Welcome to our Site, Newcookingrecipes.com!
These are our terms for use of Newcookingrecipes.com (this Site, the Site) which you may access in several ways, including but not limited to the Desktop browser, PDAs, mobile phones and RSS feeds. These Terms and Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.
Use of this Site
- The Publisher (owner of this Site), as set out at the end of these terms, is the owner and operator of this Site.
- Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
- This Site may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. This Site will include on the Site the date on which it last made amendments to these terms.
Content and functionality of the Site
- This Site may be altered, suspended or discontinued and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, This Site will not be liable to any User or to any third party should it exercise such rights.
- In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and This Site will have no liability to you in such circumstances subject to the remainder of these terms.
Intellectual Property
- All intellectual property in relation to content on this Site belongs to this Site or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by This Site. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
- The logos of the Site are trademarks of this Site or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability and Indemnity
- This Site does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. This Site otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a) This Site does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at This Site’ sole discretion and without notice.
b) This Site will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
c) This Site does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that This Site or the server that makes it available, are free of viruses or bugs. - Where permitted under local law, including the ACL, liability of this Site, for any breach of a term or condition implied by law is limited at this Site’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, this Site cannot limit its liability in this manner if you establish that it would not be fair or reasonable for This Site to do so.
Third Party Content and Links
- This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
- This Site may include links to third party Sites which are not related to This Site and in relation to which This Site has no control or interest. The appearance of those links on this Site does not indicate any relationship between This Site and that third party or any endorsement by This Site of that third party, its Site or the products or services which it is advertising.
Contributing Content
- When you submit content to this Site in any format, including any text, photographs, graphics, video or audio, you grant This Site a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
- This Site reserves the right not to use the content you submit.
- You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
- You indemnify this Site against any and all legal fees, damages and other expenses that may be incurred by This Site as a result of a breach of the above warranty.
- You waive any moral rights in your contribution for the purposes of its submission to and use by This Site in accordance with these terms.
General
- Users must not use this Site for any purpose or in any way which is unlawful.
- These terms shall be governed by and interpreted in accordance with the laws of the state or territory set out below.
Affiliates
For the purposes of these Terms of Use and the operation of this Site, you need to be notified that this is an affiliate marketing Site, and the Site owner does not take responsibility for the accuracy of third party information contained in product pages to which the Affiliate links may send you.
This Site accepts product information from third parties via affiliate marketing in good faith. Except where this Site is the seller, advertisements on the Site for products that redirect to product pages on their own sites are not in any way related to the owner of this site. The owner of the site takes no responsibility for the accuracy of price information or specifications of any products advertised and/or sold by Third Party Sellers on their platforms, whereby the Affiliate links may redirect you.
To the extent permitted by Australian Consumer Law, this Site gives no warranty in relation to any products offered for sale by the Site’s Affiliates. Certain information on the Site may be uploaded by Third Party Sellers through Affiliate advertising. The owner of this Site does not endorse or warrant the accuracy of this content nor does the owner of this Site accept any liability for inaccuracies or omissions in this content. Content and information on the Site relating to Goods offered for sale by Third Party Sellers do not imply the owner’s endorsement or liability in respect of such content.
Section 18 of Australian Consumer Law requires that this Site provide full disclosure of affiliations. Therefore, all of the advertising on this site will be via Affiliate links, the benefactors of which provide financial compensation for advertisements displayed on this website.
Booking Advertisements
Nothing on this Site constitutes an offer for the preparation, placement, or publication of an advertisement. No guarantees are provided regarding the availability of placement. The Site gives indicative information only regarding advertising in the various publications listed on the Site. Rates quoted are not binding on This Site or any of its affiliates.
Any person who wants to place an advertisement within any of the online properties listed on the Site must contact the owner of this Site in order for recipes or cooking tips that were submitted to be finalised and final bookings to be confirmed. Final rates applicable for any booking will be reflected in the booking order form. Advertising accepted by this Site is subject to the ordinary terms and conditions set out in the order form or rate card and is between Advertiser and this Site or such other this Site affiliate as is relevant to the particular online property which will carry the advertisement.
Rates and Specifications
This Site does not warrant the accuracy of the Content. All rates and specifications are subject to change at the sole discretion of the owner of the Site, and without notice. The list of online properties may also change at any time and no warranties are made in relation to the continued publication of the listed online properties or sections. All rates stated are exclusive of GST and other applicable taxes, which must be paid by the Advertiser. Rates are not inclusive of publishing costs associated with placement of advertising material. Publishing costs are also payable by the Advertiser.
All planned editorial content, including features, sections and special reports to be included in this Site’s online properties is subject to change or cancellation without notice.
Indemnity
Each person using or accessing any part of the Site indemnifies This Site, its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Site.
This Site does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (CCA) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, This Site excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:
(a) This Site does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at This Site’s sole discretion and without notice.
(b) This Site will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(d).
(c) This Site does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that This Site or the server that makes it available, are free of viruses or bugs.
(d) Liability of This Site, for any breach of a term or condition implied by law is limited at This Site’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify This Site and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Liability
This Site does not accept any liability for loss or damages (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of reliance on the Content or any other information incorporated into the Site by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not this Site was aware or should have been aware of the possibility of such damage.
The Content is provided on the basis that all persons accessing the Site undertake the responsibility for assessing the accuracy of its Content and that they rely on it entirely at their own risk.
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of This Site for any breach of a term or condition implied by law is limited, at This Site and its affiliates option, to the supply of any service again or the payment for the cost of having any service supplied again.
Attention: Magazine Contributors/ other Sites
RE: Recipes currently being published on the newcookingrecipes.au site. (referred to here as the Site).
This Site (referred to here as This Site) licenses or owns recipes published on the Site.
This notice is to ensure that there are no recipes being published by this Site on the Site that they do not own or have the license in regard to (referred to here as a Recipe).
Should you identify a Recipe to which you have the right as owner, this Site requests that you contact the owner of the Site.
This notice does not apply to recipes where there is an existing license between This Site and Contributors.
Member names and user information
Newcookingrecipes.com encourages the use of usernames (e.g. MasterChef) rather than your actual name, to protect your privacy. We require members to include the following Newcookingrecipes.com registration information:
- First name
- Family name
- Email address
Failure to include correct information outlined above will be seen as a breach of the user agreement.
Please refrain from choosing offensive usernames and never post a message under another person’s name or pretend to be another person. When commenting on Taste.com.au, your username is the only personal information that is displayed. Your real names and email address will never be displayed publicly unless otherwise specified by you.
The username field is compulsory and must be unique. If the name you select is already in use you will be prompted to choose a different one. You should be aware that your username will be published anywhere you make a contribution to the Site.
Important note: Please use careful consideration when choosing your Newcookingrecipes.com username, as it will be published on the Site and may be published in any extensions of the Newcookingrecipes.com brand or properties.
User ratings, reviews and comments
At the discretion of the Newcookingrecipes.com administrator, user ratings, reviews and comments may be edited or removed due to foul language, spam posting, inappropriateness, etc. Breaches of this user agreement may result in Site users having their membership restricted or deleted without warning.
Newcookingrecipes.com may at any time republish user ratings, reviews and comments elsewhere on Newcookingrecipes.com or in any extensions of the Newcookingrecipes.com brand or This Site properties.
Data downloads
You are responsible for downloads and any costs associated with downloading, including unauthorised access to your account and associated downloads. You acknowledge that anyone that knows your username and password will be able to download and any associated costs or liability are your responsibility.
Data security
This Site strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. No data transmission over the Internet or storage can be guaranteed to be totally secure.
* In following sections marked with the asterisk, a reference to “you” is a reference to you and those members of your household whom you have authorized to use your username and password in accordance with these terms and conditions.
Intellectual Property*
All intellectual property in relation to content on This Site belongs to This Site or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on the This Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
You may download and view content or print a copy of material on This Site for personal, non-commercial use provided you do not breach any copyright notices.
All rights not expressly granted under these terms of use are reserved by This Site. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on any This Site without the copyright or trademark owners’ permission.
The logos of This Site, newcookingrecipes.com are trademarks of the owner of this site. Other trademarks may be displayed on This Site from time to time. These may belong to third parties. Nothing displayed on This Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on or within those media, without the express written permission of the relevant owner.
Liability and Indemnity*
Newcookingrecipes.com does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL), which cannot be excluded, restricted or modified. However, Newcookingrecipes.com excludes all other rights, remedies, guarantees, conditions and warranties in respect of your subscription to this Site, whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to Newcookingrecipes.com’s liabilities and obligations under the ACL:
- Newcookingrecipes.com and its related entities do not warrant the accuracy of the content on This Site or taste.com.au. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on newcookingrecipes.com (this Site) may be changed at the sole discretion of Newcookingrecipes.com and its related entities without notice except that if Newcookingrecipes.com materially changes the content which you access through your This Site subscription so that the breadth or nature of the service you receive is materially altered, Newcookingrecipes.com will take the steps to notify you of those changes, where practicable.
- Newcookingrecipes.com and its related entities will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your newcookingrecipes.com usage.
- Newcookingrecipes.com and its related entities do not warrant functions contained in This Site or taste.com.au, such as log in or hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Newcookingrecipes.com or the server that makes it available, are free of viruses or bugs.
- You indemnify this Site, its related companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from or in connection with your This Site subscription, any newcookingrecipes.com registration, any subscription to our digital services or your use of this Site.