Terms and conditions

TERMS & CONDITIONS

1.1. The Chef Life mobile app (“Chef Life Platform”) is a community jobs marketplace that is operated by Chef Life App Pty Ltd, ACN 649378012 (“Chef Life”), which provides a platform to facilitate the matchmaking of hospitality businesses that have roster vacancies which need filling ("Businesses") with those people who are looking for extra shifts and/ or ongoing employment ("Individuals"). When this agreement refers to:

(a) A “User” or “Users” includes both Businesses and Individuals on the Chef Life Platform;

(b) “Chef Life Services” means the matchmaking of Businesses and Individuals and includes any other services provided by Chef Life on the Chef Life Platform. The Chef Life Services may be reviewed and updated, changed or deleted from time to time; and

1.2. The Chef Life Platform provides sign up links for Users to create their own account via the Chef Life website, or by downloading the mobile phone app from the Apple AppStore where they can use the in-app sign-up option. To complete the account creation, Chef Life must approve the User account first. At the discretion of Chef Life, they may limit the participation of Users. This may arise when, but not limited to if a User’s application is incomplete; if Chef Life does not operate in their location; the User is not legally entitled to perform shifts on the platform; or if there is no demand for a particular role competency on the Chef Life Platform.

1.3. Chef Life does not serve as an employer of any User on the Chef Life Platform and Users are in no way legally affiliated with Chef Life other than as may be described by the Terms & Conditions. Users agree that neither they nor Chef Life, intends to create an independent contractor relationship, partnership, joint venture, employer-employee, principal-agent or franchise relationship and thus no such relationships are created. Chef Life expressly disclaims any contract, tort or any statutory liability arising in any dispute between Users of the Chef Life Platform and we reiterate that Chef Life only provides the services on the Chef Life Platform to facilitate a Business to find an Individual who is seeking to perform the shift.

1.4. These terms and conditions (‘Terms’) apply to the use of the Chef Life Platform and any Chef Life Services and Users agree to be bound by these Terms. These Terms may be reviewed and amended at any time. Notification of the amended Terms may be sent to Users by email or as a general notice posted to each Users account. The amended Terms will then take effect from the next time a User logs onto the Chef Life Platform. The continued use of the Chef Life Platform by any User is subject to the current Terms as amended from time to time and if any User does not agree with the amendments to the Terms, then that User must stop using the Chef Life Platform.

2. USING THE PLATFORM

2.1. A Business who needs a shift performed must first create an account with Chef Life. After Chef Life has approved the account, a Business may create and post a shift ad (“Posted Shift”) which includes the date, start time, finish time, hourly rate and role competency, with a description of the service, as described in clause 8.1 of this Agreement. A Business cannot update a Posted Shift after it has been published, but they may cancel the shift at any time. Chef Life may also act on behalf of a Business to cancel or post a shift. A Business may offer an Individual the shift after reviewing their profile using the functionality on the Chef Life Platform. The Business may withdraw their offer anytime before the Individual has accepted the shift. If there are no applications for a Posted Shift before the start time, the shift will expire. A Business should be familiar with Chef Life’s Community Guidelines before using the Chef Life Platform.

2.2. An Individual who is seeking to perform a shift must first create an account with Chef Life. After Chef Life has approved the account the Individual may review and apply (“Application”) for any shifts they have received a notification for. Individuals will only receive a notification for shifts which match their role competencies, and which are offering an hourly rate above the minimum hourly rate specified by the Individual. By making an Application the Individual confirms that s/he is legally entitled to and capable of performing the services described in the Posted Shift. An Individual may cancel their Application for a Posted Shift at any time before they accept an offer from the Business. Applications are subject to further terms set out for Posting Shifts and Applying below. An Individual should be familiar with Chef Life’s Community Guidelines before using the Chef Life Platform.

2.3. After an Individual accepts the offer from the Business, both Users can communicate privately using each other’s mobile number.

2.4. Once an Individual has accepted an Application from a Business then the Business and the Individual will be deemed to have entered into a separate contract under which the Business agrees to purchase, and the Individual agrees to provide the Business with the services on a casual basis with no guarantee of ongoing or regular work following the completion of the Posted Shift ("Shift Contract"). The terms of the Shift Contract incorporate the terms of the Posted Shift described in clause 8.1 and the additional terms set out in clause 8.2 of this Agreement and any additional terms and conditions agreed between the Business and the Individual. Users agree not to enter into any contractual provisions in a Shift Contract that conflict with this Agreement. If the Business pays any tips to the Individual, that will be on top of the hourly rate agreed to in the Shift Contract. The Individual must provide the services to the Business in accordance with the Shift Contract, unless the services are prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies. The terms of this Agreement incorporated into a Shift Contract take priority over any other terms agreed between a Business and an Individual in the Shift Contract to the extent of any inconsistency.

2.5. Once an Individual has provided the services requested by a Business in accordance with the Shift Contract, the Individual should verbally confirm the final duration of the shift with the Business before leaving the venue or event site, factoring in any breaks. If the actual shift duration differs to what was agreed to in the Shift Contract, the Business will reflect this variation when they confirm the total hours. If a Business does not submit the correct duration when they end the shift, this will constitute a breach of the Shift Contract. By submitting the hours worked, the Business also triggers payment for the services. The Business will pay the funds to the Individual after the deduction of the relevant fees set out in the Service Fee Schedule and described in Fees below ("Service Fees"). Chef Life uses Stripe Payments to facilitate this transfer of funds. After the transaction is concluded by the Business, both the Individual and Business are mandated to provide a review of each other using the 5 Star Reputation System and as an optional extra, they are encouraged to provide a short written review. Chef Life may contact Users to remind them to complete a Chef Life service review.

2.6. Following the completion of a shift, an automated shift summary is sent to both Users via email, including the relevant information about the Individual for the Business to legally complete any administration for the shift, including information and documentation in relation to compliance with the income tax legislation or the GST requirements of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). If the Business requires more information about the Individual, it is the Business’s responsibility to request this information from the Individual. Chef Life takes no responsibility for the Business and Individual failing to perform their own administration to ensure all shifts are legal and comply with relevant legislation.

2.7. The Posted Shift will include the location of the Business where the shift is being performed will be visible to the Individual. A Business and Individual should never disclose personal details such as their full name, street number, phone number or email address in a Posted Shift.

2.8. The Chef Life Services may be reviewed and updated from time to time.

3. PAYMENT

3.1. Chef Life Individuals are required to link a bank account to their Chef Life account prior to applying for any shifts. Similarly, a Business must link a valid credit/ debit card to their account prior to offering a shift to an Individual. It is the responsibility of the Business and Individual to ensure that valid and accurate details are used. Chef Life takes no responsibility for payments made to the incorrect bank account, and it is the Individual’s responsibility to follow up payment with the Business when this takes place.

3.2. When a Business ends a shift and confirms the hours worked, the Business also triggers payment for the services. If that payment cannot be made for any reason the Shift Payment will be handled in accordance with this clause 3.

3.3. If the Business or Individual want to cancel the Shift Contract and there is no dispute between the Users, they may do so by informing one another via mobile numbers and then cancelling the shift using Chef Life Platform functionality. In the event of an Individual “no-show”, the Business can end the shift and alert Chef Life of the “no-show”. In these cases, no payment is made, and Chef Life will follow up with both Users in accordance with the Community Guidelines.

3.4. If for any reason, the Shift Payment cannot be transferred or otherwise made to the Individual, the Business must contact the Individual and Chef Life to ensure both parties are aware of the situation. Shift Payment must be arranged at least 7 days prior to the completion of the Shift.

3.5. Chef Life uses a third party service provider ("Payment Provider") to provide payment services, acting as a payment facilitator on behalf of the Business and Individual. By using the Chef Life Platform you agree to be bound by the payment facilitators Privacy Policy, located at https://stripe.com/au/privacy, and hereby consent and authorise Chef Life and the Payment Provider to share any information and payment instructions you provide with one another and, to the extent required to complete your transaction. By registering and creating an account with Chef Life, you agree to be bound by the Payment Provider's terms and conditions which are located at https://stripe.com/au/legal. Chef Life expressly states that the services offered by the Payment Provider are Third Party Services. If Users engage with any Third Party Service provider your agreement will be directly between you and that Third Party Service provider. Chef Life makes no representation or warranty as to the Third Party Services.

4. INSURANCE

4.1. Chef Life has obtained an insurance policy which provides cover for Users. Terms and conditions for these Third Party Services are set out under www.thechef life.com.au/insurance. If the Individual is relying on any cover provided by the Business, Chef Life does not represent that the insurance offered by the Business is adequate or appropriate for any particular User. Each Individual must make its own enquiries about whether any further insurance (such as Individuals compensation or general liability insurance) is required.

4.2. The Individual acknowledges and agrees that in the event that a Business makes a claim relating to any services performed by an Individual, and the insurance taken out by Chef Life (if any) responds to that claim then this clause applies. Chef Life may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Chef Life from the Individual. Where Chef Life makes a claim and the insurer assesses that the Individual is responsible, Chef Life is entitled to rely on that assessment. If you do not pay any excess, Chef Life may also elect to set this amount off against future money it may owe to the Individual.

5. USER ACCOUNTS

5.1. All applications to join Chef Life must be made through the Chef Life Platform, or the sign up feature in the mobile phone app, with real and verifiable information. Chef Life may perform background checks and vet Individuals before accepting them on the Chef Life Platform. Chef Life User accounts can only be created in the name of an Individual. However, Businesses including Owners and Managers may create a separate Business account. No more than one Business account is permitted per location.

5.2. Your account is your responsibility and cannot be sold or transferred. To create an account and use the Chef Life Services you must be able to form legally binding contracts under applicable law. Chef Life Services are not available to persons under 18 years of age. If you do not qualify to use the Chef Life Services, you must not use the services.

5.3. Your verified account must represent the Individual completing the shift and all personal details must be current and valid. While you are registered with Chef Life you must maintain control of your Chef Life account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).

5.4. At its absolute discretion, Chef Life may refuse to allow any person to register or create an account with Chef Life or cancel or suspend any existing account.

6. USER’S OBLIGATIONS

6.1. All Users agree that at all times:

(a) You will comply with this Agreement (including all Chef Life Policies) and all applicable laws and regulations;

(b) You will post only accurate information on the Chef Life Platform;

(c) You will promptly and efficiently perform all your obligations to other Chef Life Users under a Shift Contract and to Chef Life under this Agreement;

(d) all content (whether provided by Chef Life, a User or a third party) on the Chef Life Platform may not be used on third party sites or for other business purposes without Chef Life’s prior permission;

(e) You will ensure that you are aware of any laws that apply to you as a Business or an Individual, or in relation to any other way(s) that you use the Chef Life Platform; and

(f) You must not use the Chef Life Platform for any illegal or immoral purpose.

6.2. Each Business warrants that at all times:

(a) You must comply with the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and business opportunity adverts: how to handle them’. This publication can be accessed at http://www.accc.gov.au/publications/misleading-job-and-business-opportunity-adverts-how-to-handle-them.

(b) Any Position Vacancy that you upload to the Chef Life Platform does not contravene applicable anti-discrimination and/or equal opportunity legislation as amended from time to time, including anti-discrimination legislation relating to age, disability, sex or sexual orientation, race, religion or ethnicity.

(c) The Shift Contract and any terms and conditions of the Posted Shift offered by the Business to the Individual must comply with relevant award or registered agreement and the provisions Fair Work Act 2009, including the National Employment Standards (NES) relating to casual Individuals.

(d) It will provide a safe working environment for Individuals and that it will comply with the relevant workplace health and safety legislation and will have and maintain any insurance policies or Individuals’ compensation arrangements that are required by any relevant legislation.

6.3. Each Individual warrants that at all times:

(a) You have the right to work in Australia and to provide services under a Shift Contract; and

(b) You will comply with your tax obligations in relation to any payment received under a Shift Contract.

6.4. Each User grants to Chef Life an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Chef Life Platform for the purpose of including that material and information on the Chef Life Platform and as otherwise may be required to provide the Chef Life Service, for the general promotion of the Chef Life Service and as permitted by this Agreement.

6.5. Each User warrants that any information posted on Chef Life Platform must not, in any way whatsoever, be potentially or actually harmful to Chef Life or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Chef Life. Without limiting any provision of this Agreement, any information you supply to Chef Life must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);

(e) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(f) be obscene or contain any material that, in Chef Life's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Chef Life Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.

6.6. Each User agrees that when you enter into a Shift Contract using the Chef Life Platform you create a legally binding contract with another Chef Life User unless the transaction is prohibited by law or by this Agreement (including the Chef Life Policies). If you do not comply with your obligations to another Chef Life User under a Shift Contract, you may become liable to that other User. If another User breaches any obligation to you, you and not Chef Life are responsible for enforcing any rights that you may have with that User.

6.7. If Chef Life determines at its sole discretion that a User has breached any obligation under this clause 6, it reserves the rights to remove any content, offer of work or Posted Shift a User has submitted to the Chef Life Service or cancel or suspend the User account.

7. FEES

7.1. Registering and creating an account with Chef Life is free. There is no charge for a Business to Post Shifts, or for other Chef Life Users to review content on the Chef Life Platform, including Posted Shifts.

7.2. If a Business has accepted your offer, Individuals agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the total fee and paid to Chef Life (or its nominee). The Service Fees are inclusive of GST.

7.3. The Service Fees will be deducted and paid to Chef Life when the shift is ended by the Business and the shift duration is confirmed. To be clear, Service Fees will be calculated only on the Total Shift Value paid by the Business to the Individual through the platform. Any other income (such as Tips) or expenses (such as Transport) incurred will not be included in any calculation of the Service Fees.

7.4. Chef Life may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Chef Life notifies you of that change by sending a message to your Chef Life account.

7.5. Chef Life may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Chef Life account.

7.6. All fees and charges payable to Chef Life are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).

7.7. If Chef Life introduces a new service on the Chef Life Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.

7.8. The Individuals must not charge a Business Service Fees on top of the agreed price for the Services under the Shift Contract.

8. POSTING SHIFTS, APPLYING & HIRING

8.1. A Posted Shift must include the following details in order to be accepted by Chef Life:

(a) Date, start and finish time;

(b) Hourly rate: the hourly rate that the Business is prepared to pay for the services required, including any shift loadings and entitlements; and

Additional details should be included in the Shift Description, as follows:

(a) Description and House Rules: a short description of services and details about the Business for the Individual’s attention;

(b) Tax liability: whether the engagement at the hourly rate will be as a casual employee (with PAYG tax deducted) or whether the engagement will be as an independent contractor with the Individual providing a tax invoice based on the hourly rate exclusive of GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and

(c) Proximity: whether the Individual may be required to perform services at more than one location; and, if the Individual is required to perform services at more than one location, the maximum distance from the Business’ primary location that the Individual will be sent.

8.2. A Shift Contract will require the Individual to:

(a) Perform all duties described in the Posted Shift to the best of your ability at all times;

(b) perform any other duties that are usually performed by a person carrying out the role described in the Posted Shift, which is consistent with your skills, training and experience; and

(c) follow all reasonable and lawful directions given to you by the Business, including complying with policies and procedures provided to you by the Business at the commencement of the shift.

8.3. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.

8.4. As well as the mandatory details mentioned in paragraph 8.1, a Business may choose to specify additional terms that s/he wants to apply to the transaction such as a qualification (for example, RSA – responsible service of alcohol qualification), or experience with specialised equipment.

8.5. Businesses must describe the service fully and accurately and include all terms of Chef Life that you want to apply, as well as any information required by law. Posted Shifts may only include text. You must have the legal right to use any content that you post. Chef Life may, in its sole discretion, remove any Posted Shift for any reason.

8.6. In making an Application, an Individual agrees to provide the relevant services on the terms and conditions specified in the Posted Shift (unless the Individual and the Business agree to vary the terms and conditions in the course of negotiations, in which case the Individual must perform the services in accordance with the agreed timeframe and terms and conditions). Once an Individual accepts an offer from a Business, no further negotiations are permitted on the Chef Life Platform in relation to the provision of the relevant services. If, after the Individual accepts an offer from a Business, the Individual and Business wish to discuss any other details related to the Shift (for example, confirming the duration of a Shift or uniform to be worn), they may contact each other directly.

8.7. If a Chef Life User wishes to complain about any review made on the Chef Life Platform, please either use platform functionality, or email Chef Life using the contact information on the Chef Life Platform

8.8. Individuals may choose not to accept any offer. Businesses may withdraw any Posted Shift at any time prior to an Individual accepting an offer from a Business.

8.9. A Chef Life User or Business has no obligation whatsoever to make an offer on any Posted Shift.

9. FEEDBACK

9.1. Chef Life is entitled to suspend or terminate your account at any time if Chef Life, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other Chef Life Users.

9.2. To continue to improve our Chef Life Platform, please let us know of any issues that you experience using a Third Party Service by contacting us at hello@thecheflife.com.au.

10. LIMITATION OF LIABILITY

10.1. Except for liability in relation to a breach of any non-excludable condition, Chef Life's liability to any User of this service is limited to the total amount of fees paid by that User to Chef Life during the twelve month period prior to any incident causing liability of Chef Life.

10.2. Chef Life's liability to you for a breach of any non-excludable condition (other than a non-excludable condition that by law cannot be limited) is limited, at our option to providing again or paying the cost of providing again, services in respect of which the breach occurred.

11. DEFAULT IN TRANSACTIONS

11.1. If you, as an Individual or Business, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Chef Life's rights under this Agreement (including any Chef Life Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, you may be in breach of your obligations to both Chef Life and the Individual or Business with whom you are transacting under a Shift Contract.

12. PRIVACY

12.1. Chef Life’s Privacy Policy, which is available at www.thecheflife.com.au/privacypolicy applies to all Users and forms part of this Agreement. Use of the Chef Life Platform confirms that you consent to and authorise the collection, use and disclosure of your personal information in accordance with Chef Life’s Privacy Policy.

12.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third Party you must review and agree to their terms of service including their privacy policy.

13. NO WARRANTY

13.1. Except for liability in relation to any Non-Excludable Condition, the Chef Life Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent allowed by law.

14. NO AGENCY

14.1. No partnership, joint venture, employee-employer, principal-agent or other similar relationship is created by this Agreement. In particular, you have no authority to bind Chef Life, its related entities or affiliates in any way whatsoever. Chef Life confirms that all Third Party Services that may be promoted on the Chef Life Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Chef Life specifically disclaims all liability for any loss or damage incurred by any Users in any manner due to the performance or non-performance of such Third Party Service.

15. NOTICES

15.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Chef Life's contact address as displayed on the Chef Life Platform or to Chef Life Users’ contact address as provided at registration. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable, and

(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.

(c) Notices related to the performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.

16. MEDIATION AND DISPUTE RESOLUTION

16.1. Chef Life encourages you to try and resolve disputes (including claims for returns or refunds) with other Chef Life Users directly. Accordingly, you acknowledge and agree that Chef Life may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.

16.2. Chef Life may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Chef Life confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

16.3. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.

16.4. If you have a complaint about the service please contact us at hello@thecheflife.com.au

16.5. If Chef Life provides information of other Chef Life Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Chef Life against any claims relating to any other use of information not permitted by this Agreement.

17. TERMINATION

17.1. Either party may terminate an account and this Agreement at any time for any reason.

17.2. Termination of this Agreement does not affect any Shift Contract that has been formed between Chef Life Users. If you have entered a Shift Contract you must comply with the terms of that Shift Contract including providing the services or paying the price as applicable.

17.3. Third Party Services are subject to Third Party Service provider terms and conditions.

17.4. Sections 6 (User Obligations), 7 (Fees), 10 (Limitation of Liability), and 16 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

18. GENERAL

18.1. This Agreement is governed by the laws of NSW, Australia. The Users and Chef Life submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

18.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

18.3. This Agreement may be assigned or novated by Chef Life to a third party without your consent. In the event of an assignment or novation, you will remain bound by this Agreement.

18.4. This Agreement sets out the entire understanding and agreement between you and Chef Life with respect to its subject matter.

19. MODIFICATIONS TO THE AGREEMENT

19.1. Chef Life may modify this Agreement and/ or the Policies (and update the Chef Life pages on which they are displayed) from time to time. Chef Life will send notification of such modifications to your Chef Life account. You should check that account regularly.

19.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Each time you use the Chef Life Platform in any manner after the expiry of that 30 day period or such other notice period notified to you, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.

19.3. If you do not agree with any changes to this Agreement (or any of our Policies), you must terminate your Chef Life account and stop using the Chef Life Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Chef Life Policy cannot be amended except in writing signed by you and Chef Life.

20. SERVICE FEE SCHEDULE

20.1. The Service Fee for a completed shift which is paid by the business is equal to seven and two tenths per cent (7.2%) of the Total Shift Value per the Shift Contract.

21. IN-APP PURCHASES

21.1 Generally. From time to time, Chef Life may offer products and services for purchase ("in app purchases") through iTunes or Google Play. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise Chef Life or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

21.2 Auto-Renewal; Automatic Card Payment. Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed Chef Life customer service. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Chef Life or the relevant third party account (iTunes or Google Play Store), but be advised that you are still obligated to pay any outstanding amounts.

If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Chef Life) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Chef Life application from your device. Deleting your account on Chef Life or deleting the Chef Life application from your device does not terminate or cancel your subscription; Chef Life will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Chef Life or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

21.3 Chef Life Pro and Virtual Privileges of the Passport feature. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access "virtual privileges", including but not limited to the Passport feature (collectively, "Virtual Privileges"). Any Virtual Privilege status shown in your account does not constitute a real-world status or balance, or reflect any stored value, but instead constitutes the existence or a measurement of the extent of your license. Virtual Privileges do not incur fees for non-use, however, the license granted to you in Virtual Privileges will terminate in accordance with the terms of this Agreement, when Chef Life ceases providing the Service or your account is otherwise closed or terminated. Chef Life, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Privileges and/ or may distribute Virtual Privileges with or without charge. Chef Life may manage, regulate, control, modify or eliminate Virtual Privileges at any time. Chef Life shall have no liability to you or any third party in the event that Chef Life exercises any such rights. Virtual Privileges may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL PRIVILEGES MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Privileges for use on Chef Life is a service that commences immediately upon the acceptance of your purchase of such Virtual Privileges. YOU ACKNOWLEDGE THAT CHEF LIFE IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL PRIVILEGES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL PRIVILEGES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

21.4 Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

Purchases of Virtual Privileges are FINAL AND NON-REFUNDABLE.

To request a refund:

If you subscribed using your Apple ID, refunds are handled by Apple, not Chef Life. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at hello@thecheflife.com.au

If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Privileges. That means that such purchases are FINAL AND NON-REFUNDABLE.