The following Terms of Service (“Terms”) is a legal agreement (“Agreement”) between you and Your Kitchen Pantry. (“Your Kitchen Pantry”, “YKP”, “Us”, “We”, or “Our”) that governs your use of our website, provided in connection with our cooking services. We call the meal prep we make available to you, the “Service.” By accessing the Site, or by using any products or services provided by YKP, you agree to, and are bound by, the terms and conditions of this Agreement and to the collection and use of your information as set forth in the YKP Privacy Policy, whether you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”). “YKP” reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE YKP SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

 

A. Eligibility

You may use the Service only if you can form a binding contract with YKP, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by YKP.

B. Cooking Services

1.CUSTOMERS OBLIGATION

Your obligations: If you choose to make a reservation for a cooking Service, then you must: (1) nominate the location of your residence while submitting a booking; (2) ensure that someone will be able to give the YKP representative access to your residence or make arrangements for entry to the property, prior to the visit. Failure to allow access at the allocated time will result in forfeiting payment; and (3) provide access to certain kitchen items, such as an oven or cooktop and power points.

(4) You understand that it is your responsibility to remove from plain sight and/or secure all valuables in your residence before our representative arrives to cook in your kitchen. Failure to adhere to your obligations hereunder may result in our inability to provide you with a cooking service. In no instance will YKP be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.

2.ENVIRONMENT

Our chefs are trained in food safety and handling & your food safety is of our highest priority. It is important that we can work in a clean, clutter free environment with a clean and empty sink, dishwasher and benches. Please inform us prior to your service if you require us to bring a collapsible table due to limited bench space.

3.OTHER REQUIREMENTS

The customer will do all things necessary to enable the provider to efficiently perform the booked services. The customer will provide the necessary ingredients, as provided on the shopping list, which are required for the service. YKP will not be held responsible for lack of flavour due to missing ingredients. The customer will do all things possible to provide a safe environment for the chef to carry out the service.

4.A CANCELLATION AND RESCHEDULING POLICY ONE OFF SERVICE

(1) Cancellations OR rescheduling will be accepted up to 72-hours prior to the booking date and any monies paid, will be held for a future booking within a 2-month period, (2) When cancellations OR rescheduling within 72-hours of the booking, any payment made is NON-REFUNDABLE and NON-TRANSFERABLE, (3) No refund or credit will apply for cancellations or amendments made on the day of the service.

4.B CANCELLATION POLICY SUBSCRIPTIONS

(1)All subscriptions can only be cancelled after a minimum of 3-months.(2)To cancel your subscription, an email with 28 days notice must be send to info@yourkitchenpantry.com.au. A confirmation email from YKP will be sent to confirm the termination of your subscription. Your termination is ONLY valid once you have received a confirmation email from YKP.

(3) Cancellations of a service will be accepted up to 72-hours prior to the booking date and any monies paid, will be transfer into a gift voucher. (4) Your subscription cannot be paused if you are unable to use the service in the allotted time, you will be issued a Gift Voucher for the service. A minimum notice of 72-hours is required to be allegeable for the Gift voucher. Gift voucher will be valid for 12 months. (5) When cancellations of a meal prep made within 72-hours of the booking, any payment made is NON-REFUNDABLE and NON-TRANSFERABLE.

4.C PAUSING YOUR SUBSCRIPTION

Your subscription can be pause for a maximum of 8 weeks per calendar year. 

5.RESCHEDULING SERVICE FOR SUBSCRIPTION

Rescheduling of a service will be accepted up to 72-hours prior to the booking date but must be rebooked in the same month of the original booking. If YKP cannot reschedule your service, you will receive a gift voucher valid for 12 months.

6.NO REFUNDS

Once a meal prep is completed, you will not be entitled to a refund for any reason.

7.OUR OBLIGATIONS YKP ’s obligations:

As part of our Service, you may order, and our representatives may provide, cooking Services in your home. YKP uses reasonable efforts to ensure that the cooking will be provided in a professional and satisfactory manner. You understand and agree, however, that YKP does not guarantee that your cooking will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that YKP’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your property resulting from a cook performed by a YKP representative or your interactions with a YKP representative) will be as is set forth in the Limitation of Liability section below.

8.CASH FREE SERVICE

Our service is paid for up front, with a safe, worry-free credit card payment. If you elect to purchase a cook through our website, you agree to pay the amount presented on the billing screen and as set forth on our website. YKP may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. YKP will bill your credit card to confirm your booking.

9.DISCLAIMER

Our recipes are prepared fresh, on your premises, with your fresh ingredients. YKP will not be held responsible for any issues arising from the freshness of the items that you provide for us to prepare.

10.ALLERGIES

It is the Customers responsibility to refer to the ingredients of each meal. We have a range of alternative ingredients for anyone with allergies or intolerances. We expect that these issues will be addressed PRIOR to arrival for the service, so that we can change the shopping list accordingly. YKP will work in a manner to minimize the risk of cross contamination however YKP will not be held responsible for the contamination of ingredients provided by the customer.

11.SECURITY & PRIVACY

YKP is very concerned for your privacy. Personal information is only collected when you place an order, and used to fulfil that order. If you request, you will be emailed with our menu options and serviced area updates, as they are updated. You can be assured that we will not use your personal information in any other way. YKP cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

C. Online Service Rules

1.Acceptable use of the online Service: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the YKP servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that YKP grants the operators of public search engines revocable permission to use spiders to copy materials from yourkitchenpantry.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

2. Changes to the Service: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

3. Our Proprietary Rights YKP alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by YKP. YKP’s name, our logo, and the product names associated with the Service are trademarks of YKP or third parties, and no right or license is granted to use them.

4. Billing Policies All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

1)No Warranty TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YKP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, INCLUDING THE COOKING SERVICES PERFORMED BY YKP’S REPRESENTATIVES, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICE, INCLUDING OUR COOKS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, WORKMANLIKE QUALITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YKP, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY TIME OR LOCATION, UNINTERRUPTED OR SECURE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

2. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YKP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING THE COOKS PERFORMED BY YKP’S REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL YKP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YKP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR SERVICE, INCLUDING THE COOKING SERVICES PERFORMED BY OUR REPRESENTATIVES; (III) THE ACTS OR OMISSIONS OF OUR EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES PERFORMING SERVICES ON OUR BEHALF; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY DELAY IN THE SERVICES, INCLUDING A DELAY OF YKP’S REPRESENTATIVES IN PERFORMING COOKINGS; (VI) THE FAILURE OF YKP’S REPRESENTATIVES TO PERFORM THE COOKING SERVICES; (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL YKP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNTS YOU PAID TO YKP IN THE LAST 12 MONTHS HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YKP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND YKP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Please contact us at info@yourkitchenpantry.com.au with any questions regarding this Agreement.