Website Terms of Use

These Terms of Use (Terms) govern your use of our Website located at chefs2go.com.au (Website) and form a binding contractual agreement between you, the user of the Website and us, Chefs 2 Go Pty Ltd, ABN 602 113 940 trading as Chefs to Go.

The Terms of Use agreement forms a partnership with us and you as a client. Contact us with any questions you may have before you use our Website, and we would be happy to answer them for you. Our contact details are as follows:

Phone: 1300 852 294

Email: [email protected]

By utilising our Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you have no right to obtain information from the website or otherwise continue using it.

You acknowledge that these terms may be updated from time to time. When you next login to the website after any updates you agree to be bound by the updated terms.

1.License to use Website.

We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this Agreement.

You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non- commercial use.

You must not add any content to the Website:

1. Unless you hold all necessary rights, licenses, and consents to do so.
2. That would cause you or us to breach any law, regulation, rule, code, or other legal obligation.
3. That is or could reasonably be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
4. That would bring us, or the Website, into disrepute.
5. That infringes the intellectual property or other rights of any person.

2.Fees and Services

Browsing and registering with the Website is free of charge.

You will be charged for listing or posting advertisements for employment and equipment for sale in accordance with our Fees and Charges which are listed on the Website and updated from time to time.

Advertisements will be hosted by the Website for one (1) calendar month from the date of payment of our Fees and Charges unless the advertisement is satisfied earlier. We operate a no-refund policy.

3.Disclaimer

1. The Website contains links to other Websites as well as content added by people external to Chefs2go Pty Ltd. We do not endorse, sponsor, or approve any such user-generated content or any content available on any linked Website.
2. In administering the Website we are not providing professional advice.
3. We do not guarantee the accuracy or reliability of any of the material placed on the Website.
4. You acknowledge and agree that:
   • We retain complete editorial control over the Website and may alter, amend, or cease the operation of the Website at any time.
   • The Website may not operate on a continuous basis, and may be unavailable from time to time (including, without limitation, for maintenance purposes); and With respect to requirement and employment, the Website is a hosting and advertising site only and is in no way involved in the discussions between contractors and venues. We take not responsibility for:
     1. Resumes, references, contact details of the contractors.
     2. The quality, accuracy or success of the advertisements placed.
     3. The suitability or reliability of any person listed on the website or at your venue.

Where chefs listed on our website are engaged or hired by you as user, you agree to enter into our standard labour hire agreement.

If you decide to be a contractor listed on our website, you are entering into a labour hire agreement. You agree enter into our standard labour hire agreement.

4.Intellectual Property Rights

1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the Website.
2. By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable rights, and licence to use that content, in accordance with the purpose or purposes of the Website. You agree that we can reproduce and communicate that content to the public and to permit us to authorise any other person to do the same thing.
3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4. The licence in clause 4.B and will survive any termination of these Terms.
5. You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 4.b and 4.c.

Warranties

You represent and warrant to us that:

You have the legal capacity to enter these Terms including if you are under the age of 18 with the permission from your parent or guardian; and

You have complied with clause 1.C.

All information posted or provided by you on our website is true and correct.

Liability and Indemnity

To the fullest extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the fullest extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, or obligations.

You indemnify and keep indemnified us, our directors, officers, employees and agents against any loss liability or expense (including, without limitation, all legal costs incurred by us in dealing with any claim against us arising from any claim or action because of any wilful, unlawful, or negligent act of omission by you, your officers, employees, agents, or sub-contractors in connection with the Website.

You acknowledge, to the extent permitted by law, the entire risk arising out of your access to and use of our website remains with you.

Neither we nor any other party involved in creating producing or delivering the website shall be responsible for or liable for any loss arising from your use of the website.

Privacy

Details of the Website's Privacy Policy can be found at: https://chefs2go.com.au/privacy

As a user of this website, you warrant to us you will comply with Australian Privacy Law as it applies to you.

Termination

These Terms terminate automatically if, for any reason, we cease to operate the Website.

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

General

You must not assign, sublicense, or otherwise deal in any other way with any of your rights under these Terms. You may not use, export, re-export, import except as authorised on this website. You must use the website in accordance with the laws of Australia, States and Territories.

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

This Agreement is governed by the laws of Australia, its States and Territories and jurisdiction of the courts of Queensland.

Direct Debit Service Agreement

By providing your bank account details, you agree to this Direct Debit Request and the Direct Debit Request service agreement, and authorise Stripe Payments Australia Pty Ltd ACN 160 180 343

Direct Debit User ID number 507156 ("Stripe") to debit your account through the Bulk Electronic Clearing System (BECS) on behalf of Chef 2 go Pty Ltd (the "Merchant") for any amounts separately communicated to you by the Merchant.

You certify that you are either an account holder or an authorised signatory on the account listed above.

By agreeing to the Direct Debit Request you authorise Stripe to arrange for funds to be debited from your nominated financial institution account (the "nominated account"). Stripe is acting as an agent for the Merchant and Stripe does not provide any goods or services to you.

Stripe or the Merchant will give you at least 14 days' notice in writing of any changes to the terms of the drawing arrangements.

Stripe will keep information relating to your nominated account confidential in accordance with Stripe's privacy policy, except where required for the purposes of conducting direct debits with your financial institution. Your personal information will be transferred by Stripe to the United States. If you do not want to provide your personal information to Stripe in connection with the Direct Debit Request, Stripe will not be able to debit your nominated account.

Where the due date is not a business day Stripe will draw from your nominated financial institution account on the next business day.

It is your responsibility to:

1. Ensure your nominated account can accept direct debits.
2. Ensure that there are sufficient clear funds available in the nominated account to meet each drawing on the due date.
3. Advise immediately if the nominated account is transferred or closed or your account details change.
4. Arrange a suitable payment method if Stripe or the Merchant cancels the drawing arrangements.
5. Ensure that all authorised signatories nominated on the financial institution account to be debited authorise the Direct Debit Request.

Subject to the terms and conditions of your nominated financial institution account and your agreement with the Merchant, you may alter the drawing arrangements.

Such advice should be received by the Merchant at least 7 business days prior to the drawing date for any of the following:

1. Changing your nominated account number
2. Deferring a drawing
3. Altering a DDR schedule
4. Cancelling the drawings completely

If you require further information, please contact the Merchant. Alternatively, you can also contact your financial institution.

If you believe that there has been an error in debiting your account, you should notify the Merchant as soon as possible.

The Merchant will notify you in writing of its determination and the amount of any adjustment that will be made to your nominated account (if any). Stripe will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.

The details of your drawing arrangements are contained in the above Direct Debit Request. Stripe reserves the right to cancel the drawing arrangements if three consecutive drawings are dishonoured by your financial institution, and for the Merchant to arrange with you an alternative payment method.

Please refer to the terms and conditions of your nominated financial institution account to see whether dishonour fees apply. The Merchant may charge additional dishonour fees in accordance with your agreement with the Merchant.