The Chef & The Dish, Inc., Terms and Conditions
Last Updated: March 15, 2016
Available at http://www.thechefandthedish.com/terms--conditions/
Welcome to www.thechefandthedish.com (the “Website”), a website owned and operated by The Chef and The Dish, Inc. (defined further below). Please carefully read these terms of use as they are a binding agreement between You, or the company You represent, (“You” or “Your”) and The Chef and The Dish, Inc. (also operating as The Chef & The Dish, Inc.) (“Us”, “We” or “Our”). By accessing or using Our Website, mobile application and/or the products and services offered therein (collectively, the “Services”) You agree that You have read, understand and agree to be bound by these terms of use, including the limitations/waivers contained in articles 9 and 10 below and the policies referenced herein, (collectively, the “Terms”). If You do not agree to these Terms in their entirety do not use the Website or any other Service offered by Us.
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.
c. Fees
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 7 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. Gift cards are non-refundable and cannot be exchanged for cash in part or full. 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 or credits for failing to obtain the necessary tools, equipment and/or