- Acceptance of Terms And Conditions
1.1 By accessing and using the Website, you agree to these Terms and Conditions. If you do not wish to agree to these Terms and Conditions (the “Terms”), please do not use the Website. - Your obligations when you use the Website
2.1 When you use the Website you have the following obligations to us:
(a)To provide a valid e-mail address and select secure and confidential password upon registration with the Website;
(b)To take all measures to keep your password confidential and keep your account information updated and accurate;
(c)Whilst using the services of the Website to ensure that any content that is posted to the Website is decent, appropriate and not threatening, insulting, defamatory, discriminatory or offensive in any way;
(d)To notify us immediately of any unauthorized use of your account;
(e)Not use the Website or its service for any phishing, spoofing, illegal or fraudulent activity which will violate New Zealand legislation;
(f)Transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or program designed to interrupt, destroy or limit functionality of the Website or any computer software or hardware;
(g)Post or Transmit to or through the Website any unauthorized advertising, promotional materials, junk mail or spam;
(h)Engage in or contribute to any wrongdoings that may create any liability for Food in the Hood;
(i)Impersonate any person or entity. - Our rights in relation to the Website
3.1 Food in the Hood has the right at any time and without prior notification remove, amend any material that was posted on the Website and its Microsites.
3.2 Food in the Hood has the right at any time and without prior notification to cease the function of the Website in whole or in part.
4.Termination.
4.1Food in the Hood may terminate this Agreement at any time in the event of any breach by you of this Agreement or in Food in the Hood’s sole discretion and without any prior notification has the right to immediately terminate any passwords or accounts.
5.Emails and newsletters
5.1 By providing your email address on the Website you agree to receive the emails outlined in this section and to be bound by our privacy policy.
5.2 Occasionally Food in the Hood will send to you an email relating to the membership, transactions and other activities on the Website.
5.3 Food in the Hood may also send regular electronic newsletters to its members.
- Use of site
The site is an online platform through which members (defined below) may share recipes (defined below) with other members and the recipes will be available online and free. You understand and agree that Food in the Hood has no control over the conduct of other members and the quality of recipes, and disclaims all liability in this regard.
The site also provides paid membership to our meal plan service and subscribers receive weekly dinner menus (5 recipes) with a grocery list delivered to their email inbox.
Definition “agreement” is a reference to these terms and conditions, the privacy policy, any order form and payment instructions provided to you. “Food in the Hood”, “we”, “us”, “our” are references to the team who provides an online platform that connects members who share recipes and make them available online. “site” is a reference to the website, www.foodinhood.co.nz , which is run and operated by us and on which these terms and conditions are displayed. “member”,”you”, “your” and “yours” are referred to you, either “member” or “subscriber”, who complete Food in the Hood sign up process and accept to bound by the terms and conditions.
- The recipes on the site
The recipes you share on the website will be available online and for free. You can not claim any intellectual property to any recipes that you submitted to our website.
Being a member
Once you have signed up as a Food in the Hood’s Food member, you will be entitled to create your own online account within our site, where you can share the recipes and personal information you would like to share about you. You also agree to pay the service fees if relevant in order to maintain the site.
Please note that although we encourage you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.
Unless otherwise agreed in writing with us, any member must agree to follow these guidelines. A failure to do so may result in termination of this agreement. The site must not be used: To solicit or obtain payment for services or goods; For the sole purpose of selling, promoting, or advertising any product or service; To promote any political, ethnic, racial or religious organisation or belief. You are not permitted to do the following when uploading content or posting a food sharing menu: Provide any inaccurate, false or misleading information; You must ensure that all content posted by you is not false, inaccurate or misleading and complies with the New Zealand code of advertising practice in all respects. We reserve the right to review and approve all content uploaded to our site at any time. We remove or delete any content where we consider at our sole discretion that such content is either bogus or in breach of these terms and conditions. You are not permitted to sell or place advertising on your shop page or any other page of our site. You cannot publish the contact details of another user on the site.
Limits on liability
In no event shall Food in the Hood be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) the cost of replacement of any services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages; (e) statements, conduct or omissions of any service providers or other third party on our services; (f) your or anyone else’s conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from sharing foods with other registered members of our services; or (g) any other matter arising from, relating to or connected with our services or these terms. We shall not be liable for any failure or delay in performing under these terms, whether or not such failure or delay is due to causes beyond our reasonable control.
9.Bulletin Boards
You agree that all discussions and/or other messages which you post on the Website in a bulletin board or chat room are public and that other Food in the Hood users may read them. Food in the Hood does not control the content, messages or information found in the chat rooms and bulletin board, and, therefore, you agree that Food in the Hood is not liable for any loss or harm which you may suffer as a result of anything posted to the Website by a third party or any actions resulting from your participation in any bulletin board or chat room activity.
10.Intellectual property
We are the proprietor of the Food in the Hood trademark used on this website and get-up and you may not use it without our express permission.
We are also the owner or the licensee of the copyright in this Website, its contents and images and no part of this Website may be reproduced without our express permission or the permission of the copyright holder.
Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Website without the express written permission of Food in the Hood is strictly prohibited. Any violation of this policy may result in civil and/or criminal penalties.
- Indemnity
You shall defend, indemnify and hold harmless Food in the Hood (and each of our officers, directors, employees, members) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of our services; (b) any member content you provide; (c) your violation of these terms; (d) your violation of any rights of another; or (e) your conduct in connection with the services. Further, if you are using the services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Food in the Hood for violations of these terms in accordance with this section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
- Exclusion of liability
Whilst Food in the Hood has made every effort to ensure that the Website provides accurate information, the Website is provided on an “as is” basis and the information provided is for general guidance only and does not constitute advice of any kind.
We make no representations or warranties of any kind with respect to this Website or its contents. In particular, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website. The information contained in this Website may contain technical inaccuracies, typographical errors or may be out of date. Our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Food in the Hood accepts no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
Food in the Hood cannot warrant that your use of the Website or E-commerce facility will be faultless, immediate, continuous, and virus free, nor that information provided through the Website or E-commerce process will be complete, accurate or up to date. Food in the Hood will endeavour, however, to ensure the Website is available at all times, subject to maintenance.
Neither we, nor any of our Directors, shareholders, or employees shall be liable for loss or damage arising out of or in connection with the use of this Website or reliance on its contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding this, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
Food in the Hood contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and Food in the Hood disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
13.Modification of Terms
Food in the Hood reserves the right to make any changes to this Terms at any time by posting the revised Terms in the “Terms and Conditions Section” of the Website. The revised version of the Terms is effective immediately when posted on the Website.
It is your responsibility to learn of any revision of these Terms on the Food in the Hood Website. Food in the Hood may notify you of the changes to the Terms and Conditions via the e-mail address provided by you upon registration. It is you responsibility to make sure that Food in the Hood’s correspondence is not filtered by your ISP (Internet Service Provider) or e-mail software.
14.Dispute Resolution
Where any dispute arises between you and another user of the Website (including any Merchant) you agree to make an attempt to resolve the dispute through negotiation or other informal means before pursuing any further formal action. You agree that Food in the Hood will not be a party to any such dispute.
15.New Zealand website
These Terms are subject to New Zealand law and you irrevocably accept the jurisdiction of the New Zealand Courts.