Last update: April 25, 2020

This Terms of Service (this “Agreement”, “Terms”) is between Tasty Kitchen (“we”, “us”, “System”, “Platform”, “Tasty Kitchen”, “TK”, or “Tasty.Kitchen”) and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service"). We provide you with access to our Platform to provide or watch classes, to sell or purchase products, to create online funnels, to manage your content, and to do customization of your content. We also provide hosting services and domains. By accessing any part of Tasty Kitchen Services, you are agreeing to these Terms and Conditions, our Privacy Policy, and our Cookie Policy, including updates to any of these. We may modify these Terms of Service at any time, and your use of our services after such modifications means you accept the current version of our Terms and Services, including modifications, as of the date that you use our services.

Listed below are the terms and conditions of using our System. They are necessary in order to maintain good practice and to protect us and yourselves.

1.Creating an account

To become a member, you need to provide your name, email and a password, and to agree to the terms and conditions listed below, as well as our Privacy Policy and our Cookie Policy. It is your responsibility and yours alone to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful, a misrepresentation, or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities from your account, the maintenance and confidentiality of the credentials to access that account.

You must immediately notify us if you know or have any reason to suspect that your Account or Password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

Accounts registered by any automated means (e.g. “bots”) will not be allowed. All users warrant that they are a minimum age of 16, and no users younger than 16 are allowed to use Tasty Kitchen Services.

2. Your Content (Paying Members)

2.1. You are responsible for any content that is in your pages or funnels, such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of Tasty Kitchen; it is your obligation to keep it safe and back-up your content regularly. We do not monitor what content has been used on our site and we are not to be held responsible for anyone breaking the terms and conditions, but we have the right to delete such harmful content or even terminate accounts if deemed necessary.

2.2. You warrant that you either own, or possess the required licenses or permissions with respect to, your content submitted by you to Tasty.Kitchen, including the right to authorize Tasty Kitchen to use your content as outlined in these terms and conditions.

2.3 We may choose to highlight or feature your information, photos, or videos in our website or funnels for marketing or promotional purposes. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Content, or any portion thereof, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Tasty Kitchen marketing and promotional activities. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites or Pages and any right of inspection or approval of any such use. This Section does not affect any rights you may have under applicable data protection laws.

2.4 You acknowledge that any content you post is publicly available, and may be viewed by anyone.

2.5 Through your Tasty Kitchen Pages or Funnels, you will not contribute any content that victimizes, degrades, intimidates or harasses individuals or groups of individuals in any way. You may not share damaging code, files, or viruses designed to tamper with our Services.. You will also not interfere with others’ use of the Service.

2.6 You will not use your Tasty Kitchen account to gain access to another network or server, or otherwise use your account to breach security of another account.

2.7 The videos and user content created using Tasty Kitchen may contain user content that is in violation of the permitted usage of the platform. We do not endorse or support such content. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.

3. Your Obligations

3.1. You certify and warrant that you are at least 16 years of age. People under the age of 16 are not permitted to use our services.

3.2. To keep your Tasty Kitchen account login information safe

3.3. To provide us with up to date, accurate and valid personal information

3.4. The content materials can not be used in unlawful or harmful ways.

3.5. You must notify us immediately if you become aware of any unauthorized use of your account.

3.6. Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, and must not infringe any person's legal rights.

3.7. You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way.

3.8. You may not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of Tasty Kitchen.

3.9. You may not try to hack, break or override the functions and stability of Tasty Kitchen or try to exploit the System in any way.

3.10. You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.

3.11. You may not use Tasty Kitchen for distributing, storing or, in any way, using the System for pornographic or adult content and services.

 3.12. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.

3.13. You can’t in any way try to harm the reputation of Tasty Kitchen, or their partners, by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of Tasty Kitchen.

3.14. You acknowledge and agree that If you are reasonably found guilty of violating any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having an account in the System.

3.15 Your activities, such as selling or purchasing products, and teaching or participation in a class are at your sole risk. You acknowledge that your participation in Tasty Kitchen Services (including, but not limited to, creating or viewing online classes) may expose you to a variety of risks and hazards, which include (without limitation) injury, property damage, and death. You take all responsibility for any costs and any risks that are in any way associated with participation in Tasty Kitchen Services. YOU HEREBY RELEASE TASTY KITCHEN FROM ANY CLAIMS OR DAMAGES OF ANY KIND, RELATED TO YOUR PARTICIPATION IN OUR CLASSES OR SERVICES. YOU UNDERSTAND AND AGREE THAT THIS ACKNOWLEDGEMENT OF RISK AND RELEASE IS BINDING UPON YOU, YOUR HEIRS, PERSONAL REPRESENTATIVES, AGENTS, ADMINISTRATORS AND ASSIGNS.

Obligations Specific to Paid Members

3.16. Content you contribute to Tasty.Kitchen must not contain material copyrighted by third parties, or content that is subject to third party proprietary rights without express permission from the rightful owner.

3.17. You warrant that you will not submit content to Tasty Kitchen that violates these terms and conditions, and that you understand that Terms and Conditions may be updated from time to time.

3.18. You verify that you accept all of these terms and conditions, including the Cancellation Policy listed in Section 11, when you purchase a membership with Tasty Kitchen.

3.19. Tasty Kitchen reserves the right to delete or suspend your membership privileges if at any time you violate these terms and conditions.

Obligations Specific to all Users

3.20. You are solely responsible for your own safety and well being, regardless of the content of classes you may view. Tasty Kitchen does not take responsibility in any way for methodologies or advice provided, demonstrated, or otherwise indicated in our classes.

3.21. Tasty Kitchen reserves the right to delete or suspend your membership privileges if at any time you violate these terms and conditions.

4. Third Party Services

Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you may interact with while using Tasty Kitchen. An example of such services is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

5. What we provide and our rights

We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, or to suspend and terminate access of your Account to parts or all of the services, and to change the eligible criteria of using the Services. 

6. Service Fees (Membership Fees)

6.1. Members may choose to pay $444.00 annually ($37.00 per month), or monthly ($49.00 per month).  Monthly subscriptions can be upgraded to annual subscriptions any time.

6.2 Members may request a full refund of membership fees, for 60 days from the date of joining Tasty Kitchen as a new member, when they don’t make sales through Tasty.Kitchen equal to their monthly fees (see Section 11 - Refund Policy).

6.3.. Membership service fees are applicable upon signing for the paid services of Tasty Kitchen. These can be paid monthly or yearly.

6.4. All Fees are in CAD and are exclusive of all taxes and you are responsible for payment thereof. Tasty Kitchen is not liable for any taxes or fees related with commercial products.

6.5. The payment for the applicable fee is in advance of your subscription period according to the Agreement.

6.6. Memberships can be upgraded at any time. If upgrading, you will be charged the difference between the two subscription plans for the extra services.

6.7. Refunds are not provided after 60 days of membership. Please refer to Section 11 - Refund Policy, in this document.

6.8. If you purchase Tasty Kitchen membership subscription services, you agree to Tasty Kitchen and third party services securely using and storing your credit/debit card information. You authorize us to charge you for any Tasty Kitchen Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

6.9. You are responsible for the fair usage of our site and you can be charged for abnormal server or traffic usage on our subscription plans. You will be charged for the resources used by your site.

6.10. Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.

6.11. Tasty Kitchen reserves the right to change fees or charges at any time.

7. Product and Other Fees

7.1. Product fees and Video Class fees are set by Paying Members. Product and class fees do not include required GST and PST (Canada).

7.2. Paying Members are responsible for all sales tax, income tax, and any other taxes associated with the sales income they collect.

8. Recurring Billing

Membership fees shall be billed at the start of your membership, and each month or year thereafter, unless and until you cancel your membership. Bill payments are taken automatically, using the Payment Method you have chosen.

9. Service Cancellation

Failure to comply with any of Tasty Kitchen’s terms or failure to pay due fees entitles Tasty Kitchen to cancel or suspend your account services and videos on our site.

You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to cancellation of services.

10. Termination

We reserve the right to change, suspend, discontinue, terminate, restrict or disable your use of, or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.

You can terminate your services at any time without a cause according to the cancellation procedures.

If the Agreement terms are invalidated it may result in penalties or immediate termination of services without payment refund in any way.

Upon termination, Tasty Kitchen has the right to delete all files, data or information associated with the terminated account.

11. Refund Policy

11.1. Tasty Kitchen has been designed to support local eating establishments, thereby offering a “No-Risk” application policy for new members. Specifically, for 60 days after joining Tasty Kitchen, Members can claim a full refund, if they have not made sales through Tasty.Kitchen equal to or greater than their membership fees paid at that time (prorated to monthly fees). E.g. If a restaurant who pays monthly membership fees has not made $98 in sales through Tasty.Kitchen in a 2-month period (2 X $49), they may request a refund of $98 (the amount they’ve paid). For an example of a restaurant who pays their membership annually, if they have not made $74 in sales through Tasty.Kitchen in a 2-month period (2 X $37), they may request a full refund of $444 (the annual amount they’ve paid).  

11.2. After 60 days of membership, there are no refunds on Memberships.

12. WARRANTY AND DISCLAIMER

Tasty Kitchen shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Tasty Kitchen or by third-party providers, or because of other causes beyond Tasty Kitchen’s reasonable control, but Tasty Kitchen shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, TASTY KITCHEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION; THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND TASTY KITCHEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. INDEMNITY

To the fullest extent permitted by law, you agree to indemnify and hold harmless Tasty Kitchen and its affiliates and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your e-commerce; (c) your violation of any law or regulation or the rights or good name of any third party; and (d) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Tasty Kitchen may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, to the extent that the consequences were not reasonably foreseeable.

14. LIMITATION OF LIABILITY

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Tasty Kitchen and its affiliates and its directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use OR CESSATION OR MODIFICATION OF ANY ASPECT OF TASTY KITCHEN’S SERVICES; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

You acknowledge and agree that these limitations of liability are AGREED ALLOCATIONS OF RISK constituting in part the consideration for Tasty Kitchen’s services to you, and such limitations will apply even if Tasty Kitchen has been advised of the possibility of such liabilities.

15. Modifications

Tasty Kitchen may make modifications and changes on the existing services or components and will use reasonable efforts to notify all its Customers about those changes. The changes are effective upon the date of the change. Tasty Kitchen shall not be liable for modifications and actions of third party services.

Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.

16. MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Tasty Kitchen’s prior written consent. Tasty Kitchen may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and states that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and The Customer does not have any authority of any kind to bind Tasty Kitchen in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by Canadian laws without regard to its conflict of laws provisions.