Terms and Conditions
Welcome to tadkachef.com.
Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the TadkaChef, LLC (“TadkaChef”) Web Site and the Membership Services (as each are defined below) provided by TadkaChef. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the TadkaChef Web Site or Services. These Terms and Conditions are effective as of December 30, 2018. TadkaChef Web Site is defined as any and all Websites operated by TadkaChef, LLC, including TadkaChef.com and shall be hereinafter collectively referred to as the “Site.” Membership Services shall be defined as any services provided for by TadkaChef to Users and may be referred to as the “Services.” You and User shall mean any individual or entity that uses the Site and/or engages in the Services.
2.Permitted Uses and Regulations.a. Permitted Uses.
The Site are intended for individuals seeking employment and for Indian Restaurant Owners seeking candidates for potential employment. You may use the Site only for lawful purposes within the stated context of TadkaChef's intended and acceptable use of the Site in its sole discretion.i. License to Use by Indian Restaurant Employees.
TadkaChef hereby grants you a limited, terminable, non-exclusive right to access and use the Site, for your personal, non-commercial use only, while seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any resume or other document you post to a Site and any consequences arising from such posting. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by TadkaChef to any third party without the express written authorization of TadkaChef. TadkaChef reserves the right to suspend or terminate your access and use at any time if TadkaChef determines that you are in breach of these Terms and Conditions, in its sole discretion.ii. License to Use by Indian Restaurant Owners.
TadkaChef hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by TadkaChef to any third party without the express written authorization of TadkaChef. You agree that you are only liable for the content of any document you post to a website and any consequences arising from such posting.
TadkaChef reserves the right to suspend or terminate your access and use at any time if TadkaChef determines that you are in breach of these Terms and Conditions. Employer represents, warrants and covenants that any materials or documents provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, unlimited copyright, trademark, obscenity, rights of promotion or privacy, and defamation laws.
Employer hereby grants TadkaChef a non-exclusive, worldwide, royalty-free license to use the materials, logos, trademarks, Service marks and documents and to hyperlink to Employer's website in connection with the Services, if necessary.iii. License to Use Candidate Database by Indian Restaurant Owners.
TadkaChef grants you a restricted, personal, terminable, non-transferable, non-exclusive right to access the TadkaChef Candidate Database via the Site for the purpose of viewing and/or downloading a single copy of the paper and/or video resumes and other materials or documents related thereto solely for your use.
The Candidate information is to be accessed and used only by you. Upon your successful registration for the Candidate Database, you will be provided with a password that will permit you to access the Candidate Database. You may not provide your password or otherwise permit access to the Candidate Database to any third party. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated security software. You may not use the Candidate Database in any way that, in TadkaChef's sole judgment, adversely affects TadkaChef's business, business prospects, the performance or function of any Site or the Candidate information, or interferes with the ability, of other subscribers to access the Candidate Database.
Further, your use of the Candidate Database may not interfere or violate, in any manner, the privacy election of TadkaChef Indian Restaurant Employees. You may use your registration to the Candidate Database only for seeking candidates for employment.
You are specifically prohibited from using the information contained within the Candidate information to sell or promote any product or services or to require the other action that's, in TadkaChef's sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. TadkaChef may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Candidate Database at any time. By permitting access to the TadkaChef Candidate Database, TadkaChef does not convey any interest in or to the Candidate Database or any other TadkaChef property or Services. All right, title and interest in and to the Candidate Database are and shall remain with TadkaChef.b. Regulations.
i. You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or arrange, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to make sure that your use of the website complies with these Terms and Conditions and every applicable law.
ii. You are expressly prohibited from exploiting job postings for any commercial purpose. You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.
iii. Job postings must be individual openings for traditional, W-2 employees or 1099 contractors. Resume postings should contain the correct resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.TadkaChef is under no obligation to monitor the resumes, documents and/or materials. All postings shall be free from any discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing or abusive content. In addition, postings shall not contain any copyrighted material or confidential information or trade secrets of any party.
iv. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are liable for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the positioning, you risk losing your access to the positioning. You agree to notify TadkaChef immediately of any unauthorized use of your registration and password.
3. TadkaChef Intellectual Property Rights.
The Site, their content and any and all materials and all right, title and interest in and to the Site are the sole property of TadkaChef or its licensors and are protected by the United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, TadkaChef reserves for itself and its licensors all other rights, title and interest.
Without limitation on the preceding, you may not reproduce, modify, display, sell, or distribute the content or any materials, or use them in any other way for public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The TadkaChef design logo and certain other names or logos are service marks or trademarks of TadkaChef, and all related product and service names, design marks and slogans are the service marks or trademarks of TadkaChef. Any code that TadkaChef creates to generate or display the content or the pages making up the Site is also protected by TadkaChef's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or TadkaChef materials on any authorized copy you make of the content or TadkaChef materials.
All other product and service trademarks included on the website are the trademarks of their individual owners.
4. Disclaimers and Limitations on TadkaChef's Liability.a. Allocation of Responsibility.
TadkaChef assumes no responsibility for resumes, documents and/or materials posted by Users and no responsibility for the activities, omissions or other conduct of Users. TadkaChef acts as a portal for the web distribution and publication of User submitted info and has no obligation to screen communications or info beforehand and isn't responsible for screening or monitoring resumes, documents and/or materials posted by Users. If notified by a User of a resume, document and/or material which allegedly does not conform to these Terms and Conditions, TadkaChef may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such resume, document and/or material. TadkaChef has no liability or responsibility to Users for performance or nonperformance of such activities. TadkaChef may take any action with respect to User submitted the information that it deems necessary or appropriate, in its sole discretion.b. No endorsements by TadkaChef.
Nothing on the positioning shall be thought of an endorsement, illustration or guarantee with regard to any User or a 3rd party, whether or not with reference to its site, products, services, hiring, experience, employment or recruiting practices or otherwise.c. WARRANTY DISCLAIMERS.
i. THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TADKACHEF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TADKACHEF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
ii. WITHOUT LIMITATION ON THE FOREGOING: TADKACHEF DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TADKACHEF IS NOT RESPONSIBLE FOR THOSE COSTS.
TADKACHEF MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY RESUMES, DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. RESUMES, DOCUMENTS AND MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON RESUMES, DOCUMENTS AND MATERIALS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
TADKACHEF MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
TADKACHEF MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. TADKACHEF DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.d. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
i. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE RESUMES, DOCUMENTS AND MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
ii. IN NO EVENT SHALL TADKACHEF (OR ANY OF ITS OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY RESUME, DOCUMENT OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TADKACHEF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iii. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TADKACHEF'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $350.00 IN THE AGGREGATE.
iv. IN NO EVENT SHALL TADKACHEF (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $350.00 OR THE AMOUNTS ACTUALLY PAID BY YOU TO TADKACHEF IF GREATER THAN US $350.00).
v. DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT TADKACHEF WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
5. User Authentication.
Because User authentication on the Internet is difficult, TadkaChef cannot and does not confirm that each User is who they claim to be. Because TadkaChef does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release TadkaChef from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. California Residents.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
7. Subscription Service.
All premium membership subscriptions will automatically renew at the selected subscription rate to preserve the continuity of services. Until you terminate your membership, you authorize TadkaChef to rebill the credit or debit card used to initiate your membership. If you would like to cancel your membership and not be rebilled, you must cancel before your renewal date. If you are utilizing one of our trial memberships, you must cancel before the trial period ends if you do not want your membership to auto-renew at the selected subscription rate. To view your membership information including next bill date, please log into your TadkaChef account, go to the “More” menu on the right, and click “Membership” under “My TadkaChef.”
If you wish to cancel your membership, please log into your TadkaChef account, go to the “More” menu on the right, and click “Membership” under “My TadkaChef.” Next, click on the “Cancel Future Billings” link next to your bill date and follow the instructions. You may also call our customer success team at 866-238-0161 between the hours of 8:30 am and 5:30 pm EST, Monday–Friday to cancel your membership.
Refunds for all premium membership subscriptions are limited to one payment term.
8. Binding Agreement.
TThese Terms and Conditions (as they may be amended from time to time by TadkaChef) form a binding agreement (the "Agreement") between you and TadkaChef. Your access to or use of the Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
9. Amendments to This Agreement and Changes to Site.
TadkaChef may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by TadkaChef unless TadkaChef agrees to them in a signed writing specifically including those new or different terms. TadkaChef may change the Site at any time.
You agree to defend, indemnify, and hold harmless TadkaChef (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any resume, document and/or material posted by you, your use of the Services or your breach of this Agreement. TadkaChef shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. Costs of Enforcement.
In the event of any legal action arising hereunder or between TadkaChef and a User, and TadkaChef is the prevailing party, the User shall be responsible for reimbursing TadkaChef all of its reasonable costs and expenses (including but not limited to attorneys' fees) relating to the legal action.
a. When you register on any of the TadkaChef Site or in connection with the Services, you will be asked to create an account and provide TadkaChef with certain information, including but not limited to, a valid email address, contact information (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of New Jersey. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by TadkaChef in a particular "Legal Notice," or material on particular web pages of the Site, this Agreement constitutes the entire agreement between you and TadkaChef.