees, operations, systems, accounting practices, software, partners, customers, or suppliers;

(h). operational, accounting, fraud-prevention, customer protection, delivery, reconciliation, compliance, or tax reviews require temporary suspension pending verification;

(i). the Chef/Entrepreneur fails to maintain valid KVK registration, BTW/VAT registration, licenses, permits, insurance, NVWA compliance, food safety compliance, or any other regulatory obligations required under Dutch law;

(j). the Chef/Entrepreneur repeatedly creates operational disputes, payment threats, public escalation campaigns, social media attacks, reputational attacks, or attempts to pressure the Platform through customer interference, reviews, public statements, or community groups.

(k). KOOKXTRA shall have the right to perform client due diligence and sanctions screening checks on the Chef/Entrepreneur and its owners at any time. If the Chef/Entrepreneur and/or its owner is present on any sanctions list, restricted persons list, fraud prevention database, or if KOOKXTRA reasonably concludes based on compliance, due diligence, operational risk, fraud prevention, financial review, or regulatory assessment that the Services cannot continue safely or compliantly, KOOKXTRA reserves the right to immediately suspend or terminate the Service, freeze payouts, restrict access, or deactivate the account without prior notice.
KOOKXTRA reserves the right to temporarily hold, reconcile, review, audit, adjust, or delay payouts where:

(a). manual reconciliation is required;

(b). operational exceptions fall outside the default automated calculation parameters of the Platform;

(c). long-distance self-delivery calculations require manual review;

(d). customer complaints, refund investigations, delivery disputes, operational discrepancies, or accounting discrepancies exist;

(e). outstanding subscription dues or financial obligations remain unpaid;

(f). fraud prevention, tax compliance, or operational verification checks are pending;

(g). internal accounting review is required before payout processing.
Under the normal operational flow of the Platform, self-delivery by Chefs/Entrepreneurs is generally limited to the configured local delivery radius available on the Platform. Deliveries beyond such configured operational radius may require:

(a). manual operational approval;

(b). manual reconciliation;

(c). additional accounting review;

(d). operational adjustments;

(e). tax verification;

(f). customized delivery calculations;

(g). or internal verification prior to payout processing.
KOOKXTRA reserves the right to immediately terminate the Service if the Chef/Entrepreneur:

(a). breaches these Terms, Policies, or Agreements;

(b). provides incomplete, misleading, false, fraudulent, or outdated information;

(c). violates customer data protection obligations or GDPR-related requirements;

(d). repeatedly damages the reputation or operational integrity of the Platform;

(e). repeatedly threatens employees, suppliers, customers, delivery partners, or representatives of KOOKXTRA;

(f). engages in customer diversion or off-platform solicitation;

(g). uses the Platform in bad faith or in a manner harmful to KOOKXTRA's operations, customers, suppliers, or reputation.
The Chef/Entrepreneur acknowledges and agrees that:

(a). KOOKXTRA acts solely as a technology platform and intermediary service provider;

(b). operational, accounting, reconciliation, tax, fraud-prevention, and compliance reviews may require manual intervention;

(c). payout timelines may vary in exceptional operational cases;

(d). platform calculations may occasionally require correction, adjustment, reconciliation, or verification before final settlement;

(e). all applicable taxes, declarations, registrations, licenses, permits, and regulatory obligations remain the sole responsibility of the Chef/Entrepreneur.
The obligations relating to confidentiality, customer protection, non-solicitation, platform integrity, reputational protection, financial liability, indemnification, GDPR compliance, tax obligations, and operational compliance shall survive suspension, termination, restriction, or deactivation of the account indefinitely.

17. Registration of the Delivery Partner

The Delivery Partner will register with KOOKXTRA by submitting a completed registration form to KOOKXTRA including all documents and KYC information. An agreement for the provision of Services is concluded when KOOKXTRA confirms the receipt and approval of KYC-information and the Chef/Entrepreneur registration.
KOOKXTRA can refuse a request for the registration of a Delivery partner for any reason.
After acceptance and processing of a registration, KOOKXTRA will approve Delivery partner profile, thereby allowing access the Delivery partner portal and kookxtra mobile app.
Delivery partner data processed by KOOKXTRA is considered data connected to the Chef/Entrepreneur and is not considered to be personal data as described in the General Data Protection Regulation. For data related queries kindly refer to our privacy policy for more details.
By accepting KOOKXTRA terms and conditions delivery partner is giving consent to KOOKXTRA that he/she can accept orders for delivery and provides his/her services to KOOKXTRA as a Freelancer ( Not an employee of KOOKXTRA )
Delivery partner guarantees that all information/data have been provided are accurate to KOOKXTRA while applying to be a delivery partner.
Delivery partner indemnifies KOOKXTRA from any liability including but not limited to personal, accidental or third-party during a delivery of the order.
Delivery partner guarantees that during the delivery of KOOKXTRA orders, he is insured from third-party liability, accidental and personal liability.
Delivery partner guarantees that he/she is responsible for the individual tax contribution to the tax department including but not limited to ( income tax, BTW/VAT etc.)
KOOKXTRA makes the payment upon receiving the invoice from Delivery partner. However it is delivery partner’s responsibility to pay the required and applicable taxes.
Delivery partner indemnifies KOOKXTRA in case he/she has run into issues with local/national/international law enforcement while delivering orders for KOOKXTRA. However it is his/her responsibility to inform KOOKXTRA authority immediately regarding the issue.
Delivery partner may reach out to KOOKXTRA asking for 33% of the contribution of his/her monthly insurance fee of the vehicle (Maximum allowed amount up to €50). KOOKXTRA reserves the right to approve or decline this amount to be paid to delivery partner
KOOKXTRA does not provide vehicle to delivery partner for deliveringthe 1orders. It is Delivery partner’s responsibility to arrange a vehicle to deliver the orders. As Delivery partners are freelancers, KOOKXTRA is only liable to pay the agreed wages( hourly or per order wage) of their ( delivery partners ) services along with the consumed fuel required for the assigned orders against the delivery partners ( electricity consumption in case of electric cars, Benzene, natural gas or diesel)
By agreeing to be a delivery partner and accepting to receive orders from KOOKXTRA, delivery partner guarantees the delivery of the assigned order (without damage ) to the customer on time or within 20 minutes of delivery time promised. A delay in delivery time or damaged order may result in penalty of the entire order value or termination of this freelancer agreement depending on the circumstances (solely at the discretion of KOOKXTRA authority )
Finally by agreeing to work with KOOKXTRA, delivery partner guarantees that, his/her location tracking can be done during an active order delivery ( while he/she is working for order deliveries for KOOKXTRA and during the agreed working/delivery hours)
Delivery partner guarantees that he/she is reachable by phone during the active working hours ( During agreed working/delivery hours for KOOKXTRA orders)
Delivery partner guarantees that he/she will protect KOOKXTRA information including but not limited to IP, software, and its contents ( orders, values, customer information, chef/entrepreneur information etc.) and will not reveal with any other third party without KOOKXTRA’s authorities written consent.
KOOKXTRA can immediately terminate the Service if the Delivery partner

(a). breaches the provisions of the Conditions

(b).provides incorrect or incomplete information in the course of the registration or fails to adequately update such information.

(c).(repeatedly) receives negative reviews by Customers; or (repeatedly) places reviews of its own delivery on the Platform.

(d). Or fail to oblige the traffic law by law enforcement ( repeat offenders will be terminated )