WEBSITE SERVICE AGREEMENT/TERMS OF USE

The https://forknknife.com.au/ is an Australian website and is owned by Chef Daniel Pty Ltd trading as Fork ‘N’ Knife Catering. These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. Further terms and conditions may accompany other transactions between you and Chef Daniel Pty Ltd and you will be notified on a case by case basis.

No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.

We are: Chef Daniel Pty Ltd trading as Fork ‘N’ Knife Catering, ABN: 89 602 950 827 

Our address is: 61 Masons Parade, Point Fredrick, 2250, NSW, Australia.

You are: a visitor to Our Website / Our Customer

ACCEPTANCE OF TERMS

The services that Chef Daniel Pty Ltd provides to User is subject to the following Terms of Use (“TOU”). Chef Daniel Pty Ltd reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the ” Orders & Shipping – Privacy Policy – Refunds & Returns – Terms Of Use” hypertext link located at the bottom of our Web pages.

• This Agreement, which incorporates by reference other provisions applicable to use of https://forknknife.com.au/, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in https://forknknife.com.au/, sets forth the terms and conditions that apply to use of https://forknknife.com.au/ by User. By using Chef Daniel Pty Ltd (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use https://forknknife.com.au/ is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
• Chef Daniel Pty Ltd shall have the right at any time to change or discontinue any aspect or feature of https://forknknife.com.au/, including, but not limited to, content, hours of availability, and equipment needed for access or use.

CHANGED TERMS

Chef Daniel Pty Ltd shall have the right at any time to change or modify the terms and conditions applicable to User’s use of https://forknknife.com.au/, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on https://forknknife.com.au/, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of https://forknknife.com.au/ by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

DESCRIPTION OF SERVICES

Through its Web property, Chef Daniel Pty Ltd provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

USER CONDUCT

• User shall use https://forknknife.com.au/ for lawful purposes only. User shall not post or transmit through https://forknknife.com.au/ any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Chef Daniel Pty Ltd’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Chef Daniel Pty Ltd’s discretion restricts or inhibits any other User from using or enjoying https://forknknife.com.au/ will not be permitted. User shall not use https://forknknife.com.au/ to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Chef Daniel Pty Ltd.
• https://forknknife.com.au/ contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of https://forknknife.com.au/ are copyrighted as a collective work under the Australian copyright laws. Chef Daniel Pty Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Chef Daniel Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
• User shall not upload, post or otherwise make available on https://forknknife.com.au/ any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of https://forknknife.com.au/, User automatically grants, or warrants that the owner of such material has expressly granted Chef Daniel Pty Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Chef Daniel Pty Ltd the right to edit, copy, publish and distribute any material made available on https://forknknife.com.au/ by User.
• The foregoing provisions of Section 5 are for the benefit of Chef Daniel Pty Ltd, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing Chef Daniel Pty Ltd with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Chef Daniel Pty Ltd immediately of any unauthorized use of User’s account or any other breach of security. Chef Daniel Pty Ltd will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Chef Daniel Pty Ltd or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets, menu packages and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Chef Daniel Pty Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Chef Daniel Pty Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Chef Daniel Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Chef Daniel Pty Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

In no event shall Chef Daniel Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

MATERIALS PROVIDED TO Chef Daniel Pty Ltd OR POSTED AT ANY OF ITS WEBSITES

Chef Daniel Pty Ltd does not claim ownership of the materials User provide to Chef Daniel Pty Ltd (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Chef Daniel Pty Ltd, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their businesses (including, without limitation, all Chef Daniel Pty Ltd Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. Chef Daniel Pty Ltd is under no obligation to post or use any Submission a User may provide and Chef Daniel Pty Ltd may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

• User expressly agrees that use of https://forknknife.com.au/ is at user’s sole risk. Neither Chef Daniel Pty Ltd, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that https://forknknife.com.au/ will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of https://forknknife.com.au/, or as to the accuracy, reliability or content of any information, service, or merchandise provided through https://forknknife.com.au/.
• https://forknknife.com.au/ is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
• This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that Chef Daniel Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
• In no event will Chef Daniel Pty Ltd, or any person or entity involved in creating, producing or distributing https://forknknife.com.au/ or the Chef Daniel Pty Ltd software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use https://forknknife.com.au/. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
• In addition to the terms set forth above neither, Chef Daniel Pty Ltd, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within https://forknknife.com.au/, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
• Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

LINKS TO THIRD PARTY SITES

The links in various areas will let you leave Chef Daniel Pty Ltd’s site. The linked sites are not under the control of Chef Daniel Pty Ltd is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Chef Daniel Pty Ltd is not responsible for webcasting or any other form of transmission received from any linked site. Chef Daniel Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chef Daniel Pty Ltd of the site.

Chef Daniel Pty Ltd is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Chef Daniel Pty Ltd has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of https://forknknife.com.au/, are those of the respective author(s) or distributor(s) and not of Chef Daniel Pty Ltd. Neither Chef Daniel Pty Ltd nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through https://forknknife.com.au/ represents the opinions and judgments of the respective information provider, User, or other user not under contract with Chef Daniel Pty Ltd. Chef Daniel Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on https://forknknife.com.au/ by anyone other than authorized Chef Daniel Pty Ltd employee spokespersons while acting in their official capacities. Under no circumstances will Chef Daniel Pty Ltd be liable for any loss or damage caused by a User’s reliance on information obtained through https://forknknife.com.au/. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Chef Daniel Pty Ltd. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

UNSOLICITED IDEA SUBMISSION POLICY

Chef Daniel Pty Ltd or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Chef Daniel Pty Ltd’s products or marketing strategies might seem similar to ideas submitted to Chef Daniel Pty Ltd. So, please do not send your unsolicited ideas to Chef Daniel Pty Ltd or anyone at Chef Daniel Pty Ltd. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Chef Daniel Pty Ltd makes no assurances that your ideas and materials will be treated as confidential or proprietary.

MONITORING

Chef Daniel Pty Ltd shall have the right, but not the obligation, to monitor the content of https://forknknife.com.au/, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Chef Daniel Pty Ltd and to satisfy any law, regulation or authorized government request. Chef Daniel Pty Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on https://forknknife.com.au/. Without limiting the foregoing, Chef Daniel Pty Ltd shall have the right to remove any material that Chef Daniel Pty Ltd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Chef Daniel Pty Ltd, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Chef Daniel Pty Ltd by User or User’s Account.

TERMINATION

Either Chef Daniel Pty Ltd or User may terminate this Agreement at any time. Without limiting the foregoing, Chef Daniel Pty Ltd shall have the right to immediately terminate User’s Account in the event of any conduct by User which Chef Daniel Pty Ltd, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

MISCELLANEOUS

This Agreement and any operating rules for https://forknknife.com.au/ established by Chef Daniel Pty Ltd constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The agreement shall not be modified, except in writing, signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the New South Wales of Australia & Victoria exclusive of its choice of law principles. The NSW courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal importance.

COPYRIGHT NOTICE

Chef Daniel Pty Ltd warrants its logos are trademarks of Chef Daniel Pty Ltd Ltd. All rights reserved. All other trademarks appearing on Chef Daniel Pty Ltd are the property of their respective owners.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

PRODUCT DISCLAIMER

Chef Daniel Pty Ltd strives to provide you with useful, accurate, and timely information regarding our products on this website. Accordingly, Chef Daniel Pty Ltd has attempted to provide accurate information and materials on this website about its products but assumes no responsibility for the accuracy and completeness of that information or materials. Chef Daniel Pty Ltd may change the content of any information or materials available at this website, or to the products described in them, at any time without notice.

However, Chef Daniel Pty Ltd makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Chef Daniel Pty Ltd. Neither Chef Daniel Pty Ltd, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Chef Daniel Pty Ltd’s website. Chef Daniel Pty Ltd reserves the right to revise these terms and/or legal restrictions at any time.

PRODUCT DEFINITION:

“THE PRODUCT” means any food, beverage or associated service relating to the provision of as provided by Chef Daniel Pty Ltd.

WEBSITE LEGAL NOTICE

© Copyright Chef Daniel Pty Ltd. 2020. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Chef Daniel Pty Ltd.