Terms and Conditions – Cooking Club

Chicca’s Cooking Club provides online content and classes. By enrolling or participating in an online class, online event, or Membership in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If you do not understand or agree with any of these conditions, please do not subscribe to the Membership.

TERMS OF PARTICIPATION
​Please read carefully. By participating in this Membership, the following Terms and Conditions are entered into by Chiccas Cooking Club LLC (herein referred to as “Chicca’s Cooking Club”, “Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.

MEMBERSHIP/SERVICE
Chiccas Cooking Club agrees to provide Membership, “Chicca’s Cooking Club” (herein referred to as “Membership”) identified in online purchase page at cookingintuscany.cc. As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Membership, the Company shall provide the following to Client:

For Chicca’s Cooking Club seasonal Membership:
1. A Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, recipes, classes, checklists, tips and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists, unless you or we terminate your subscription. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice.

2. Membership Participant Facebook Group: The Company shall create and maintain a closed Facebook group for subscribers of the Membership. The Company is charged with overseeing the group and ensuring that it runs smoothly.

3. From time to time, the Company may offer bonuses to individuals who sign up for the Membership. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and they vary depending on specific promotions throughout the year.

For Online Classes, Events, and Bundles:
1. A Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, recipes, classes, checklists, tips and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists, unless you or we terminate your subscription. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice.

Membership to online classes sold “a la carte” or in a bundle of classes does not give access to any additional benefits provided for the separate Chicca’s Cooking Club Membership.

DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.

Client understands Iolanda (Chicca) Maione, Jedd Chang, Michelle Chang, and Arnaud Bachelard (herein referred to as “Team”) and Chiccas Cooking Club LLC, are not an employee, doctor, nutritionist, registered dietician, chef, or sommelier.

The Membership is for the purpose of learning to cook, which involves preparing and cooking food. Like all cooking activities, including when demonstrated through online platforms or remote learning, certain risks and dangers arise, not all of which can be described herein, but may include, without limitation, cuts, scrapes, scratches, puncture wounds, thermal burns, chemical burns, scalds, injuries from using cooking equipment and instruments, eye injuries or irritation, skin irritations, allergic reactions, food poisoning, slips, falls, and choking. You are solely responsible for avoiding any contact with such medical and/or food allergies. The Company cannot guarantee to accommodate your allergies or food intolerances. You also understand and agree the Membership activities involve physical activity. By voluntarily participating in activities related to this Membership, you assume all risk of injury as well as damage to property.

Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall Company be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the content, services or any parts thereof.

FEES
In consideration of Your access to the Membership, You agree to pay the subscription fees listed on the checkout page for the Membership you choose.

If You or We terminate Your subscription at any time and You re-subscribe at a later date, You must purchase a new subscription at the current price.

Recurring seasonal payments are due and will be charged to your card on the first day of the season (the 1st of the month, once every three months).

You agree to continue making a seasonal payment until you request a cancellation according to the Cancellation Policy set forth below, or until we terminate your subscription. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the Membership.

METHODS OF PAYMENT
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly or annual fees, you must provide a new eligible payment method promptly or your Membership access will be removed.

You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Membership, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

CANCELLATIONS & REFUNDS

For Chicca’s Cooking Club seasonal Membership:

If you would like to cancel Your seasonal subscription, You may request to do so at any time. However, please note that in order to avoid being charged for the next season, You must notify the Company of your request to cancel at least 1 business day before your next bill date. Once We process your cancellation request, You will no longer be charged. Payments for the next billing cycle will not be refunded, so please make sure to cancel at least 1 business day prior to Your upcoming billing date.

New members may be issued a full refund, upon request, only in your first season and only before the first live event (cooking class) of that season takes place. We do not provide any refunds for seasonal subscriptions after the first live event you have access to.

Unless specifically allowed and authorized by our Refund Policy, all other purchases, including without limitation of any gift cards, gift certificates, or other offerings, are final and we are not able to offer any refunds. Gifts may not be exchanged for cash.

If you request to cancel a subscription at least 1 business day prior to the next billing cycle, You will maintain access to your Membership until the end of the prepaid subscription period. We will not prorate refunds for any remaining time left in the subscription. If We cancel your subscription in accordance with the terms of this Agreement, we reserve the right to refuse to issue any refund. Should you request a cancellation, you will have until 1 business day before your cancellation date to withdraw your cancellation request.

Upon cancellation of your subscription, you will no longer have access to the members-only portal and will be removed from the Facebook Group prior to the last business day of the month in which your membership is active. Assets in the members-only portal are downloadable during the term of your active subscription.

For Online Classes, Events, and Bundles:

All purchases, including without limitation of any online classes (live or replay), class bundles, special events, gift cards, gift certificates, or other offerings, are final and we are not able to offer any refunds. Gifts may not be exchanged for cash.

If you have any questions or problems, please let us know by contacting our support team directly at: club@cookingintuscany.cc

USERNAME AND PASSWORD
To access certain features of the Membership, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Membership to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Membership, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

CODE OF CONDUCT
If You violate this simple Code of Conduct, whether in live events (classes), in our private Facebook group, or on our public social media channels, we reserve the right to remove You and any of Your Content from the Membership. Whether conduct violates our Code of Conduct will be determined in Company’s sole discretion.

No Illegal Activity
Be Civil
No Exploitation of Other Members
No Use Other Than Intended

CONFIDENTIALITY & PRIVACY
The Company respects the privacy of its clients and will take reasonable steps not to disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information.

Specifically, the content of the Membership contains the Company’s proprietary methods, processes, recipes, tips, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its owners and employees, and other Membership participants.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

By posting or submitting any material in the Membership, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Membership or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership at any time for any reason.

You also grant us the right to use your likeness and identify you by name or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you that reference the Company or the Membership, and to identify you as a member of the Membership by name or screen name, for any purposes, including commercial purposes and advertising.

By attending online events associated with the Membership, you acknowledge and agree that you are giving the Company consent to store recordings for any and all online events or classes that you join. If you do not consent to being recorded, you can choose to turn off the video function for your device or you can leave the online event. You agree to permit us, or any third party licensed by us, to use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice and words in perpetuity in television, radio, film, newspapers, magazines and other media now available and hereafter developed, both before, during and any time after the online event or class, and in any form, without any further approval from you or any payment to you. This grant includes the right to edit the media, the right to use the media (alone or together with other information), and the right to allow others to use or distribute the media.

USER COMMENTS
We and related companies may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forums, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Chicca’s Cooking Club.

We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.

We may also, from time to time, publicly share or redistribute User Comments on our website, in our content, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with our business and services.

Similarly, if you provide us with any Feedback, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us that relates to our Content and/or Services.

INTELLECTUAL PROPERTY
All content included as part of the Membership, such as text, graphics, logos, images, videos, recipes, and guides, as well as the compilation thereof, and any software used in the Membership, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Membership are the trademarks of their respective owners.

Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protections.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. You hereby agree that You will not copy, sell, display, distribute, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership.

The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Your use of any materials found in the Membership other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Membership in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Membership, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Membership, which provides education and information. The information contained in the Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damage, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership.

The information, software, products, and services included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Participation in the Membership includes access to online classes or events. Use of these services requires compatible devices, and certain software (including third party software like Zoom) may be required or may need updating. You must have a high speed internet connection in order to access our online events and classes. When accessing the online events or services through a mobile network, your network or roaming network may apply fees for data usage. The Company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Stripe payment services, Memberpress software, your software and/or any updates or upgrades to that software).

We do not warrant that your ability to access the Membership content or services will be timely, secure, uninterrupted or defect-free. Circumstances beyond our control may necessitate substitutions, alterations, postponements, or cancellations to the content, format, themes, name, hosts, moderators, venue, timing, platform or dates of classes or online events in the Membership. We reserve the right to do so at any time and will not be liable to you for any cost incurred by you as a result. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Membership, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, or services obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.

If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.

NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving any dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owners, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT
Client may not assign this Agreement without expressed written consent of Company.

MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Cooking in Tuscany website and purchasers shall be notified.

TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Membership and the related services or any portion thereof at any time, if You become disruptive to the Company or other Membership participants, if You fail to follow the Membership guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination. The restrictions imposed on you in these Terms with respect to the Membership intellectual property will still apply now and in the future, even after termination by you or the Company.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Monmouth, OR.

OTHER DISCLAIMERS
Every effort has been made to accurately represent this product and its potential.

Examples in our materials are not to be interpreted as a promise or guarantee of results, nor are we responsible for any of your actions.

If you do not understand or agree with any of these conditions, please do not subscribe to the Membership. If you require further clarification, please contact club@cookingintuscany.cc

© Chiccas Cooking Club LLC
Last Updated: February 22, 2021