myfoodbook Terms and Conditions
These terms and conditions of use apply to consumers of this website. Additional terms specific to myfoodbook partners and other commercial arrangements may apply to certain users. Please contact us directly for these additional terms.
Your agreement with us
These terms set out the terms and conditions which apply to your access and use of the myfoodbook website located at myfoodbook.com.au and other similar sites (Site). By accessing our Site, you agree to be legally bound by these terms.
- In these terms and conditions, "we", "our" and "us" refers to Whisk Media Group Pty Ltd (ACN 146 029 085) (WMG).
- References to “you” and “your” are references to you as a user of the Site or a holder of an account on the Site, and if you are acting on behaf of another person, that person.
What we do
Our Site provides an online space for you to:
- browse, create, collect, collate, print and share recipes and dishes;
- create an online personal account to store your favourite recipes in one or more free digital recipe books;
- join a forum or discussion group on any cooking or food related discussion topics; and
Your use of the Site
- You may only access our Site and use goods and services supplied via our Site for personal use only. You must not use the Site for any commercial or profitable enterprise.
- If you are under 18 years of age, you must obtain the consent of your parent or guardian to use or sign up to an account on the Site. You must provide your parent or guardian’s consent upon request.
- If you use the Site to set up an account, you must ensure that you keep your account username and password secure. You must not share your password with any person. You may only use your own account, and must not use or access any other person’s account.
- When you create an account with myfoodbook.com.au you will be automatically subscribed to our newsletter. You can unsubscribe from our newsletter and change your account preferences at any time in your account profile.
- Your access and use the Site must comply with our Fair Use Policy and User Guidelines published by us from to time.
- You must not use or access the Site in a manner or for a purpose contrary to the law.
- You must not hide, deface, delete or otherwise vary any content provided on our Site, including reusing any copyright symbol, trade mark or other proprietary rights notice.
Interaction with other users
- You may interact with other users of the Site from time to time. You must be mindful of your dealings with other users at all times. Your interactions with others on the Site must:
- comply with the Fair Use Policy and User Guidelines; and
- must be courteous.
- When interacting with other users of the Site, you must comply with the law at all times.
Accessing our Site
- You must not hack into, change or otherwise knowingly transmit a trojan, malicious software, virus or otherwise damage the Site or any information contained on it.
- We do not warrant that you will be able to access our Site at all times. From time to time, we may need to provide scheduled or unexpected maintenance and upgrades. We will endeavour to provide you with reasonable notice of any outages.
- Our Site uses various programming languages, software and plug-ins which may affect your experience of the Site. We are not responsible for and do not warrant that your access or our Site will be uninterrupted, error free, free of viruses or programming bugs or interferences. Your access is subject to:
- your hardware used (including your computer or device) and any software used by you (including any web browsers) and the compatibility of those items with our Site;
- your security settings (and any other filters you may have); and
- the quality of your internet connection.
- The transmission of data over the internet is not always secure. Although we endeavour to secure the Site, we are not liable for any breaches of security. You use the Site entirely at your own risk. You are responsible for the content you post or make available on the Site.
- You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Content on the Site
- The content published on the Site includes the information provided by third parties, suppliers and other Site users.
- We are not responsible for and do not warrant any of the content published on the Site. Without limitation, we do not warrant that content on the Site:
- is true, accurate, correct or complete;
- is not misleading or deceptive or likely to mislead or deceive;
- has been tested or the instructions for use are not free of error; or
- complies with any law, is not offensive or appropriate.
- You may report any content published to us via the contact email on our Site.
- Some parts of the Site are available to the general public. Content provided by you for publication in publicly available parts of the Site may be published by us on the Site from time to time.
- We may delete, withdraw or alter any content provided or uploaded by you where we consider:
- it is does not comply with our Fair Use Policy or User Guidelines; or
- is inappropriate, offensive, or breaches any law, or the rights of another person.
- You must not use or upload any content on the Site that infringes the rights (including intellectual property rights) of any third party. You must not use or upload content of another person unless you have obtained that person’s consent to the information being used in accordance with these terms.
Links to third party sites
- Our Site may contain promotions and links to other websites operated by third parties. We are not liable for your access to those third party sites; the terms which govern those sites will be set out the relevant sites.
- The Site contains material provided by us or by third parties which includes the intellectual property rights of us or those persons. Intellectual property includes trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
- Unless permitted by law or this agreement, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.
- If you upload or share any content on the Site, you warrant to us that:
- you own or are entitled to use the material that you post on the Site and/ or share with your friends on the Site in the manner that contemplated;
- none of the material that you post on the Site will be contrary to any applicable laws or give rise to any liability or actions against us or, our officers, agents, contractors and employees; and
- you have obtained all necessary licenses and consents for any content provided by you to be placed on the Site.
- You indemnify us against all loss, costs, damages and expenses directly or indirectly incurred or suffered by us as a result of content provided by you used on the Site including but not limited to any loss, costs, damages and expenses incurred as a result of a breach a warranty in this clause or a breach or alleged breach of the intellectual property rights of a third party.
Suspension and termination
- We reserve the right to suspend your account or your access to the Site, or terminate this agreement if you have breached any of these terms or our Fair Use Policy or User Guidelines.
- We may suspend your account or your access to our Site, or terminate our agreement with you if:
- we reasonably believe that your continued access to and use of our Site is likely to cause us loss or damage;
- we are required to do so by law;
- we have received notice in relation to your material or your use of our Site that we consider (in our absolute discretion) warrants suspension or termination; or
- we consider your use of the Site infringes the rights of any third party.
- Where we have suspended your account or access to our Site or where we have terminated our contract with you, you must not attempt to circumvent this action by registering or attempting to register on the Site under an alternative username.
- The rights of the parties that have accrued immediately before termination of our agreement with you continue to survive after termination.
Limitation of Liability
- These terms do not exclude any conditions or guarantees which cannot be excluded by law.
- Except as set out in these terms, we make no warranty in relation to goods or services supplied by us or your use of the Site.
- To the fullest extent permitted by law, and in particular the Competition and Consumer Act 2010 (Cth), our liability for breach of a warranty, guarantee or condition which cannot be excluded by law is limited (at our discretion except in the case where the law limits the available remedies) to the following:
- in the case of goods:
- the replacement or repair of the goods or the supply of equivalent goods; or
- the payment of the costs of replacing or repairing the goods or of acquiring equivalent goods; and
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Except as set out above, we exclude all liability to you (including liability relating to consequential or indirect loss), except to the extent permitted by law.
- Subject to the remainder of this clause our liability to you will otherwise be limited to the amount paid by you (if any) to us in relation to goods and services acquired on the Site.
Variation to these terms
- We may amend these terms from time to time on 14 days notice by publishing a notice (and the new terms) on our Site. You agree to be bound by the varied terms if you continue to access the Site after the variation takes effect.
- These terms are made up of the following documents (and if there is any inconsistency between them, then the following documents shall take priority in the order of precedence):
- these terms;
- the Fair Use Policy;
- the User Guidelines;
- any term of subscription;
- prices and payment terms.
- If any part of these terms is held illegal, unenforceable or void, that part shall be severed and the remainder of these terms will continue in full force and effect.
- No waiver of any breach of these terms will be construed as a waiver of any other breach of these terms. A failure to take action does not constitute a waiver by us.
- These terms are governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the Courts of Victoria.