Terms and Conditions
- THESE TERMS AND CONDITIONS ARE EFFECTIVE FROM 8 JUNE 2017.
- By accessing or using the Chef Daniel Pty Ltd website, the Chef Daniel Pty Ltd service, or any applications (including mobile applications) made available by Chef Daniel Pty Ltd (together and hereafter referred to as the “Service”), however accessed, you agree to be bound by these Terms and Conditions (“Terms and Conditions “). The Service is owned or controlled by Chef Daniel Pty Ltd ACN 616169683, (“Chef Daniel Pty Ltd”). THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICE.
- You must be at least 13 years old to use the Service.
- Any information or content that you voluntarily disclose for posting to the Service, such as User Content, is subject to approval by Chef Daniel Pty Ltd.
- You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Chef Daniel Pty Ltd prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Chef Daniel Pty Ltd upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Chef Daniel Pty Ltd users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You must not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, recipies, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Chef Daniel Pty Ltd.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Chef Daniel Pty Ltd users.
- You must not use domain names or web URLs in your username without prior written consent from Chef Daniel Pty Ltd.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Chef Daniel Pty Ltd page is rendered or displayed in a user’s browser or device.
- You must comply with Chef Daniel Pty Ltd’s Community Guidelines, available at http://www.chefdaniel.com.au/guidelines
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms and Conditions or any other Chef Daniel Pty Ltd terms.
- Violation of these Terms and Conditions may, in Chef Daniel Pty Ltd’s sole discretion, result in termination of your Chef Daniel Pty Ltd account. You understand and agree that Chef Daniel Pty Ltd cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for Chef Daniel Pty Ltd, we can stop providing all or part of the Service to you.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Chef Daniel Pty Ltd account by logging into your account and deactivating. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, recipies, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
- Upon termination, all licenses and other rights granted to you in these Terms and Conditions will immediately cease.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms and Conditions.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Chef Daniel Pty Ltd is not responsible or liable for the conduct of any user. Chef Daniel Pty Ltd reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Chef Daniel Pty Ltd does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Chef Daniel Pty Ltd is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Chef Daniel Pty Ltd has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Chef Daniel Pty Ltd Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, recipes and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Chef Daniel Pty Ltd’s express consent).
- Chef Daniel Pty Ltd does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Chef Daniel Pty Ltd a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Terms specified in these Terms and Conditions.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Chef Daniel Pty Ltd may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions ; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
- Although it is Chef Daniel Pty Ltd’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Chef Daniel Pty Ltd reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Chef Daniel Pty Ltd, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Chef Daniel Pty Ltd encourages you to maintain your own backup of your Content. In other words, Chef Daniel Pty Ltd is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Chef Daniel Pty Ltd will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- You agree that Chef Daniel Pty Ltd is not responsible for, and does not endorse, Content posted within the Service. Chef Daniel Pty Ltd does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.
- Except as otherwise described in the Service’s Privacy Terms in these Terms and Conditions, as between you and Chef Daniel Pty Ltd, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Chef Daniel Pty Ltd is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Chef Daniel Pty Ltd in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Chef Daniel Pty Ltd, and Chef Daniel Pty Ltd will not be liable for any use or disclosure of any Content you provide.
- It is Chef Daniel Pty Ltd’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Chef Daniel Pty Ltd does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Chef Daniel Pty Ltd is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- We will not rent or sell your information to third parties outside Chef Daniel Pty Ltd (or the group of companies of which Chef Daniel Pty Ltd is a part) without your consent, except as noted in these Terms and Conditions.
- Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
- Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use by Chef Daniel Pty Ltd.
- If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the Chef Daniel Pty Ltd have copied or saved that information.
- We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Chef Daniel Pty Ltd is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your Content.
- We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
- We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
Copyright and Other Intellectual Property Violations
- THE SERVICE IS COPYRIGHT. APART FROM ANY USE PERMITTED UNDER THE COPYRIGHTACT 1968 (COMMONWEALTH – AUSTRALIA), NO PART MAY BE REPRODUCED BY ANY PROCESS, NOR MAY ANY OTHER EXCLUSIVE RIGHT BE EXERCISED, WITHOUT THE WRITTEN PERMISSION OF CHEF DANIEL PTY LTD.
- The Service contains content owned or licensed by Chef Daniel Pty Ltd (“Chef Daniel Pty Ltd Content”). Chef Daniel Pty Ltd Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Chef Daniel Pty Ltd, Chef Daniel Pty Ltd owns and retains all rights in the Chef Daniel Pty Ltd Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Chef Daniel Pty Ltd Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Chef Daniel Pty Ltd Content.
- The Chef Daniel Pty Ltd name and logo are trademarks of Chef Daniel Pty Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Chef Daniel Pty Ltd. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Chef Daniel Pty Ltd, and may not be copied, imitated or used, in whole or in part, without prior written permission from Chef Daniel Pty Ltd.
- You may download and view content or print a copy of material which you access through the Service for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these Terms and Conditions are reserved by Chef Daniel Pty Ltd. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you access through this Application without the copyright or trademark owner’s permission.
- We respect other people’s rights, and expect you to do the same.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
- THE SERVICE, INCLUDING, WITHOUT LIMITATION, CHEF DANIEL PTY LTD CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CHEF DANIEL PTY LTD NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “CHEF DANIEL PTY LTD PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CHEF DANIEL PTY LTD CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CHEF DANIEL PTY LTD OR VIA THE SERVICE. IN ADDITION, THE CHEF DANIEL PTY LTD PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
- THE CHEF DANIEL PTY LTD PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CHEF DANIEL PTY LTD PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CHEF DANIEL PTY LTD PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CHEF DANIEL PTY LTD PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
- BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
- THE CHEF DANIEL PTY LTD PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
- SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF THESE WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS. TO THE EXTENT THAT ANY TERM(S) DOES SO RESTRICT, LIMIT AND/OR INFRINGE SUCH RIGHTS GRANTED BY LAW OF THAT RELEVANT JURISDICTION, IT IS SEVERABLE FROM THESE TERMS AND CONDITIONS TO THE EXTENT OF THE INCONSISTENCY.
Limitation of Liability; Waiver
- UNDER NO CIRCUMSTANCES WILL THE CHEF DANIEL PTY LTD PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CHEF DANIEL PTY LTD CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CHEF DANIEL PTY LTD PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CHEF DANIEL PTY LTD PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE CHEF DANIEL PTY LTD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CHEF DANIEL PTY LTD PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED AUSTRALIAN DOLLARS ($100.00).
- YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CHEF DANIEL PTY LTD’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CHEF DANIEL PTY LTD PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CHEF DANIEL PTY LTD PARTIES.
- BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
- CHEF DANIEL PTY LTD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, BUT ALLOWS A LIMITATION OF A CERTAIN MAXIMUM EXTENT THEN OUR LIABILITY IS LIMITED TO THAT EXTENT. TO THE EXTENT THAT ANY TERM(S) DOES SO RESTRICT, LIMIT AND/OR INFRINGE SUCH RIGHTS GRANTED BY LAW OF THAT RELEVANT JURISDICTION, IT IS SEVERABLE FROM THESE TERMS AND CONDITIONS TO THE EXTENT OF THE INCONSISTENCY.
- You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Chef Daniel Pty Ltd’s request), indemnify and hold the Chef Daniel Pty Ltd Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms and Conditions ; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Chef Daniel Pty Ltd in the defence of any claim. Chef Daniel Pty Ltd reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Chef Daniel Pty Ltd.
- You agree that any and all disputes, controversies and/or claims between you and Chef Daniel Pty Ltd (whether or not such dispute involves a third party) including without limitation disputes related to and/or in connection with these Terms and Conditions (including any question regarding their existence, validity or termination), as well as your use of the Service, and/or rights of privacy and/or publicity, shall be resolved by binding, individual arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English (Australian). The number of arbitrator(s) shall be one. This dispute resolution provision will be governed by the International Arbitration Act 1974 (Commonwealth – Australia).
- Neither you nor Chef Daniel Pty Ltd will participate in a class action or class-wide arbitration for any claims covered by this agreement.
- If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Chef Daniel Pty Ltd.
Time Limitation on Claims
- You agree that any claim you may have arising out of or related to your relationship with Chef Daniel Pty Ltd must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- These Terms and Conditions are governed by and construed under the Laws of New South Wales, Australia. THESE TERMS AND CONDITIONS WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
- If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. Chef Daniel Pty Ltd’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Chef Daniel Pty Ltd reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Chef Daniel Pty Ltd.
- If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity as their authorised agent.
- These Terms and Conditions constitute the entire agreement between you and Chef Daniel Pty Ltd and governs your use of the Service, superseding any prior agreements between you and Chef Daniel Pty Ltd. You will not assign the Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Chef Daniel Pty Ltd. Any purported assignment or delegation by you without the appropriate prior written consent of Chef Daniel Pty Ltd will be null and void. Chef Daniel Pty Ltd may assign these Terms and Conditions or any rights hereunder without your consent. These Terms and Conditions do not confer any third-party beneficiary rights.
- If any provision of these Terms and Conditions is held to be invalid or unenforceable, such invalidity or unenforceability will not affect the enforceability of any other provision of these Terms and Conditions, and the parties nevertheless agree that such portion will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms and Conditions remain in full force and effect.
- The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Chef Daniel Pty Ltd to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Chef Daniel Pty Ltd provides.
- The effective date of these Terms and Conditions is 8 June 2017. These Terms and Conditions were written in English (Australian). To the extent any translated version of these Terms and Conditions conflicts with the English version, the English version controls.
- We reserve the right, in our sole discretion, to change these Terms and Conditions (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms and Conditions will govern any disputes arising before the effective date of the Updated Terms.
- Neither the course of conduct between the parties nor trade practice will act to modify the Terms and Conditions.
Good faith and Prior Legal Advice
- You acknowledge that you have entered into these Terms and Conditions in good faith, without any duress or undue influence. You understand your respective right to seek independent legal advice regarding this agreement, and you have had the opportunity to obtain such advice prior to agreeing to same.
- The following definitions apply to the terms in these Terms and Conditions:
- Claims means claims, actions, applications, demands, suits or proceedings for damages, debt, restitution, equitable compensation, account, injunction, specific performance or any other remedy, whether known or unknown at the date of these Terms and Conditions, whether presently in the contemplation of the parties or not, whether arising at common law, in equity, under statute or otherwise and including, without limitation, any loss, cost, expense or payment incurred.
- Conduct includes, but is not limited to, delay in the exercise of a right.
- Right means any right arising under or in connection with these Terms and Conditions and includes the right to rely on these clauses.
- Waiver includes, but is not limited to, an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
- In these Terms and Conditions:
- The singular includes the plural and the plural includes the singular.
- Other parts of speech and grammatical forms of a word or phrase defined in these Terms and Conditions have a corresponding meaning.
- An expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any Government Agency as well as an individual.
- A reference to a clause, party, schedule, attachment or exhibit is a reference to a clause of, and a party, schedule, attachment or exhibit to, these Terms and Conditions and a reference to these Terms and Conditions includes any schedule, attachment and exhibit.
- A reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them.
- A reference to a document includes all amendments or supplements to, or replacements or novation of, that document.
- A reference to a party to a document includes that party’s successors and permitted assignees.
- A promise on the part of 2 or more persons binds them jointly and severally.
- A reference to an agreement other than these Terms and Conditions includes any legally enforceable undertaking, agreement, arrangement or understanding, whether or not in writing.
- No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of these Terms and Conditions or that provision.
- A reference to a body, other than a party to these Terms and Conditions (including an institute, association or authority), whether statutory or not:
- which ceases to exist; or
- whose powers or functions are transferred to another body,is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
- Specifying anything in these Terms and Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.