Terms & Conditions Of Use
The Products (as defined below) available on this site (the “Site”) are provided by The British Columbia Chefs’ Association, (BCCA), a registered society located in British Columbia, Canada. BCCA is the supplier of data for use in connection with the Products. BCCA may make arrangements with one or more third parties, to provide the Products to you or to sell you Products provided by a sub-contractor. BCCA and any such third parties, are referred to as herein collectively as “supplying”, “we”, “us” and “our”. The Site provides an online resource center and other information (“Content”) and other sites such individual or corporate profiles (“Product”) topical to food within the food industry.
BCCA does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the sites contained on www.bcchefs.com, or any one of the domains connected or affiliated with BCCA company name, nor the quality of any products or content displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site.
You hereby acknowledge that any reliance upon any Content shall be at your sole risk. BCCA reserves the right, in its sole discretion and without any obligation, to make changes to, or correct any error or omissions in any portion of the Site, the Products or the Content.
The Site, products and the content are provided by BCCA on an "as is" basis, and BCCA expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose. In no event shall BCCA be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the site, the contents or the products. BCCA encourages you to exercise discretion while browsing the Internet. BCCA may direct you to sites containing information that some people may find offensive or inappropriate. BCCA makes no representations concerning any endeavour to review the content of sites listed in the directory or any of the contents, and BCCA is not responsible for the accuracy, copyright compliance, legality or decency of content contained in sites listed in the directory or in the contents.
All persons placing Content on the site are legally and ethically responsible for their work - profiles, files, pictures, or any other work or writings - posted or transmitted using any of BCCA’s sites including, but not limited to: email, conferencing, the World Wide Web, USENET, or any other Site that allows interaction or dissemination of information. In posting works on BCCA, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libelled or slandered. Anyone wishing to post a copyrighted work on BCCA, is responsible for obtaining the copyright holder's permission first.
In posting a profile via any site offered by The British Columbia Chefs’ Association, you authorize any BCCA and member of the public who has access to that site to make personal and customary use of the profile, including creating links to your information or reposting it among conference areas to which the author has access, but not to commercially reproduce or disseminate it unless permission has been given. You also give permission to BCCA to copy your profile as part of the normal backup process, and to archive topics containing your information. Subject to any agreement between BCCA and the content provider regarding the copyright of original posting by a member of the public or other content provider, BCCA becomes the owner of all electronic data via posted articles, discussions, etc. and does not allow reproduction of this work unless specifically granted to an individual or organization for a one time use, and BCCA is cited as the owner.
You agree not to post or use BCCA to distribute or send any illegal Content of any kind, including but not limited to, illegal Content in the form of text, graphics, video, programs or audio. BCCA is not responsible for any content and/or data obtained through downloading or other means, which may be responsible for any damage to your computer system, data, or any personal objects. BCCA cannot and does not guarantee the accuracy or completeness of any information provided on the site by BCCA staff, guest bloggers, writers, artists, contributing editors, or other persons or members. BCCA is not responsible for the content or links to the content of the Internet, World Wide Web, FTP sites, USENET, or any other Site that is outside of the BCCA web site. BCCA takes no responsibility for the quality, suitability, functionality, or legality of any site which may be linked to or from BCCA. If BCCA permits links to their partners, affiliates, and advertisers, BCCA takes no responsibility in the accuracy of the content or suitability of these.
TRADE-MARKS AND COPYRIGHT
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the site, in the content or with the products may constitute trade-marks or trade names of The British Columbia Chefs’ Association, commonly known as BCCA. Title to the site, the content and the products and the trade-marks or trade names displayed on the site remains with BCCA and/or our licensors. Nothing contained in these terms of purchase or on the site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trade-marks, trade names, copyright or other intellectual property rights of BCCA and/or our licensors. Any unauthorized use of the site, the content or the products or the trade-marks, trade names or our licensors is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.
LEGAL TERMS REGARDING: www.bccchefs.com and affiliated sites.
This agreement between the client, being the person or entity for whom the internet website or site is provided (herein called "the Client") and Global The British Columbia Chefs’ Association (BCCA), (herein called "BCCA”) or any related site or Site includes the following terms: under this agreement, you must comply with the terms of the current "code of acceptable use," of BCCA as set out on this page. Such terms may be revised by BCCA during the currency at any time by BCCA posting notice of revisions on the website and from the date of such posting such revisions shall be binding on both parties. In the event that such revisions are not acceptable to the client, the client has the option to terminate this agreement within thirty days of the posting of such revisions and on thirty days notice in which case any annual payments outstanding at the end of the thirty day notice period shall be due and payable forwith and BCCA will have no other liability to the client.
1. Profiles provided under this contract to the client are hosted by BCCA for the agreed upon client's name, for the period of time (the Term) corresponding with the payment plan chosen by the client. This contract will be automatically renewed at the end of the term and each successive renewal term, unless terminated prior. Termination of profiles must be emailed or delivered by mail at least 7 days prior to the termination date and confirmed by BCCA in a written response. Phone notification is not acceptable. BCCA shall have the right to terminate this agreement at any time and without prior notice.
2. BCCA's profiles are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. BCCA expressly disclaims any representation or warranty that the BCCA Profiles will be error-free, secure or uninterrupted. No oral advice or written information given by BCCA, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. In the event of any error in any information on the client’s profile, regardless of who posts such information, BCCA's sole responsibility will be to correct such error within a reasonable time of receipt of notice of such error from the client. The terms of this section will survive any termination of this Agreement.
3. The virtual web internet account and/or related electronic profiles can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the client agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this agreement may result in termination of the Profile provided by BCCA, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of BCCA based upon the severity of the violation. BCCA reserves the right to refuse Profile if any of the content within, or any links from, the client's profile is deemed illegal, misleading, or obscene, or is otherwise in breach of BCCA's then current acceptable use policy, in the sole and absolute opinion of BCCA. Notwithstanding anything in this agreement, the content of the client's profile is the sole responsibility of the client. The client agrees to indemnify and hold harmless BCCA and its affiliates and partners and its and their employees, advisors, directors and officers from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by BCCA and BCCA, (collectively, "Claims") related to or in connection with the content of the client's profile. The terms of this section will survive any termination of this agreement.
6. The client agrees not to harm BCCA, their reputation, computer systems, programming and/or other persons using BCCA's Sites. BCCA reserves the right to select the server for client's profile for best performance. The client understands that the profile provided by BCCA are provided on a shared server. The client agrees to indemnify and hold harmless the BCCA Indemnified parties and any other client from any and all claims resulting from the client's use of the profile provided by BCCA The terms of this section will survive any termination of this Agreement.
7. The client's rights and privileges under this agreement cannot be sold or transferred without the prior written consent of BCCA.
8. The client may not sell or resell advertising or webspace on a BCCA profile or internet site to a third party. The e-mail distribution by the client of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the client refuses to remove any advertising or other third party content deemed objectionable by BCCA, BCCA may terminate the profile being provided to the client.
9. BCCA will use its best efforts to maintain a full time Internet presence for the client. The client hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of god, or human error. In no event shall BCCA or BCCA be liable to the client for any damages resulting from or related to any failure or delay of BCCA or BCCA in providing access to the Internet under this agreement. In no event shall BCCA or BCCA be liable to the client for any indirect, special or consequential damages or lost profits arising out of or related to this agreement or the performance or breach thereof. The aggregate, total liability of BCCA or BCCA under this agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the client hereunder. The terms of this section will survive any termination of this Agreement.
10. The client is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the client's account, the client will be liable for any unauthorized use of the BCCA or BCCA profiles, including any damages resulting there from, until the client notifies BCCA 's customer Site.
11. This agreement constitutes the entire agreement between the client and BCCA with respect to the BCCA profiles and supersedes all prior agreements between the client and BCCA. BCCA's failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this section will survive any termination of this agreement.
12. The parties shall attempt in good faith to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Notwithstanding the foregoing, nothing in this agreement shall limit either party’s ability to bring an action in accordance with this Agreement.
13. The client agrees to indemnify and hold the BCCA indemnified parties harmless from any and all claims resulting from or connected with any activities conducted by the client. The client and BCCA will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this agreement. The rights and responsibilities established in this paragraph will survive any termination of this agreement.
14. BCCA may include the client's name and contact information in directories of BCCA profile subscribers for the purpose promoting the use of the BCCA Site by additional potential clients. However, BCCA is not authorized to print the client's name, trademarks or other identifying information in any other advertising or promotional contents without the prior written consent of the client.
15. The interpretation and enforcement of this agreement shall be governed according the laws of the province of British Columbia (excluding its choice of law rules) and the federal laws of Canada applicable therein. The client hereby consents to personal jurisdiction in the federal and provincial courts of British Columbia, Canada for any action arising out of or relating to the client's use of the BCCA or BCCA profiles. The federal and provincial courts of British Columbia, Canada will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section will survive any termination of this agreement.
16. Notices required by this agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail Site; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
Last updated: September 1, 2012.