Terms of Service

Last updated: 29 Mar 2016

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://recipeshelf.com.au website (the “Service”) operated by Recipe Shelf (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

A valid payment method, including Credit Card or PayPal, is required to process the payment for your Subscription. You shall provide Recipe Shelf with accurate and complete billing information and valid payment method information. By submitting such payment information, you automatically authorize Recipe Shelf to charge all Subscription fees incurred through your account to any such payment instruments.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Recipe Shelf cancels it. You may cancel your Subscription renewal either through your online account management page for a Credit Card Subscription or through PayPal for a PayPal Subscription.

Should automatic billing fail to occur for any reason, Recipe Shelf will issue a notice indicating that you must update your credit card, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. For PayPal subscriptions, PayPal will manage failed payments and you should contact PayPal to resolve the issue.

Stripe:

This section applies when you choose to pay for your subscription through Credit Card.

Recipe Shelf uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Recipe Shelf account. Recipe Shelf is a “Partner Application” as defined in the Stripe Terms of Service.

By using Recipe Shelf and agreeing to the Recipe Shelf Terms of Service, You also agree to be bound by Stripe’s Terms of Service.

You expressly understand and agree that Recipe Shelf shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Recipe Shelf shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Recipe Shelf is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that Recipe Shelf uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Recipe Shelf liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Recipe Shelf account, or Your business.

You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your Recipe Shelf account.

PayPal:

This section applies when you choose to pay for your subscription through PayPal.

Recipe Shelf uses the 3rd party payment platform, PayPal, the PayPal API, and in conjunction, your PayPal account to process PayPal transactions for your Recipe Shelf account.

By using Recipe Shelf and agreeing to the Recipe Shelf Terms of Service, You also agree to be bound by PayPal’s Terms of Service.

You expressly understand and agree that Recipe Shelf shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by PayPal. You agree that Recipe Shelf shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including PayPal.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or PayPal. Recipe Shelf is not liable for loss or damage from errant or invalid transactions processed with Your PayPal account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that Recipe Shelf uses the PayPal API to run the Service and that the PayPal API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Recipe Shelf liable for any adverse affects that actions (whether intentional or unintentional) on the part of PayPal may cause to Your PayPal account, Your Recipe Shelf account, or Your business.

Fee Changes

Recipe Shelf, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Recipe Shelf will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Recipe Shelf on a case-by-case basis and granted in sole discretion of Recipe Shelf.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You hereby agree to not transfer, or cause to be transferred, to us any of the following types of data: Social Security number; tax ID number; credit card number or financial account number; date of birth; driver’s license, passport or other government identification number; login credentials; medical information; biometric data; sensitive data (as that term is defined by the Data Protection Directive); protected health information (as that term is defined under the Health Insurance Portability and Accountability Act and its implementing regulations, as amended); any nonpublic personal information (as defined by the Gramm-Leach-Bliley Act); or any data subject to data breach notification obligations under state, federal or other law.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Recipe Shelf and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Recipe Shelf.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Recipe Shelf.

Recipe Shelf has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Recipe Shelf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Recipe Shelf, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Recipe Shelf its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.