The Chef & The Dish, Terms and Conditions
￼Last Updated: March 15, 2016
Please note We may change these Terms at any time in Our sole discretion by posting an updated version of these Terms on the Website. When changes to these Terms are made, We will update the “Last Updated” date at the top of these Terms. Any changes to these Terms will be effective immediately, and Your continued use of the Services following such changes will constitute Your agreement to these Terms as amended. You are obligated to regularly check this Website to view the then current Terms.
1. Our Services
Our Services enable students (“Students”) to connect with independent contractor instructors (the “Instructors”) who provide live and recorded video instruction in the area of the food preparation and the culinary arts. Students and Instructors are collectively referred to as “Users”.
You acknowledge that We reserve the right, in Our sole discretion, to modify or discontinue Our Website and/or Service, or any part thereof, with or without notice at any time and for any reason, and We will not be responsible or liable in such event. If You do not comply with these Terms, We have the right in Our sole discretion to block or terminate Your access to the Website and/or Service without any notice or liability to You or any third party.
You acknowledge that participation in courses offered through Our Services do not confer any academic credit or designation.
2. Conditions of Use
We provide You with access to Our Services subject to Your agreement with following terms and conditions:
a. Age and Authority
Our Services are only available to, and may only be used by, individuals who are at least 18 years of age and who can form legally binding contracts under applicable law. Individuals under the age of 18 must use Our Services under the supervision of an adult parent or legal guardian. In all such cases, the adult is the User and is responsible under these Terms. If You are using Our Services on behalf of a corporate entity, You represent and warrant that You have the authority to bind that entity. By using Our Services You represent and warrant that You have right to enter into these Terms and allow Us to perform the Services and You are not barred from using Our Services under the laws of the jurisdiction in which You are located.
b. Registration and Account
Our Services are only available to Users who create an account with Us by providing requested information (“Registration Data”). You agree to: (i) provide true, current and complete Registration Data and maintain and promptly update the Registration Date to keep it true, current and complete. You agree to immediately notify Us if You suspect there has been any unauthorized use of Your account. You are responsible for all activities that occur under Your account and therefore You must not share Your account data with anyone. To the extent permissible under applicable law, We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your account, either with or without Your knowledge.
You are responsible for all fees, costs and applicable taxes associated with using Our Services. By using Our Services, You agree to pay Our then current applicable fees listed on the Website within 14 days in accordance with Our applicable payment and refund policies. We reserve the right change any fees at any time in Our sole discretion. Unless otherwise stated, all payments and fees are in USD, are not refundable and are exclusive of applicable taxes. We will not be responsible for any currency exchanges and/or exchange settlements that may be required in Your region.
If You provide credit card, PayPal or other means of payment information, then You represent and warrant that You are authorized to supply such information and hereby authorize Us to charge Your credit card, PayPal or other means of payment on a regular basis to pay Our fees as they are due. If Your payment method fails or Your account is past due, then We may collect fees owed using all collection mechanisms, including charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any of Our Services until all amounts outstanding are paid.
d. Necessary Equipment and Ingredients
You are solely responsible for obtaining and maintaining all equipment and tools necessary to access and use Our Services, and must pay all third party fees associated with Your use of the Services. As Our Services allow You to participate in video conferences over the Internet, You are solely responsible for obtaining and maintaining the necessary hardware/software and internet/telecommunication service to connect to Our Website and to participate in a high definition video conference over the Internet (including but not limited to, sufficient Internet data plans, web cameras, speakers and computer processing systems). You are responsible for checking with Your provider(s) to determine whether there are any such fees that may apply to You. In no event will We reimburse You for delays, interruptions or failures of Your third party suppliers and providers and You are solely responsible for ensuring the adequacy and sufficiency of all tools and equipment.
Users are also expected to provide their own kitchen equipment, including but not limited to a working stove, sink, kitchenware and appliances, and are responsible for the setting in which video conferences are conducted. In addition to the Service fees outlined on the Website, You are responsible for buying groceries based on a shopping list sent by Us or your applicable Instructor. If for whatever reason You cannot locate applicable ingredients, You are expected to purchase a substitute. You will not receive any refunds for failing to obtain the necessary tools, equipment and/or ingredients. In no event will We reimburse You for any groceries purchased, or for any other third party fees related to Your usage of Our Services.
You represent, warrant and agree that Your use of Our Services will at all times be in compliance with all applicable rules, regulations and laws (including the laws relating to the intellectual property rights of others, privacy, hate propaganda and import/export restrictions). Your use of Our Services is also conditional upon You abiding by these Terms, including the following policies/supplementary agreements referenced in Section 19 of these Terms, all of which are incorporated into and form a part of these Terms.
If You are an Instructor, You are also subject to Our Services Agreement. If there is a conflict between these Terms and the Services Agreement, the Services Agreement will govern to the extent of such conflict.
a. Acceptable Use Policy
You will not use Our Services in any manner:
i. That is dangerous to yourself or others;
ii. To access, or attempt to access, any page or source of the Website, mobile application or servers without permission;
iii. To transmit or post any content that is false, inaccurate or misleading;
￼iv. To recruit, solicit or contact any User without Our prior written consent; You assume all risks from any meetings or contact between You and any other Users of the Services;
v. To libel or defame any person or infringe the copyright, trade mark, patent, trade secret, right of privacy, rights of publicity, moral right or any other legal right of any person;
vi.Impersonate another person or gain unauthorized access to another person’s account;
vii.To reverse engineer any portion of Our Services or introduce any computer code or engage in any activity that interferes with or disrupts Our Service, Website, servers or computer networks;
viii.That requires Us to obtain any licenses from or pay any royalties to any third party;
ix.To scrape, spider, use a robot or other automated means of any kind to access Our Services;
x. In violation of any applicable local, state, national or intentional law or regulation;
xi.That is offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable; or
xii.That otherwise violates these Terms.
b. Cancellation Policy
i. 14 days prior to booked course date, 75% refund. ii. 10 days prior to booked course date, 50% refund. iii. 7 days prior to booked course date, no refund
Please note that if We believe that You are abusing Our Cancellation Policy, We have reserve the right to suspend or terminate Your account without any liability.
Our Services are only a marketplace for Students and Instructors. We have not hired any Instructor.
If a dispute arises between You and another User, We recommend that You immediately contact the User to resolve the dispute amicably. If necessary, You may also report that User’s conduct to Your local law enforcement. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student’s reliance upon any information or instructions provided by an Instructor. You hereby release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees, as applicable) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between one or more Users.
If You are a Student, the following additional terms and conditions apply:
a. You have read, understood, and agree to be bound by Our pricing and payment terms and policies before using Our Services;
b. You may not use Our Service for any commercial purpose;
c. You may not transfer Your account to any other person and You may not use anyone else’s account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of Our Services and (iii) the consequences of any misuse;
d. You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
e. You will not solicit personal information from any Instructor or other Users.
All text, communications, software, technology, designs, materials, information, graphics, links, electronic art, animations, illustrations, artwork, live and recorded audio and video, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is referred to in these Terms as “Content.” Where We provide or make Content available to You in connection with the Services, including, without limitation, on the Website, it is referred to in these Terms as “Company Content.”. Where You upload, post, transmit or make Content available on the Website or in the Services it is referred to in these Terms as “Your Content”. Where Users, including yourself, upload, post, transmit or make Content available on the Website or in the Services it is referred to in these Terms as “User Content”.
Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected pursuant to applicable intellectual property laws.
Except with respect to Your Content, You agree that You have no right, title or interest in or to any Company Content, or any other Content that is made available to You while using Our Services, and You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any such Content unless We give You explicit permission to do so. You agree that “The Chef & The Dish” name and all related graphics, logos, service marks and trade names used on or in connection with the Services are Our trademarks and may not be used without permission. Other trademarks, service marks and trade names that may appear in Our Services are the property of their respective owners. The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use User Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Website and the Services, in accordance with these Terms and any conditions or restrictions associated with particular Service offering. All other uses are expressly prohibited absent Our express written consent. User Content and Company Content is licensed, and not sold, to You. Any unauthorized use of Our Services shall terminate the licenses granted by Us to You.
Although We do not claim ownership of Your Content, You hereby grant Us a fully paid, royalty- free, perpetual, irrevocable, worldwide, royalty-free, assignable, non-exclusive and fully sub licensable right (including any moral rights) and license to use, exploit, license, sublicense, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Our Services, as they may be provided from time to time. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Us with respect to Your Content and that We shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Content as authorized in these Terms. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other public area on Our Website, You hereby expressly permit Us to identify You by Your username as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.
We respect the intellectual property rights of others. Notwithstanding the foregoing, We do not control nor screen User Content and Your use and reliance is solely at Your own risk. You understand that by using Our Services You may be exposed to User Content that is unreliable, inaccurate, unsafe, offensive, indecent, and objectionable and We provide no guarantees with respect to such content. No display or transmission of User Content on the Website or through the Services is intended to act as an endorsement or representation that any User Content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be safe, accurate or useful.
If You believe that any Content posted on the Website violates any laws or regulations, including, without limitation, any copyright laws, You should report it to Us in accordance with Our Infringement Take-Down Policy.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
You agree that We may record all or any part of any courses offered through Our Services (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Website and the Services. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Website and Our Services and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
Your ideas, comments, suggestions, and other feedback are welcome, if You submit such feedback to Us, You grant Us the right to use Your feedback without any restriction or compensation to You. By accepting Your feedback, We do not waive any rights to use similar or related feedback previously known to Us, developed by Us or obtained from other sources.
We care about the security of Your information and Content. While We work to protect the security of Your information, We cannot guarantee that unauthorized third parties will never be able to defeat Our security measures. Please notify Us immediately of any compromise or unauthorized use of Your account.
9. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR AFFILIATES, AGENTS, EMPLOYEES AND/OR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO YOUR USE OF OUR WEBSITE OR SERVICE, INCLUDING:
a. ANY BURNS, FIRES OR INJURIES RESULTING FROM YOUR USE OF OUR SERVICES;
b. ANY ERRORS IN OR OMISSIONS FROM THE CONTENT (INCLUDING, BUT NOT LIMITED TO TECHNICAL INACCURACIES, BUGS IN CODE AND TYPOGRAPHICAL ERRORS);
c. ANY THIRD PARTY WEBSITES OR THIRD PARTY APPLICATIONS, SOFTWARE AND/OR CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERLINKS ON THE WEBSITE (INCLUDING ANY ERRORS IN OR OMISSIONS THEREFROM);
d. ANY UNAVAILABILITY, DELAY OR CANCELLATION OF THE SERVICE, OR ANY PORTION THEREOF; OR,
e. PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER OR MOBILE NETWORKS, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF (INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE WEBSITE), WHETHER OR NOT CAUSED BY US.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. AS A VISITOR TO THE WEBSITE, ANY RELIANCE ON OR USE BY YOU OF ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
￼THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE, OR ON THE INTERNET GENERALLY, IS OR WILL BE CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE SERVICES ARE AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, AGENTS, EMPLOYEES AND/OR SUPPLIERS, BE LIABLE TO YOU, OR ANY OTHER PARTY, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEBSITE OR SERVICE. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES OR COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICE, WEBSITE, OR ANY CONTENT CONTAINED THEREIN, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THIS ARTICLE DOES NOT EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD COMMITTED BY US OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL WE, OR OUR AFFILIATES, AGENTS, EMPLOYEES AND/OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE ANY AMOUNTS RECEIVED BY US AS A RESULT OF YOUR USE OF THE SERVICES IN THE 6 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS IN THE 6 MONTHS PRECEDING YOUR CLAIM, OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE TWENTY FIVE DOLLARS (USD $25).
THIRD PARTIES. YOU AGREE THAT WE ARE NOT LIABLE, AND YOU WILL NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS.
BASIS OF THE BARGAIN. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL TERMS BY WHICH WE PROVIDE OUR SERVICES TO YOU AND THEY ARE THE ESSENTIAL BASIS BY WHICH WE MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
You hereby indemnify, defend and hold Us, and Our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers harmless from and against all reasonably foreseeable losses, expenses, damages, costs, liabilities claims and demands, including reasonable attorneys’ fees, relating to or arising out of (a) Your Content, (b) Your breach of any representation, warranty or covenant contained in these Terms, (c) Your use of Our Services, (e) Your violation of any rights of another party and (f) Your violation of any applicable law. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this article, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
Our right to be indemnified herein is in addition to all of Our other rights at law or as provided in these Terms. You agree that the provisions in this article will survive any termination of these Terms or Your access to Our Services.
12. Term, Termination and Survival
The Terms shall commence on the date when You accept them (as described in the preamble above) and remain in full force and effect while You use the Services, unless terminated earlier in accordance with these Terms. If You have breached the Terms, or if We are required to do so by law, We have the right, in Our sole discretion, to suspend or terminate Your access to Our Website and Services with or without notice to You. Termination of any Service will include the removal of Your access to such Service and the barring of Your further use of the Service. Termination or suspension of Your Service may also include deletion of Your information and Content. Upon termination of any Service, Your right to use such Service will terminate immediately.
All provisions of these Terms which by their nature should survive, shall survive termination of Services however so caused, including without limitation, the provisions pertaining to Our disclaimers, Our limitations on liability, the ownership of intellectual property, the termination of these Terms, Your licence granted to Us, Your warranty and Your indemnity.
13. Governing Law
These Terms are hereby deemed to have been formed in the City of Toronto, in the Province of Ontario. As such, the laws of the Province of Ontario, without regard to conflict of laws principles, exclusively govern both these Terms and any dispute that might arise between You and Us in respect of the Services or, in respect of the Website. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the Province of Ontario, sitting in the City of Toronto, and/or the Federal Court of Canada in the Province of Ontario, or any other judicial district or jurisdiction as We may determine, in any and all actions, disputes, or controversies relating thereto.
14. No Partnership or Agency
You agree that We are Your independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms or the offering of Our Services.
15. Force Majeure
16. Consent to Electronic Communications
You agree that any legal requirement that agreements, notices, disclosures and/or other communications be in writing is satisfied by Us providing You with such communications in electronic form (including in an email sent to an email address supplied to Us for Your account).
17. The Chef and The Dish, Trademarks
“The Chef and the Dish” (also known as the “The Chef & The Dish”) is a business name registered in the Province of Ontario, Canada and operated by Jenn Nicken, a resident of Canada.
“The Chef and the Dish” and the other logos and trademarks used and displayed on the Website, in Our Services or in any Company Content are Our registered or unregistered trademarks, or they are the trademarks of Our suppliers and are protected by applicable trademark law. All rights are reserved and You agree that You will not alter or obscure such trademarks, or link to them without Our prior approval.
The division of these Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms. In these Terms, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
￼These Terms as they may be amended from time to time, and any and all other terms, conditions, legal notices and policies uploaded by Us on Our Website, constitutes the entire agreement between You and Us with respect to the Website and Our Services. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Any provision of these Terms which are held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
These Terms shall inure to the benefit of and be binding upon each of Us and Our respective successors and assigns. You acknowledge having read these Terms before accepting it, having the authority to accept these Terms and having received a copy of these Terms.
19. Referenced Policies
Our Infringement Take-Down Policy accessible at infringement-policy/e949c