Terms and Conditions of Use for Cook

Cook (“Cook,” “we,” or “us”), with an address at suite 103, Level 1, 757 Bourke Street, Docklands VIC 3008 is the provider of a mobile phone application that enables users to upload and share photos and information relating to cooking and cooking recipes (the “Application). By using the Application and website, you are agreeing to the following terms and conditions. These terms and conditions constitute an agreement (the “Agreement”) between you and Cook governing your use of the Application. Please read these terms and conditions carefully before using the Application.

By using the Application, you represent and warrant that you have read, understood, have the legal capacity, and agree to be bound by these terms and conditions.

Cook requires that users who are under 18 years of age obtain parental consent before using the Application.

Changes to this Agreement

Cook reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. It will post the most recent version of these terms and conditions on its website at www.thecookapp.com with a date indicating when changes were last made. Any modifications will become effective immediately upon posting. Please check for updates each time you use the Application to keep appraised of any changes. Your continued use of the Application following the posting of modifications will constitute your acceptance of the revised terms and conditions. 

Your Registration Obligation

You may register with Cook through Facebook or by providing an email address and password. When registering with Cook you agree to provide true, accurate, current and complete information. Should Cook determine that any false or inaccurate information was provided in connection with registration, Cook may suspend or eliminate your ability to use the Application.

You may not authorise any third party to access or use the Application on your behalf. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to immediately notify Cook of any unauthorised use of your password at support@thecookapp.com. Cook has no liability for any loss, damage or injury to you or to any third party arising from any unauthorised use of your account.

Consent to Communications

By registering to use the Application, you understand that Cook may send you e-mail communications or data regarding your use of the Application, violations of such use, and/or promotional information and materials regarding Cook. To the extent such communication concerns an offer or solicitation by Cook, it will provide opt-out instructions. Cook reserves the right to communicate by e-mail or otherwise, with you or your representative.

Payment of Fees

Cook reserves the right to introduce fees or charges at any time and to change fees, upon prior notice to you.

Privacy

Cook has established a Privacy Statement to explain to users how their information is collected and used. You may view the Privacy Statement at www.thecookapp.com/privacy Your use of the Application signifies your acceptance of the Privacy Statement. 

Licence – Privacy

By registering to use the Application, you grant Cook a worldwide, royalty-free, non-exclusive and irrevocable license to store, copy, provide and display any content you provide in accordance with Cook’s Privacy Statement. You continue to retain all ownership rights in such content and you remain solely responsible for such content and any material or information submitted to the Application.

Cook has the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content input by users, and may remove any content that is inappropriate or that potentially infringes on the intellectual property rights of another party or violates these terms of use or the law.

You acknowledge and agree that Cook shall not assume or have any liability for any action or inaction by Cook with respect to any data, material, content or input entered by you into the Application. 

User Conduct

You agree that you will not use the Application in any way that violates applicable federal, state, local or international law, or for any unlawful purpose. Cook reserves the right to terminate your access to and use of the Application if, in its sole discretion, your conduct violates any of the following prohibited acts:

  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Application or Cook’s computer systems and network.
  2. You may not attempt to interfere with any other person’s or organisation’s use of the Application.
  3. You may not misrepresent your identity or impersonate any person.
  4. You may not attempt to gain access to any account, computers or networks related to the Application without authorisation.

You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Cook in connection with the Application.

You agree that you will use this Application safely and responsibly and that you will not upload information, pictures or other content that is unsafe or illegal or engage in such behaviour. Cook will bear no liability for any loss, damage, injury, harm or death resulting from dangerous, illegal or irresponsible activity.

By using the Application, you represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

Intellectual Property - License

Cook is the exclusive owner of all right, title and interest in the Application software and design and any content that it authors or creates and makes available on the Application. You are granted a limited, non-exclusive, non-transferable, revocable license to access the Application in strict accordance with this Agreement solely for the purpose of uploading, reviewing and sharing information, pictures and other content relating to cooking and cooking recipes. The foregoing limited license will not be construed as conferring any right in any copyright or other intellectual property right in the Application software.  

Digital Millennium Copyright Act

Cook expressly prohibits the use of the Application for the illegal transmission of copyrighted material, and will respond if notified by content owners to prevent copyrighted material from being transmitted via the Application. In addition, Cook may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cook the written information specified below:

For these purposes, and for the purpose of submitting any complaints or claims with respect to the Application, Cook can be reached at complaints@thecookapp.com

No Warranties

Cook is in no way liable for loss of user data. By using the Application you acknowledge and agree that you will not hold Cook accountable for any technical errors, including loss of user files.

Cook provides the Application and its services “as is”. “with all faults” and “as available” and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

To the maximum extent permitted by applicable law, Cook and its officers, directors, shareholders, and affiliates make no representations or warranties, express of implied. Cook and its officers, directors, shareholders, and affiliates disclaim any and all warranties, statutory and implied, including without limitation (1) Warranties or conditions or merchantability, fitness for a particular purpose, accuracy and non-infringement; (2) warranties or conditions arising through course of dealing or usage or trade; and (3) warranties or conditions that access to or use of the Application will be uninterrupted or error free. 

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above might not apply to you.

Limitation of Liability

In no event will Cook and its officers, directors, shareholders, and affiliates be liable for any damages including, without limitation, any indirect, consequential, special, incidental or punitive damages arising out of, based on, or resulting from this Agreement or your use of the Application even if Cook and its officers, directors, shareholders, and affiliates have been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation on such damages, so some of the above limitations might not apply to you.

If you are dissatisfied with the Application for any reason including but limited to loss of data or damage to your mobile phone, ipad or computer or if you do not agree with any of this Agreement or Cook’s Privacy Statement, or you have any other dispute or claim with or against Cook or the Application, then your sole and exclusive remedy is to discontinue using the Application.

In the event that, notwithstanding the foregoing disclaimers and limitations, Cook is found responsible to any user for any reason whatsoever, Cook's responsibility will be limited to the amounts actually paid to Cook by such user for use of the Application, and will not include punitive damages or indirect, special, consequential or resulting damages of any nature.

Indemnification

You agree to indemnify, defend and hold harmless, Cook, its officers, directors, shareholders and affiliates, to, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees (on a full indemnity basis), resulting from your use of the Application or from any breach of this Agreement by you.

Termination

Cook reserves the right to terminate your account or use of the Application with or without cause or notice, in its sole discretion. You may terminate your user account upon notice to Cook at any time. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Cook may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other party. Any attempt by you to do so is void. 

The failure of Cook to exercise or enforce any right or provision of the terms and conditions will not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these terms of use and or your use of the Application.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms of use, and that all modifications must be in writing signed by both parties.

For Apple Product Users

Acknowledgements: Cook and you acknowledge that these terms of use are between Cook and you, and not with Apple. As between Apple and Cook, Cook is solely responsible for the Cook Application and its content. To the extent these terms of use are less restrictive than, or inconsistent with, the Usage Rules set forth for Licensed Applications in the Apple App Store Terms of Service agreement (the “Apple Usage Rules”), the Apple Usage Rules apply. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Cook Application.

In the event of any failure of the Cook Application to conform to any applicable warranty, you may notify Apple. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Cook Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

As between Apple and Cook, Cook is responsible for addressing any claims you may have relating to the Cook Application or your use of the Cook Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Cook Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

As between Apple and Cook, Cook will be solely responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim that the Cook Application or its use infringes a third party’s intellectual property rights.

You and Cook acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions as a third party beneficiary thereof.

You represent and warrant that you will comply with all applicable third party terms of agreement when using the Cook Application. For example, if you have a VoIP application, you will not be in violation of your wireless data service agreement when using the Cook Application.

License Limitation: The license granted under these terms of use is limited to a non-transferable license to use the Cook application on any iPad or iPhone that you own or control or any other IOS on which it may become available from time to time, and as permitted by the Apple Usage Rules.