Terms of use

The terms and conditions (“Terms of Use”) set out below operate as a binding contract between you and us. Who are we? We are Blackwell and Ruth Limited (“B&R”, “we”, “our”, “us”), the founder of the Truth, Love & Clean Cutlery guidebooks and digital platform (“TL&CC”) and the website www.truthloveandcleancutlery.com (the “Website”). We’re not big fans of small print, but we will try to be truthful with you at all times and as such we set out below the terms and conditions that will govern your use of the Website. By using any services offered by the Website you agree to be bound by these Terms of Use, and our Privacy Policy. If you do not agree to these Terms of Use, then we ask you not to use the Website or any other services offered by the Website. If you do use the Website or other services, we’ll assume you have agreed to these Terms of Use, including any changes that we may make to them at a later date.

Law and juristiction

TL&CC and the Website are operated by B&R with a registered office in New Zealand. With the exception of mandatory national laws to the contrary, these Terms of Use shall be governed by the laws of New Zealand. Your use of the Services may also be subject to other laws. We both agree to submit to the non-exclusive jurisdiction of the New Zealand courts and agree that the courts of New Zealand are a convenient forum for the purpose of hearing any dispute in relation to these Terms of Use.

The services

Through the Website, TL&CC offers features and functions (what we call ‘the love’, also known as the “Services”) which allow you to upload content and access, read, use and comment on content licensed to TL&CC by its members (the “Members”, which form part of the Services) and other third parties. We love to share. But at all times your personal information will be treated in accordance with B&R’s Privacy Policy.

If you are a Member, you are not required to register an account but you need to pay a subscription to access the Member Services offered by TL&CC.

Membership subscriptions

Some Member Services, including featuring on the Website and social media platforms, and access to a regular newsletter and a private Facebook group, are offered only to users with a membership subscription (a “Subscription”). Only users who have been selected for inclusion in the TL&CC guidebooks by an editorial team appointed entirely at B&R’s sole discretion (“Editors”) and determined as complying with TL&CC’s Mission Statement published annually by BAR (“Guidebooks”) are eligible for a Subscription. After the cancellation or expiry of a Subscription, you will no longer have access to those Member Services that form part of the Subscription. You will still have access the features we offer for free on the Website.

Services and usage rules

This Website may, from time to time, allow you to use one or more of the following Services:

a) access restaurant (“Restaurant”) information as provided by the Members; b) link to Restaurants’ nominated website or online reservations service as provided by the Members; c) access the TL&CC blog; d) link to TL&CC’s public social platforms (including Facebook, Instagram and Twitter); e) access TL&CC’s private Facebook group.

You agree that the Services may include technology and third party applications (such as Facebook, Instagram, Twitter and other social media platforms) that limit your use of Services and that you shall use the Services in compliance with the applicable usage rules established by us and any third party applications (“Usage Rules”) and any changes that we may make to them at a later date. You also agree that any other use of the Services may constitute a copyright infringement.

Usage Rules may be controlled and monitored by B&R for compliance purposes, and B&R reserves the right to enforce the Usage Rules at any time without notice to you.

Subscription pricing and payment

B&R may charge fees in connection with a Subscription.

Payment You agree to pay all applicable fees in connection with your Subscription by either Visa or Mastercard credit and debit cards, or American Express (“Payment Method”).

Pricing The price payable for any Subscription ordered by you (the “Price”) shall be the price stated on the Website at the time you confirm your Subscription order. We may vary any Price on this Website at any time and without notice to you.

Monthly Subscription fees will be charged on the last day of each month and is for the following month’s Subscription. Annual Subscription fees will be collected on the last day of the month in which you confirm your Subscription and is for twelve months beginning from the first day of the following month.

If you are domiciled in New Zealand, you will be subject to GST. Sorry kiwis, that’s the bit about complying with the laws of New Zealand.

Currency Conversion and Associated Fees We’re not responsible for any currency conversion or extra fees. When you purchase a Subscription, B&R will charge you the Price in the currency shown. If your financial institution converts the Price to your local currency, the resulting Price may change, depending on the conversion rate. Your financial institution may charge you a fee for this service. B&R is not responsible for any fees that your financial institution charges for performing currency conversions, for any difference in the Price that may result due to conversion rates, or for any changes in conversion rates.

Changes to Payment Method, NSF and Insufficient Funds If you wish to make changes to your Payment Method please email us at hello@truthlovecc.com. You need to make sure your Payment Method saved with B&R is up to date. You’ll be responsible for any costs due to insufficient funds or other charges, including chargebacks, that we incur in connection with payment processing of your account. The NSF (non-sufficient funds) fees payable for declined, expired or otherwise unaccepted Payment Methods are AUD35 if your Subscription is provided in Australian dollars (ie. you are listed in the Australian guidebook), GBP 25 if your Subscription is provided in Great British Pounds (ie. you are listed in the UK guidebook) and USD 35 if your Subscription is provided in US dollars (ie. you are listed in the US or World guidebooks). It’s your responsibility to make sure you update your Payment Method whenever necessary.

Automatic Renewals, Cancellations and Refunds Your Subscription is monthly, and will be renewed automatically unless you specifically notify us that you’d like to cancel your Subscription. You can do this at any time by emailing us at hello@truthlovecc.com. We make no guarantee that you will be entitled to a refund for a Subscription should you choose to cancel. Cancellation will be effective from the month following our receipt of your written cancellation.

Your obligations and responsibilities

Whether or not you are a Member or have a Subscription, the Services are made available to you by us for your personal, non-commercial use only. Please don’t sell any of the content, or restrict or inhibit any other user from using or enjoying the Services. You must use the Services in accordance with local laws and you agree not to use the Services in jurisdictions where it is prohibited by local law. Without limiting these Terms of Use, you are also responsible for complying with the following:

Submissions The Services may offer features that allow you to submit or upload materials for incorporation into the Services, post messages and content, interact with TL&CC and other users, share content items and upload files, documents, links or other materials using the Services (“Submissions”). You agree that any materials submitted by you are your sole responsibility and will not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be of obscene or objectionable content.

You also agree, warrant, and represent that you have obtained all necessary rights and licences for the Submissions. B&R reserves the right to not publish any material or to remove or edit any material contained in a Submission at any time in its sole discretion without notice or liability including any material we deem defamatory, unlawful, illegal, obscene or objectionable in any way.

You must not upload, post or otherwise transmit to the Website or Services any material that contains a software virus or any other computer code, file or programme that might interrupt, destroy or limit the functionality of the Website, Services, or any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same, or interfere or attempt to interfere with the operation of the Website by B&R.

All standard procedure for behaving nicely online and keeping us all safe.

Monitoring B&R has the right, but no obligation, to monitor any material contained in any Submission, to investigate any reported or apparent violation of these Terms of Use, and to take any action that B&R in its sole discretion deems appropriate, including, without limitation, termination of your Subscription and licence to use the Services.

B&R may review Submissions before they are posted and may refuse to post any Submission or part thereof. Where applicable, a Member or other content featured as part of the Services (“Content Provider”) to which your Submission relates, for example, where your Submission is a comment on content provided by the Member or Content Provider, may also review a Submission before it is posted and authorize B&R to refuse to post that Submission. B&R and, where applicable, the Member or Content Provider, reserve the right, in their discretion, to edit or remove any Submission, for any reason, whether or not the Submission is in violation of these Terms of Use.

Member and third-party materials, websites & interfaces

Certain content, and services available via the Services, including public-facing restaurant information provided by Members (“Restaurant Profile”), may include materials owned by third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any person and that B&R is not in any way responsible for any such use by you. B&R may provide links to third-party websites as a convenience to you. You agree that B&R is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any third-party materials or websites. B&R does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or services of third parties.

Third party materials used on the Website include (but are not limited to):

Intellectual Property

We respect the intellectual property of others, and please ask you to do the same. B&R may, as appropriate and at its total discretion, delete any material it determines in its sole discretion infringes the intellectual property rights of B&R or others, or terminate the user privileges of those users whose activities are determined by B&R in its sole discretion infringe the intellectual property rights of B&R or others.

You retain all of your ownership rights in Submissions you make to B&R. By submitting or supplying any material or content to B&R (including through use of the Services), you grant B&R a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual, sub-licensable, licence to use, reproduce, copy, publish, and distribute any materials or content you supply to B&R as part of the Services in relation to the provision of the Services and the Website without any compensation or any obligation to you indefinitely (“Rights”) and to sublicense to third parties the unrestricted right to exercise any of the Rights. You agree to waive all moral rights in any Submission to B&R, and you consent to your Restaurant Profile appearing, where applicable. You acknowledge and agree that B&R is not responsible for any loss, damage, or corruption that may occur to your Submissions; and that Submissions are never considered confidential.

You acknowledge and agree that:

a) the Services, including but not limited to the Subscription, artistic works, graphics, user interface, sound recordings, audio clips, film works, video clips, literary works, editorial content, computer programs, and the scripts and software used to implement the Services, contains proprietary information and material that is owned by B&R who reserve all their rights in law and equity, and is protected by applicable intellectual property and other laws, (including, without limitation, copyright);

b) you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms of Use. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use;

c) you will not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any way not expressly authorized by these Terms of Use whatsoever.

Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks or any use of such trademarks. Some elements used in connection with our Services are owned by third parties and have been used under license.

The images reproduced on the Website include Intellectual Property owned by B&R, and by third parties who have supplied images, text, graphic designs and other design elements. We ask you to respect that Intellectual Property and by accepting these Terms of Use you agree to do so.

Termination

If you fail, or B&R suspects that you have failed, to comply with any of the provisions of these Terms of Use, including any reported or apparent violation by a Restaurant of TL&CC’s Mission Statement, B&R, at its sole discretion, without notice may:

a) terminate your Subscription and your licence to use the Services; or b) prevent your access to the Services (or any part thereof).

Disclaimer of warranties

TL&CC may not be available in all languages or in all countries. B&R makes no representation that the Services are appropriate or available for use in any particular location.

You acknowledge and agree that, due to the nature of the Internet and the Services, all services are to the maximum extent permitted by law provided ‘as is’, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

B&R does not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free. You agree that from time to time B&R may remove or suspend the Services for indefinite periods of time without notice to you. B&R does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and B&R disclaims any liability relating thereto.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. Whilst B&R will make every effort to ensure the security and storage of any material that you submit or upload through the Website, you acknowledge that there is an inherent risk of loss of data for which B&R and its directors, officers, employees, affiliates, agents, contractors, or licensors are not liable. Because some states or jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

B&R shall use reasonable efforts to protect information submitted by you in connection with the Services, but you agree that your submission of such information is at your sole risk, and B&R hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

Limitations & exclusions liability

B&R expressly disclaims any responsibility or liability for any material uploaded through the Website.

These limitations in this section and DISCLAIMER OF WARRANTIES above may not apply to you. The laws of certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.

Nothing in these Terms of Use is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms of Use shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services for the purposes of a business you agree that the guarantees provided in the Consumer Guarantees Act 1993 shall not apply. We do not provide any express guarantees (as that term is defined in the Consumer Guarantees Act 1993) other than those expressly confirmed in these Terms of Use.

To the extent permitted by law, in no event shall B&R be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Services, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if B&R has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall B&R’s (including B&R's directors, officers, shareholders, employees, affiliates, agents, contractors, and licensors) total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars (USD $50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

In some states or jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. You agree that B&R provides a comprehensive service at a fair cost and, having considered all matters, you agree that the limitations of liability set out in these Terms of Use are fair and reasonable.

You and B&R agree that any cause of action arising out of or related to the Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action is permanently barred.

Waiver & indemnity

By using the Services, you agree to indemnify and hold B&R, its directors, officers, shareholders, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms of Use, your use of the Services, or any action taken by B&R as part of its investigation of a suspected violation of these Terms of Use or as a result of its finding or decision that a violation of these Terms of Use has occurred. B&R, its directors, officers, employees, affiliates, agents, contractors, and licensors shall not be liable to you as a result of any decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of B&R’s conclusion that a violation of these Terms of Use has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Use.

Copyright infomation

The images contained on this website have been supplied by the individual restaurants who have provided copyright information where known and are used with permission from copyright © the individual photographers: Attica – Colin Page; Arimia Estate – Tim Campbell; Flocons de Sel – AE Thion; A Tiny Place – Jamie Durrant; Cub – Kim Lightbody; Caravan King’s Cross restaurant interior – Issy Crocker; Caravan King’s Cross food image – Zsuzsa Zicho; Leonard’s Mill – Heidi Linehan, Heidi Who Photos; Lebrina – Peter Whyte; Liberte – Max Veenhuyzen; Indulge – Paul Beute; Copper Pot – Linsey Rendell; Folonomo – Leticia Almeida; Laura p. 218 – Anson Smart Photography; Millbrook p. 244 – Nathan Maddigan; Oakridge p. 188 – Katie Wilton; Paringa Estate – Katie Wilton; Rising Sun Workshop p. 49-51 – Kate Disher quill; Stillwater Inn – Chris Crerar; Folonomo – Letícia Almeida; Hogget Kitchen p. 225 dish – Tim Grey; Lulu La Delizia – J. Wyld; The Agrarian Kitchen Eatery – Adam Gibson; The Whitehouse Restaurant – Clare Hargreaves; Cafe St Honoré – Paul Johnston, Copper Mango; Cornerstone – Cedar Film; The Scarlet copyright –David Griffin Photography; Westerns Laundry – Patricia Niven; Ynyshir Restaurant & Rooms – Fjona Black; The Zetter Hotel – Steven Joyce; Blue Hill at Stone Barns exterior—Ira Lippke; Blue Hill at Stone Barns—Jane Nina Sarkhel; Blue Hill parsnip—Andre Baronowski; Blue Hill pizza—Ingrid Hofstra; ACME–Nikki To; Handline—Dawn Heumann; Onsen— Grace Sager; Al di la Trattoria—Paul Thorburn; The Salt Line—Greg Powers; Foreign Cinema—Ed Anderson; Lasa—Eva Kolenko; French Broad Chocolates Katrina Ohstrom; Fish— Marlon Duenas; FARMbloomington—Steve Raymer; Three Fold—Three Fold LLC; Founding Farmer—Ken Fletcher; Hell’s Backbone Grill—Sarah Stathas; DOSA—Kassie Borreson; The Whale Wins—Jim Henkins; deadhorse hill—Brian Samuels Photography; The Clink - Paul Griffiths and David Cummings; Mosquito Supper Club—Jillian Greenberg Photography; The Root Café dish—Luis Vasquez; Botanica Restaurant & Market restaurant interior—Alan Gastelum; Café Altro Paradiso restaurant interior—David Sullivan; Café Altro Paradiso dish—Daniel Krieger; Estela—Tuuka Koski; Chez Panisse restaurant interior—Aya Brackett; Chez Panisse produce—Amanda Marsalis; Buvette waiter—Cerruti Draime; Brick Farm Tavern dish—Robin McConaughy; Brick Farm Tavern interior—Karin Belgrave; Via Carota—Cerruti Draime; Brushland Eating House—Cristian Harder; Rose’s Noodles, Dumplings and Sweets—Alex Caterson, The Splinter Group; Agern—Evan Sung; Annette—From The Hip Photo; Driftless Café dish—Russ Viroqua; Fork dish—Steve Legato Photography; Frasca Food & Wine exterior—Megan Swann; Frasca Food & Wine dish—Julia Vandenoever; Gwen staff—Ray Kachatorian; Gwen interior and meat—Wonho Frank Lee; Kyirisan interior—Amber Frederiksen; Pizzaiolo—Paige Green; Solo Italiano—Erin Little; The Land & Water Company— ngiri dish—Carolyn Himes; Vicia kitchen—Kevin Roberts; Embassy – Terence Carter; Mahob Khmer – Terence Carter; Mie Café – Terence Carter; Sugar Palm – Terence Carter; Trorkuon – Terence Carter; De Nieuwe Winkel – Duncan de Fey; Campo at Los Poblanos – Los Poblanos; Noma – Ditte Isager; DOSA – Kassie Borreson; Rutenberg – Afik Gabbay; Geranium – Claes Bech-Poulson; The Whale Wins – Jim Henkins; Neolakal – Seren Dal; deadhill horse – Brian Samuels Photography; La Chassagnette – Victor Picon; Baba Ghanoush Falafel Shop – Niko Papageourgiou; Cub – Kim Lightbody; Mosquito Bay Supper Club – Jillian Greenberg Photography; Erasmus – Anika Mester; Fogo Island Inn p. 530 & 532 – Alex Fradkin; Fogo Island Inn p. 531 – Paddy Barry Photography; Mani exterior – Pedro Napolitano Prata; Pasture p. 208 – Laura Verner; Pasture p. 209 – Aaron McLean; Rasoterra – Luna Coppola; Sherwood p. 214 & 215 interior – Vaughan Brookfield; Fleurs Place – Liz Clarkson, from The New Zealand Restaurant Cookbook, Delaney Mes, Penguin Random House New Zealand 2018; Laura p. 164 – Anson Smart Photography; Millbrook p. 170 – Nathan Maddigan; Paringa Estate p. 176 – Kaitlyn Wilton; Rising Sun Workshop p. 183 – Kate Disher Quill; Lulu La Delizia – J. Wyld; The Agrarian Kitchen Eatery – Adam Gibson; Rickys River Bar & Restaurant – Cathy Schusler; Sardine Eatery & Bar – Jessica Shapiro.

The publisher cannot accept any responsibility for any unintentional omission in the copyright information provided by the restaurants, however should any copyright holders not be acknowledged here please contact the publisher who undertakes to make all reasonable efforts to include the appropriate acknowledgement in any subsequent editions.

Editor photographs: Alice Waters —Amanda Marsalis; Gabriella Gershenson – Landon Nordema; Giles Coren image – Colin Thomas; Nicholas Gilman – Editorial Mapas; Bethany Kehdy – Sarka Babick; Chandra Ram – Geoffrey Smith; Devra Ferst – Martyna Starosta; Erin Byers Murray – Danielle Atkins; Osayi Endolyn – Lucy Schaeffer.

General

Correspondence to B&R must be sent by email to contact@blackwellandruth.com. B&R may notify you with respect to the Services by sending an email message to you or by a posting on the Website. Notices shall become effective immediately.

In the event that any provision of these Terms of Use is held to be invalid, illegal or unenforceable it shall be deemed deleted, but the remainder of these Terms of Use shall remain valid and enforceable.

We reserve the right to assign these Terms of Use, and to assign, license or subcontract any or all of our rights and/or obligations under these Terms of Use. You may not, without the written consent of B&R, assign, license or subcontract these Terms of Use or any of your rights or obligations under it.

The Terms of Use are only available in English.

B&R’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such right or provision or any other provision. Any amendment to or waiver of these Terms of Use must be made in writing and signed by us.

You consent to receive communications from B&R electronically and agree that all agreements, notices, disclosures and other communications that B&R provides to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

B&R will not be responsible for failure to fulfil or delay in fulfilling any obligation due to causes beyond its reasonable control.

Nothing in these Terms of Use shall prevent us from complying with any law. These Terms of Use do not confer any third-party beneficiary rights on any person. Notwithstanding any other provision of these Terms of Use, B&R and its licensors reserve the right to change, suspend, remove, or disable access to any service, products, content, or other materials comprising a part of the Services at any time without notice. In no event will B&R be liable to you or to any third party for exercising these rights. B&R may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

B&R reserves the right to take steps B&R believes are reasonably necessary or appropriate to B&R or verify compliance with any part of these Terms of Use. You agree that B&R has the right, without liability to you, to disclose any registration data or account information to law enforcement authorities, government officials, or a third party, as B&R believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms of Use (including but not limited to B&R’s right to cooperate with any legal process relating to your use of the Services and/or a third-party claim that your use of the Services is unlawful or infringes such third party's rights).

These Terms of Use, and our Privacy Policy, constitute the entire agreement between you and B&R and supersedes any prior agreements, promises, representations and understandings between us (whether written or oral) relating to the subject matter referred to in these Terms of Use.