Terms and conditions
Effective Date: 18 Dec 2024
Welcome to AeroPrecipe.com (“AeroPrecipe”, “we”, “our”, “us”). By using, browsing, and/or accessing this website, including any purchases of goods and/or additional services (collectively, “use”), you agree to these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (“Terms”). Use of this website (the “Site”) is strictly voluntary. Your use of this website constitutes your agreement to follow these Terms and to be bound by them.
IMPORTANT NOTICE: THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW. To the fullest extent permitted by applicable law, any and all disputes or claims between us relating to or arising out of this Agreement shall be resolved exclusively through binding arbitration.
These Terms of Use may be updated by us from time to time without notice.
Account Creation, Security, and Responsibilities
To access certain features, you may need to create an account. By creating an account, you agree to the following:
- Provide Accurate Information: All registration details must be accurate, complete, and current. You agree to update your information if it changes.
- Account Confidentiality: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.
- Unauthorised Use: Notify us immediately of any unauthorised access or suspected breaches of your account.
AeroPrecipe implements reasonable measures to protect personal information. However, we cannot guarantee complete security and are not responsible for any unauthorised access beyond our control.
We reserve the right to deny you access to the Site, or any portion of the Site, without notice and at our sole discretion.
Membership Eligibility and Use
Eligibility and Personal Use
- Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to create an account and use the Site.
- Personal Use: The Site is intended for personal, non-commercial use only.
Membership Types
- Free Membership: Free users can access all publicly available recipes.
- Paid Membership: Paid members gain access to additional features, such as advanced filters, search tools, saving recipes, upvoting, commenting, submitting recipes for review, and private notes.
Payment and Billing
- Payment Authorisation: By providing payment information, you authorise AeroPrecipe to charge the applicable fees.
- Price Changes: AeroPrecipe may adjust membership fees without advance notice of any changes.
- Cancellation and Refunds: You may cancel your membership at any time. However, all payments are non-refundable. Refunds will only be issued in exceptional circumstances (e.g., duplicate payments or significant service disruptions).
User-Submitted Content
Content Ownership and License
Except as expressly provided otherwise in this Agreement, you or the owner of any content (“Content”) you post, upload, transmit, send, or otherwise make available on or through the Service retains ownership of all rights, title, and interests in such Content.
However, by posting, uploading, transmitting, sending, or otherwise making Content available, registering for the Service, entering sweepstakes or contests, or engaging in any other form of communication with us (on or through the Service or otherwise), you irrevocably grant us a royalty-free, perpetual, nonexclusive, unrestricted, worldwide right and license to:
- Copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others;
- Use or change all such Content and communications in any medium (now existing or hereinafter developed) and for any purpose, including commercial purposes;
- Use your Content in connection with the Site, AeroPrecipe, and our products and services, including offline print materials such as coffee recipe books;
- Use your name, image, likeness, voice, username, caption, location information, and biographical information.
This means we may use any ideas, suggestions, developments, or inventions you share in any manner we see fit, without compensation or attribution to you.
You are responsible for maintaining copies or backups of any Content, Personal Information, or communications you post, upload, or transmit through the Service that you wish to retain.
User Content Warranties
By submitting Content, you warrant that:
- Ownership: You own or have the necessary rights and permissions to submit your Content.
- No Infringement: Your Content does not infringe the rights of any third parties, including but not limited to intellectual property, privacy, or publicity rights.
- Compliance with Laws: Your Content complies with all applicable laws and regulations.
You agree to indemnify, defend, and hold AeroPrecipe harmless from any claims or liabilities arising from a breach of these warranties.
Public Content and Privacy
Content you disclose in publicly accessible portions of the Service may be available to other users. You should exercise caution and be mindful of the Personal Information and sensitive Content you choose to post. We are not responsible for the consequences of any Content or Personal Information you post, upload, transmit, send, or otherwise make available on the Service.
Service Modifications and Updates
We reserve the right, at our sole discretion and without notice, to review, edit, move, add, delete, or otherwise modify any features, functionality, or Content available on or through the Service. This includes, but is not limited to, Content in your account/profile, messages, posts, or threads, as well as updates or upgrades to Content (automatic or otherwise).
By using the Service, you agree to accept and not interfere with automatic updates or upgrades. Changes to the Service may not be consistent across all platforms or devices. Failure to refresh the Service, or to download updates or upgrades, may result in an experience that does not reflect the most recent features or functionality, for which we disclaim all responsibility and liability.
If changes to the Service require new, additional, or different devices, equipment, hardware, software, or services (e.g., Internet or mobile), you are solely responsible for any associated expenses.
Content Retention and Access
Even if Content is removed from your account/profile, messages, posts, or threads (whether by you or us), copies of such Content may be retained or remain viewable by us, our licensors, vendors, service providers, and/or third parties, including other users.
Submission of Third-Party Recipes
By submitting a recipe that you did not originally create, you agree to the following:
- Responsibility for Permissions: You are solely responsible for ensuring that you have obtained permission from the original recipe creator before submitting the recipe to AeroPrecipe.
- Attribution: You must provide proper credit to the original recipe creator by including their name or other identifying information in your submission.
- Removal Upon Request: If the original creator of the recipe contacts us and requests its removal, we will comply and remove the recipe without prior notification to you.
Right to Delete Submitted Recipes
Users have the right to delete recipes they have submitted to AeroPrecipe. However:
- Continued Use of Published Content: AeroPrecipe reserves the right to continue using, reproducing, and displaying any content, including recipes and associated images, that were previously published or shared on external platforms (such as social media), unless you explicitly request their removal.
- Written Request for Removal: If you wish to have your previously published content removed from external platforms, you must submit a formal written request to AeroPrecipe. We will make reasonable efforts to comply with your request where practicable.
Deleting Your AeroPrecipe Account
You may remove your Content from the Services at any time by specifically deleting it or, if that is not possible, by sending us a request. If you remove your Content, AeroPrecipe may:
- Retain a copy of your Content for backup, archival, or audit purposes.
- Continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
Prohibited Activities
You agree not to engage in any activity that:
- Commits or encourages a criminal offence.
- Transmits or distributes malicious software or harmful material.
- Hacks into any aspect of the Site.
- Corrupts data.
- Causes annoyance to other users.
- Infringes upon others’ proprietary rights.
- Sends unsolicited advertising or promotional material.
- Attempts to affect the performance or functionality of the Site.
Any such activities may result in suspension or termination of your account, and legal action may be pursued as appropriate.
Ratings, Comments, and User Conduct
Ratings and comments posted by Users are not endorsed by AeroPrecipe and do not represent our views. We do not assume liability for ratings and comments or for any resulting economic loss claims.
User Integrity Requirements
You agree to:
- Base ratings and comments only on actual, first-hand experience.
- Not provide ratings or comments where you have a competitive, ownership or other economic interest.
- Not submit ratings or comments in exchange for payment or benefits.
- Comply with all terms of this Agreement.
AeroPrecipe reserves the right to monitor, edit, or remove user-generated content that violates these Terms or harms the Site’s integrity.
Sponsored Content, Affiliate Disclosure and Advertising
Sponsored Content
- Content available through your AeroPrecipe membership may be sponsored by third-party advertisers.
- AeroPrecipe may promote and advertise its own products or services.
- Featured personalities might be incentivised to encourage user sign-ups.
Affiliate Marketing
AeroPrecipe participates in affiliate marketing programmes and may earn commissions on purchases made through affiliate links. These links will be clearly identified in accordance with applicable laws.
Third-Party Services
The Services contain links to third-party websites, resources, and services. AeroPrecipe:
- Is not responsible for their availability or accuracy.
- Does not endorse third-party services by linking to them.
- Is not liable for information, products, or services available through third parties.
Privacy and Data Collection
We collect personal data to improve our services, provide a personalised experience, and comply with legal obligations. By using the Site, you consent to our data collection and processing practices as outlined in our Privacy Policy.
Cookies and Tracking Technologies
This site, like many others, uses small files called cookies to help customise your experience. ‘Cookies’ are small text files that are stored by the browser on your computer or mobile phone. Websites are able to read and write these files, allowing them to store things such as personalisation details or user preferences. Cookies provide a “memory” for the website, enabling it to recognise a user and respond appropriately.
- We use cookies and similar technologies to enhance user experience and analyse traffic.
- You may opt out of cookies via your browser settings, but some features may become unavailable.
Recipe Disclaimer
The recipes on AeroPrecipe are user-generated and provided for informational purposes only. AeroPrecipe:
- Makes no guarantees regarding the accuracy, safety, or effectiveness of any recipe.
- Recommends users verify all nutritional information.
- Disclaims liability for any adverse effects or health issues from recipe preparation or consumption.
Disclaimer of Warranties
AeroPrecipe and its content are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee:
- The accuracy, reliability, or completeness of any content.
- Uninterrupted or error-free access to the Site.
Limitation of Liability
To the fullest extent permitted by law, AeroPrecipe and its affiliates will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site, including but not limited to:
- Loss of profits, data, or goodwill.
- Inability to access or use the Site.
Our total liability for any claims related to your use of the Site is limited to the amount you have paid us in the last 12 months.
Indemnification
You agree to indemnify and hold AeroPrecipe and its affiliates harmless from any claims, damages, or expenses (including legal fees) arising out of:
- Your use of the Site.
- Your violation of these Terms.
- Your infringement of any third-party rights.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to conflict of law principles.
Dispute Resolution
- Informal Resolution: We encourage you to contact us first to resolve any issues informally by emailing [info@aeroprecipe.com].
- Binding Arbitration: If informal resolution is unsuccessful, any disputes, controversies, or claims arising out of or in connection with these Terms or your use of the Site shall be resolved through binding arbitration administered by the Hong Kong International Arbitration Centre \(HKIAC\) under its Administered Arbitration Rules. The arbitration shall take place in Hong Kong in English. The arbitral award shall be final and binding on the parties.
- Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in any class action lawsuits or class-wide arbitrations related to your use of the Site.
- Residents of the European Union: If you are a resident of the European Union, you may have additional rights under EU consumer protection laws, including access to the EU’s Online Dispute Resolution \(ODR\) platform.
Children’s Online Privacy Protection Act (COPPA)
We do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information from our records.
Changes to the Terms
AeroPrecipe reserves the right to modify or update these Terms at any time. If significant changes are made, we will notify you through the Site or via email. Continued use of the Site after the changes take effect constitutes your acceptance of the new Terms.
Termination
We reserve the right, in our sole discretion, to:
- Restrict, suspend, or terminate this Agreement and your access to the Site at any time without prior notice or liability.
- Change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Force Majeure
AeroPrecipe shall not be liable for any failure to perform its obligations due to unforeseen circumstances beyond its control, such as natural disasters, war, pandemics, internet outages, or other “Force Majeure” events. In such cases, our obligations are suspended for the duration of the event.
Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and AeroPrecipe regarding your use of the Site.
- Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
- Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent.
Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: info@aeroprecipe.com
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.