TERMS AND CONDITIONS of The Modern Mess MEMBERSHIP:
All references to “The Modern Mess”, “We”, or “Us” or “Our” are references to or include Jen Pomeroy trading as The Modern Mess, Jen Pomeroy as the principal and founder of The Modern Mess, and any staff, contractors or other persons providing recipes and other content or other authorized services for or on behalf of The Modern Mess.
Users of The Modern Mess are referred to below as “members”, or “you” or “I” as the context requires.
The following sets out the terms and conditions for use of the The Modern Mess website and Facebook page – including the closed group.
These terms and conditions are governed by the laws of New Zealand.
By clicking “I accept” you agree to be personally bound by these Terms and Conditions. We may make changes or modifications to these Terms and Conditions from time to time. Please check these periodically for updates. Your continued use of the Facebook page after any changes have been made will be deemed acceptance of those changes.
1. THE MODERN MESS MEMBERSHIP ENTITLES YOU TO:
a. On accepting our terms and conditions of participation and paying the relevant membership fee, you will be given membership access to The Modern Mess members portal and closed Facebook page (if applicable) for the period covered by the membership fee, which is either for the paid monthly subscription, gift voucher or for twelve months starting from the date of payment for an annual subscription.
b. We will (subject to the variations set out below) provide participants with a weekly meal plan using seasonal produce and 3 recipes per week. There will also be an instructional video or a new hot top or technique to learn per week in relation to the recipes. Additional recipes, videos and other content may be provided at any time at the sole discretion of The Modern Mess.
2. USE OR SHARING OF THE MODERN MESS CONTENT AND ASSOCIATED INTELLECTUAL PROPERTY
a. The name “The Modern Mess”, “The Modern Mess” logo, and all uploaded recordings, photos and recipes produced by The Modern Mess are the intellectual property of Jen Pomeroy trading as The Modern Mess and may not be used in any manner that constitutes a breach of our intellectual property rights, unless expressly permitted by The Modern Mess.
b. All The Modern Mess recipes, recordings, photos and images are for your personal use only. The Modern Mess authorises within the meaning of personal use, sharing and enjoying The Modern Mess recipes with other members of your immediate family. Personal use does not include broadcasting or sharing the recipes or content among large groups or public audiences, or in any online group or forum whether public or private, unless you have the express prior written consent of The Modern Mess.
c. You must not use, share, post or re-post The Modern Mess material in connection with, or to promote, other services or products in any other forum, whether online or otherwise, without the express written permission of The Modern Mess.
d. The Modern Mess gives no warranty as to the accuracy, adequacy or completeness of the content on the Facebook page. We are not responsible for any errors in or omissions from the information provided. We reserve the right to make changes to the content on the Facebook page at any time and without notice.
3. VARIATIONS TO SCHEDULED RECIPES, MEAL PLANS AND RECORDINGS
a. In the event of illness or injury, The Modern Mess will endeavour to provide recipes from a guest chef or revisit recipes from the archive or update favourites. Meal plan recipes may be substituted for baking recipes and seasonal special occasion (Christmas etc) recipes at The Modern Mess’s discretion.
b. If The Modern Mess is prevented from performing its obligations due to any force majeure event (including but not limited to fire, casualty, accident, act of God, natural disaster, electricity or communications failures or other causes whatsoever beyond the reasonable control of The Modern Mess, we will be excused from such performance to the extent of the force majeure event.
For the avoidance of doubt, you acknowledge that due to The Modern Mess membership being provided via a Facebook group there may be times where access to Facebook and therefore to The Modern Mess closed group is unavailable. You acknowledge that this is beyond the reasonable control of The Modern Mess. The Modern Mess will use all reasonable endeavours to perform its obligations as soon as access is restored.
4. CONDITIONS OF MEMBERSHIP
As a condition of membership, you agree not to use the Facebook page for any purpose that is unlawful or prohibited by these terms and conditions. You agree that you will not interfere with any other members’ use and enjoyment of the Facebook page in any way or otherwise damage the operation of the Facebook page in any way. Disrespectful, bullying or intimidating behaviour will result in your access to the Facebook page being removed and your membership terminated. Where this occurs, any future payments will be stopped. For payments already made you will be refunded on a pro-rata basis depending on the duration of your membership left to run.  
5.PRIVACY AND MARKETING
a. The Modern Mess is an online forum, with recipes being shared on Facebook, and members are able to post comments and share photos within the group. By participating in The Modern Mess, you accept that any comments or posts you make will be visible to all members of The Modern Mess. Because of the way in which Facebook posts are published, you also accept that your comments may be visible to other Facebook users outside of The Modern Mess group.
b. You accept that The Modern Mess may re-post recipes, images or recordings in order to promote and encourage others to join the group, and that this shall not constitute a breach of your privacy.  
c. The Modern Mess will use all reasonable endeavours outside of the circumstances in 5.a and 5.b to respect your individual privacy. Should we wish to use any specific information about you, including posts about your personal experience in The Modern Mess, or photos you publish in The Modern Mess as part of any wider online   promotional or marketing activities, we will seek your permission.
d. All information collected   upon joining The Modern Mess will be kept private and will not be given to a third party  . The Modern Mess takes protection of personal information seriously and has taken steps to ensure your personal information is well protected. However, The Modern Mess will not be responsible for any breach of security caused by third parties.
e. You have rights under the Privacy Act 1993 to access and request updating or correction of your personal information held by The Modern Mess.
f. Members and third parties are not permitted to advertise or promote their products or services on The Modern Mess Facebook page without the express written consent of The Modern Mess.
If you would like to cancel your membership at The Modern Mess please visit the YOUR ACCOUNT tab in the members portal. If you have been paying monthly, you can cancel your payment anytime and then your membership will end either immediately or on the billing date. We will remove you from The Modern Mess closed group on this date too.
For annual subscriptions, you can also cancel via the website. You will be removed from the group and any partial refunds will be offered on a case by case basis. This is at the discretion of The Modern Mess.