Terms and Conditions

Last updated: September 9, 2023

This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement between Chef Sync Limited, a limited liability company organized under the laws of New Zealand ("Chef Sync") and the client, whether personally or on behalf of an entity ("Client"), regarding access and use of Chef Sync's website: https://www.ChefSync.io/ (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Chef Sync. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Chef Sync. They are protected by copyright and trademark laws, as well as any other applicable intellectual property law or regulation of New Zealand, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Chef Sync's express prior written permission. Chef Sync reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding Chef Sync's ownership of Submissions, as described in Paragraph 5 ("Client Feedback"), all content and original source files created on Client's behalf ("Projects") belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Chef Sync to become the owner of a Project, in whole or in part, rather than the Client, Chef Sync irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation.

Client warrants that any and all materials provided to Chef Sync as examples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Chef Sync always reserves the right to share the Client's work publicly (social media, website, etc.) unless otherwise agreed.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Chef Sync and require a commercial license for legal reproduction, distribution, or public display of the Project ("Third-Party Font(s)"), Chef Sync will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project. The Client will need to purchase one or more licenses for the Third-Party Fonts from the rights holder(s) of said Third-Party Fonts to legally reproduce, distribute, or publicly display the Project. The notice will include information sufficient for the Client to identify which licenses are required and who to contact to purchase said licenses.

As long as Chef Sync has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences resulting from a failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, the Client represents and warrants that:

The Client has the legal capacity and agrees to comply with these Terms of Use.

The Client is not a minor in the jurisdiction of their domicile.

The Client will not access the Website through automated or non-human means.

The Client will not use the Website for any illegal or unauthorized purpose.

The Client's use of the Website will not violate any applicable law or regulation.

5. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submissions (each a "Submission") shall become the exclusive property of Chef Sync Limited. Chef Sync Limited is not obligated to maintain the confidentiality of any Submission. Chef Sync Limited shall possess sole and exclusive ownership rights over the Submission, except to the extent that rights are granted to the Client under Paragraph 2 ("Ownership of Materials"). Chef Sync Limited, at its sole and unrestricted discretion, may use and distribute a Submission for any lawful purpose without requiring permission, acknowledgment, or compensation to the Client.

Client affirms that they have the right to provide the Submission and hereby waives all claims and recourse against Chef Sync Limited for its utilization of the Submission in accordance with these terms and at its sole discretion thereafter, while adhering to the laws of New Zealand.

6. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Chef Sync on behalf of the Client. Further, Client agrees to refrain from the following:

Making any unauthorized use of the Website.

Retrieving data or content for the purposes of creating or compiling a database or directory.

Circumventing, disabling, or otherwise interfering with security-related features on the Website.

Engaging in unauthorized framing or linking of the Website.

Trick, defraud or mislead Chef Sync.

7. Management and Oversight

Chef Sync Limited retains the right to monitor the Website for any violations of these Terms of Service and to initiate suitable legal action in response to any violation of the Terms of Service or relevant New Zealand laws, statutes, or regulations. Chef Sync Limited also maintains the right to restrict or deny access to the Website or disable the Client's usage of the Website. Such determinations will be solely at the discretion of Chef Sync Limited, without prior notice or liability to the Client. All decisions related to the management of the Website will be made solely by Chef Sync Limited and will be aimed at safeguarding the rights and assets of Chef Sync Limited.

8. Electronic Communications

By using our services, you consent to receive communications from Chef Sync Limited electronically, including but not limited to emails, notices, and messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. User Data

Data Collection and Use: Chef Sync Limited may collect and process certain user data in accordance with our Privacy Policy. By using our services, you consent to the collection, storage, and use of your data as outlined in the Privacy Policy. You are responsible for providing accurate and up-to-date information.

User Responsibilities

You agree not to submit or provide any sensitive or confidential information through our services unless explicitly required. You are solely responsible for the accuracy and legality of the data you submit.

10. Privacy Policy

By utilizing the Website, the Client agrees to be bound by and adhere to the Privacy Policy and the specific terms contained therein, which are adopted and incorporated into these Terms of Service. The Website is hosted in the United States of America. Accessing the Website from the EU, Asia, or any other region may subject the Client to laws, statutes, or regulations that differ from those of the United States regarding personal data collection, use, or disclosure. The continued use of the Website and the transfer of data to the United States constitute the Client's explicit consent to the transfer and processing of data in the United States. Chef Sync Limited does not knowingly accept or request information from individuals under the age of 18. In accordance with New Zealand's applicable regulations, upon becoming aware that an individual under the age of 13 has provided personally identifiable information to Chef Sync Limited without parental consent, Chef Sync Limited will promptly delete that information.

11. Disclaimers and Limitation of Liability

a. Our services are provided on an "as-is" and "as available" basis. We make no warranties, express or implied, regarding the accuracy, completeness, or suitability of our services for your purposes.

b. To the extent permitted by law, Chef Sync Limited shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or in any way connected to your use of our services.

12. Termination

We reserve the right to terminate or suspend your access to our services at our sole discretion, without notice or liability, for any reason, including if you violate these Terms.

13. Returns and Refunds

Chef Sync Limited retains the right to deny refunds at its sole discretion without prior notice or liability to the Client. Requests for refunds will be evaluated on a case-by-case basis. If the Client requests a refund within the initial month of use, all materials produced by Chef Sync Limited remain the property of the company and may not be used by the Client in any manner.

If a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period.

Chef Sync Limited reserves the right to pursue appropriate legal actions against the Client for any breach of this paragraph.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

15. Changes to Terms

We may modify these Terms at any time. You are responsible for reviewing these Terms periodically to stay informed of any updates. Your continued use of our services after any modifications constitutes your acceptance of the revised Terms.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at jamesraukete@chefsync.io.