Chef’s Pencil Terms of Use

1. Introduction

The Chef’s Pencil Terms of Use governs all of your dealings with Chef’s Pencil whether through telephone, email or visiting the Chef’s Pencil Website.  By dealing with us you agree to the Terms of Use.

2. Privacy

Your privacy is important to Chef’s Pencil.  Please read the Chef’s Pencil Privacy Policy.

3. Intellectual Property

3.1 All information, graphics, and other material on the Website is owned or licensed by Chef’s Pencil and is protected by Australian and international laws relating to copyright and trade marks.  You must not use any such information in any manner or for any purpose that is unlawful or in any manner which violates any right of Chef’s Pencil.  You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the content of the Website except as otherwise authorised by Chef’s Pencil.

3.2 If you send content to Chef’s Pencil you agree that:

• (a) Chef’s Pencil will determine, at its discretion, whether to publish (or remove from a site) any of your content;
• (b) you grant to Chef’s Pencil a royalty-free irrevocable non-exclusive right to use all intellectual property rights in your content throughout the world, in perpetuity, without restriction, including publication of that material in hard copy publications or in electronic media, using your content in advertising and promotional material for Chef’s Pencil and permitting others to do any of these and that any such use does not give rise to any obligation of Chef’s Pencil to make any payment of any kind to you;
• (c) you waive all moral rights in your content and consent to anything which Chef’s Pencil (or any person permitted to do so by Chef’s Pencil) may do in relation to your content which would otherwise be in breach of your moral rights.  This includes that Chef’s Pencil may use your content without attributing you as the source of your content;
• (d) Chef’s Pencil may edit your content at its discretion;
• (e) you indemnify Chef’s Pencil and its directors, officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of a breach by you of these terms and conditions.

3.3 In relation to any content you send to Chef’s Pencil you warrant that:

• (a) you own your content and all rights in relation to that content;
• (b) you obtained your content in a manner which does not breach any laws or infringe the rights of any person;
• (c) your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a  person or entity;
• (d) your content, your provision of your content to Chef’s Pencil and the use by Chef’s Pencil of your content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
• (e) your content, at the time you send it to Chef’s Pencil, contains no virus or other code or material embedded in it which will have a negative impact on Chef’s Pencil’s services or Website;
• (f) your content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and
• (g) you did not forge or attempt to circumvent any site function or code, including but not limited to forging TCP/IP packet headers, forging any part of the header information in any email, attempting to execute malicious code, SQL Injection, circumventing validation, javascript or any other exploits.

4. Security

Chef’s Pencil has measures in place to protect you information and the Website, such as firewalls, monitoring and controlled access to servers and content.

5. External Websites

You may be able to access external websites by links on Chef’s Pencil.  Those other website are not subject to the Chef’s Pencil Privacy Policy or Terms of Use.  Please contact or review those websites directly to ascertain their policies and terms.  Chef’s Pencil makes no warranties and accepts no responsibility for material contained on external websites.

6. Dietary advice

Chef’s Pencil does not provide dietary advice in relation to any recipes, food or ingredients.  You are responsible for informing yourself as to the manner and amount for consumption of any food or ingredients and any risk in consumption.

7. Termination

Chef’s Pencil reserves the right to terminate your use of the Website and block or prevent future access to and use of the Website without notice and at its sole discretion at any time.

8. Limitation of Liability and Indemnity

8.1 All content on the Website is provided on the basis that persons accessing it are responsible for assessing the accuracy of it and that they rely on it entirely at their own risk.

8.2 Chef’s Pencil does not accept any liability for loss or damage (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of the use of the Website or reliance on the content of the Website or any other information incorporated into the Website by reference.  This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not Chef’s Pencil was aware or should have been aware of the possibility of such damage.

8.3 Each person using or accessing any part of the Website indemnifies Chef’s Pencil, and each of it directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website.

9. Governing Law

The Chef’s Pencil Terms of Use, Privacy Policy and Website are governed and construed in accordance with the law of New South Wales, Australia.  You  agree that any action at law or in equity arising out of, in connection with or relating to the Terms of Use, Privacy Policy or Website will be determined only in the courts in New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of those courts.

10. Changes to the Terms of Use

Chef’s Pencil reserves the right to change the Terms of Use at any time.  We encourage you to check the Terms of Use regularly for any changes.

11. Amazon Associate Program

ChefsPencil is part of the Amazon Associate Program and earns from qualifying purchases.

Chef’s Pencil Terms for Chefs

1. Introduction

The Chef’s Pencil Terms for Chefs governs all of your dealings with Chef’s Pencil whether through telephone, email or visiting the Chef’s Pencil Website. By dealing with us you agree to the Chef’s Pencil Terms for Chefs.

2. Privacy

Your privacy is important to Chef’s Pencil. Please read the Chef’s Pencil Chef’s Privacy Policy located on the latter part of the Chef’s Pencil Privacy Policy page.

3. Membership as a contributing Chef

3.1 Your membership of Chef’s Pencil entitles you to:

• (a) be listed as a professional chef;
• (b) create a profile which refers to your experience, your awards, restaurants in which you work, and links to your Facebook and Twitter accounts.

3.2 In consideration of your membership rights, you will provide Chef’s Pencil with a minimum of:

• (a) one recipe of your own creation;
• (b) one high resolution photograph of the recipe in (a); and
• (c) your profile, including qualifications, experience, awards and current working details, together and with any other information you provide to Chef’s Pencil, Your Content.

4. Intellectual Property

4.1 All information, graphics, and other material on the Website is owned or licensed by Chef’s Pencil and is protected by Australian and international laws relating to copyright and trade marks. You must not use any such information in any manner or for any purpose that is unlawful or in any manner which violates any right of Chef’s Pencil. You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the content of the Website except as otherwise authorised by Chef’s Pencil.

4.2 In relation to Your Content on Chef’s Pencil:

• (a) you remain the owner of all of Your Content;
• (b) you grant to Chef’s Pencil a royalty-free non-exclusive transferable licence to use Your Content throughout the world, without restriction, for such time as you remain a member of Chef’s Pencil. This licence will automatically terminate if your membership of Chef’s Pencil is terminated;
• (c) for the duration of the licence in (b) above, you waive moral rights in Your Content and consent to anything which Chef’s Pencil (or any person permitted
  to do so by Chef’s Pencil) may do in relation to Your Content which would otherwise be in breach of your moral rights. This includes that Chef’s Pencil may use Your Content without attributing you as the source of Your Content;
• (d) Chef’s Pencil will determine, at its discretion, whether to publish (or remove from a site) any of Your Content; and
• (e) Chef’s Pencil may edit Your Content after notification to you.

4.3 In relation to Your Content you warrant that:

• (a) you own Your Content and all rights in relation to Your Content;
• (b) you obtained Your Content in a manner which does not breach any laws or infringe the rights of any person;
• (c) Your Content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create Your Content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• (d) Your Content, your provision of Your Content to Chef’s Pencil and the use by Chef’s Pencil of Your Content, in each case as contemplated in these Chef’s Pencil Terms for Chefs, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
• (e) Your Content, at the time you send it to Chef’s Pencil, contains no virus or other code or material embedded in it which will have a negative impact on Chef’s Pencil’s services or Website;
• (f) you did not forge or attempt to circumvent any site function or code, including but not limited to forging TCP/IP packet headers, forging any part of the header information in any email, attempting to execute malicious code, SQL Injection, circumventing validation, javascript or any other exploits; and
• (h) you indemnify Chef’s Pencil and its directors, officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of a breach by you of these terms and conditions.

5. Security

Chef’s Pencil has measures in place to protect you information and the Website, such as firewalls, monitoring and controlled access to servers and content.

6. External Websites

You may be able to access external websites by links on Chef’s Pencil. Those other website are not subject to the Chef’s Pencil Chefs Privacy Policy located on the latter part of the Chef’s Pencil Privacy Policy page or the Chef’s Pencil Terms for Chefs located on the latter part of the Chef’s Pencil Terms of Use page.  Please contact or review those websites directly to ascertain their policies and terms. Chef’s Pencil makes no warranties and accepts no responsibility for material contained on external websites.

7. Dietary advice

Chef’s Pencil does not provide dietary advice in relation to any recipes, food or ingredients. You are responsible for informing yourself as to the manner and amount for consumption of any food or ingredients and any risk in consumption.

8. Termination

Chef’s Pencil reserves the right to terminate your use of the Website and block or prevent future access to and use of the Website without notice and at its sole discretion at any time.

9. Limitation of Liability and Indemnity

9.1 All content on the Website is provided on the basis that persons accessing it are responsible for assessing the accuracy of it and that they rely on it entirely at their own risk.

9.2 Chef’s Pencil does not accept any liability for loss or damage (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of the use of the Website or reliance on the content of the Website or any other information incorporated into the Website by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not Chef’s Pencil was aware or should have been aware of the possibility of such damage.

9.3 Each person using or accessing any part of the Website indemnifies Chef’s Pencil, and each of it directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website.

10. Governing Law

The Chef’s Pencil Terms for Chefs, Chef’s Pencil Chefs Privacy Policy and Website are governed and construed in accordance with the law of New South Wales, Australia. You agree that any action at law or in equity arising out of, in connection with or relating to the Chef’s Pencil Terms for Chefs, Chef’s Pencil Chefs Privacy Policy or Website will be determined only in the courts in New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of those courts.

11. Changes to the Chef’s Pencil Terms for Chefs

Chef’s Pencil reserves the right to change the Chef’s Pencil Terms for Chefs at any time, other than clause 4.2 above. We encourage you to check the Chef’s Pencil Terms for Chefs regularly for any changes.