Terms & Conditions
The Important Stuff
These Terms and Conditions govern participation in Scoffed cooking classes. Participants’ rights under these Terms and Conditions are in addition to and do not in any way limit their rights under Australian Privacy Law, which may not be lawfully excluded. All other terms, conditions, guarantees and liabilities which are not expressly included in these Terms and Conditions are excluded.
- Bookings and Payments.
2.1 Bookings are non-transferrable.
2.2 All payments are non-refundable unless a class is cancelled by Scoffed in which case the participant can transfer the booking to another class.
3.1 Participants are requested to arrive no later than 10 minutes prior to the scheduled start time of the Class.
3.2 Participants must follow the Food Handling and Hygiene Procedures and all reasonable instructions issued by Scoffed personnel from time to time.
3.3 Participants must wear appropriate footwear and clothing as advised. Required attire includes, but is not limited to; wearing comfortable closed toe shoes and clothing, hair shoulder length or longer must be tied back; excessive jewellery to be avoided.
3.4 Participants must be age 6 or above to attend a class. Participants younger than 6 can be accommodated, but will need to be supervised for the whole class by a responsible adult.
3.5 Participants who require a carer due to special needs must ensure a separate booking and payment is arranged for the carer. The same carer must attend all classes in the course for health and safety purposes. It is preferable for a person with special needs to arrive 15 minutes before the first class to ensure the Scoffed team have adequate time to discuss any issues that may arise for the participant during the course. If after the completion of the first class the participant with special needs is deemed to require the full time assistance of the carer (assessed by Food Trainer), the carer will no longer be able to participate in the class and must expressly be there to assist. A ratio for participants with special needs who
require a carer is 1 (carer) to 1 (participant).
3.6 Any participant who has been or suspects they may be ill, or becomes ill, in the 48 hours prior to any booked class with any communicable diseases (e.g. colds and flu; diarrhoea, vomiting) and other infections must not attend the relevant class. This is necessary to protect all participants as these sorts of illnesses can be spread through food.
3.7 A participant may be refused admission or required to leave a class if any member of personnel suspects that the participant is under the influence of alcohol or any other substance, is ill with a communicable disease or is engaging in inappropriate behaviour (as determined by Scoffed personnel).
3.8 Participants must follow all instructions issued by the Scoffed team for the preparation of the meals and the transportation, storage, re-heating and consumption of the meals. Participants are solely responsible for the transportation, proper storage and re-heating of all meals.
3.9 Each participant is responsible for advising Scoffed at the time of booking of any food allergies that the participant may have. Classes involve cooking with a variety of ingredients including potentially allergenic foods (including without limitation nuts and eggs). Any participant with a food allergy must consult with the Scoffed team both before and during any class prior to handling or consuming any foods.
4.1 Scoffed collects personal information about participants, this information being necessary for Scoffed to run and promote its cooking programs and classes.
4.2 Participants consent to Scoffed:
4.2.1 Collecting and sharing between them certain personal information, including but not limited to the Participant’s:
(c) Email address;
(d) Phone number;
(e) Date of birth or age
For the purposes of scheduling and running the classes, conducting research, marketing and promotional activities in relation to Scoffed Pty Ltd;
4.2.2 Participants consent to Scoffed and Associated Entities taking and sharing photographs, film, tape and other images or likenesses of the participant, or any sound recording and using them for marketing and promotional purposes. Participants may advise Scoffed Pty Ltd at the time of this information being collected that they do not wish for photographs, film, tape and other images or likenesses of them being taken and used.
4.2.3 Participants consent to Scoffed Pty Ltd and Associated Entities making, creating, storing, recording, transmitting, reproducing or using recordings or photographic images of any participant during classes. Unless they otherwise reach an agreement with Scoffed, each participant grants Scoffed and Associated Entities permission to use the participant’s name, any recordings and/or photographic images, or other images or likenesses of the participant, in any media (including publication within and outside Australia) and for any purpose without identification or compensation or payment of any kind.
4.2.4 Participants consent to receiving future promotional and marketing material from Scoffed and/or the Associated Entities, including via electronic messages (e.g. email, SMS, via social media sites etc), and to Scoffed and/or its Associated Entities telephoning the participant for an indefinite period. If you do not wish to receive promotional and marketing material from Scoffed and/or its Associated Entities please email us at firstname.lastname@example.org or unsubscribe at the bottom of the email.
4.3 Scoffed is constantly seeking to improve its programs. It may contact you to undertake evaluation of the programs, including the program the participants are involved in.
4.4 Participants have certain rights to access their personal information held by Scoffed and can request access by contacting us by email at email@example.com.
4.5 Participants must not use, publish or distribute the name, logo or recipes received during the course, or any variation of them, in any way, including publicity, advertising, marketing collateral, or news release without the prior written approval of Scoffed.
- Liability for loss.
5.1 Participants are responsible for their own property. Scoffed will not be liable for loss of or damage to any property brought to the classes by any participant.
5.2 The classes involve working with sharp knives and other utensils, handling hot objects, operating stoves, ovens and other appliances and other activities generally associated with food preparation and cooking. Participants are warned that there is a possibility of an accident causing injury, death or property damage or loss from participation in the classes and the preparation, storage, transportation, re-heating and consumption of the meals.
5.3 The total liability of Scoffed to any participant for damages, regardless of the cause of action, whether contract, tort or breach of statute or any legal or equitable obligation, is limited to the total price charged for any classes booked, except where such liability arises solely as a direct result of the negligence of Scoffed.
5.4 Without limiting any other release or limitation of liability contained in these Terms and Conditions, but to the extent permitted by law, in no event will Scoffed or its Associated Entities be liable for any lost profits, loss of earnings or any consequential, exemplary, incidental, indirect or special damages arising from, or in any way related to the participants’ attendance at the classes and/or the preparation, storage, transportation, re-heating and consumption (including, without limitation, any allergic reaction as a result of preparation or consumption) of the meals.
- Release and discharge of Scoffed.
To the extent permitted by law, participants exclude, release and forever discharge Scoffed from all liability for any and all claims, loss, damage, costs or expenses arising from all property loss or damage, personal injury or death arising from or connected with a participant’s participation in the classes and/or the preparation, storage, transportation, re-heating and consumption (including, without limitation, any allergic reaction as a result of preparation or consumption) of the meals, except where such property loss or damage, personal injury or death arises solely as a direct result of the negligence of Scoffed.
7.1 Participants indemnify Scoffed against all claims, loss, damage, costs or expenses arising from personal injury or death sustained by a participant or anyone affiliated or connected with a participant, in connection with or resulting directly or indirectly from any participant’s preparation, storage, transportation, re-heating and consumption (including, without limitation, any allergic reaction as a result of preparation or consumption) of the Meals, except where such personal injury or death arise solely as a direct result of the negligence of Scoffed.
7.2 If legislation implies in these Terms and Conditions any condition or warranty which cannot be excluded or avoided, then the condition or warranty will be deemed included in these Terms and Conditions. However, to the extent permitted by law, Scoffed’s liability
for any breach of such condition or warranty will be limited, at Scoffed’s option, to one or more of the following:
7.3 The supplying of the classes again; or
7.4 The payment of the cost of having the classes supplied again.
- Governing Law.
8.1 These Terms and Conditions are governed by the laws of the State of South Australia.
8.2 Participants acknowledge and agree that any part or parts of these Terms and Conditions which contravene the law of the relevant jurisdiction and are not enforceable (or part or parts thereof), are severable and do not invalidate the remaining conditions.
- Safety Procedures.
Participants acknowledge and agree they have been advised of and understand the following safety procedures to be followed when participating in a class:
9.1 Emergency Evacuation Procedures;
9.2 Kitchen Safety, including handling of knives and use of electrical and induction appliances; and
9.3 Food Handling and Hygiene Procedures; including the taking home of meals. .
- Variation to Terms and Conditions.
Scoffed may revise these Terms and Conditions from time to time by updating them in writing. The revised Terms and Conditions will take effect when they are posted online.
- Definitions and Interpretation.
11.1 In these Terms and Conditions, unless expressed or implied to the contrary:
Associated Entities means:
(a) Scoffed Pty Ltd
(b) sponsors and promotional partners
(c) all other persons involved in the organisation, conduct and promotion of the classes and their respective directors, employees, volunteers, agents and contractors.
Australian Privacy Law means: the Privacy Act 1988 (Cth) and applicable State and Territory privacy legislation.
Classes means: the classes offered as part of Scoffed’s program and class means any one of the classes.
Program means: a series of classes as opposed to a single class.
Emergency Evacuation Procedures means: the process by which trainers and students located in the Ministry of Food are to follow when evacuation is required.
Food Handling and Hygiene Procedures means: the procedures for handling of food in the school and requirements for hygiene by trainers and participants.
Kitchen Safety means: refers to the safe use of implements within the Scoffed Kitchen
Meals means: the food prepared at each class.
Participants means: members of the public who sign-up for the class or program and who participate in the classes.
Recordings means: sound recordings, visual footage or audio-visual footage.
Terms and Conditions means: these terms and conditions, as varied from time to time.
Scoffed means: Scoffed Pty Ltd ACN 079 418 438
By ticking the acceptance box on the booking form you agree to accept the terms and conditions as laid out in the above details and agree to adhere to the requirements and guidelines of Scoffed Pty Ltd.
12. Intellectual Property – Educators Cooking Course.
12.1 In participating in the Educators Cooking Course you are being taught the Intellectual Property developed by Scoffed Cooking School. Scoffed Cooking reserves all rights to the shared IP.
12.2 You are: permitted to use Scoffed’s IP for the purpose of teaching children within an educational environment.
12.3 You are not: permitted to establish your own business, go into direct competition or run your own cooking classes using Scoffed’s published material.
12.4 You can purchase: A Scoffed Licence to become a Licensee and operate your own business under the Scoffed Master Brand Licence agreement. Send enquiries to: firstname.lastname@example.org