Terms of Use for the Official Thermomix Recipe Platform (Cookidoo)

Welcome to use Cookidoo™

These terms of use are applicable to the services in Chinese mainland provided by Vorwerk China, namely Vorwerk Household Appliances Manufacturing (Shanghai) Co., Ltd., Vorwerk Household Appliances Co., Ltd, and other Vorwerk entities (hereinafter collectively referred to as “Vorwerk”), (hereinafter referred to as “this service”) when users use the official Thermomix recipe platform (“Cookidoo” or “Cookidoo Platform”). Users can subscribe to electronic recipes (hereinafter referred to as "recipes") to browse or use in a specific Cookidoo device. These terms of use apply to all other relevant agreements between Cookidoo users and Vorwerk.

The use of Cookidoo and its services is subject to these terms of use. Please carefully read and fully understand the terms, especially the boldface and underlined terms, which contain important information regarding your rights and obligations as well as restrictions and exclusions that may apply to you. Unless you have read and accepted all the terms of use, you have no right to register, log in or use the platform and related services. Your registration, login or use of Cookidoo shall be deemed to have read and agreed to the terms of use.

1.Use of Cookidoo

1.1 Registration is required before the use of Cookidoo. Unregistered users can browse some sections of the web, such as the recipe catalog, which should be decided by Vorwerk.

1.2 You should provide legal, true, correct and complete personal information during the registration. We collect personal information about its users to provide them with better personalized services. If user information or data changes, the user needs to update the relevant information or data.

1.3 Users should keep Cookidoo's access data secure, such as user names and passwords. In addition, users should use Cookidoo legally and take responsibility for their actions under their accounts.

1.4 Users shall promptly notify Vorwerk of any unauthorized use, infringement or other security holes under their accounts. Otherwise we shall not be liable for the emergence or expansion of potential losses.

1.5 According to the terms of use, users can browse Cookidoo and read recipes within the validity of license after they have registered the Cookidoo accounts.

1.6 If a subscribed recipe is created by Thermomix in a user-specified Cookidoo device, the recipe can only be used on that device and not on other Cookidoo devices.

1.7 Users shall not:

  • Bypass the technical limitations of Cookidoo or recipes;
  • Remove copyright information from Cookidoo;
  • Hack or modify Cookidoo;
  • Reverse-engineer, reverse-assemble or reverse-compile Cookidoo, or otherwise attempt to discover the source code of Cookidoo or related software;
  • Modify recipes without Vorwerk's permission;
  • Operate Cookidoo illegally or in contravention of the terms of use, or use Cookidoo in a manner that may damage or overload or disable the Cookidoo operating device;
  • Other acts without the explicit authorization of Vorwerk

1.8 We reserve the right to discontinue Cookidoo, but not before the expiration of the current subscription. We should notify the user of stopping Cookidoo by sending a text message to the phone number provided by the user.

1.9   If the user violates these terms of use, we shall have the right to restrict the user's access to certain pages or use of certain functions, or to directly freeze the user's account after notification by SMS.

2. Rights and obligations

2.1 The ownership of the Cookidoo account belongs to Vorwerk, and the user is granted the right to use the account after completing the registration process, and the right to use the account only belongs to the original applicant. Vorwerk grants users the right to use Cookidoo and recipes in accordance with these terms of use. The original applicant shall not gift, borrow, rent, transfer or sell the account or otherwise permit the use of the non-account applicant. The user can only use the downloaded recipe on the specified device.

2.2 Users may browse or use Cookidoo or Cookidoo recipes only for their own learning, reference and use, and shall not copy the recipes for free, rent or lend to any third party. Recipes and Cookidoo platform content are protected by the Copyright Law of the People's Republic of China. We shall have the right to defend and hold users accountable for any violation of this provision.

2.3 Users may use Cookidoo and recipes only for non-commercial purposes and shall comply with these terms of use. Any use for commercial purposes shall be subject to the prior written consent of Vorwerk.

2.4 If the user does not log in for a long time after registering the account, we shall have the right to withdraw the account to avoid the waste of resources, and any loss caused thereby shall be borne by the users themselves.

3. Limitation of liability

3.1 All liabilities arising during the service of the Cookidoo platform shall be resolved solely on the basis of these terms.

3.2 Under no circumstances shall we be liable for any indirect, consequential, punitive, incidental, special or punitive damages, including any loss of profits incurred by users as a result of their use of Cookidoo's services (even if the Cookidoo platform has been advised of the possibility of such loss). Notwithstanding any contrary provisions of this agreement, the full liability of us to you, for any reason or in any manner whatsoever, shall not exceed the fees (if any) paid to us by you for the use of Cookidoo platform services.

3.3 Our limitation of liability also applies to our employees, agents, legal representatives and suppliers, respectively.

3.4 User agrees to indemnify and hold us harmless from any claims, demands or losses, including reasonable attorney's fees, claimed by or incurred by any third party for their violation of these terms of use or the relevant terms of service.

3.5 We shall not be liable for any loss suffered by the users due to any third party's (such as the telecommunications department) communication line fault, technical problem, network, computer fault, system instability or other force majeure reasons.

3.6 If the normal operation of the service is affected by such force majeure events as technical failure, we and our partners promise to cooperate with relevant units within the first time to deal with and repair in a timely manner. However, we shall not be responsible for any losses suffered by users.

3.7 This service, like most Internet services, may be disturbed by various security issues due to differences in factors including but not limited to user reasons, network service quality, social environment, etc. For example, others may use users' information to cause harassment in real life. Users should strengthen the awareness of information security and protection of user data, and pay attention to strengthening password protection to avoid loss and harassment. We shall not be responsible for the loss caused by improper password protection of users and the risk of personal information leakage caused thereby.

3.8 Users should be aware of that the use of this service involves Internet services and may be affected by unstable factors in each link. Therefore, the service has the risk of service interruption or failure to meet the user's requirements due to force majeure, computer virus or hacker attack, system instability, user's location, user shutdown and any other technical, Internet, communication line reasons. The user shall bear the above risks, which shall not be guaranteed by us. We assume no responsibility for causing users to be unable to send and receive messages, or for receiving incorrect messages.

3.9 Information defined by us refers to: recipes, text, software, sound, photos, videos and charts published by Cookidoo platform; all the contents in the advertisement; commercial information provided by us to users. All the information is protected by copyright, trademark rights, and other intellectual property and ownership laws. Therefore, users can only use the content after obtaining authorization, and cannot copy, modify, edit, or create derivative products related to the content without authorization.

4. Modification of terms of use

We reserve the right to modify these terms of use as necessary for the further development of Cookidoo and the expansion of new functions. The foregoing right to modify does not include the right to modify the terms of principal obligations of users and us, which will not be modified in the manner described in this article. Prior to the entry into force of the revised terms, we will notify users of the new terms and estimated effective date in text form. At the same time, if the user does not agree to the revised terms of use, we shall give the user sufficient time to terminate the terms for at least six weeks, and the user shall have the right to terminate the terms without prior notice. If the user does not terminate the terms within the said period, the modified the terms of use will become effective for the user upon expiration. The user shall terminate this terms in writing or in other forms (for example, by SMS). In the notice of change of terms of use issued by us, we notify user of our right of rescission and the appropriate duration of rescission, and upon notification of the modified terms of use, we will notify user of its right of termination and the appropriate duration of termination.

5. Protection of users’ personal information

5.1 The protection of users' personal information is a basic principle of Vorwerk. We will take reasonable measures to protect users' personal information. Except as required by laws and regulations, we will not publish or disclose users' personal information to any third party without the user's permission. We adopt professional encryption storage and transmission of relevant information to ensure the security of users' personal information.

5.2 Users are required to provide the necessary information when registering an account or using Cookidoo.

5.3 Generally, users can browse and modify the information they submit at any time, but for security and identity reasons, users may not be able to modify some of the initial registration information and other verification information provided during registration. Therefore, users should carefully check this part of the registration information to ensure the correct completion.

5.4 We will not disclose personal information to any other company, organization or individual without the user's consent, except as otherwise provided by laws and regulations.

5.5 We respect and protect users' privacy. The services of the collection, use and protection of user’s personal information will be provided by Zhenchuang and Vorwerk in accordance with the unified privacy policy of Vorwerk. The privacy policy constitutes an integral part of these terms of use.

6. Intellectual property

6.1 User understands and are aware of that, except as otherwise stated in writing, the intellectual property rights (including but not limited to patent rights, copyright, trademark rights and trade secrets) to the following information and contents are owned by Vorwerk:

6.11 Content and information (including but not limited to software, technology, programs, web pages, text, pictures, images, maps, icons, audio, video, charts, layout, electronic documents, data, etc.) provided in the services ;

6.12 The infrastructure and platforms (including but not limited to software, websites, applications, etc.) used by us to provide the above content and information;

6.13 Trademarks, business images, business logos, technical know-how, slogans and copywriting used in the relevant services provided by Vorwerk;

6.14 All data and information generated during the development, operation, and maintenance of Cookidoo services.

6.2 The above rights owned by Vorwerk and intellectual property rights of contents contained in services provided are protected by law, without the prior written permission of Vorwerk, users undertake not to and should not allow or assist anyone in any way (including, but not limited to, through any robot, spider, screenshots and other programs or device) to use, lease, lend, distribute, display, copy, modify, link, reprint, compile, issue, publish, scrape, monitor, reference, or create derivative works.

7. Miscellaneous

7.1 In the event that we fail to comply with this agreement in providing the services or fails to meet its reasonable obligations, we shall be liable for the foreseeable losses suffered by the user.

7.2 We shall not be liable for any loss of life or property of users caused by any breach of this provision.

7.3 The implementation, interpretation and dispute settlement of this policy shall be governed by the laws of the People's Republic of China without regard to any conflict of laws.

7.4 These terms shall be governed and protected by the laws of China. These terms are signed in Huangpu District, Shanghai, People's Republic of China. In the event of any dispute or controversy between you and us, it shall first be settled through friendly negotiation; if negotiation fails, you agree to submit the dispute or controversy to the people's court having jurisdiction at the place where this agreement is signed.

7.5 If any other language version is available, the Chinese version shall prevail.