IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE ANY OF THIS WEBSITE, THE SOFTWARE AND/OR THE SERVICES.
“Content” means any recipe, ingredient, instruction, photo, image, information or other material included in our App or on our website
“App” means the application ‘planbuycook’
“We”, “website” means Appetising Ideas Pty Ltd ACN 165 300 925 and planbuycook.com.au
“You” means any reader, App user or visitor
Disclaimer for Visitors and App Users
Our planbuycook.com.au website and App is designed to help users with planning weekly meal ideas and providing recipes to help make your life easier. We test all recipes, try to ensure we are accurate on measurements, ingredients and instructions. We also engage a qualified nutritionist to provide nutritional information to assist in your lifestyle management. We try at all times to keep our website up-to-date however, we cannot be held responsible for any errors in any Content which may occur from time to time.
We provide recipes, information including nutritional contents and we allow submissions from various sources, including private consumers. We in no way provide any warranty, direct, implied or otherwise toward the content of the recipes including those submitted by any visitor, advertiser, or any other individual. It is up to you to determine the personal nutritional value and safety of the preparation instructions.
We do list all ingredients for the menus and cannot be held responsible for or assume any liability for any adverse reactions to any food consumed. You use all recipes and information on our site at your own risk and we are not responsible for any damage or loss, medically, physically, financially (including but not limited to loss of revenue) and including indirect or consequential which may directly or indirectly result from the preparation of food using any instructions or recipes provided on this website or your interpretation of any information stored on or generated by the App or website. All readers, users and visitors must take care to check the instructions provided to determine any possible medical condition that may arise from the consumption of the ingredients listed on this site.
Health Disclaimer: The nutrition information contained on the App and website is provide for general education purposes only. Persons using the data within the App and website for medical purposes, such as to calculate carbohydrate intake, should not rely solely on the accuracy of the data herein. While the data may be updated periodically, you should not rely solely on the nutritional information posted and you should independently check food labels or other sources for the latest and most accurate information. The nutritional content may differ depending on the ingredients you use.
Posting any Content: You are responsible for all Content posted and activity that occurs on the App under your account, including when Content is posted by others who may have posted under or to your account. You must not use this App or any of our services to post any advertising related or spam material, including but not limited to sale of goods or services unless we have given our express permission. You are solely responsible for obtaining and ensuring you have all third party permissions to post or repost any Content to this App or website including but not limited to ensuring you have obtained and abided by all licensing, approvals or other restrictions that may apply.
We can suspend or terminate your use of the App or our website at any time if you breach any of our terms and conditions, we have reason to believe you are not acting in good faith, are acting in an illegal or offensive manner or for any other reason in our sole discretion.
LIMITATION OF LIABILITY
You acknowledge that you use the App and our website at your own risk. We are not responsible for your use of and conduct in connection with the App in any circumstance. We are not liable in any manner for any loss or damage you may suffer whether direct, indirect, consequential, or special at any time which may result from any Content or your use of our App, website or services. In any case, our liability is limited to the amount paid by you to us in the last year for use of the App and any services.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the App.
We are not responsible for the inability at any time to access our App or any Content, including whether our App or website will be free of viruses. You shall have no recourse against us for any alleged or actual infringement of any proprietary rights for anything you post on or use in relation to our App.
RECIPE SUBMISSION POLICY
If you wish to submit a recipe to planbuycook.com.au, you must agree to following terms:
- All recipes including all photographs, ingredients, and preparation information (together ‘material’) become the property of planbuycook.com.au to use as we determine. We may change or alter the ingredients and their measurements, any serving suggestions or variations as we see fit.
- You agree that any and all material belongs to you and will not breach any third party rights. You agree to indemnify us against any such claim from any third party and we may remove the recipe and ban you from submitting any further recipes.
- It is up to you to determine and ensure by providing the recipe to us, in particular where you take it from other sources, including other websites, that you have the legal right to submit it. Please ensure you check the policies from the sources before doing so.
COPYRIGHT, OWNERSHIP OF CONTENT AND RESTRICTIONS OF USE
The Content, including but not limited to graphics, software, functionality, content, names, logos and trademarks, materials, database, App and website are protected by copyright and may not be reproduced or used without the express written permission of Appetising Ideas Pty Ltd. All material is protected by copyright under the Australian Copyright Act 1968.
Permission is granted to electronically copy or print hard copies of any page or portion of our website that is a ‘recipe’ for your own personal use and non-commercial future reference. However, you may not modify, copy, distribute, transmit, display, perform, produce, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, images, media, information, software, products or services obtained from this website. You shall use your best efforts to stop any such copying or distribution immediately after such use becomes known to you.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ’s rights and obligations to each other.
LINKS TO OTHER WEBSITES
We may from time to time provide on our website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between planbuycook.com.au and the owners of those websites. planbuycook.com.au takes no responsibility for any of the content found on the linked websites.
planbuycook.com.au’s website may contain information provided by third parties for which we accept no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
YOUR PRIVACY
At planbuycook.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. planbuycook.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. planbuycook.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
planbuycook.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
planbuycook.com.au may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of planbuycook.com.au, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of planbuycook.com.au. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and planbuycook.com.au concerning your use and access to planbuycook.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and planbuycook.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
