Welcome to the
Chef
application/service which is operated by Guillaume
Cendre (in this Agreement, "the Author", "Chef, "we", "us" or "our").
We run a nutrition app called Chef and would love for you
(“you”, “your”, “user”) to use it. Our
basic service is free, but you can upgrade your experience by subscribing to
our Premium plan. Our service is designed to give you as much control and
insight over your nutritional intakes as possible and encourage you to reach
your fitness goals. However, we also encourage you to be responsible in what
you publish as a recipe (“Recipe"). In particular, make sure that no
prohibited items such as spam, viruses, hate content, pirated material,
copyrighted material etc. appear on or get linked to from your recipe. We do
not claim any intellectual property rights whatsoever in/of your
recipes.
If you find a Chef recipe that you
believe violates our terms of service, please report it to
our
support mailbox..
The following terms and conditions
govern all use of the Chef application and all content, services, recipes and
products available at or through the iOS app unless you have a written
agreement in place with us covering such use, in which event the written
agreement shall take priority. The app is owned and operated by Guillaume
Cendre ("the Author"). The app is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation, the app's
Privacy
Policy) and procedures that may be published from
time to time on this Site by the Author (collectively, the "Agreement").
Please read this Agreement carefully before accessing or
using the app or service. By accessing or using any part of the app, you agree
to become bound by the terms and conditions of this agreement. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the app or use any services. If these terms and conditions are
considered an offer by the Author, acceptance is expressly limited to these
terms. The app is available only to individuals who are at least 13 years
old.
- Your Chef Account and Site.
If you create an account or
Recipe on the app, you are responsible for maintaining the security of your
account, and you are fully responsible for all activities that occur under
the account. You must not add images to your Recipe in a misleading or
unlawful manner, including in a manner intended to trade on the name or
reputation of others, and the Author and other personnel he might designate
may change or remove any Recipe that it considers inappropriate or unlawful,
or otherwise likely to cause Chef liability. You must immediately notify us
of any unauthorized uses of your Recipe or your account or any other breaches
of security. Chef or the Author will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of such acts
or omissions.
-
Responsibility of Contributors.
If you publish a Recipe, create
an account, or otherwise make (or allow any third party to make) material
available by means of the app (any such material, "Content"), You are
entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
- The downloading, copying
and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade
secret rights, of any third party;
- If your employer has rights
to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your
employer a waiver as to all rights in or to the Content;
- You have fully complied
with any third-party licenses relating to the Content, and have done
all things necessary to successfully pass through to end users any
required terms;
- To the extent that any
Content contains personal data, you have obtained all necessary
consents or are otherwise lawfully entitled to use such personal data
in the Content;
- The Content does not
contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
- The Content is not spam, is
not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party
sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as to
the source of the material (such as spoofing);
- The Content is not
pornographic, does not contain threats or incite violence, and does not
violate the privacy or publicity rights of any third party;
- Your recipes/account is not
getting advertised via unwanted electronic messages such as spam links
on newsgroups, email lists, other blogs and web sites, and similar
unsolicited promotional methods; and
- Your recipes are not named
in a manner that misleads your readers into thinking that you are
another person or company. For example, your Recipe Title or Image is not
the name of a person other than yourself or company other than your
own;
- If
your Content contains personal data, you agree that we can process such
personal data on your behalf under the terms of our
Privacy Policy
.
-
Chef does not claim any intellectual property rights
whatsoever over your content. However, you agree to have your recipes shared with anyone who uses the Chef application and service.
Without limiting any of your representations or
warranties, Chef has the right (though not the obligation)
to, in Chef's sole discretion (i) refuse or remove any Content (including but not limited to Recipes) that, in
Chef's reasonable opinion, violates any of the Application's policy or
is in any way harmful or objectionable, or (ii) terminate or deny access
to and use of the Website or apps to any individual or entity for any
reason, in Chef's sole discretion. The Author will have absolutely no obligation to
provide a refund of any amounts previously paid.
- Responsibility of Website Visitors and App Users.
The Chef team
has not reviewed, and cannot review, all of the material, including
images and text, posted to the Application and Service, and cannot therefore be
responsible for that material's content, use or effects. By operating the
Application and Service, Chef does not represent or imply that it endorses the
material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The Website and apps
may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes,
and other errors. The Website and apps may also contain material that
violates the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and conditions, stated
or unstated. Chef disclaims any responsibility for any harm resulting from
the use by visitors of the Website or apps, or from any downloading by those
visitors of content there posted.
- Content Posted on Other Websites.
We have
not reviewed, and cannot review, all of the material, including images and
text, made available through the Applications and Services to which the Chef app
links, and that link to the Chef app. Chef does not have any control over
those non-Chef websites and webpages, and is not responsible for their
contents or their use. By linking to a non-Chef recipe, website or any other target, Chef
does not represent or imply that it endorses such website or content. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Chef disclaims any responsibility for any harm resulting
from your use of non-Chef websites and webpages.
- Copyright Infringement As
Chef asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located
on or linked to by the Chef application violates your copyright, you are encouraged
to notify us. Chef will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to
the infringing material. Chef will terminate a visitor's access to and use of
the Application and Service if, under appropriate circumstances, the visitor is
determined to be have repeatedly infringed on the copyrights or other intellectual
property rights of Chef or others. In the case of such termination, Chef or the Author will
have no obligation to provide a refund of any amounts previously paid to
Chef.
- Intellectual Property.
Other than your Content, the
intellectual property contained on the Chef app,
including designs and copyrightable material such as software, text,
pictures, photographs and illustrations, are the property of Chef and its
licensors. The trademarks on the the Chef app website and the Chef app,
belong to Chef, its licensors or third parties. It is not allowed to place
one or more of these marks and logos on your own site or to use it in any
other way without the prior written consent of Chef, the licensor or third
party in question.
- Advertisements. Chef
reserves the right to display advertisements on the site.
- Attribution. Chef reserves
the right to display attribution on Recipes such as ‘Powered by
Chef'. Such footer credits and the Chef user interface may not be altered or
removed.
- Changes. Chef reserves the
right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for
changes. Even if you do not explicitly indicate your agreement to these
amended terms, your continued use of or access to the Application and Service
following the posting of any changes to this Agreement constitutes acceptance
of those changes. Chef may also, in the future, offer new services and/or
features through the Application and Service (including, the release of new tools
and resources). Such new features and/or services will be subject to the
terms and conditions of this Agreement.
- Termination. Chef may
terminate your access to all or any part of the Application and Service at any time,
with or without cause, with or without notice, effective immediately. Where
we terminate your paid subscription without cause, you will be eligible for a
refund of your Subscription Fee with respect to the remaining days left in
the month. If you wish to terminate this Agreement or your the Chef app
account (if you have one), you may simply discontinue using the Website and
apps. All provisions of this Agreement which by their nature should survive
termination will survive termination, including, without limitation,
intellectual property provisions, warranty disclaimers, indemnity,
limitations of liability, and governing law.
- Disclaimer of Warranties.
The Application and Service are provided
"as is". Chef and its suppliers and licensors hereby disclaim all warranties
of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and
non-infringement. Neither Chef nor its suppliers and licensors, makes any
warranty that the Application and Service will be error free or that access thereto
will be continuous or uninterrupted. You understand that you download from,
or otherwise obtain content or services through, the Application and Service at your
own discretion and risk.
- Limitation of Liability.
In no event will Chef, or its
suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts
that exceed the fees paid by you to Chef under this agreement during the
twelve (12) month period prior to the cause of action. Chef will have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing will not apply to the extent prohibited by applicable
law.
- General Representation and Warranty.
You
represent and warrant that (i) your use of the Application and Service will be in
strict accordance with the Chef Privacy Policy, with this
Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or
other governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United Kingdom or the country in which you reside) and (ii)
your use of the Application and Service will not infringe or misappropriate the
intellectual property rights of any third party.
- Indemnification. You agree
to indemnify and hold harmless Chef, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys' fees, arising out of
your use of the Application and its services, including but not limited to your violation
of this Agreement.
- Apple, the Apple logo, iPhone, iPad, iPad Pro,
Apple TV, Apple Watch and Apple Pencil are trademarks of Apple Inc.,
registered in the U.S. and other countries. App Store is a service mark of
Apple Inc.
- User Terms. As long as you
pay the fees stated in the applicable subscription plan (Subscription Fees),
or if you are using the free plan, you may use our nutrition, recipes and
statistics app (Application) as a service through the Chef app on a non-exclusive and non-transferable
basis, subject to the limitations set out in these terms and in accordance
with the restrictions in your applicable subscription plan (Subscription).
- The maximum number of people allowed to use
the Services is stated in your account on the Chef app (under: My Account
> Billing) and also corresponds to the number of seats purchased in your
subscription plan.
- The Chef Premium subscription at a 2$/month rate allows you to create and publish your own recipes and to schedule as many items as you want. Also, it allows you to scan your products to schedule them and get informations.
- These prices apply to United States residents. Prices may vary in other countries respecting your local currency exchange rate. Your subscription will be charged to your iTunes account. At the end of the term, unless auto-renewables subscriptions are disabled, your subscription will automatically renew in your iTunes account. You will be charged for the regular price of your subscription within 24 hours prior to the end of the current term. You can turn off automatic renewal in your iTunes account settings at any time, but you must do so at least 24 hours before the end of the current term. Refunds will not be provided for the unused portion of any term.
- Communication
policy and terms.
- Chef needs the
contact information you provide to us to contact you about our products and
services. You may unsubscribe from these communications at anytime. For
information on how to unsubscribe, as well as our privacy practices and
commitment to protecting your privacy, check out our
Privacy Policy.
- If any of these terms are held by a court to
be illegal, invalid or unenforceable, the rest of these Terms will remain in
full force.
- These terms are governed by
English law and the parties agree to submit to the exclusive jurisdiction of
the English Courts.