This User Agreement (the "Agreement" or "Terms") is a
binding contract between you and Pantry to Fork Pty Ltd
(ABN 63 281 974 991) ("Pantry to Fork", "we",
"us" or "our"), the operator of the Pantry to Fork
website and application (the "Service"). It governs your access to and
use of the Service.
Please read these Terms carefully. By creating an account, ticking the
box to accept these Terms, or otherwise accessing or using the Service, you confirm that
you have read, understood and agree to be bound by these Terms and by our
Privacy Policy and
Copyright & Takedown Policy, which are incorporated
into this Agreement by reference. If you do not agree, do not use the
Service.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or
remedy you have under the Competition and Consumer Act 2010 (Cth), including the
Australian Consumer Law ("ACL"), or any other law that cannot lawfully
be excluded. Where a right or guarantee cannot be excluded, our liability is limited to
the extent permitted by that law (see section 13).
1. Definitions
- "Account" — the account you register to use the Service. An Account is
held either by an individual or, as a "Business Account", by a company,
business or other legal entity.
- "Authorised Representative" — the individual who accepts these Terms
for, and is authorised to operate the Account on behalf of, a Business Account holder.
- "Content" — anything you submit, upload, post or display through the
Service, including recipes, recipe variants, titles, descriptions, ingredient lists,
instructions, images, ratings and comments.
- "Creator" — a user who publishes Content publicly and is eligible to
share in the Creator payout pool (see section 6).
- "Public Content" — Content you have chosen to make public so that it
is visible to other users and visitors.
- "Subscription" — a paid plan (Basic or Premium) as described in
section 5.
- "you" and "your" — the individual or entity that holds
the Account; for a Business Account, the entity that holds the Account and, where the
context requires, its Authorised Representative and the personnel it permits to use the
Account.
2. Eligibility and accounts
- Individuals. You must be at least 16 years old to
create an Account. If you are under 18, you may use the Service only with the involvement
and consent of a parent or guardian who agrees to these Terms on your behalf. You must be
at least 18 years old to purchase a Subscription or to become a Creator
and receive payouts.
- Business Accounts. A Business Account may be opened on behalf of a
company, business or other legal entity by an Authorised Representative who is at least
18 years old. By creating or operating a Business Account, the Authorised
Representative warrants that they are authorised to bind the entity to these Terms and
that the entity is validly existing. The entity is the Account holder and is bound by
these Terms; the entity and its Authorised Representative are jointly responsible for use
of the Account and for compliance with these Terms.
- You must provide accurate registration information and keep it up to date. You are
responsible for all activity that occurs under your Account and for keeping your
password and any multi-factor authentication method secure. Notify us promptly at
contact@pantrytofork.app if you suspect unauthorised use.
- An individual may hold one Account, and an entity may hold one Business Account, unless
we agree otherwise. You may not share, sell or transfer your Account, except that a
Business Account holder may permit its own personnel to operate the Account's single login
on its behalf — in which case the entity remains responsible for all activity under the
Account and for keeping the credentials and any multi-factor authentication method secure,
and must ensure access ends when a person is no longer authorised.
- We may require you to confirm your email address before you can transact (for example,
start a Subscription or onboard for payouts).
3. The Service and plan tiers
- The Service lets you browse recipes, build a basket and generate a consolidated
shopping list, and — on the relevant paid tiers — rate and comment on recipes, save
baskets, and create and publish your own recipes.
- Access to features depends on your tier:
- Free — browse public recipes and basic functionality.
- Basic — adds the basket, shopping list, ratings and comments.
- Premium — adds recipe creation and publishing, and eligibility to
earn Creator payouts on public recipes.
We may change the features included in each tier from time to time (see section 16).
- The browse, basket, shopping-list, rating and comment features are provided for the
Account holder's own personal or internal business use, and not for resale or other
commercial exploitation of the Service or of other users' Content. Publishing Public
Content and earning Creator payouts as described in section 6 are permitted, including by
Business Accounts. We may set reasonable limits on use of the Service to protect it and
our users.
4. Acceptable use
You must not, and must not permit anyone else to:
- use the Service in breach of any law, or to infringe anyone's intellectual property,
privacy, publicity or other rights;
- upload Content that is unlawful, infringing, defamatory, misleading, obscene, hateful,
harassing, or that promotes unsafe practices;
- misrepresent the origin or safety of any recipe, or omit information (such as known
allergens) where doing so would be misleading or dangerous;
- artificially inflate recipe views, ratings or impressions, or otherwise manipulate the
Creator payout system (see section 6);
- attempt to gain unauthorised access to the Service, other accounts, or our systems; or
probe, scan, overload, scrape or disrupt the Service;
- reverse engineer, copy or create derivative works of the Service itself (as distinct
from your own Content), except to the extent this restriction is prohibited by law.
We may investigate suspected breaches and may remove Content, suspend or terminate
Accounts, withhold payouts, and report conduct to authorities where appropriate.
5. Subscriptions, trials, billing and cancellation
- Payment processor. Subscriptions are billed through our payment
processor, Stripe. By subscribing you also agree to Stripe's applicable terms. We do not
store your full card details; Stripe does.
- Currency and pricing. Prices are displayed at checkout and are
charged in our operating currency (Australian dollars unless stated otherwise). Prices
may be inclusive or exclusive of GST or other taxes as indicated at checkout.
- Free trial. A Subscription may include a 7-day free
trial. A valid payment method is required to start the trial. Unless you cancel
before the trial ends, your Subscription will automatically convert to a paid Subscription
and the first charge will apply. Trial eligibility is limited (generally one trial per
account); we may refuse a trial to prevent abuse.
- Auto-renewal. Subscriptions renew automatically each billing period
(monthly unless stated otherwise) at the then-current price until cancelled. By
subscribing you authorise us, through Stripe, to charge your payment method on a
recurring basis.
- Cancellation. You may cancel at any time through the billing portal
(Manage subscription) or by contacting us. Cancellation stops future renewals; it
generally takes effect at the end of the current paid period, and you keep paid access
until then.
- Price changes. We may change Subscription prices or plan inclusions.
We will give you reasonable advance notice of a price increase, and it will take effect
at your next renewal. If you do not accept the change, you may cancel before it takes
effect.
- Refunds and your consumer rights. Except where required by law
(including the ACL), payments are non-refundable and partial periods are not refunded.
Nothing in this section limits your rights to a remedy (including a refund) where there
is a failure to meet a consumer guarantee that cannot be excluded.
- Failed payments. If a payment fails we may retry, and may suspend or
downgrade paid features until payment succeeds.
6. Creators and payouts
- Eligibility. Premium users — including Business Accounts — who publish
Public Content may earn a share of a payout pool based on qualified impressions (views) of
their public recipes by other users. Staff/administrator accounts are not eligible.
- The pool. Each month we calculate a pool equal to a fixed percentage
(currently 20%) of our net subscription revenue for that month
(excluding tax, and net of refunds and discounts). The pool is divided among eligible
Creators in proportion to their share of qualified impressions for the period. We may
change the percentage or the calculation methodology on a prospective basis with notice.
- No guaranteed earnings. Impressions, the pool size and your share vary
and may be zero. We do not guarantee any level of earnings. Earnings are not wages,
salary or an entitlement to employment, and you are not our employee, partner or agent.
- Anti-fraud. Impressions that we reasonably believe are fraudulent,
automated, self-generated or otherwise illegitimate may be disqualified, and affected
payouts may be adjusted, withheld or reversed.
- Getting paid. To receive payouts you must onboard with our payouts
provider, Stripe (Stripe Connect), and complete its identity and verification
requirements (KYC/AML, and for a Business Account, business verification (KYB) of the
entity, its beneficial owners and an authorised representative). We do not store your
identity documents; Stripe does, subject to its terms. Payouts are made in our operating
currency to the account you nominate with Stripe.
- Thresholds, carry-over and expiry. A minimum balance (currently the
equivalent of $10) is required before a payout is sent. Balances below
the threshold, or for Creators who have not completed onboarding, carry over to later
periods. A balance that remains unclaimed for 12 months (for example,
because onboarding was never completed) may expire and be forfeited to us.
- Taxes. You are responsible for determining and meeting your own tax
obligations on any payouts (including income tax and any GST/VAT registration or
reporting). We and Stripe may collect tax information and issue tax forms where required
by law.
- Deceased or deleted accounts. If you delete your Account, any
unclaimed balance is forfeited and your public recipes are handled as described in
section 15.
7. Your Content and the licence you grant
- You keep ownership. As between you and us, you retain all rights you
have in your Content. We do not claim ownership of it.
- Licence to operate the Service. By submitting Content, and in
particular by choosing to make Content public, you grant us a worldwide,
non-exclusive, royalty-free, transferable and sub-licensable licence to host,
store, cache, reproduce, adapt and reformat (for example, to create image thumbnails and
responsive variants and to convert formats), publish, publicly display and perform,
distribute and otherwise use that Content for the purposes of operating, providing,
securing, promoting and improving the Service. For Public Content this licence includes
making it available to other users and visitors anywhere in the world.
- Promotion. You grant us a licence to use Public Content and your
username to promote the Service (for example, in app listings, social media and
marketing), unless and until you remove the Content or close your Account, subject to
section 15(4).
- Sub-licensees and infrastructure. This licence extends to our service
providers (such as cloud hosting, storage and content-delivery networks) to the extent
needed to deliver the Service, and to other users to the extent described in
section 15(4).
- Moral rights. To the extent permitted by law, you consent to acts or
omissions that would otherwise infringe your moral rights (such as the right of
attribution and the right against derogatory treatment) in your Content, for the purpose
of the uses licensed above (for example, displaying Content without attribution,
cropping or resizing images, and editing for formatting). This consent is given for the
benefit of us and our sub-licensees. Moral rights are not assigned and remain yours.
- Feedback. If you send us suggestions or feedback about the Service, we
may use them without restriction or obligation to you.
- Aggregated and de-identified data. We may create and use aggregated or
de-identified data derived from use of the Service (which does not identify you or your
Content) for any lawful purpose.
8. Your promises about Content (representations and warranties)
Each time you submit Content, and in particular when you make it public, you represent and
warrant that:
- the Content is your own original work, or you have obtained all rights,
licences, consents and permissions necessary to submit it and to grant the licence in
section 7 — including for any text, recipe, image, photograph or other material created
by, or depicting, another person;
- the Content, and our use of it as permitted by these Terms, does not and will not
infringe or misappropriate any third party's intellectual property, privacy, publicity,
moral or other rights, and is not defamatory, misleading or unlawful;
- any image you upload does not contain identifiable people without their consent, and
you have the right to share it;
- the Content does not contain false, dangerous or misleading information, and you have
disclosed known allergens and material safety information so far as you are reasonably
able; and
- you will keep these promises true for any variant of, and any future amendment to, the
Content.
A note on recipes and copyright. Copyright law differs between countries.
In many jurisdictions a bare list of ingredients or a simple statement of method is not
protected by copyright, but the creative expression around a recipe — your written
descriptions, narrative, styling, instructions and especially your photographs — generally
is, and may also be protected as a database or by other rights. You must not copy such
material from cookbooks, websites or other creators without permission. Because the Service
is available globally, you are responsible for ensuring your Content complies with the laws
that apply to you and to the places your Content may be viewed.
9. Copyright complaints and takedowns
We respect intellectual property rights and expect our users to do the same. If you believe
Content on the Service infringes your copyright or other rights, follow the process in our
Copyright & Takedown Policy. We operate a
notice-and-takedown process and a repeat-infringer policy, and may remove Content and
terminate repeat infringers' Accounts.
10. Our intellectual property
The Service itself — including its software, design, text, graphics, logos, the
"Pantry to Fork" name and brand, and the selection and arrangement of Content — is owned by
us or our licensors and is protected by law. We grant you a limited, personal,
non-exclusive, non-transferable, revocable licence to use the Service in accordance with
these Terms. We reserve all rights not expressly granted. You may not use our trade marks
without our prior written consent.
11. Third-party services and links
The Service relies on, and may link to, third-party services (for example, Stripe for
payments and payouts, our cloud hosting and storage providers, and email delivery
providers). Your use of those services may be subject to their own terms and privacy
policies. We are not responsible for third-party services or websites that we do not
control.
12. Recipes are not professional advice; food safety and allergens
Recipes, nutrition information, dietary tags and other Content are provided for general
information only and are not professional, medical, nutritional or dietary
advice. Content is created largely by other users and is not independently verified by us.
You are responsible for the food you prepare and eat. Always use your own
judgement, check ingredients and packaging for allergens, follow safe food-handling and
cooking practices, and seek advice from a qualified professional if you have allergies,
intolerances, medical conditions, or are cooking for someone who does. Dietary and allergen
tags may be incomplete or wrong. To the extent permitted by law, we are not liable for any
adverse reaction, illness or harm resulting from preparing or consuming any recipe.
13. Disclaimers and limitation of liability
- Consumer guarantees first. This section is subject to section 13(4)
and does not exclude or limit any guarantee, right or remedy under the ACL or other law
that cannot lawfully be excluded.
- "As is". To the maximum extent permitted by law, the Service and all
Content are provided "as is" and "as available", without warranties of any kind, whether
express or implied. We do not warrant that the Service will be uninterrupted, error-free
or secure, or that Content is accurate, complete or reliable.
- Limitation. To the maximum extent permitted by law, we (and our
directors, employees and suppliers) are not liable for any indirect, incidental, special,
consequential or punitive loss, or for any loss of profits, revenue, data, goodwill or
anticipated savings, arising out of or in connection with the Service or these Terms,
whether in contract, tort (including negligence) or otherwise, even if advised of the
possibility. Our total aggregate liability for all claims arising out of or in connection
with the Service or these Terms is limited to the greater of (a) the total amount you
paid us for the Service in the 12 months before the event giving rise to the liability,
and (b) AUD $100.
- Where guarantees cannot be excluded. Where a consumer guarantee or
other non-excludable right applies and the relevant goods or services are not of a kind
ordinarily acquired for personal, domestic or household use, our liability for breach is
limited, at our option, to re-supplying the services (or paying the cost of re-supply) or,
for goods, replacing or repairing them (or paying the equivalent cost).
14. Indemnity
To the extent permitted by law, you agree to indemnify and hold us harmless from and
against any claims, liabilities, losses, damages, costs and expenses (including reasonable
legal costs) arising out of or in connection with: (a) your Content; (b) your use of the
Service; (c) your breach of these Terms or of any law; or (d) your infringement of any
third party's rights. This does not apply to the extent the claim arises from our own
breach, negligence or wilful misconduct, and your liability is reduced to the extent our
acts or omissions contributed to the loss.
15. Suspension, termination and account deletion
- By you. You may stop using the Service at any time and may delete your
Account from your preferences. Cancelling a Subscription is described in section 5.
- By us. We may suspend or terminate your Account or access, or remove
Content, if you breach these Terms or any law, if required to protect the Service or other
users, or if we cease offering the Service. Where reasonable and lawful, we will give
notice.
- Effect. On termination, your right to use the Service ends. Sections
that by their nature should survive (including sections 7–10, 12–14, 16 and 17) survive
termination. Unclaimed payout balances are dealt with under section 6.
- What happens to your recipes. When you delete a public recipe or your
Account, we remove your recipes from discovery. However, because other users may already
have saved your public recipe to their basket, a copy may remain available to those users
until they remove it, after which it is deleted. The licence in section 7 continues for
those copies for as long as they remain in another user's basket. This reflects how the
Service technically works and is necessary to operate the basket feature.
16. Changes to the Service and to these Terms
- We may modify, suspend or discontinue all or part of the Service at any time. Where a
change materially reduces a paid feature, your rights under section 5 (including
cancellation) and the ACL apply.
- We may update these Terms (and the Privacy and Copyright policies). When we make a
material change we will update the version and effective date and, where appropriate, ask
you to accept the updated Terms before you continue using the Service. The version you
accepted, and the date, time, IP address and device information of your acceptance, are
recorded (see section 17(7)). If you do not accept an updated version, you may stop using
the Service and close your Account.
17. General
- Governing law. These Terms are governed by the laws of the State of
New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that
State and the Commonwealth of Australia. Nothing prevents us from seeking urgent
injunctive relief in any court.
- Disputes. If a dispute arises, please contact us first at
contact@pantrytofork.app so we can try to resolve it. This does not affect any
right you have to lodge a complaint with a consumer-protection or data-protection
regulator.
- Assignment. You may not assign these Terms without our consent. We may
assign or novate them to an affiliate or in connection with a sale or reorganisation of
our business.
- Entire agreement; severability; waiver. These Terms (with the Privacy
and Copyright policies) are the entire agreement between you and us about the Service. If
any provision is unenforceable, it is severed and the rest continues. A failure to
enforce a provision is not a waiver of it.
- No partnership. Nothing in these Terms creates a partnership, agency,
employment or joint-venture relationship between you and us.
- Notices. We may give you notices through the Service or by email to the
address on your Account. You can contact us at contact@pantrytofork.app.
- Record of acceptance. You agree that our records of your acceptance of
these Terms — including the version accepted and the date, time, IP address and device
information — are evidence of your agreement, and that electronic acceptance (such as
ticking a box or clicking "I agree") is as effective as a handwritten signature.
18. How to contact us
Pantry to Fork Pty Ltd (ABN 63 281 974 991)
275 Hunter Street Newcastle NSW 2300 Australia
General & support: contact@pantrytofork.app
Privacy: contact@pantrytofork.app
Copyright: contact@pantrytofork.app