Terms and conditions of use

Introduction

The following general contract conditions and terms of use (hereinafter the “General Conditions”) apply to the services provided by The Cooking Hacks SRL, with registered office in via Livigno 6/B, 20158 Milan (MI) (hereinafter “TCH”), through the following sites: thecookinghacks.com, it.thecookinghacks.com, thecookinghacks.it, shop.thecookinghacks.com, (hereinafter each the “Site” and collectively the “Sites”). Access to – and only browsing on the – Sites presupposes full reading, knowledge and acceptance of these General Conditions by the user (“User / Users”). If the User does not agree, in whole or in part, with what is established in the General Conditions, please do not continue browsing the Sites.

According to and for the purposes of articles 7 and 12 of Legislative Decree 70/2003, the following information is communicated to Users: the provider of the Services regulated by the General Conditions is The Cooking Hacks S.R.L., with registered office in via Livigno 6 / B, 20158 Milan (MI), Tax Code and Milan Business Register 10009930966 R.E.A. Milan 2127627 VAT number 10009930966, e-mail [email protected]

Where the User is a natural person, who requests the provision of the Service for purposes unrelated to his business or professional activity and is a “Consumer” for the purposes of Legislative Decree 206/2005 (“Consumer Code”), the provisions contained in the Consumer Code will apply to the same, in addition to those, in general, applicable to the type of service provided by TCH through the Sites according to Legislative Decree 70/2003 relating to information society services and electronic commerce.

Pursuant to the legislation referred to in Legislative Decree 206/2005 (as amended by Legislative Decree 21/2014) (“Consumer Code”), Users are informed that the services offered by TCH through the Sites consist, by way of example and not limited to: Personal recipes ( through which Users can upload photos and text contributions in a private area and share them with friends), Shopping lists (through which Users can save the ingredients of the recipes in the database in lists), Allergens, Food Alerts, Kitchen Machines and Recalculations (through which Users can customize the service, displaying alerts on recipes and ingredients or automatically view the recipe for their favorite machine, or change the quantities of recipes), Favorites (through which Users can save the link in a private area to favorite content), Comments (through which Users can upload textual comments to articles), Newsletter (through which Users, subject to acceptance, can are to receive one or more newsletters) (hereinafter, each the “Service” and collectively the “Services”). Users are informed that the listed services will not be available on all sites but only where expressly indicated by TCH.

These Services may include features that are attributable to the monitoring of consumer behaviour and in this regard, refer to the Cookie and Privacy policy of the Sites.

Users are informed that, according to art. 59, co. 1, lett. o) of the Consumer Code, the right of withdrawal is excluded concerning the supply of digital content, a category within which the Services provided through the Sites fall. The User is therefore aware that, by continuing to browse the Site, he will lose the right of withdrawal concerning the Services.

In any case, TCH provides an e-mail address [email protected] to which Users can send any requests to cancel their account which, in case of such request, will be made following the provisions of Legislative Decree no. lgs. 196/2003.

The General Conditions will also apply to the Services that will be provided to Users in the future unless otherwise provided for when registering or first supplying the new Service. Some Services, however regulated by the General Conditions, may also be subject to particular conditions and terms, in consideration of their nature and / or their characteristics, which will be communicated to Users before their use and inserted at the bottom of these General Conditions or time of access to the Services.

The premises form an integral and inseparable part of the General Conditions.

1. Terms and conditions for the use of the Services

1. On each Site, where required to use the Services, the User must complete the registration information form and fully accept these General Conditions: the personal data provided by the User with the completion of the form will be treated in compliance with and according to the methods established by Legislative Decree 196/2003 on the protection of personal data protection, of which information is provided before treatment. Registration on a specific Site allows the User to access, with the same credentials, all the other TCH Sites.

2. By accepting the General Conditions, the User declares that their data is updated, correct and truthful, and undertakes to modify them promptly so that they are constantly updated, complete and truthful. Where permitted by the specific Site, the User may use a pseudonym or a nickname with which his true identity is associated, which must be provided to TCH to be eventually communicated to the Judicial Authority in the cases provided for by law.

3. The User’s right to use the Services is personal and non-transferable: the User undertakes not to resell or make other commercial use of the Services provided by the Site, nor to authorize access by third parties.

4. The User is responsible for maintaining the secrecy of the chosen password that is assigned to him in relation to his account during registration, together with a user ID, and undertakes to indemnify and hold TCH harmless from any claim and / or claim by any party deriving from the use or abuse of the Services carried out by third parties through the improper and illegitimate use of the User’s password.

5. TCH reserves the right to verify, at any time and without notice, at its discretion, compliance with the General Conditions in the use of the Services by the User, reserving the right to permanently and without prior notice discontinue the provision of the Services to the individual User in the event that they:
a) has not provided updated, complete, truthful and correct personal data;
b) has transferred the access data to third parties;
c) uses or has used the Services for purposes or with illegal methods or which are in any case incompatible with the nature of the Services provided (such as, by way of example, transmission and/or exchange of viruses; sending or disclosure of personal advertising; mail ” chain “or for pyramid schemes; spamming or junk mailing practices; transmission and/or exchange and/or disclosure of illicit material or in any case racist, libellous or defamatory, threatening, vulgar, obscene content);
d) violates or has violated the General Conditions or the particular terms and conditions applicable to a Service.

6. In consideration of the fact that TCH is not able to verify that the information entered by the User is true and therefore not even the age of majority of the User wishing to register, we inform you that, while accessing and browsing the Sites is allowed regardless of the age of the User, the use of the Services is reserved for adults.

2. Suspension of the Services

1. TCH reserves the right to temporarily suspend or discontinue, even permanently, at any time and without notice, the provision of the Services and also of a single Service, as well as the right to permanently remove or modify any content at any time or information present on the Site.

2. TCH declines all responsibility in relation to potential damages caused by the interruption of the Services attributable to unforeseeable and uncontrollable force majeure events deriving, for example, from blackouts or failures of the servers of the Sites or third-party suppliers of TCH.

3. TCH reserves the right to suspend and/or discontinue the Services due to maintenance or updating of its own or third-party IT systems, keeping Users informed through e-mail communications, news on the Sites, messages in the Services.

4. TCH declines all responsibility for damages, claims or losses, direct or indirect, deriving to the User for the failure and/or defective functioning of the electronic equipment of the User himself or third parties, of telephone and/or telematic connections not directly managed by the same or its suppliers.

3. Services

1. TCH provides that the user will be able to sign up for a free account to access the services indicated on the Benefits for registered users page.
2. TCH can add other Products and Services at any time and according to its convenience, the conditions of which will be detailed when they are made available. Of course, the User is free to subscribe (or not to subscribe) to these new Products and Services.
3. TCH reserves the right to provide additional Services that can be redeemed by carrying out activities which will be communicated from time to time by TCH through specific communications. Each communication will detail the activities to be carried out and the timing in order to redeem the additional Service indicated. To consider an activity as completed, it is necessary that the activity concludes its process with the final approval of the drafting, which will take place according to the timing indicated in the specific communication.

4. User contributions

1. The User guarantees that any information, comment, message, text, software, data, sound, music, photography, graphics, video and other material transmitted by it, disclosed, exchanged or made available in any form through the Services provided by TCH through the Sites (hereinafter, individually “Contribution” and collectively the “Contributions”) does not violate copyright or other intellectual property rights of third parties.

2. Any material protected by third-party copyright can be used only if the User has previously acquired the rights of use from the copyright holder, therefore only with the written permission of the right holder and with the obligation to mention the source and existence of the permit. The photographic, audio and / or video material of third parties or reproducing the portrait of third parties can be used only if the User has acquired the consent of the author and the portrait subject. In relation to the availability of these rights and consents, the User assumes all responsibility by fully exempting TCH from any liability.

3. TCH declines all responsibility for damages, claims or losses, direct or indirect, deriving to the User or to third parties from the transmission, disclosure, exchange or making available of Contributions provided by Users through the Services. The User therefore undertakes to indemnify and hold TCH harmless from any claims and / or claims of third parties relating to or in any case connected to their Contributions.

4. The User undertakes not to publish, disclose, “post”, Contributions containing sensitive data of third parties without their consent, as well as enter / publish photos / images of minors, forms and / or content of a pedo-pornographic, pornographic nature , obscene, blasphemous, defamatory, insulting, harassing, offensive, contrary to public order or morality, which promote or lead to illegal activities or which contain viruses or other programs that damage the functionality of other people’s computer systems. The User therefore undertakes to use the Services exclusively for lawful purposes, being aware that failure to comply with this commitment may make him subject to civil and / or criminal liability.

5. TCH declares that it does not carry out a preventive check on the Contributions.

6. TCH, upon notification by the Users at [email protected], undertakes, however, to assess the compliance of the Contributions with criteria of lawfulness, truthfulness, substantiation, accuracy, non-deception and non-offensive, and to eliminate those Contributions that do not match these criteria. In any case, TCH reserves the right to eliminate at its discretion any Contributions deemed unsuitable for publication, transmission, disclosure or made available through the Services. The User who accesses the Communication Services made available to Users by TCH, such as, but not limited to, video messages, images, expert opinions, comments and the like, which may also contain Contributions from other Users, declares to be aware of the possibility that such materials, in their contents, are offensive or offend the sensitivity of certain people, and in any case recognizes that responsibility for such materials or Contributions cannot be attributed to TCH, but to the respective Users who are authors and / or have made these Contributions available.

7. TCH does not endorse, support, sanction, encourage, verify, or agree with the opinions, statements or comments made in the common areas of the Sites. It is therefore understood that such opinions, statements or comments will be exclusively attributable to Users who will have expressed them. Any information or material published on the Sites by third parties, advice and opinions, including any messages, represent the point of view of those who have materially entered their considerations on the Sites. These third parties will be directly responsible for these contents. The User therefore agrees to take all risks inherent in the use of any type of Contribution.
8. The User waives the exclusive right to collect compensation, personally or through a collective management body (eg SIAE), for communication to the public or the representation or execution, even in digital form, of its Contributions. It should be noted that the publication of the Contributions, in addition to not entailing any compensation for the User, cannot be understood as an exercise in the journalistic profession or as a request for admission to the registration in the register of practicing journalists referred to in Articles 26 and 33 of the L. 69/1963.

9. TCH reserves, in its sole discretion, all rights regarding the publication, removal from the Site, temporarily or permanently, of any Contribution.

5. User Content transferred to third parties

1. The User has the right to transfer the content of the private area to third parties through the Services provided by TCH through the Sites.

2. In the case of transfer of the content to third parties, the User assumes all responsibility, right and / or obligation, therefore he will take care to communicate to the third party that he is solely responsible for the content transmitted, without releasing TCH from any claim and request. of the third. As far as compatible, the conditions set out in chapter 4 are recalled and applied.

6. User Content transferred to TCH

1. In the event that the User intends to participate in the activities of TCH for the purpose, for example, of reedeming additional Services, and transferring its content to TCH guarantees that any information, comment, message, text, software, data, sound, music, photography, graphics, videos and other material transmitted, disclosed, exchanged or made available to TCH in any form in any form does not violate the copyright or other intellectual property rights of third parties. Any material protected by third-party copyright can be used only if the User has previously acquired the related rights of use from the owner of the copyright, therefore only with the written permission of the owner of the right and with the obligation to mention the source and existence of the permit. The photographic, audio and / or video material of third parties or reproducing the portrait of third parties can be used only if the User has acquired the consent of the author and the portrait subject. In relation to the availability of these rights and consents, the User assumes all responsibility by fully exempting TCH from any liability.

2. TCH declines all responsibility for damages, claims or losses, direct or indirect, deriving to the User or to third parties from the transmission, disclosure, exchange or making available of Contributions provided by Users through the Services. The User therefore undertakes to indemnify and hold TCH harmless from any claims and / or claims of third parties relating to or in any case connected to its contents sent to both third parties and TCH.

3. The User undertakes not to publish, disclose, “post”, contents containing sensitive data of third parties without their consent, as well as to enter / publish photos / images of minors, forms and / or pedo-pornographic, pornographic content , obscene, blasphemous, defamatory, insulting, harassing, offensive, contrary to public order or morality, which promote or lead to illegal activities or which contain viruses or other programs that damage the functionality of other people’s computer systems. The User therefore undertakes to use the Services exclusively for lawful purposes, being aware that failure to comply with this commitment may make him subject to civil and / or criminal liability.

4. The User who intends to participate in TCH activities undertakes to respect the terms and conditions that TCH will communicate from time to time. TCH reserves, and the User grants it, the right to accept / modify / translate the content, or to reject it or request one or more changes from the User, until final approval by the TCH editorial staff.

5. The content transferred by the User, accepted and modified by TCH, remains the exclusive property of TCH; for content transferred by the User, accepted and not modified in any part of TCH, the User grants TCH, all over the world, free and perpetual, the right to publish content on the Sites in accordance with the purposes of the Services, including the right to sub-license and transfer them to third parties, and the right to copy, reproduce, correct, adapt, modify, improve, translate, reformat, create derivative works, manufacture, market, publish, distribute, sell, license , transfer, rent, transmit, publicly perform, communicate to the public electronically, in any way now known or in the future discovered, any content generated by the User. In the event of a request for cancellation of the User from the Services, the contents generated by the User and sent to TCH will not be automatically removed, but will remain online without the related attribution to the User profile. TCH remains available to evaluate the specific requests received through [email protected]

6. The User waives the exclusive right to collect compensation, personally or through a collective management body (eg SIAE), for communication to the public or the representation or execution, even in digital form, of its contents. It should be noted that the publication of the contents, in addition to not entailing any compensation for the User, cannot be understood as an exercise in the journalistic profession or as a request for admission to the registration in the register of practicing journalists referred to in articles 26 and 33 of the L. 69/1963.
7. TCH reserves, in its sole discretion, any right to publish, modify and / or remove, temporarily or permanently, the contents of the Sites.

7. Indemnity

1. Upon registration, the User acknowledges his exclusive responsibility for the Contributions and for the Contents, exempting, indemnifying and keeping TCH harmless from any liability and from any prejudicial effect connected to legal actions by anyone promoted, to requests for reimbursement, of compensation, of any direct or indirect damage suffered as a result of the submission of Contributions and Contents.

2. The User declares and guarantees that he has legitimately acquired the Contributions and the Contents, by sending, he expressly authorizes the publication and exploitation of the Contributions and the Contents on the Sites, assuming all responsibility for them and indemnifying and keeping harmless TCH from any dispute that is raised by any third party in relation to the aforementioned Contributions and Contents. In case of violation by the User of any of TCH’s or any third party’s rights, TCH may suspend or interrupt the access of users, subscribers, registered subjects and / or account holders who violate rights of other individuals and possibly take legal action against them.

3. Given the intrinsic characteristics of the Services, it is not possible for TCH to subject any type of control, previous or subsequent, to any Contribution and Content entered online on the Sites and / or transferred to third parties, with the exception of Contents specifically sent voluntarily by the User at TCH, which for the textual part remains the only type of User Content subject to control.

4. TCH however reserves the right to carry out any type of control, including sampling, and declines any responsibility for the Contents and Contributions placed on the Sites by its Users, undertaking only to ensure the timely removal of the Contents and Contributions subject to dispute by by third parties against appropriate reporting by the interested party and / or the competent authority. In the event that the User believes that his right of patent has been violated through the Service, please inform promptly by writing to the following e-mail address: [email protected]

5. The User undertakes to hold TCH, employees, agents, representatives and suppliers of external services harmless in relation to any claim or claim by third parties and any related detrimental consequences (including the payment of legal fees) that may arise from your access to the Service and / or from your use of the same in a manner not in compliance with the Contract.

8. Link

1. The Sites may include hypertext links to other websites operated by third parties, including advertisements and other content providers. These sites may collect data and / or request personal information from the User. TCH does not exercise or is required to exercise any form of control and therefore declines any responsibility for damages, claims or losses, direct or indirect, deriving in any form to the User from the vision, use and / or operation of third-party sites or third-party services reached through these links.

9. Intellectual property rights on the Contents

1. The User expressly acknowledges that all industrial and intellectual property rights, which can be protected on the basis of the rules relating to copyright (Title IX of book V of the c., Articles 2575-2594 cc, as well as L. 633 / 1941, as amended by Legislative Decree 169/1999) and / or of the Industrial Property Code, approved with Legislative Decree 30/2005, or other provisions, to protect, by way of example and not limited to, know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and similar, relating to the Services, data and other materials from TCH or from third parties, including Users, however made available on the Sites or through the Services pursuant to the General Conditions (ie, the “Contents”), are and remain of exclusive ownership of TCH, which grants the User a personal, non-transferable and non-exclusive license for the use of the Contents and Services in accordance with the General Conditions, it being understood in any case that the User cannot download, copy, modify, sell, assign, sub-license, confer or transfer to third parties or create works derived from any industrial and intellectual property right of TCH, nor allow third parties to do so through the User or his computer and any other lter device. Products or services advertised on the Sites, whose industrial and intellectual property rights belong to their respective owners, are not considered Contents.

2. The download and use in general of Contents by means of the Services is permitted exclusively for private purposes: the User acknowledges and expressly accepts the prohibition to reproduce, copy, transmit, sell, publish, or commercially exploit the Contents.

10. Duration and cancellation

1. The Services are provided indefinitely, except for the cases of interruption provided for under the General Conditions.

2. However, the User is always given the right to request the cancellation of his / her account and of his / her data provided during registration, by sending an email to the address [email protected], pursuant to the provisions of Legislative Decree 196/2003 and Regulation (EU) 2016/679.

11. Changes to the General Conditions

1. TCH reserves the right to modify the General Conditions at any time as well as the terms and characteristics of the Services, through general notices to Users published on the Sites or by e-mail communication to the User with indication of the effective date of the changes themselves , which must be at least 10 days later than that of the notice.

2. The continued use of even only a Service by the User after the term referred to in paragraph 11.1 constitutes a tacit manifestation of the will to accept the changes to the General Conditions.

3. These General Conditions came into force on 26/12/2021.

12. Applicable law and jurisdiction

1. The General Conditions are governed by Italian law.

2. For any controversy inherent to these General Conditions, if the User is a Consumer, the provisions of Legislative Decree 206/05 and for the effect the Milan Chamber of Commerce or the Milan Court will have jurisdiction.

3. In any case, before starting any arbitration or judicial proceedings, TCH on the one hand and the User / Users on the other undertake to ensure that any disputes deriving from these General Conditions are resolved autonomously on the assumption of a fair balance between the respective interests.

13. Risk warnings for Users

1. TCH does not assume responsibility for any abuses committed by Users or of which they are victims due to the behavior of third parties, carried out or not in violation of the General Conditions.

2. Users are warned that the data, proper or others, published on the public sections of the Sites, such as, for example, non-exhaustive comments on the pages, by the User and thus made public, will be available to anyone who accesses these Sites , also through internal search functions on the site and may be indexed in search engines and thus become available to subjects not registered on the Sites.

3. TCH invites Users to evaluate with due care the opportunity or not to publish: i) personal data (including, for example, their e-mail address) that can detect, even indirectly, their identity; ii) photos and / or videos that make other people and places identifiable; iii) other data that may detect, even indirectly, the identity of third parties (such as, for example, other people united to the User by similar experiences or pathologies or subjected to similar medical treatments).

4. TCH does not automatically publish Users’ contact data (including, for example, the e-mail address), communicated at the time of registration together with comments and / or other Contributions.

5. Where provided by the various Sites, TCH ensures that Users can use the chosen nickname and choose which people to share various personal information with. If this possibility is not allowed, the User is recommended to evaluate the opportunity to share information relating to his / her identity and personal information on the Internet that may become accessible to an undetermined public of people.

6. The User acknowledges that TCH, with its services, provides useful tools to avoid the dissemination of personal data, including sensitive ones.

7. The Sites also deal with issues related to health, wellness, nutrition, diets, diseases in their Contents. These issues may not be suitable for everyone; therefore, the User is advised to ensure that the Contents of the Site being consulted meet their needs and are suitable for their age and / or specific health conditions and the like. TCH is not liable for damages reported by Users for any information and / or Contents of the Sites that may have impacted and / or offended their sensitivity.

8. The information contained in the Sites regarding nutrition, health, well-being, diets (or in any case topics related to these areas) is made available to Users for purely informative purposes. This information cannot and does not intend in any way to replace the relationship with a doctor or other health professional. Therefore if the User deems he needs advice on the topics dealt with on the Sites, he is invited to contact a doctor and / or specialist or health professional directly for the indication of a possible correct therapeutic and / or dietetic program and / or training and / or breastfeeding and / or rehabilitation and / or food supplementation.

9. In no case TCH, the authors of the articles, nor other subjects connected to the Sites, can be held responsible for any damage, even if only hypothetically linked to the use of the information contained therein. TCH does not assume any responsibility for the improper use that Users could make of the information contained on the Sites. Furthermore, as it is not possible to guarantee the absence of errors and the absolute correctness of the information disclosed, TCH does not assume responsibility for any information. or news reported on the Sites where they turned out to be incorrect or untrue. In any case, TCH undertakes to correct any information that subsequently turns out to be incorrect following a thorough report, in the ways and times that TCH deems most appropriate.

10. In no case TCH is liable for any damage reported by Users for any information or content on the Site that may impact their susceptibility or offend their sensitivity.

13.A Moderation of comments

TCH offers the ability to comment on its articles and recipes to allow users to participate in the discussion, but makes use of the ability to moderate comments, with and without images, before they are published.

The comments will be published after the compliance of their contents with the publication criteria indicated below has been verified, also sometimes some articles may be closed to comments.

Comments that contain, in the text, in the image or in the name of the author, will not be published:

  • website addresses, especially if inconsistent or sent for promotional purposes;
  • advertising of products or services for profit;
  • email addresses, telephone numbers, postal addresses;
  • codes for participation in games and contests;
  • vulgar or offensive terms;
  • attacks or personal assessments against the author of the article, or others;
  • contents unrelated to the topics covered in the article (off topic) or in which discussions between individual commentators prevail;
  • contents that appear to be able to offend, provoke, humiliate someone;
  • racist, sexist, homophobic or violent content;
  • illegal content or content that predicts illegal behavior;
  • content that may pose a danger to others;
  • content that the editorial staff deems irrelevant or dispersive with respect to the topics covered in the article;
  • personal opinions of commentators peremptory, axiomatic, or without argument.

Furthermore, comments that come from users (usernames or IP addresses) that qualify as spam, or from which a large number of comments come in a day, will not be published.

14. Specific provisions applicable to Health and Appliance Services

1. TCH makes available to Users some Services relating to health, well-being, nutrition and diets, diseases, to which, however, the provisions of the General Conditions apply.

2. Users of these Services are also required to comply with the terms and conditions specifically applicable to these Services and set out below. Where provided, upon registration or first use of the Service, the User must declare that he has read the terms and conditions of the Service:

  • The services dedicated to health, well-being, nutrition and diets, to diseases have an exclusively informative and cognitive nature with reference to the subject matter. This information can in no case be considered alternatives to or substitutes for an adequate specialist medical consultation.
  • TCH declines all responsibility for any errors and / or inaccuracies and / or misunderstandings that may be generated by the User.
  • TCH declines all responsibility for the consequences due to the User’s personal actions in contrast to the exclusively informative spirit of the Services and cannot be held responsible for damages, direct or indirect, suffered.
  • TCH assumes no responsibility for inaccuracies or errors in the cooking and / or preparation programs or on the products, also based on third party information or on User evaluations generated by the Services. The User must carefully read all the information provided by the food producers, and / or all the information on the packaging and labels, including food allergens, nutritional values ​​and nutrients contained, healthy indications, recalls and any other information relating to the food products before to consume any type of product.
  • The User must also read all the information provided by the appliance manufacturers on packaging and instruction booklets regarding the conscious use of the appliances themselves. The User is responsible for monitoring all appliances for safe operation, as well as verifying that the food has been stored and cooked at safe temperatures. For additional information on an appliance, contact the manufacturer. TCH assumes no responsibility for the malfunctioning of household appliances that cause damage to property or personal injury and / or for the use of machinery that does not comply with the provisions of the manufacturer.

3. The sources for nutritional value data, whose intellectual property rights are recognized, are:

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