Welcome to Virtual Kitchen’s mobile application. By using our mobile application, you agree to be bound by the terms of this agreement, which may be updated by us without notice to you. By using the mobile application, you acknowledge that you have read and understood both our Terms and Conditions and Privacy Policy, and agree to be legally bound by them. These documents are incorporated into this agreement. If you do not agree to any of the terms, please do not use the mobile application.
A “User Account” is an electronic account created for a user to access and utilize the various services offered on the Mobile Application.
Electronic Communication: By using the Mobile Application or sending electronic communications to us, you are consenting to receive electronic responses from us in the same format. You can retain copies of these communications for your records.
At Virtual Kitchen App, we are excited to introduce you to our next-level cooking app that takes recipe cooking to the next level. We understand that finding the perfect recipe can be a challenge, and that’s why we’ve designed an app that solves most recipe cooking app problems.
Our app gives users the freedom to create and post their recipes, allowing you to share your inspiration with others and be inspired by theirs. With Virtual Kitchen App, you can connect with a community of like-minded cooks and share your culinary experiences. You can also explore a vast library of recipes created by others and discover new dishes to add to your cooking repertoire.
Our app is easy to use, with a unique timing system that keeps track of your cooking, combining step notifications and visual & audio information, making your cooking experience much better. Say goodbye to the stress of multitasking in the kitchen and enjoy the peace of mind that comes with a cooking app that helps you every step of the way.
We have the right to modify these Terms at our discretion, including adding or removing provisions. If we make any changes, we will post the revised Terms on our Mobile Application and may notify you accordingly. Your continued use of the Mobile Application after the changes have been made indicates that you agree to and accept the revised Terms.
To access and utilize certain features of the Mobile Application, you will need to provide certain information and create a user ID and password to establish an account. During registration, we may collect personal details such as your name, address, and email address. Once you have submitted the required information, we will evaluate your application and decide whether to approve your account. If approved, we will send you an email with instructions on how to complete the registration process.
By setting up an account, you acknowledge that the information you provide is accurate and up-to-date. You are responsible for maintaining the confidentiality and security of your user IDs, passwords, and registration information, including any unique account identifiers or previous billing information. You are fully responsible for all activity (whether authorized or not) associated with your accounts. If you suspect any unauthorized activity or security breach, you agree to inform us promptly. We reserve the right to suspend or terminate any of your user IDs and passwords at any time, with or without prior notice.
A. Content Responsibility.
You may submit content and feedback through the Mobile Application, but you are solely responsible for the material you submit. By submitting content, you guarantee that you have the appropriate authorization to use it.
When submitting content, please refrain from submitting anything that:
We reserve the right to reject any such content. If there are repeated violations, we may terminate your access to the Mobile Application without prior notice.
Under the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, and revocable license to use the Service in accordance with the terms of this Agreement. However, this license does not constitute a grant of title or ownership of the Service to you.
We have the right to restrict the use or provision of any service to any individual, geographic region, or jurisdiction, as necessary. We may exercise this right at our discretion. We also reserve the right to suspend any Service at any time. Please note that any offer to provide a Service made on our mobile application is void where prohibited by law.
As a chef using the Virtual Kitchen App, you have certain duties and responsibilities to ensure a safe, enjoyable, and productive experience for all users. Below are the primary duties and responsibilities of chefs on the platform:
Chefs using the Virtual Kitchen App must adhere to specific regulations to ensure a positive and safe experience for all users. These regulations include:
To ensure a safe and enjoyable experience for chefs using the Virtual Kitchen App, the following precautions and guidelines have been established:
The Services are to be accessed and used solely for the purposes for which they are intended. Any commercial use of the Services not expressly endorsed or approved by us is prohibited.
As a user of the Services, you agree not to:
Violation of any of these prohibited activities may result in the suspension or termination of your access to the Services, and we reserve the right to take any legal action necessary to protect our interests and the interests of our users. It is your responsibility to ensure compliance with these terms and to use the Services in a manner that respects the rights and interests of others.
By using the Services, you agree to release us and our successors from all Claims, including but not limited to personal injuries, property damage, and death, that may arise directly or indirectly from your use of the Services.
This Mobile Application provides access to services offered by us. However, we cannot guarantee the accuracy, completeness, reliability, or timeliness of the information provided on the platform, including service descriptions. If the services offered through the Mobile Application do not match their description, please inform us so that we can take appropriate action.
When using this Mobile Application:
We reserve the right to remove any content that we deem inappropriate or in violation of our Terms.
We are not liable for any delays or errors resulting from circumstances beyond our control, such as labor disputes, fires, wars, government decisions, or inadequate delivery by other users.
Please note that we do not guarantee the accuracy, completeness, validity, or timeliness of any information provided by us or third parties. You should exercise caution and use your own judgment when evaluating any offers or information, both from us and third parties.
In addition, we are not responsible for any direct, indirect, or other type of loss or damage resulting from the use of Virtual Kitchen, including loss of data or information, or financial or physical harm.
Under no circumstances will Virtual Kitchen, or its owners, directors, employees, partners, agents, suppliers, or affiliates, be held responsible for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, revenue, data, use, goodwill, or any other intangible losses resulting from (i) your use or inability to use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we were aware of the possibility of such damage.
We do not assume responsibility for any losses that may occur due to the following circumstances:
Engaging in illegal spam activities, such as collecting personal information from others or sending mass commercial emails, using the Mobile Application or any of our Services is strictly prohibited.
Certain legislation, including the Australian Consumer Law (ACL) within the Competition and Consumer Act 2010 (Cth), as well as other similar consumer protection laws and regulations, may provide you with rights, warranties, guarantees, and remedies concerning our provision of the Virtual Kitchen App to you that cannot be excluded, restricted, or modified (Consumer Law Rights).
If you are deemed a consumer under the ACL, no provision in these Terms shall exclude your Consumer Law Rights as a consumer under the ACL. You acknowledge that our liability for the Virtual Kitchen App provided to an entity classified as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Consumer Law Rights, we disclaim all express and implied warranties, and all materials, work, and services (including the Virtual Kitchen App) are delivered to you without warranties of any kind, whether express or implied, statutory, at law, or any other basis.
This clause shall remain in effect even after the termination or expiration of these Terms.
The Mobile Application may contain links to third-party websites (“External Sites”). These links are provided for your convenience only and do not indicate our endorsement of the content on such External Sites. The content of these External Sites is solely managed and created by third parties, and you may contact the site administrator for those External Sites. We are not responsible for the content provided on the links to External Sites and cannot guarantee the accuracy or completeness of the information on such External Sites. It is recommended that you take precautions when downloading files from these websites to protect your device from viruses and other harmful programs. Accessing linked External Sites is done at your own risk.
When you use or access our Mobile Application, you consent to our use, storage, and processing of your personal information in accordance with our Privacy Policy.
While we have made every effort to ensure the accuracy of the information presented through our Mobile Application, we acknowledge and apologize for any inaccuracies or oversights that may have occurred. We cannot guarantee that the use of our Mobile Application will be error-free, timely, or that any defects will be corrected. Moreover, we provide no warranties, whether express or implied, regarding the fitness for purpose or accuracy of our Mobile Application. Additionally, we cannot guarantee that the site or server that provides access to our Mobile Application will be free of viruses or bugs, and we cannot guarantee full functionality and reliability.
The Mobile Application and the Service are provided on an “as is” and “as available” basis without any warranties of any kind. We do not guarantee that the Mobile Application will operate error-free or that it, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all warranties, including but not limited to warranties of title, non-violation of third-party rights, and fitness for a particular purpose. We also disclaim any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims, we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the Mobile Application or the content, even if we have been advised of the possibility of such damages.
The Mobile Application may contain technical inaccuracies, typographical errors, or omissions. Unless required by applicable laws, we are not responsible for any typographical, technical, or pricing errors displayed on the Mobile Application. The Mobile Application may also provide information on certain services that may not be available in every location. A reference to a service on the Mobile Application does not imply that such service is or will be accessible in your location. We reserve the right to make changes, corrections, and/or improvements to the Mobile Application at any time without notice.
The Content available on the Mobile Application, such as software, graphics, images, text, sound recordings, audiovisual works, and other materials, is provided by us or on our behalf, and is protected by copyright, trademark, and other laws. Unauthorized use of the Content may infringe on these rights. You are not entitled to any rights in or to the Content, except as permitted under this Agreement. You may not reproduce, modify, display, distribute, publicly perform, make a derivative work, sell, or otherwise use the Content for any public or commercial purpose without our prior written consent.
You must preserve all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. Posting or using the Content on any other website or computer network is strictly prohibited. If you breach any provision of this Agreement, your permission to use the Content and Mobile Application automatically terminates, and you must destroy any copies of the Content in your possession. Our trademarks, service marks, and logos on the Mobile Application are registered and unregistered trademarks or service marks owned by us. Any other product or service names on the Mobile Application may be trademarks or service marks owned by others. You may not use any Trademarks without our prior written permission for each such use, and none of the Content may be retransmitted without our express, written consent for every instance.
You agree to protect, indemnify, and hold us, our officers, directors, employees, successors, licensees, and assigns harmless from any claims, actions, or demands, including reasonable legal and accounting fees, resulting from your violation of this Agreement or your inappropriate use of the Mobile Application or the Content. We will inform you of any such claim, lawsuit, or proceeding and provide you with assistance, at your expense, in defending against any
Term. The Services provided to you may be cancelled or terminated by us with or without cause upon written notice. Termination of these Terms will also terminate all of your Services subscriptions. Upon termination of these Terms, we will cease providing the Services and you will not be entitled to any refunds or pro-rata fees. Any fees owed to us will become due and payable in full, and we may delete your archived data within 30 days. Certain provisions, such as indemnification and warranty disclaimers, will survive termination.
This Agreement constitutes the entire agreement between the parties regarding the subject matter contained herein.
Under the Australian Consumer Law, certain guarantees and warranties are implied in consumer contracts, and these cannot be excluded, restricted, or modified. In the event that the Mobile Application or our services fail to meet any of these guarantees or warranties, you may have rights to a remedy under the Australian Consumer Law. Nothing in these terms seeks to limit your rights under the Australian Consumer Law.
If our services fail to comply with any consumer guarantees under the Australian Consumer Law, you may be entitled to a remedy, which may include repair, replacement, or refund of the services, or compensation for any reasonably foreseeable loss or damage. The specific remedy available will depend on the nature of the failure and whether it can be remedied.
To the extent permitted by law, our liability for any breach of a consumer guarantee, warranty, or statutory obligation under the Australian Consumer Law is limited to one or more of the following: (a) the replacement of the services or the supply of equivalent services; (b) the repair of the services; (c) the payment of the cost of replacing the services or of acquiring equivalent services; or (d) the payment of the cost of having the services repaired. This clause does not apply to any rights or remedies you may have under the Australian Consumer Law that cannot be lawfully excluded or limited.
If you have a complaint or concern regarding our services, you should contact us in the first instance. We will make all reasonable efforts to address and resolve your complaint in accordance with the Australian Consumer Law and any other applicable laws. If we are unable to resolve your complaint within a reasonable period, you may escalate the matter to the relevant consumer protection agency or tribunal in your jurisdiction, as provided under the Australian Consumer Law.
The terms herein will be governed by and construed under the law of Australia without giving effect to any principles of conflicts of law. The Courts of Australia shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.
We will have no liability for any failure to perform our obligations under these Terms if such non-performance arises as a result of an event beyond our reasonable control, such as an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion.
We reserve the right to assign or transfer this agreement to any third party without your consent.