Terms and conditions

The following Terms of Service (“Terms”) is a legal agreement (“Agreement”) between you and I Hate Cooking, Inc. (“I Hate Cooking” , “IH8C”, “Us”, “We”, or “Our”) that governs your use of our website and application for mobile devices (collectively, the “Software”), provided in connection with our cooking services. We call the services we make available to you, including cooking and online shopping, the “Service.” By accessing the Site, or by using any products or services provided by IH8C, 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 I Hate Cooking 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”).

“IH8C” reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE IH8C 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 IH8C, 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 15 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by IH8C.

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 IH8C 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, power points and WIFI if available. These should be made available on request. We will inform you of these needs prior to the service; AND (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 IH8C 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 cooks 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. REFRIGERATION

Due to food licensing regulations, refrigerated items should be left on a single shelf in the fridge, which the cooked dishes will be returned to on completion of the service.

4. 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. IH8C 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 cook to carry out the service.

5. CANCELLATION POLICY

Changes to menu selections or cancellation of the booking can be made up to 72 hours prior to the service. Within the 72 hours prior to commencement, there will be a cancellation cost of $40. Cancellations received less than 24 hours before allocated time, will forfeit payment.

6. NO REFUNDS

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

7. OUR OBLIGATIONS

IH8C’s obligations: As part of our Service, you may order, and our representatives may provide, cooking Services in your home. IH8C uses reasonable efforts to ensure that the cooking will be provided in a professional and satisfactory manner. You understand and agree, however, that IH8C 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 IH8C’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 an IH8C representative or your interactions with a IH8C representative) will be as is set forth in the Limitation of Liability section below. IH8C provides representatives with many years of experience and blue card/police checks are available for your security.

8. ONLINE SHOPPING SERVICE

Our shopping service requires your credit card details for payment of the groceries and any delivery charges. We will contact you for these details and to arrange a delivery time. These details are used for the sole purpose of processing the necessary items and delivery and are not stored on our database. You must provide accurate and complete information. You must notify IH8C immediately of any breach of security or unauthorized use of your credit card. IH8C will not be liable for any losses caused by any unauthorized use of your account. The Groceries must be delivered at least 12 hours prior to the cook commencing so that indescrepencies can be addressed. Ingredients must be stored according to the manufactures instructions. This service forfeits any right to rewards points. In the case that any of the requested items are unavailable, we will substitute it with the closest possible alternative. Our online shoppers are very thrifty and are committed to finding the best value for money for your purchases. In the instance that an item is not available we will collect it on the way to your appointment and you will be required to reimburse our representative on arrival. A receipt will be provided from the IH8C representative.

9. CASH FREE SERVICE

Our service is paid for up front, with a safe, worry free credit card payment. Paypal will accept credit cards payments without an active Paypal Account.

If you elect to purchase a cook through our online or mobile Service, you agree to pay the amount presented on the billing screen and as set forth on our website. IH8C may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. IH8C will bill your credit card to confirm your booking.

10. DISCLAIMER

Our recipes are prepared fresh, on your premises, with your fresh ingredients.  IH8C will not be held responsible for any issues arising from the freshness of the items that you provide for us to prepare.

11. 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. IH8C will work in a manner to minimize the risk of cross contamination however IH8C will not be held responsible for the contamination of ingredients provided by the customer.

12. INGREDIENTS EXAMPLES & LISTS

The gallery pictures of each product are only indicative of the necessary ingredients for the cook. There may be some minor variations on the ingredients download. Your ingredients lists will be available for download on payment for the service. Please refer back to the email invoice for repeat downloads.

13. SECURITY & PRIVACY

IH8C 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. IH8C 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 and Mobile Service Rules

1.Acceptable use of the online and mobile 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 IH8C servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that IH8C grants the operators of public search engines revocable permission to use spiders to copy materials from ih8cooking.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. License Grant & Restrictions

IH8C hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by IH8C and its licensors.

You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.

You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.

4. Our Proprietary Rights

IH8C alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by IH8C. IH8C’s name, our logo, and the product names associated with the Software and Service are trademarks of IH8C or third parties, and no right or license is granted to use them.

5. 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.

6. Third-Party Links

The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by IH8C. IH8C does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and IH8C’s Privacy Policy do not apply to your use of such sites. You expressly relieve IH8C from all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that IH8C shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Internet Delays

IH8C’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

8. Soliciting IH8C representatives for private work.

IH8C representatives sign a non-complete agreement when entering into a contracting relationship with the company. Encouraging our contractors to enter into a private agreement with yourself, is likewise encouraging them to violate the agreement that they have entered into with the Company, the result being immediate termination of their contract. We respectfully ask that you help them to adhere to this agreement. Failure to do so may result in the cessation of ongoing Services to you.

You agree to defend, indemnify and hold harmless IH8C and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any cooking Services received by you and performed by IH8C representatives; (ii) any alleged or actual loss or damage to property (including your residence), resulting from the performance of the Services hereunder (including the cooking Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

1. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IH8C DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, INCLUDING THE COOKING SERVICES PERFORMED BY IH8C’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, IH8C, 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 IH8C, 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 IH8C’S REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL IH8C 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, IH8C 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 IH8C’S REPRESENTATIVES IN PERFORMING COOKINGS; (VI) THE FAILURE OF IH8C’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 OR MOBILE 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 IH8C, 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 IH8C 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 IH8C 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.

3.      Miscellaneous Terms and Dispute Resolution

You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and IH8C. will be governed by the laws of the State Queensland, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of the IH8C Software or IH8C Services must be commenced exclusively in the federal or state courts located in Brisbane, Queensland and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and IH8C with respect to the IH8C Service and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and  IH8C with respect to the  IH8C Service.

You agree that: (i) IH8C shall be deemed solely based in BRISBANE; and (ii) the Software shall be deemed a passive website that does not give rise to personal jurisdiction over IH8C, either specific or general, in jurisdictions other than BRISBANE. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it.  If they are unable to resolve the dispute, either party shall commence binding arbitration before an Arbitration under the Rules of Commercial Arbitration, before a panel of three arbitrators.  The Agreement shall be governed by the laws of the State of QLD without regard to its conflicts of law provisions.

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 IH8C ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Please contact us at info@ih8cooking.com.au with any questions regarding this Agreement.