Terms

Definitions

“You” refers to the user of this website and its related services, and as such you have the right to use this website subject to your full agreement of the applicable Terms of Use described in detail below. Miso Cute is the exclusive owner and operator of Miso-Cute.com (the website). As used in this Agreement, “we” and “us” means Miso Cute or any successor or assign of Miso Cute.

Overview

This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions, also known as Terms of Use and, Terms, which apply to your use of the Miso Cute website and all services offered by Miso Cute. With your continued use of the website, you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.

You must be 18 years of age or older to visit or use this website in any manner. By visiting Miso Cute or accepting these Terms of Use, you represent and warrant to Miso Cute that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Miso Cute that you will use this website in a manner consistent with any and all applicable laws and regulations.

Privacy Policy

“Personal Information” means all information about an identifiable individual. Miso Cute recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our service. We recognize our professional obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice.

A Privacy Policy has been developed with those obligations in mind. If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please refer to our Privacy Policy.

By using this website you acknowledge that:

  • we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
  • we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service;
  • we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users;
  • we cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to the appropriate law enforcement agency. We may refuse to grant you an ID or nickname that: impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

User Agreement

This Agreement constitutes your agreement with Miso Cute with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

  • you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
  • you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
  • you will not forward chain letters through the Service;
  • you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
  • you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;
  • you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
  • you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Miso Cute systems or to other members’ systems in any way.
  • you will not post or transmit in any manner any contact information including, but not limited to, email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
  • you will not cause the Service to be accessed through an automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity which does not place an unreasonable burden on the Service.
  • you will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioural advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

Security

Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.

External Links

The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

Making Claims of Copyright Infringement

If you believe that any material or content distributed by Miso Cute constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties and Limitation of Liability

You understand and agree that you use Miso Cute and its related services at your own risk. Miso Cute services are provided on an “as is” basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.

Miso Cute does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on Miso Cute. Due to the number of sources from which content distributed by Miso Cute may be obtained, there may be delays, omissions or inaccuracies in such content. You acknowledge that use of the service is at your own risk. we do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the service by Miso Cute, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications.

You hereby acknowledge and agree that under no circumstances will Miso Cute, its officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by Miso Cute as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Miso Cute service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Miso Cute website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether Miso Cute has been advised of the possibility of such damages.

Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the sum of CHF100.00 Swiss Francs.

Indemnity

You hereby agree to indemnify, defend and hold harmless Miso Cute and all officers, directors, owners, agents, information providers, affiliates, licensor’s and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. Miso Cute reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Miscellaneous

This Agreement represents the entire agreement between you and Miso Cute regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of Switzerland. As a condition of using Miso Cute services, each user agrees that any and all disputes and causes of action arising out of or connected with Miso Cute, shall be resolved through arbitration, with such arbitration to be held in Nyon, Switzerland.

Additionally, except where prohibited by law, as a condition of using Miso Cute services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Miso Cute must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Miso Cute. Miso Cute may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

Affiliate Disclaimer

From time to time, Miso Cute will promote, endorse, or suggest products and/or services for sale, which means when you click on links to various merchant sites that are recommended in articles and subsequently make a purchase, it can result in a commission that is credited to Miso Cute.

Miso Cute recommendations are always based on the belief that the product and its author will provide a valuable product, information or service, based on a review of that product, the relationship with that person, and/or previous positive experience with the person or company who’s product is recommended. In some cases, Miso Cute will be compensated if you decide to purchase that product based on these recommendations.

Miso Cute and the owners assume no liability for products purchased outside of Miso Cute and from third-party websites or sponsor ads. Do your own due-diligence before making any purchases. Please make sure you read the terms and conditions of any product before you purchase.

Banner ads may appear on the website that may be affiliate advertising. Miso Cute may derive income from your accessing these advertisments or purchasing the products. Miso Cute does not personally endorse the products and services advertised in these ads, we strongly recommend you perform due diligence before parting with any money.

Event Specific Terms and Conditions

With your booking of a party or event (hereinafter ‘event’) with Miso Cute, you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.

Safety

Please note, for safety reasons, at least one other adult, in addition to the entertainer, must be
present the whole time the entertainment is running. This does not mean they have to be helping
with the event or watching it, but they must be present in the event of an unlikely accident. It is the
responsibility of the person booking the event to ensure this condition.We retain the right not to
conduct certain activities if we feel the children are not responding appropriately, or are too riotous
and therefore we deem it unsuitable to conduct certain activities at the event.

Parents / guardians must inform the centre of any children attending with food allergies at the point
of booking or up to 7 days in advance of the event.

Cancellation and Refund Policy

Please note that an event is not booked and confirmed until either:

  1. a deposit has been paid to Miso Cute Cooking Course and cleared into our bank account, or
  2. the full amount has been paid and cleared.

You will receive a confirmation from us, acknowledging payment and confirming the
booking.

The deposit will be paid to Miso Cute in cash, or transferred to the bank account information
provided to you. The payment at the time of deposit will be at least 30% of the total amount of the
event.

Once a deposit is made, it cannot be refunded if an event is cancelled less than 5 days before the
date of the event. If the event is cancelled more than 1 week in advance, the deposit may be
refunded, but please note that a CHF30 admin fee applies.

If you wish to cancel an event, notice must be given in writing. Please note we cannot accept
messages left on voice mail as notification.

If for any reason an event has to be cancelled on the day of the event, notice must be given before
the entertainer has commenced travel to the event destination. If for any reason you have to cancel
and do not give notice before the entertainer has commenced travel, you are required to cover the
entertainer’s travel costs in full in addition to the event costs.

If for any unforeseen reason Miso Cute have to cancel an event, your deposit would be fully
refundable and no admin fee will apply.

Please note that there are a minimum number of attendees per event. Customers should confirm
the number of event attendees on the booking form to ensure an appropriate food and supplies can
be ordered. Changes of more than 2 attendees should be communicated to the Miso Cute in
writing 7 (seven) days prior to the event. In the unlikely event that the customer’s requirements cannot be
met after booking, Miso Cute will contact the customer to make alternative arrangements.

In the case that there are less attendees than agreed upon one week prior to the event, the cost
of the event will remain the amount agreed upon based on the number of attendees that were
closed one week before, and not in accordance to how many actually arrived/RSVPed. Please
understand that prices are based on supplies and conditions for a set amount of people, and any
changes yield a loss. Please do your best to give an exact head-count in order for both sides to be
mutually pleased with the event.

Miso Cute reserves the right to refuse an application or cancel a booking for reasons that our out
of our control (e.g. unforeseen facility closures). Miso Cute will not incur any liability from refusal or
cancellation. Any payment made by the customer will be refunded in full.

If you cancel an event less than 1 week before the date agreed upon, the following charges will
apply:

  • 5 days prior the date of the event: 30% of the event cost
  • 3 days prior the date of the event: 75% of the event cost
  • 48 hours prior the date of the event: Full Cost of the event

Payment

Unless you have already paid the balance in full, the remaining balance for the entertainment must
always be paid in cash on the day of the event, directly to the entertainer(s).

The remaining balance for a booking is payable to the entertainer(s) on the day in cash
immediately after the event entertainment is completed. Please note entertainers cannot accept
checks, card payments or any other form of payment.

We regret that the entertainer cannot be asked to wait for payment as they may have to leave
straight away to get to another booking.

Liability

Please note Miso Cute Cooking Course does not take responsibility for children causing damage
to a venue or any property in which the event is held. This includes, but is not limited to, a home,
hired venue, or public area.

Please note that all of our event packages are appropriate to the age of the children outlined on our
website. You should be aware that the activities will not be appropriate for children outside the
specified age range. If you have younger children attending the event we would ask that you please
ensure that either the parent or an adult supervisor is there to look after them and prevent them
from disrupting the show. Please note we cannot be responsible for children under this age group
as the event activities are not appropriate for this age.

By booking an event with Miso Cute Cooking Course you understand that you release us from any
liability associated with accidents. This includes but is not limited to accidents occurring to any
adults or children. You also release Miso Cute Cooking Course from any liability associated with
accidents or damage caused to furniture, fixtures or fitting or property of any kind not belonging to
that of Miso Cute Cooking Course.

In the unlikely event that refunds or compensation is requested, you accept that any refunds or
compensation given, will be limited to the total value of the cost of hiring our services.
If events are held anywhere other than your home, we will assume that you have either hired the
hall or had permission to use the space.

External Supplies Necessary to Conduct the Entertainment

Please note that with all our events we will require a table. If your party is in a venue then usually
this will be available but please do ensure that one is available or we may not be able to perform
the event.

We will need access to electricity. Usually if the party is indoors this will be no problem. If your
eventis outside we would ask you to ensure there is access to electricity. If you are using extension
cables/leads for outside then please ensure the cables are running along completely dry ground
and they are not in contact with any wet or damp surfaces.

We cannot be responsible for not being able to provide activities that require electricity, due to
power failures or tripped circuits at the venue in which we are operating.

Unless otherwise agreed upon, we will also need access to working oven and stove, and might
need some space in the fridge and/or freezer depending on the chosen menu.

During our events we ask that no food or drink is provided during the actual entertainment that
might distract children from the entertainment whilst it is happening. e.g. buffet food out on a table
for children to access.

Zürich 31st December 2014

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