Terms of Use

These Terms of Use ("Terms") were last updated on June 5, 2023.

Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.

Bamley's mission is to improve lives through learning or educating about the importance and joy of cooking. We enable anyone anywhere to create and share educational cooking content (creators) and to access that content to learn, find inspiration and improve their skills in the kitchen (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, and our student and creator community. These Terms apply to all your activities on the Bamley website, the Bamley mobile applications and our APIs, and other related services (“Services”).

If you publish content on the Bamley platform, you must also agree to the Creator Terms. We also provide details regarding our processing of personal data of our students and creators in our Privacy Policy. Our Creator Terms, Privacy Policy, and other Bamley policies applicable to your use of our Services are incorporated by reference into these Terms.

Our website and apps cause communications about your browsing and app activities and app usage to be sent from you to third parties who provide services to Bamley. By using our Services, you consent to these communications.

1. Accounts

You need an account for most activities on our platform, including to purchase and access content or to submit content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Bamley will not intervene in disputes between students or creators who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us at support@bamley.com. We may request some information from you to confirm that you are indeed the owner of your account.

Students and creators must be at least 18 years of age to create an account on Bamley and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a Bamley account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Creator Terms, you may be requested to verify your identity before you are authorized to submit content for publication on Bamley.

2. Content Enrollment and Lifetime Access

Under our Creator Terms, when creators publish content on Bamley, they grant Bamley a license to offer a license to the content to students. This means that we have the right to sublicense the content to enrolled students. When you enroll in any content, whether it's free or paid, as a student, you receive a license from Bamley to access and view the content through the Bamley platform and services. Bamley acts as the licensor of record in this arrangement. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

In legal, more complete terms, Bamley grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Bamley authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Policies. The lifetime access is to the content but not to the creator.

Creators may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.

3. Pricing, Payments, and Refunds

3.1 Pricing

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

3.2 Payments

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. Bamley works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within 30 days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

3.3 Refunds

Bamley currently does not have an obligation to provide refunds for purchased content. We encourage users to carefully review the content details before making a purchase decision. Once the content is purchased, it is considered non-refundable. However, if there are exceptional circumstances or technical issues preventing access to the content, please contact our support team for further assistance. Please note that any refund requests will be handled on a case-by-case basis at the discretion of Bamley.

4. Content and Behavior Rules

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to post reviews of content you are enrolled in.

If you are a creator, you can submit content for publication on the platform. You must abide by the law and respect the rights of others: you cannot post any content or review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Creator Terms before you submit any content for publication on Bamley.

If we are put on notice that your content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Bamley complies with copyright laws.

Bamley has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If a user has published content that infringes your copyright or trademark rights, please let us know. Our Creator Terms require our creators to follow the law and respect the intellectual property rights of others.

5. Bamley's Rights to Content You Post

The content you post as a student or creator (including published cooking content) remains yours. By posting any content, you allow Bamley to reuse and share it but you do not lose any ownership rights you may have over your content. If you are a creator, be sure to understand the content licensing terms that are detailed in the Creator Terms.

When you post content, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Bamley to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name, username and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Bamley for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

6. Using Bamley at Your Own Risk

Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by a creator at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Bamley has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. You acknowledge the inherent risks and dangers of the content on Bamley, and by accessing this content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

When you interact directly with a student or a creator, you must be careful about the types of personal information that you share. We do not control what students and creators do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ creators nor are we responsible or liable for any interactions involved between creators and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of creators or students.

When you use our Services, you will find links to other websites that we don't own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7. Bamley's Rights

All right, title, and interest in and to the Bamley platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by creators and students) are and will remain the exclusive property of Bamley and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Bamley name or any of the Bamley trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Bamley or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Bamley platform and Services:

• access, tamper with, or use non-public areas of the platform (including content storage), Bamley's computer systems, or the technical delivery systems of Bamley's service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Bamley platform or Services.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Bamley); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Miscellaneous Legal Terms

8.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Bamley. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are a creator accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are a creator, the Creator Terms).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn't mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn't mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Enrollment and Lifetime Access), 5 (Bamley's Rights to Content You Post), 6 (Using Bamley at Your Own Risk), 7 (Bamley's Rights) and 8 (Miscellaneous Legal Terms)

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our creators is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don't work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don't allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Bamley or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent to using our Services, for example, injuring yourself by following a recipe preparation process. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we've been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of $100 USD or the amount you have paid us in the 12 months before the event giving rise to your claims. Some jurisdictions don't allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Bamley, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

When these Terms mention “Bamley”, they're referring to the Bamley entity that you're contracting with. If you're a student, your contracting entity and governing law will generally be determined based on your location.

8.6 Legal Actions

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

9. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Bamley reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

10. Contact Us

If you have any questions, concerns, or requests regarding this Terms of Use please contact us at support@bamley.com.