TERMS OF SERVICE

Introduction

Thank you for using the Chefadora platform and the services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to discover, read and share recipes.

Your Service Provider

The entity providing the Service is Chefadora Pty Ltd, a company operating under the laws of South Australia (referred to as “Chefadora”, “we”, “us”, or “our”).

Applicable Terms

Your use of the Service is subject to these terms, and the Privacy Policy which may be updated from time to time (together, this "Agreement").

Your access to and use of the Service is conditioned on your acceptance and compliance with this Agreement. This Agreement applies to all visitors, recipe creators, and others who access or use the Service. By accessing or using this Service, you indicate that you have read and understand these Terms and agree to abide by them at all times. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.

1. Ownership of Chefadora Intellectual Property

1.1 Proprietary Rights

Chefadora owns and retains all proprietary rights, including but not limited to copyrights, trademarks, service marks, trade names, logos, icons, domain names, and any other intellectual property rights, in and to Chefadora, its platform, its name, branding, and all related content, features, and services (collectively, the "Chefadora Intellectual Property"). All rights, titles, and interests in and to the Chefadora Intellectual Property are and shall remain the exclusive property of Chefadora Pty Ltd and its licensors.

1.2 Protection of Intellectual Property

The Chefadora Intellectual Property is protected by applicable local, national, and international intellectual property laws and treaties. Any unauthorized use, reproduction, distribution, modification, or exploitation of the Chefadora Intellectual Property is strictly prohibited and may result in severe civil and criminal penalties.

1.3 Limited License

Chefadora grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform and its features solely for personal, non-commercial purposes, in accordance with this Agreement. This limited license does not include any rights to copy, reproduce, distribute, modify, create derivative works from, sell, resell, or otherwise exploit any Chefadora Intellectual Property without the express written consent of Chefadora.

By using Chefadora, you acknowledge and agree that you have no ownership or other proprietary interest in the Chefadora Intellectual Property and that you shall not challenge or contest the validity of Chefadora's ownership of the Chefadora Intellectual Property or the enforceability of its rights therein.

2. Who may use the Service?

2.1 Age Requirements

You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

2.2 Permission by Parent or Guardian

If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

2.3 Businesses

If you are using the Service on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity and that such entity accepts this Agreement.

3. Your Use of the Service

3.1 Content on the Service

The content on the Service includes texts (such as recipes and comments etc.), graphics, photos, audio, video, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Chefadora or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. Chefadora is under no obligation to host or serve Content. Chefadora reserves the right to remove, delete, or refuse to display any Content on the platform at our discretion. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines mention below or the law, you can report it by emailing us at hello@chefadora.com.

3.2 Chefadora Accounts

You can use parts of the Service, such as browsing and searching for Content, without having a Chefadora account. However, you do need a Chefadora account to use some features. With a Chefadora account, you may be able to like recipes, subscribe to recipe creators, create your own recipes, and more. You can contact us at hello@chefadora.com to create a Chefadora account.

To protect your Chefadora account, keep your password confidential. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3 Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

3.4 Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view Content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except (a) as expressly authorized by the Service; or (b) with prior written permission from Chefadora and, if applicable, the respective rights holders (including recipe creators);
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers) without Chefadora’s prior written permission;
  4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a recipe’s views, likes, or dislikes, or otherwise manipulate metrics in any manner;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. run contests on or through the Service without Chefadora's prior written permission;
  9. Use the Service to view Content other than for personal, non-commercial use.

3.5 Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Chefadora.

3.6 Develop, Improve and Update the Service

Chefadora is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.

4. Your Content and Conduct

4.1 Uploading Content

If you have a Chefadora account, you may be able to upload Content to the Service. You may use your Content to promote your recipes, business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement including the Community Guidelines or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

4.2 User Conduct

You agree that you will not use this Service to:

    • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Chefadora official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

  10. intentionally or unintentionally violate any applicable local, state, national, or international law;

  11. "stalk" or otherwise harass another user.

4.3 Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with the Agreement. You agree not to use the Service:

  1. In any way that violates any applicable federal, state, local, or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  4. To impersonate or attempt to impersonate Chefadora, a Chefadora employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  5. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Chefadora or users of the Service or expose them to liability.
  6. Harass or mistreat other users of our Service;
  7. Violate the rights of other users of our Service;
  8. Violate the intellectual property rights of the Service owners or any third party to the Service;
  9. Hack into the account of another user of the Service;

  10. Act in any way that could be considered fraudulent;

  11. Post any material that may be deemed inappropriate or offensive; or

  12. Plagiarism of content.

If we believe you are using our Service illegally or in a manner that violates this Agreement, we reserve the right to limit, suspend or terminate your access to our Service. We also reserve the right to take any legal steps necessary to prevent you from accessing our Service.

4.4 Community Guidelines

In order to maintain a positive and inclusive environment, we ask all users to adhere to the following community guidelines when uploading Content to our platform. Failure to comply with these guidelines may result in content removal, account suspension, or termination.

  1. Respect Copyrights: Only upload Content that you have created or have the necessary permissions to use. Do not post copyrighted materials without the proper authorization from the rights holder.
  2. No Offensive Content: Content that promotes hate speech, discrimination, harassment, or violence towards individuals or groups based on race, ethnicity, religion, gender, age, disability, or sexual orientation is strictly prohibited.
  3. No Adult or Explicit Material: Chefadora is a family-friendly platform. Do not upload or share content that contains nudity, pornography, explicit sexual content, or graphic violence.
  4. No Spam or Self-Promotion: Content that is solely intended to advertise, promote, or sell products or services without contributing to the community is not allowed. This includes the excessive posting of the same or similar content, unsolicited messages, or misleading titles or descriptions.
  5. No Misleading or Deceptive Content: Do not share false or misleading information, including fake recipes, clickbait titles, or false claims about the benefits of specific foods or ingredients.
  6. Respect Privacy: Do not share the personal information of others without their consent, including but not limited to names, addresses, phone numbers, or email addresses.
  7. Maintain a Positive Environment: We encourage constructive feedback and healthy discussions, but please refrain from personal attacks, threats, or harassment towards other users.
  8. Compliance with Laws: Users must comply with all applicable local, national, and international laws and regulations when uploading Content. This includes not sharing any content that violates food safety guidelines, health regulations, or other relevant laws.

Chefadora reserves the right to review and remove Content that violates these guidelines at its sole discretion. Users who repeatedly violate our Community Guidelines may face account suspension or termination. If you come across content that you believe violates these guidelines, please report it to our team for review on hello@chefadora.com.

4.5 Rights you Grant

You retain ownership rights (copyright and any other intellectual property rights associated with your Content. You have the ability to modify or remove your Content from the platform if you choose. However, we do require you to grant certain rights to Chefadora and other users of the Service, as described below.

4.6 License to Chefadora

By providing Content to the Service, you grant to Chefadora a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Chefadora's (and its successors’) business, including for the purpose of promoting and redistributing part or all of the Service.

4.7 License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

4.8 Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Chefadora may retain, but not display, distribute, or perform, server copies of your recipes that have been removed or deleted.

4.9 Right to Monetize

You grant Chefadora the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content). This Agreement does not entitle you to any payments yet.

4.10 Ad Revenue Sharing

Users who share their Content on Chefadora can potentially earn ad revenue up to a maximum of 55% share. This feature is currently in development, and the terms and conditions regarding it might be updated in the future without notice. We reserve the right to modify the ad revenue-sharing structure at any time. Our team is committed to helping users maximize their earnings; however, we do not guarantee in any manner any specific revenue or financial results.

Ad revenue sharing is based only on the specific Content of that particular user which has been created, and only on the ads which are visible on that particular user’s recipe pages.

Users have the obligation to follow all applicable tax laws and other statutory requirements, as well as to comply with all local laws related to their ad revenue earnings. Chefadora is not responsible in any manner for the compliance of any laws or other rules and regulations on behalf of the users. It is the sole responsibility of users to file taxes on their ad-revenue earnings or any other revenue earned through Chefadora and ensure compliance with all relevant laws and requirements.

4.11 Affiliate Links

Authors are permitted to include external affiliate links in their posted recipes on the Chefadora platform. Any and all revenue generated from these affiliate links will be solely retained by the author. Chefadora will not claim or receive any percentage of this revenue. This enables our authors to have an additional avenue for revenue generation while contributing their valuable content to our platform.

4.12 Removing Your Content

You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.

4.13 Removal of Content By Chefadora

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to Chefadora, our users, or third parties, we reserve the right to remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Chefadora; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, another third party, or Chefadora.

4.14 Copyright Protection

If you believe your copyright has been infringed on the Service, please send us an email at hello@chefadora.com.

5. Disclaimer of Liability for User-Generated Content

5.1 No Endorsement

Chefadora is a platform for users to share, discover, and engage with content related to cooking and recipes. Content posted on the platform, including but not limited to recipes, dietary or allergen information, cooking tips, and images is solely the responsibility of the user who submits it. Chefadora does not endorse, guarantee, or assume any liability for the accuracy, completeness, reliability, or suitability of any Content posted by users.

5.2 Dietary and Allergen Information

Chefadora cannot guarantee the accuracy of dietary or allergen information provided by users. We strongly recommend that you independently verify any information related to dietary restrictions, allergies, or food sensitivities before relying on the content provided on our platform. Chefadora is not responsible for any adverse reactions, health issues, or other consequences resulting from the use of the information contained in user-generated content.

5.3 User Conduct

Chefadora is not responsible for the actions or conduct of any user, including any interactions between users, whether online or offline. We encourage users to exercise caution and good judgment when engaging with others or relying on information provided by other users.

5.4 No Warranty

The content and information available on Chefadora are provided "as is" and without warranties of any kind, either express or implied. Chefadora disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.5 Limitation of Liability

To the fullest extent permitted by applicable law, Chefadora, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your use or inability to use the platform; (ii) any Content obtained from the platform; or (iii) any other matter relating to the platform or its Content.

By using Chefadora, you acknowledge and agree that you are solely responsible for evaluating the risks associated with the use of Content provided by other users and that Chefadora shall not be liable for any loss, damage, or harm resulting from your reliance on such Content.

6. Limitation of Liability for Accidents and Damages

Chefadora is not responsible in any manner for any accidents (including fires), injuries (including cuts and burns), or damages to the persons or their properties that may occur while users are following recipes published on the Chefadora platform or Content reshared on any social media platforms. Users are solely responsible for taking appropriate safety precautions and exercising caution when preparing meals and handling kitchen equipment.

Users agree to assume all risks associated with cooking, food preparation, and kitchen safety. Chefadora shall not be held liable for any personal injury, property damage, or other losses resulting from the use of our platform or the content provided therein, including, but not limited to, accidents caused by fire, burns, cuts, or other kitchen-related mishaps.

Users are encouraged to follow best practices for kitchen safety and to be aware of their surroundings when cooking. Chefadora disclaims all liability for any accidents, injuries, or damages that may arise from the use of our platform, the content we provide, or the recipes published on Chefadora or reshared on any social media accounts.

7. Account Suspension & Termination

7.1 Terminations by You

You may stop using the Service at any time. To delete your Chefadora account and content, please send us an email at hello@chefadora.com.

7.2 Terminations and Suspensions by Chefadora

Chefadora reserves the right to suspend or terminate your account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, another third party, or Chefadora.

7.3 Notice for Termination or Suspension

We will notify you of the reason for termination or suspension by Chefadora unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, another third party, or Chefadora.

7.4 Effect of Account Suspension or Termination

If your Chefadora account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal by sending us an email at hello@chefadora.com.

8. Other Legal Terms

8.1 Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND CHEFADORA DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

8.2 Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, CHEFADORA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
  6. ANY CONTENT WHETHER SUBMITTED BY A USER OR CHEFADORA, INCLUDING YOUR USE OF CONTENT; AND/OR
  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

8.3 Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Chefadora, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service.

8.4 Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Chefadora. Chefadora has no control over and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

9. About this Agreement

9.1 Changing this Agreement

We may change this Agreement, for example (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

9.2 Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

9.3 Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

9.4 No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

9.5 Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

9.6 Governing Law

All claims arising out of or relating to these terms or the Service will be governed by South Australian law.

10. Contact Details

If you have any questions about these Terms of Service, please contact us at hello@chefadora.com.

Effective as of March 19, 2023.