Terms of Use

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms of use (“Terms of Use”) (together with the documents they refer to) tell you the terms on which you may make use of Cookandrecipe’s official website (”Site”) or mobile application (”App”). Use of Site or App includes accessing, browsing, or registering to use Site or App.

This Site and App are operated by Cookandrecipe team and its affiliates (being entities controlling, controlled by or under common control with Cookandrecipe Team) When we use the terms “we”, “us” “our” or “Cookandrecipe”, we refer to Cookandrecipe Team and its affiliates.

By using our Site or App, you confirm that you accept and agree to comply with these Terms of Use set out below. If you do not agree to these Terms of Use, you must not use our Site or App.

1. APPLICABLE NOTICES

The following additional notices (“Applicable Notices”) also apply to your use of our Site or App:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • Our Cookie Policy, which sets out information about the cookies on our Site or App.
  • Our Community Guideline, which set out the permitted uses and prohibited uses of our Site or App.

2. INFORMATION ABOUT US

Cookandrecipe is registered in Indonesia.

If you have any question or complaint about our Site or App, or in any respect about Cookandrecipe, please contact us at: cookandrecipe@gmail.com

3. INFORMATION ABOUT OUR SITE AND APP

Our Site and App provide you with an ability to share recipes with other users of our Site and App, and browse other users’ recipes (the “Cookandrecipe Service”). Except for optional Premium Services that we offer (see Section 7), the Cookandrecipe Service is made available free of charge.

Our Site is designed to work on modern web browsers such as Internet Explorer, Safari, Google Chrome and Firefox, on major operating systems, and our App is published on the iOS and Android platforms. Features and compatibility may vary between web browsers, operating systems and platforms. Our Site and App may not be compatible with other computer hardware or operating systems.

We may use third party service providers in the provision of the Cookandrecipe Service or in fulfilling our obligations under these Terms of Use from time to time.

We do not warrant that our Site or App, any content on them, or services as may be provided by such third party service providers, will be free from errors or omissions.

4. IMPORTANT INFORMATION REGARDING RECIPES

All recipes on our Site or App are provided for general information only and published by other users, like you, and not by Cookandrecipe. Cookandrecipe does not screen or check recipes before they are posted, so there may be some inappropriate, incorrect or unsafe recipes, ingredients or cooking methods. The recipes, comments and other information provided on our Site or App are not intended to amount to advice on which you should rely, and any use of or reliance on any recipe of other content provided on our Site or App is at your own risk.

Cookandrecipe makes no representations, warranties or other commitments, whether express or implied, about the accuracy, quality, safety or fitness for purpose of recipes published on the Cookandrecipe Service.

Therefore:

  • you should verify any unusual or novel ingredients or methods in a recipe by referring to other sources;
  • you should comply at all times with any food safety notices or bulletins issued by your local government authority and you should not expect the Cookandrecipe Service to note or explain risks contained in food preparation, method or techniques of cooking or consumption of certain food; and
  • if you are not an experienced cook, we advise that you take instruction from an experienced cook, or other appropriate authority, when using recipes from the Cookandrecipe Service, particularly in respect of health and safety.

If you have any comments or concerns about any recipes or other content on the Cookandrecipe Service or, if you believe that your copyrighted work has been infringed or are aware of other infringing, illegal or inappropriate material, please contact us at: cookandrecipe@gmail.com

5. USER REGISTRATION

With regard to our Site, you may visit and view the recipes without registration as a guest (“Guest”). However, you will have access to more features of the Cookandrecipe Service if you create account through user registration. If you wish to register for the use of the Cookandrecipe Service, you shall either complete the required account information as may be requested by us through submitting the application in such format as may be specified by us from time to time, or sign up by third party account (e.g. Facebook, Google).

We will conduct the necessary checks on the registration prior to or after the registration process and once we accept, you are registered as registered user (“Registered User”).

We reserve the right to erase your account and/or to deny the use of the Cookandrecipe Service by you in whole or in part in any of the following circumstances:

  • you do not exist;
  • you do not have an email address that could receive emails;
  • you breach of the Terms of Use;
  • you have or appear to have intentionally provided false information to us.
  • you are a minor and have not submitted the account information with the approval of a parent or guardian;
  • to respond to actual or potential threats to our business (such as cyber-security threats), or unwelcome or dangerous practices or behaviours in our community; or
  • for any of the reasons set out in Section 17 below.

6. YOUR ACCOUNT AND PASSWORD

If you choose to become Registered User, you must treat your account information as confidential. You must not disclose it to any third party. You accept full responsibility and liability for all activities that occur under your account.

We have the right to disable any account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your account, you must promptly notify us at help@cookandrecipe.com

7. PREMIUM SERVICES FEES

Subscription Fees. We may provide an optional subscription fee-based service (“Premium Service”) in certain countries. If the Premium Service is available in your area, the fees for the Premium Service will be set out on our Site or in our App (“Subscription Fees”). The Subscription Fees may vary according to your location or your place or residence. The Subscription Fees for the Premium Service are paid on a monthly basis with no long-term contract.

Payment.At the time of subscribing to the Premium Service, you will be asked to pay the Subscription Fee by a payment method as may be designated by us or our payment processor time to time. You can subscribe the Premium Service from the apps (Android / iOS). By providing us or our payment processor with the details of a payment method, you (i) represent that you are authorised to use the payment method that you provided; (ii) represent that any payment information you provide is true and accurate; and (iii) authorise us or our payment processor to take payment of the Subscription Fees on a recurring monthly basis until your subscription to the Premium Service is cancelled by you as described in Section 8, or is terminated by us in accordance with these Terms of Use. You must keep the details for your chosen payment method up to date, and ensure there are enough funds to cover the cost of the Subscription Fees. To change your payment information, please refer to the following pages: Android / iOS. If you submit updated information regarding your payment method, you agree to permit us and our payment processor to use the updated information to collect payment from you. Changes made to your payment information will not apply to Subscription Fees that were already submitted for payment.

Third-Party Charges. We or our payment processor are not responsible for any charges or fees imposed by your bank, credit or debit card issuer, or other account provider on payment of the Subscription Fees or any costs that may be incurred as a result of failed attempts to take such payment. We or our payment processor may re-attempt to take payment at any time. If we cannot take successful payment we may terminate or suspend your use of the Premium Service, however you will still owe us Subscription Fees up until the point of termination or suspension and (in the case of suspension) for the period during which your account is suspended, to the extent permitted by applicable laws. We or our payment processor may contact you if your bank, card issuer or other account provider declines payment of the Subscription Fees or refuses to authorise a recurring payment for the Subscription Fees.

Changes to the Fees. We may increase or decrease the Subscription Fees at any time in our sole discretion (including the introduction of charges for aspects of the Premium Service that were previously provided at no extra cost) and in that case, we will make reasonable efforts to notify you before the price change, such as by sending you email or by a message displayed through the Cookandrecipe Service. If you do not agree to the changed Subscription Fees, your sole remedy is to cancel your subscription to the Premium Service. If you do not cancel your subscription, then you will be deemed to have accepted the change and we will start charging the amended fee.

8. CANCELLATION OF PREMIUM SERVICE

To cancel your subscription to our Premium Service, please refer to the following pages: Android / iOS. Cancellation will take effect at the end of the then-current monthly billing period. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SUBSCRIPTION FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL MONTHLY BILLING PERIODS.

9. CONTENTS OWNER AND RIGHTS YOU LICENSE

We do not claim ownership of any recipes, photographs, graphics, comments, information, data, text or other materials you upload or post on our Site or App (“Contents”).

However, when you upload Contents including your recipe to our Site or App, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute (including without limitation by sub-licensing to third parties) such Contents or derivatives of them in any and all media or distribution methods (now known or later developed) for any and all business activities of us. Without limiting the foregoing, you agree that:

  1. this license includes the right for us to provide promote and commercially exploit such Contents uploaded to our Site or App in any means, manner or form to or with other users or persons who partner with us for the distribution or publication of such Contents on other media and services;
  2. such additional uses by us, other users of our Site or App and other persons who partner with us for the distribution or publication of your Contents may be done with no compensation paid to you with respect to Contents that you upload to our Site or App; and
  3. you irrevocably waive all moral rights (and all similar rights in other jurisdictions) which you have or will have now or in the future in respect of your Contents.

10. INTELLECTUAL PROPERTY RIGHTS

Except for your own uploaded Contents including your recipes, all intellectual property rights in the Cookandrecipe Service and all materials on our Site or App, including without limitation, design, graphics, text, pictures, software, other files and the selection and arrangement thereof (collectively, “Materials”) are owned by us and/or our licensors.

We give you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Cookandrecipe Service for your personal, non-commercial use in accordance with these Terms of Use. All other rights are expressly reserved.

Therefore:

  • You must not use any part of the Materials on our Site or App for commercial purposes without obtaining an explicit consent to do so from us and/or (if applicable) our licensors.
  • You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • 〈 You must not use Materials outside our Site or App, especially by deleting any identified contributors’ status as the authors of Materials on our Site or App.

11. CODE OF CONDUCT

You agree, undertake and represent that you shall not:

  1. infringe intellectual property rights of third parties, including without limitation, intellectual property rights such as copyright and trademark, of us, other users or third parties;
  2. infringe the property rights, privacy rights and image rights of us, other users or third parties;
  3. disclose information, such as the name, mailing address, telephone number and email address of a specific individual without authorisation, and by which any third party is able to identify the said individual;
  4. register multiple email addresses to obtain multiple accounts, while being a single user;
  5. obtain an account on behalf of a Registered User whose account has been suspended or terminated;
  6. discriminate against, defame or damage the reputation and credibility of other users or third parties;
  7. alter and/or erase Materials made available through the Cookandrecipe Service;
  8. impersonate us, other users or third parties (including doctoring email headers for the purpose of falsifying the source of email headers and the identity of the sender);
  9. transmit computer programmes or viruses that are harmful or cause other users or third parties to receive such programmes or viruses;
  10. accessing without authorisation, or conducting port scans, denial of service attacks, or spamming the facilities of other users or third parties or the facilities used by the Cookandrecipe Service (including, without limitation, telecommunication facilities, computers and other equipment, as well as software that is used in the provision of the Cookandrecipe Service by us) and/or causing or attempting to cause interference with the use or operation of such facilities;
  11. transmit, without authorisation, email that are advertisement or promotion or solicitation or that are of a repulsive nature (including spam); obstruct the receipt of email by other users or third parties; request the transmission of chain emails and/or transmission of chain emails in accordance with such requests;
  12. circulate information, equipment and software that are used for the purpose of disabling or circumventing the access control function of servers and other facilities;
  13. reproduce, modify, disassemble, reverse engineer or analyse the samples or software contained in the Materials (except to the extent permitted by law, and you agree to give notice to us in such circumstance);
  14. obtain account information without authorisation or through fraud (including, without limitation, by phishing or similar methods);
  15. use the Cookandrecipe Service for commercial activities, for profit and in anticipation of profit, unless prior written approval has been obtained from us;
  16. use the Cookandrecipe Service for election campaign or other political activities;
  17. use the Cookandrecipe Service in contravention of applicable laws and regulations;
  18. hinder the operation of the Cookandrecipe Service or hinder the exchange or sharing of Contents contributed by other users or third parties; or cause damages or losses to us, other users or third parties by damaging their credibility or infringing their intellectual property rights;
  19. cause significant hindrance to the operations of our business through repetitive, frivolous or vexatious enquiries or emails, which are beyond our obligations and/or are unreasonable;
  20. breach the Terms of Use; or impede public order and morality (including, without limitation, by transmitting or displaying Contents that may promote and induce violence, illegal images or suicide);
  21. establish a link to our Site or App in order to encourage any of the actions, including those by third parties, described hereinabove;
  22. contravene such other requirements that we may impose from time to time at its sole and absolute discretion;
  23. use the Cookandrecipe Service in a manner that Cookandrecipe deems unsuitable or inappropriate. Cookandrecipe will refer to factors such as the typical use of Cookandrecipe Service by the majority of its users, and general industry practice, when determining whether such use is unsuitable or inappropriate.

12. AUTOMATED IMAGE SCANNING

As an optional feature, Cookandrecipe may offer automated image classification that assists you in uploading food-related images. If you choose to use this optional feature, the images available on your device will be sent to our servers and automatically scanned using automated image recognition software that attempts to identify which of your images are food-related. The images tentatively identified as food-related will be presented to you on your private page at our App, which you only have access to. You can manually remove unwanted images presented on the private page. Any images that are not identified as food-related, or that you removed manually, will be deleted from Cookandrecipe’s servers.

13. RESPONSIBILITY FOR CONTENTS

You are solely responsible for the Contents that you post, upload, and/or publish using the Cookandrecipe Service. We do not review or screen any of your Contents before those Contents appear or are shared.

You represent and warrant that:

  • any Contents you post or publish comply with these Terms of Use;
  • you have the right to use, upload, post or publish Contents to our App or Site and grant the licences to us as set out in Section 9;
  • the use by Cookandrecipe of the Contents you uploaded, posted or published will not violate the rights of any third parties.

You agree and acknowledge that:

  • we will not be responsible, or liable to any third party, for the Contents or accuracy of any Contents posted by you or any other user of our Site or App, to the extent permitted by applicable laws.
  • we have the right to remove any posting you make on our Site or App at our sole discretion, including without limitation; if, in our opinion, your post does not comply with these Terms of Use or if we believe that it is necessary to protect ourselves, other users or any third party;
  • you are solely responsible for securing and backing up your Contents.

14. CHANGES TO THESE TERMS

We may revise these Terms of Use including Applicable Notices (“Changes”) at any time by amending this page in case:

  • of any changes in applicable laws and regulations;
  • of any changes in the specification or operation of the Cookandrecipe Service;
  • of any changes to Cookandrecipe group policy or internal regulations;
  • of any changes to the service specification or policy of external third party services used by Cookandrecipe or connected to the Cookandrecipe Service;
  • of any changes to the business environment in which Cookandrecipe operates;
  • it is necessary to respond to actual or potential threats to our business (such as cyber-security threats), or unwelcome or dangerous practices or behaviours in our community;
  • it is necessary to clarify or make a correction of any part of these Terms of Use including Applicable Notices; or
  • of other, unanticipated, situations that may require us to revise these Terms of Use including Applicable Notices;

Other than the above cases, we reserve the right, at our sole discretion, to revise or amend these Terms of Use including Applicable Notices, where we believe reasonably necessary. Please check this page from time to time to take notice of any such Changes that we make, as they are binding on you, unless you terminate your account. We may notify you of material Changes, including by a posting when you visit our Site or App or by email to the email address registered upon your account registration.

If you continue to use Cookandrecipe Service after a Change is made, you are agreeing to the Changes. If you do not accept a Change: (i) if you are a Guest or Registered User as described in Section 5, please stop using Cookandrecipe Service or (ii) if you are a user of Premium Service as described in Section 7, you must terminate your subscription within thirty (30) days after we notify you of the Change (or you become aware of it, if earlier).

If you cease to use the Cookandrecipe Service or terminate the Premium Service (as applicable) in accordance with the previous paragraph, the relevant Changes will not be binding on you. Please note that, even if the Changes are not binding on you, if you fail to terminate your subscription by your next renewal date, you will be charged a subscription fee for the following month’s service.

15. CHANGES TO OUR SITE OR APP AND COOKANDRECIPE SERVICE

We may update our Site or App from time to time, and may change the Materials at any time. Further, we reserve the right to change and improve the features and functionality of the Cookandrecipe Service at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Cookandrecipe Service. If we intend to remove any material functionality of the Premium Service to which you subscribe, we will do our best to give you reasonable advance notice. Please note that any of the Material on our Site or App may be out of date at any given time, and we are under no obligation to update it.

16. TEMPORARY OR PERMANENT SUSPENSION OF COOKANDRECIPE SERVICE

We do not warrant that Cookandrecipe Service, or any Materials on the Site and App will always be available or be uninterrupted. We may suspend, withdraw, or discontinue all or any part of Cookandrecipe Service without notice. We will not be liable to you if for any reason our Cookandrecipe Service is unavailable at any time or for any period.

We may also suspend or cancel your access to or right to use the Cookandrecipe Service where we are withdrawing them, in which case we will do our best to give you reasonable advance notice.

17. RESTRICTION, SUSPENSION OR CANCELLATION OF USE

We may restrict, suspend or cancel your access to or right to use the Cookandrecipe Service without prior notice where we believe that;

  • you have breached these Terms of Use;
  • you have given us false information;
  • you are using Cookandrecipe Service illegally or in breach of any third party’s rights;
  • you have not paid the Subscription Fees for Premium Service;
  • it is necessary to protect ourselves, other users or any third party;
  • it is likely that claims or proceedings may be brought against us by third parties due to circumstances that are connected to your use of Cookandrecipe Service;
  • it is not possible to establish contact with you through telephone, fax and/or email;
  • it is an emergency; and/or
  • it is necessary for operating Cookandrecipe Service.

Restriction, suspension or cancellation of the Cookandrecipe Service could result in a permanent loss of access to and use of certain aspects of the services, including your own uploaded Contents, even if you later re-register or re-subscribe to the Cookandrecipe Service.

18. LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable laws.

Limited Liability to Premium Service Registered Users: We will only be liable to Registered User of the Premium Service provided through our Site or App for any direct loss or damage arising (whether in contract, tort including negligence, breach of statutory duty, or otherwise) under or in connection with their use of the Premium Service through our Site or App to the extent that such loss or damage is a direct result of Cookandrecipe’s breach of its obligations under these Terms of Use, up to a maximum aggregate limit of the Subscription Fees paid by that Registered User to us in respect of the Premium Service.

Except as set out in the previous paragraph marked “Limited Liability to Premium Services Registered Users”: We will not be liable to any user of our Site or App, or any third party whatsoever, for any direct or indirect loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Cookandrecipe  Service. In particular, and without limiting the foregoing paragraph of this Section, we will not be liable for any loss or damage attributable to loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage arising under or in connection with:

  1. any errors or omissions in any recipe or other Materials;
  2. use of or reliance on any Materials displayed on our Site or App;
  3. any unauthorised access to or use of our secure servers or any and all non-secured personal information;
  4. any interruption or the cessation of transmission to or from our Site or App;
  5. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes , data or other proprietary material due to your use of our Site or App or to your downloading of any Materials on it, or on any website linked to it;
  6. the content of websites linked on our Site or App; or
  7. third party demands, assertions, claims, suits, actions or other proceedings brought against you from other users, alleging that your Contents infringes any third party’s intellectual property rights, or misappropriates a third party’s confidential information;

19. INTERNET CONNECTIVITY

In order to use our Site and our App, your device will need a connection to the internet. You are solely responsible for obtaining, at your own expense, any hardware, software, and third-party services (such as a wireless service plan purchased through a telecommunications service provider) necessary to connect your device(s) to the internet, including any data transfer fees that may be imposed by your chosen service provider and which, if you choose to upload large amounts of data such as image files, may be substantial.

20. THIRD PARTY LINKS AND RESOURCES IN OUR SITE OR APP

Where our Site or App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

21. THIRD PARTY RIGHTS

The parties intend that no person who is not party to these terms shall have any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms of Use. No consent of any third party is required to vary these terms.

22. APPLICABLE LAW

You will resolve any claim, cause of action or dispute (“Claims”) you have with us arising out of or relating to this Terms of Use exclusively in the courts of Indonesia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Claims. The English law will govern this Terms of Use, as well as any Claims that might arise between you and us, without regard to conflict of law provisions.

23. TRADEMARKS

“Cookandrecipe” and the Cookandrecipe logo are registered trademarks of cookandrecipe.com in Indonesia, and certain other jurisdictions.

24. CONTACT US

To contact us, please email cookandrecipe@gmail.com


About these Terms of Use

In the event that any provisions of this Terms of Use is found by a court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity shall not render this Terms of Use unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such enforceable or invalid provision within the limits of applicable law or court decisions. Therefore, if you reside in a country which does not apply English law to some type of dispute, then your country’s laws will apply to such disputes related to this Terms of Use and if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Indonesia, then your local jurisdiction and venue will apply to such disputes related to this Terms of Use.

If this Terms of Use is translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof.