Cooking.com.au Terms of Use
Family Friendly – All members/users please remember the cooking.com.au website (cooking website) is a family friendly website. Family friendly meaning suitable for all members of an average family, including kids of all ages.
Legal Requirements
Membership
To help ensure the cooking website follows legal requirements and remains family friendly, all users who post content are required to become members and agree to the cooking terms off use.
Membership to the cooking site is available to all members of the Australian public, we also encourage any person of any country to hopefully share their cooking experience here with us!
To help keep our website from being misused in an offensive or illegal manner, members are required to use only their full legal name, No nick names, or singular names.
Members, please use our site respectively, and remember to keep your content Family Friendly.
You as a registered member agree that you are solely responsible for all content posted by you, on the cooking.com.au website.
Our use of the term “content” is a broad term for materials displayed including but not limited to recipes, all images which include photographs, graphics, illustrations and artwork, videos, music and sound, text, logos and names, trademarks including service marks.
Posting Up-loading content on the cooking site
Membership Obligations
Members are solely responsible for verifying their content (information) is truthful, not misleading, legal, and appropriate. Members are required to take solely responsible for all content they post on the cooking.com.au website.
Members, please remember if you don’t own the content you’re posting (up-loading) on the cooking website, you need permission from the relevant owner.
Do not post or up-load recipes from books, or other publish mints without first gaining permission from the relevant owner or publisher.
Copyright and Intellectual property rights
Copyright Notice
All content displayed on the cooking.com.au web site is protected by copyright. You are required to respect copyright and intellectual property rights of others when using this web site.
You must not: copy, reproduce, modify, or alter any content without first gaining permission in writing from the cooking site.
You may Only download content such as [pictures, illustrations, drawings, sketches, paintings, photographs, snapshots, etchings, text, data and/or everything you see] for your personal, non-commercial use, strictly on the condition you keep all content intact and in the same form as presented on the cooking.com.au web site.
The cooking site reserves the right to take action if deemed necessary for violations of all or any part of this copyright notice.
Can recipes be protected by copyright?
Copyright can protect Substantial Literary Expression
Recipes can be protected under copyright law if they are accompanied by “substantial literary expression.” This expression can be an explanation or detailed directions, which is why we encourage members to share their personal anecdotes and stories, with a recipe’s ingredients.
A recipe can also be protected by copyright law if it creatively describes or explains the cooking or baking process connected to the list of ingredients.
Copyright and the expression of Facts
The process for making the dish, or the resulting dish itself, are all facts, but Copyright will only protect the expression of facts.
Copyright will not cover the recipe’s ingredient list
Even if the description of the recipe is sufficiently creative and copyrightable, the copyright will not cover the recipe’s ingredient list.
That means that someone can express the recipe in a different way — with different expression — and not infringe the recipe creator’s copyright.
Permission to use website
1. Terms and conditions, for using the cooking (cooking.com.au) website
1.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
1.2 Except as expressly permitted by Section 1.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
1.3 You may only use our website for your own personal use; you must not use our website for any other purposes.
1.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
1.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
1.6 Notwithstanding Section 1.5, you may redistribute our newsletter in print and electronic form to any person.
1.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
2. Misuse of website
2.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
(n) do anything that interferes with the normal use of our website.
2.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.
3. Membership, Registration, and accounts
3.1 To be eligible for an account on our website under this Section 5, you must list your country, region, postal address, phone number(s) and email address.
3.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
3.3 You must not allow any other person to use your account to access the website.
3.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
3.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
4. User login details
4.1 If you register for an account (membership) with our website, we will provide you with OR you will be asked to choose a user ID and password.
4.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 4; you must not use your account or user ID for or in connection with the impersonation of any person.
4.3 You must keep your password confidential.
4.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
4.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
5. Cancellation and suspension of account
5.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.
2.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 5.2.
6. Rules about your content
6.1 You warrant and represent that your content will comply with these terms and conditions.
6.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
6.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
6.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
6.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
6.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
7. Cancellation and suspension of account
7.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.
7.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2
8. Personal profiles
8.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete, and non-misleading.
8.2 You must keep your personal profile on our website up to date.
8.3 Personal profile information must also comply with the provisions of Section 2 and Section 10.
9. Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media OR reproduce, store, and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all your content.
10. Rules about your content
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory; or
(r) cause annoyance, inconvenience, or needless anxiety to any person.
10.4 Your content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
10.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
10.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
11. Report abuse
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know about any such material or activity by email or using our abuse reporting form.
12. Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 13.6 shall not apply.
13.7 We will not be liable to you in respect of any special, indirect, or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 13.7 shall not apply.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract.
14. Indemnity
14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
15. Breaches of these terms and conditions
15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Third party websites
16.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
16.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Trade marks
17.1 cooking.com.au our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
17.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
18. Variation
18.1 We may revise these terms and conditions from time to time.
18.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
18.3 If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
19. Assignment
19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
20. Severability
20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
20.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. Third party rights
21.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
22. Entire agreement
22.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
23. Law and jurisdiction
23.1 These terms and conditions shall be governed by and construed in accordance with Australian law.
23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of Australia
24. Statutory and regulatory disclosures
24.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
24.2 These terms and conditions are available in the English language only.
24.3 We are a registered NSW Australia Business;
- Australian Business Number; ABN 24 284 782 055
24.4 We are subject to the Australian business and environment laws. The standards are enforced by the Australian Competition and Consumer Commission (ACCC). State and territory government fair trading offices are also involved in the enforcement of product safety rules.
24.5 We are registered as; WHAT’S COOKING AUSTRALIA – with ASIC (Australian Securities and Investments Commission) in Australia, and are subject to Australian Securities and Investments Commission Act 2001 (ASIC Act), which can be found at; https://www.legislation.gov.au/Details/C2021C00281
24.6 We abide to the Code of Ethics and Conduct | NSW Government, which can be consulted electronically at; https://www.nsw.gov.au/customer-service/who-we-are/code-of-ethics-and-conduc
25. Our details
25.1 This website is owned and operated by;
WHAT’S COOKING AUSTRALIA
25.2 We are registered in NSW Australia, under registration number ABN 24 284 782 055
25.3 Our principal place of business is at; 5 Kadina Street, NSW Australia 2870
25.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.