Intertain Pty Ltd (hereafter referred to as "Intertain", "we", "us", or "our") provides an online platform through which Chefs may create Listings for Chef Services and Clients may learn about and book Chef Services (collectively, the “Services”).
The Services are accessible at www.intertain.com.au and any other websites through which Intertain makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
Intertain is not a party to any agreement(s) entered into between Chefs and Clients, nor is Intertain an agent or insurer.
Intertain has no control over the conduct of Chefs, Clients, guests or other users of the Site, Application and services and disclaims all liability in this regard.
Your access and use of the Site and Application constitutes your agreement to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Intertain.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
Intertain Content means all Content that Intertain makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
Collective Content means Member Content and Intertain Content.
Content means any and all text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Client means a Member who requests a booking of a Chef Service via the Site, Application or Services, or a Member who partakes in Chef Services and is not the Client for such Services.
Chef means a Member who creates a Listing via the Site, Application and Services.
Listing means a Service or Services that are listed by a Chef as available for hire via the Site, Application, and Services.
Member means a person who completes Intertain’s account registration process, including, but not limited, to Chefs and Clients, as described under “Account Registration” below.
Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Tax or Taxes mean all direct and indirect taxes, goods and services taxes (GST) and other similar local, state, and Commonwealth indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
Intertain reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.
If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification.
By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Chefs and other culinary services (“Services”). Such Services are included in Listings on the Site, Application and Services by Chefs. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Service or create a Listing, you must first register to create an Intertain Account (defined below).
Intertain is not an owner or operator of an agency, including, but not limited to, chefs, catering services, restaurants, food professionals or Services, nor is it a provider of properties, including, but not limited to, event venues, public halls, other lodgings or Services and Intertain does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control equipment and ingredients used by Chefs or Clients in the conduct of exchanging Services.
Intertain’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Chef for the purpose of accepting payments from Clients on behalf of the Chef.
PLEASE NOTE THAT THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SERVICES. INTERTAIN CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICES. INTERTAIN IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Service or create a Listing, you must register to create an account (“Intertain Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below.
As part of the functionality of the Site, Application and Services, you may link your Intertain Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Intertain through the Site, Services or Application; or (ii) allowing Intertain to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to Intertain and/or grant Intertain access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Intertain to pay any fees or making Intertain subject to any usage limitations imposed by such third party service providers.
By granting Intertain access to any Third Party Accounts, you understand that Intertain will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Intertain Account and Intertain Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, Personal Information that you post to your Third Party Accounts will be available on and through your Intertain Account on the Site, Services and Application.
Please note that if a Third Party Account or associated service becomes unavailable or Intertain’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Intertain Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
Intertain makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Intertain is not responsible for any SNS Content.
We will create your Intertain Account and your Intertain Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Intertain Account.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Intertain reserves the right to suspend or terminate your Intertain Account and your access to the Site, Application and Services if you create more than one (1) Intertain Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password and agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Intertain Account, whether or not you have authorised such activities or actions. You will immediately notify Intertain of any unauthorised use of your Intertain Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, past work history, ingredients, menus, availability of the Services and pricing and related rules and financial terms.
Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Services via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Client requests a booking of your Services, the price for such booking may not be altered.
You represent and warrant that any Listing you post and the booking of, or Client engagement, with Services in a Listing you post (a) contains true and accurate information regarding the Service (b) will not breach any agreements you have entered into with any third parties and (c) will (i) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Listing you post, including, but not limited to, any business licensing requirements, the Food Standards Code and Food Safety Program and (ii) not conflict with the rights of third parties. Please note that Intertain assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations.
Intertain reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Intertain, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
You understand and agree that Intertain does not act as an insurer or as a contracting agent for you as a Chef. If a Client requests a booking of your Services and retains your Services, any agreement you enter into with such Client is between you and the client; and Intertain is not a party thereto. Notwithstanding the foregoing, Intertain serves as the limited authorised agent of the Chef for the purpose of accepting payments from Clients on behalf of the Chef and is responsible for transmitting such payments to the Chef.
While Intertain may make attempts to verify users, through the collection of information pertaining to name, email/Facebook details, phone number, address and payment information, Intertain cannot guarantee the accuracy of the information provided to it.
If you are a Chef, Intertain makes certain tools available to you to help you to make informed decisions about which Members you choose to accept bookings from. You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you retain to provide your Services or are otherwise present at the place of Service at your request or invitation, excluding the Client (and the individuals the Client invites to the place of Services, if applicable.)
Intertain recommends that Chefs obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client invites to the Services, if applicable) while providing your Services.
Intertain does not endorse any Members or any Services. Although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Intertain is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Intertain with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
This limitation shall not apply to any claim by a Chef against Intertain regarding the remittance of payments received from a Client by Intertain on behalf of a Chef, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
Bookings and Financial Terms for Chefs
The fees displayed in each booking are comprised of the Services Fees (defined below) and the Credit Card Fee (defined below).
Where applicable, Taxes may be charged in addition to the Services Fees and Client Fees. The Services Fees, the Client Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”.
The amounts due and payable by a Client solely relating to a Chef’s Services are the “Chef’s Fee”. Please note that it is the Chef and not Intertain which determines the Chef’s Fees.
Intertain charges an additional Credit Card Fee to Clients based upon a percentage of applicable Chef’s Fees. The Credit Card Fees are added to the Chef’s Fees to calculate the Total Fees (which will also include applicable Taxes).
Intertain will collect the Total Fees at the time of booking confirmation and will initiate payment of the Chef’s Fees (less Intertain’s commission (defined below)) to the Chef within 24 hours of when the Chef provides the Services agreed upon.
Appointment of Intertain as Payment Agent for Chef
Each Chef hereby appoints Intertain as the Chef’s limited agent solely for the purpose of collecting payments made by Clients on behalf of the Chef. Each Chef agrees that payment made by a Client to Intertain shall be considered the same as a payment made directly to the Chef and the Chef will make the Services available to Client in the agreed upon manner as if the Chef has received the Chef’s Fees.
Each Chef agrees that, Intertain may, in accordance with the cancellation policy selected by the Chef and reflected in the relevant Listing, (i) permit the Client to cancel the booking and (ii) refund to the Client that portion of the Chef’s Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorised agent of the Chef, Intertain assumes no liability for any acts or omissions of the Chef.
Please note that Intertain does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Intertain reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Intertain will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Clients
The Chefs, not Intertain, are solely responsible for honouring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a Client, choose to enter into a transaction with a Chef for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Chef and agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Chef.
You acknowledge and agree that you, and not Intertain, will be responsible for performing the obligations of any such agreements, that Intertain is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Intertain disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that Intertain is not a party to the agreement between you and the Chef, Intertain acts as the Chef’s payment agent for the limited purpose of accepting payments from you on behalf of the Chef.
Upon your payment of amounts to Intertain which are due to the Chef, your payment obligation to the Chef for such amounts is extinguished, and Intertain is responsible for remitting such amounts, less Intertain’s Fees, to the Chef. In the event that Intertain does not remit any such amounts to a Chef, such Chef will have recourse only against Intertain.
Bookings for Services will specify the Total Fees. You agree to pay Intertain for the Total Fees for any booking requested in connection with your Intertain Account if such requested bookings are confirmed by the applicable Chef.
In order to establish a booking pending the applicable Chef’s confirmation of your requested booking, you understand and agree that Intertain, on behalf of the Chef, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card.
Once Intertain receives confirmation of your booking from the applicable Chef, Intertain will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Intertain cannot control any fees that may be charged to a Client by his or her bank related to Intertain’s collection of the Total Fees, and Intertain disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address, and credit card information either to Intertain or its third party payment processor.
You agree to pay Intertain for any confirmed bookings made in connection with your Intertain Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card.
You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Intertain or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.
Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.
In consideration for providing the Services, Intertain collects service fees from Chefs and Clients (“Service Fees”).
Service Fees are made up of two (2) components: (a) Credit Card Fees and (b) a fee that is charged to the Chef based upon a percentage of the amount of the Total Fees (“Chef Payment Fees”). Where applicable, Taxes may also be charged in addition to the Credit Card Fees.
Chef Payment Fees are deducted from the Total Fees before remitting the Chef’s Fees to the Chef, within 3 business days from time of service.
Credit Card Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Intertain to Chefs via check, PayPal, direct deposit or other payment methods described on the Site or via the Application. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Client, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the date of Services, the amount of refund you may be eligible for is:
- If the cancellation occurs 7 days or more prior to the date of the Services, Intertain will refund in full minus a 25% booking fee.
- If the cancellation occurs less than 7 days prior to the date of the Services, You will forfeit the entire cost of the booking.
- If a chef cancels a confirmed booking made via the Site, Services, and Application, (i) Intertain will refund the Total Fees for such booking to the applicable Client within a commercially reasonable time of the cancellation and (ii) the Client will receive an email or other communication from Intertain containing alternative Listings and other related information.
- If the Client requests a booking from one of the alternative Listings and the Chef associated with such alternative Listing confirms the Client’s requested booking, then the Client agrees to pay Intertain the Total Fees relating to the confirmed in the alternative Listing, in accordance with these Terms.
- If a Chef cancelled a confirmed booking and you, as a Client, have not received an email or other communication from Intertain, please contact Intertain at firstname.lastname@example.org.
In some instances, Clients may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before date of Services (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable.
If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorise Intertain, on behalf of the Chef, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
Some Chefs may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Chef does in fact make the donation he or she pledged to make.
Intertain cannot and does not offer Tax-related advice to any Members. Each Chef is responsible for determining the applicable taxes and acknowledges that the Total Fees charged for various listings is inclusive of all direct and indirect Taxes.
Intertain may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings.
If you (as a Client) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees if your booking is confirmed by a Chef.
The currency in which you will be charged will be determined by Intertain based on the payment method you select and the location in the Listing you are booking.
If the currency in which you will be charged is different from the currency chosen by the Chef to receive payment, Intertain will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Intertain has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”).
You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Intertain updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.
For the avoidance of doubt, Intertain will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Intertain makes payment to a Chef.
Responsibility for Damage
As a Chef, you are responsible for leaving any premises of Services in the condition it was in when you arrived. You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the premises of Service.
In the event that a Client claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- violate any local, state, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including but not limited to, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam");
- "stalk" or otherwise harass in any way any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Intertain Client or Chef;
- register for more than one Intertain Account or register for an Intertain Account on behalf of an individual other than yourself;
- contact a Chef for any purpose other than asking a question related to a booking, such Chef’s Services or Listings;
- contact a Client for any purpose other than asking a question related to a booking or such Client’s use of the Site, Application and Services;
- when acting as a Client or otherwise, recruit or otherwise solicit any Chef or other Member to join third party services or websites that are competitive to Intertain, without Intertain’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find a Chef or Client and then complete a booking of a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Intertain’s provision of the Services;
- as a Chef, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
- or post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Intertain’s name, any Intertain trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Intertain’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Intertain’s computer systems, or the technical delivery systems of Intertain’s providers;
- attempt to probe, scan, or test the vulnerability of any Intertain system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Intertain or any of Intertain’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Intertain has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- Intertain reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Intertain, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Intertain and its licensors.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Intertain Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Intertain grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Intertain Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Intertain or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, at our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Intertain a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services.
Intertain does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Intertain the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Intertain’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Intertain is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Intertain of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Intertain used herein are trade marks or registered trade marks of Intertain. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Intertain respects copyright law and expects its users to do the same. It is Intertain’s policy to terminate in appropriate circumstances the Intertain Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com . You acknowledge and agree that all Feedback will be the sole and exclusive property of Intertain and you hereby irrevocably assign to Intertain and agree to irrevocably assign to Intertain all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Intertain’s request and expense, you will execute documents and take such further acts as Intertain may reasonably request to assist Intertain to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination and Intertain Account Cancellation
We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Intertain Account.
Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you, but may set-off such amounts against any costs or expenses incurred by Intertain in the event of a breach of these Terms.
In the event Intertain terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Intertain Account you will remain liable for all amounts due hereunder.
You may cancel your Intertain Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org . Please note that if your Intertain Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Limitation of Liability
You acknowledge and agree that, to the extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your listing or booking from any listing via the Site, Application and Services and any contact you have with other users of Intertain remains with you.
Neither Intertain nor any other party involved in creating, producing, or delivering the Site, Application, Services or Collective Content will be held liable for any loss or damage arising in any way from your use of the Site, Application, Services or Collective Content.
Except for our obligations to pay amounts to applicable Chefs pursuant to these Terms, in no event will Intertain’s aggregate liability arising out of or in connection with these Terms exceed the amounts you have paid or owe for bookings via the Site, Application and Services in the 12 months prior to the event giving rise to the liability.
You agree to release, defend, indemnify, and hold Intertain and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Chef, (iii) creation of a Listing or (iv) use of the Services, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorised by Australian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. You also will not use the Site, Application and Services for any purpose prohibited by Australian law.
If as a client, you hire a chef OR as a chef, accept a booking from a client who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Intertain by contacting us with your police station and report number at email@example.com provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You may not assign or transfer these Terms, by operation of law or otherwise, without Intertain’s prior written consent. Intertain may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Intertain (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms shall be governed by and interpreted in accordance with the laws of the State of Victoria , Australia. You and we agree to submit to the non-exclusive jurisdiction of the courts of Victoria for all disputes arising from the use of the Site or Application.
The failure of Intertain to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Intertain. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions shall remain in effect.
The following sections survive any termination of this agreement: Bookings & Financial Terms, Taxes, User Conduct, Ownership, Indemnity, Limitation of Liability, Assignment and Notices.
If you have any questions about these Terms or any App Store Sourced Application, please contact Intertain at firstname.lastname@example.org.
These Terms constitute the entire and exclusive understanding and agreement between Intertain and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Intertain and you regarding bookings or listings of Services, the Site, Application, Services, Collective Content and Referral Program.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT INTERTAIN DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND CHEFS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED BESIDES THOSE IMPLIED AT LAW.
INTERTAIN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS,WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
INTERTAIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INTERTAIN OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CHEFS OR CLIENTS. YOU UNDERSTAND THAT INTERTAIN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW LISTINGS. INTERTAIN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND CHEFS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY INTERTAIN.
NOTWITHSTANDING INTERTAIN’S APPOINTMENT AS THE LIMITED AGENT OF THE CHEFS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE CHEFS, INTERTAIN EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT OR OTHER THIRD PARTY.
Last Updated: 1/07/2016