TERMS AND CONDITIONS OF USE

(version 2.3)

Important Information

These conditions contain the legal agreement between you and The Canny Cook (Australia) as to the terms on which you are permitted by The Canny Cook (Australia) to use the website.

TCC owns the website and all Intellectual Property Rights in the website including all content stored on the website unless otherwise indicated, and all rights are specifically reserved. TCC has granted The Canny Cook (Australia) the right to operate the website (in its own right and not as agent for TCC) and to use TCC’s Intellectual Property Rights aforesaid solely for the purpose of operating the website. The Canny Cook (Australia) has also been licensed to use content in which the Intellectual Property Rights are owned by third party content providers. The Canny Cook (Australia) permits you to use or otherwise benefit from the functionality or intellectual property rights owned by or licensed to it and which have been incorporated into the website but only in accordance with the terms of these conditions and subject to any limitations on the use of any content stored on the website that have been imposed upon The Canny Cook (Australia) by its respective content providers or by TCC as the case may be. All other rights are reserved by The Canny Cook (Australia).

By clicking in the checkbox for “I accept Terms and Conditions” on the Registration page or by using any part of the website in any way other than viewing the “home page” or these conditions, whichever occurs first, you acknowledge that you have read and understood these conditions and you express your agreement to be bound by them. You should pay particular attention to the health warning in Clause 16 and the disclaimers in Clause 17 before accepting these conditions.

For registered users, your access codes are important and must be kept secret. You may be liable for unauthorised use of the website or any part of it. See Clauses 3, 6, 7, 9, 10, and 11 for more details. If any of your access codes have become known to another person or you are concerned they have, please refer to Clause 6 for information on what you should do.

If you have any queries regarding the website or these conditions, please contact us via the contact details recorded elsewhere on the website.

Words in these conditions in italics have been defined at the end of these conditions in Clause 23.

1. Conditions

These conditions apply to your use of the website.

2. Accepting these Conditions

You confirm that you have read and understood these conditions and that you accept and agree to be bound by them by clicking on the “I accept these conditions” button at the bottom of this screen or when you use the website, which ever first occurs.

3. Use Restrictions

Unregistered users may only use public pages on the website.

You must not use any secured user pages if you are not a registered user. If you are a registered user, you may personally use any public pages and any secured user pages provided that such use is for your private, domestic or personal purposes, and you only use secured user pages whilst logged in using your access codes.

Regardless of whether or not you are a registered user, you:

(a) may only use the website through means provided or intended by us. This means, amongst other things, that you are not
permitted to “screen-scrape”;

(b) must not use or permit or suffer any other person to use any administration pages forming part of the website;

(c) must not use or permit or suffer any other person to use or attempt to use, any part of the website for commercial gain; and

(d) are not permitted to use or continue using any part of the website if you have not agreed to these conditions.

4. Registering for the Website

In order to register for the website, you must first provide the details (including your choice of username and password) and payment set out on the registration page of the website. Your registration will be complete once we have received your required details and payment and you activate your account. All subscriptions must be paid in advance for your desired period of registration.

If you do not activate your account within fourteen (14) days after paying your subscription fee, we will assume that you do not wish to proceed with your registration. In this situation, your account will be cancelled and you may obtain a full refund of your subscription fee from the Merchant Transactions Provider. Alternatively, if you activate your account within this fourteen (14) day period, your registration will be complete. You cannot alter your period of registration once your registration is complete. However, if you change your mind about registration, you may cancel your registration by emailing us with a request for cancellation. All such requests must be in writing and accompanied by satisfactory proof of identification. If you elect to cancel your registration, your account will be cancelled and you may obtain a refund of your subscription fee, less an administration fee of $10, from the Merchant Transactions Provider.

Your password must be between 5 and 20 digits long. It must not be:

(a) a numeric code that represents your date of birth;

(b) your driver's license number;

(d) an alphabetical code that is a recognisable part of your name.

Once your registration is complete, you will need to use your access codes each time you want to use any secured user pages. You must not use any part or feature of the website without first logging in. We may at any time and at our sole discretion require you to use an additional access device or code to operate any part of the website.

You will also need to have access to a computer with suitable software. By accepting these conditions you certify to us that you are only attempting to use the website using a computer with suitable software.

5. Electronic Payments

The Canny Cook (Australia) does not provide the functionality to enable you to transfer funds electronically to make subscription payments. This functionality is provided to you separately by the Merchant Transactions Provider. Any arrangements and relationship between you and the Merchant Transactions Provider are independent of your arrangements and relationship with us. We do not give you any warranties, assurances or endorsements in relation to the Merchant Transactions Provider, and you must satisfy yourself in relation to any questions or concerns you may have of or about the Merchant Transactions Provider or the services provided by the Merchant Transactions Provider, including but not limited to any security concerns you may have.

6. Your access codes

Your access codes are your keys to the secured user pages. Your access codes are valuable and must be kept secret. You must not share your access codes with anyone.

Subject to Clause 10 of these conditions, you are wholly responsible for, and hereby indemnify us in respect of, any loss or damage arising from use of any part of the website using your access codes, regardless of whether or not you authorised the particular use in question, and regardless of whether or not you voluntarily supplied your access codes to the relevant user.

You agree to tell us quickly and without delay if you think someone knows your access codes, regardless of whether you believe that any such person has or may have obtained unauthorised access to any part of the website, and you must immediately change your access codes by selecting an new username and password in accordance with these conditions.

7. Guidelines for Recording Your Access Codes

You can record your access codes to help you remember them but they must be reasonably disguised. You should NOT:

(a) record any access codes together with any reference to the website even if you disguise it;

(b) reverse the order of the access codes;

(d) disguise any part of your access codes as a telephone number;

(e) replace any part of your access codes with letters (eg. A=1, B=2, C=3);

(f) write numbers that contain the same sequence of numbers as any part of your access codes;

(g) record your access codes on a computer or electronic device where it can easily be retrieved;

(h) keep a record of your access codes in close proximity to any device you use to access the website (for example your
computer).

These are only examples. There are other ways that you should not use to disguise your access codes or any part of them which might make your access codes obvious to another person.

8. Privacy Policy

We collect, or may collect, and store information about your internet protocol address, country of origin, web browser type, operating system and referrer details. The collection of this information may be used to construct a profile of visitors to our site, to tailor our website pages to particular browsers, and to identify the source of referrals to our site.

We may also use “cookies” to enable you to sign into our services and to help personalise your online experience and/or to protect the integrity of our security and registration processes. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. We may use cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to our website. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the website that depend on cookies.

We also collect personal information about our registered users or former registered users. The types of information we collect include the name, gender, age, contact telephone numbers, and postal residential and email addresses of registered users and details of the number of people in a registered user’s family, the types of publications (eg magazines) that registered users like to read or purchase, how often a registered user visits the website, and which parts of the website they visit. We also collect registered users’ access codes, and details of their preferred security question and security answer (to enable retrieval of forgotten access codes). This information is collected at various times including on initial registration and when registered users participate in promotions or competitions featured on the website. We do not collect or store credit information.

We use the information we collect to provide the services you request. We may also use the information we collect to display personalised content and advertising, to inform you of products or services offered by us or our affiliates, and to send registered users and former registered users survey invitations related to our services. You may refuse permission for us to use your personal information for marketing purposes by email. If you refuse permission for us to collect and use your personal information, you cannot become a registered user and, if you are already a registered user, you may not be able to use some of our services or participate in any of our promotions or competitions.

Under no circumstances will we release or share any information to third parties which personally identifies registered users or former registered users. However, we reserve our right to use and disclose personal information relating to any user for any other purpose authorised or required by law, including to our legal and accounting advisors, our successors and assignees, law enforcement agencies, and for any purpose related to the commencement, defence or prosecution of any legal proceeding relating to these conditions or the use of any part of the website.

Registered users may request access, or changes, to their personal information in our possession. All such requests must be in writing and accompanied by satisfactory proof of identification. We reserve the right to refuse access, or to make changes, to any personal information we have collected about a registered user or former registered user if we are not reasonably satisfied with any proof of identification supplied with any such request.

To avoid doubt, by agreeing to these conditions, you acknowledge and agree that we may collect data and personal information for the purposes outlined in this Clause. To the extent necessary, you consent to any cross border dataflow necessary to enable us to store any information so collect to our servers and/or databases wherever they are situated.

9. Other Limitations

Except as expressly provided (and then only to the extent so provided) in these conditions or in any law, you must not:

(a) make or distribute copies (including back-up copies) of the website or any part of it (including any content stored on the
website other than content that has been uploaded to the site by you);

(b) transfer, share or licence your right to use any part of the website to or with any other person, whether or not for value;

(d) adapt, alter, delete, modify, or translate any part of the website (including any content on the website);

(e) exploit the website or any content stored on the website commercially;

(f) remove, disable or circumvent any proprietary notices or labels, or security or operational features contained on or within
the website or any part of it.

To avoid doubt, you must not allow or suffer any other person to do anything you are prohibited from doing under these conditions.

The website may contain certain design, programming and processing utilities, tools, assets and other resources (“Utilities”) for use with the website which allow you to upload material to the website or perform other operations for your own use. Where this is the case:

(a) you must use the Utilities strictly for the purpose for which they have been provided; and

(b) you must not use or allow or suffer third parties to use any of the Utilities for any purpose whatsoever;

Whether or not through the use of any Utilities:

(a) you must not upload any virus or executable file to the website or otherwise upload any computer file which modifies any
COM, EXE or DLL files or to any other executable files forming part of the website; and

(b) you must not upload any unauthorised material to the website.

You must remove any unauthorised material you have uploaded to any part of the website immediately upon being directed by us to do so. However, we reserve the right to remove, delete and/or destroy any unauthorised material you have uploaded to any part of the website without first directing you to do so and without giving you prior notice of our intention to do so or reasons for our doing so.

For the purpose of this clause, you are deemed to have uploaded any unauthorised material to the website which has been uploaded using your access codes.

You hereby assign to us any Intellectual Property Rights you may otherwise have in any software you create as a derivative work of the website, and you hereby acknowledge and agree that we may use free of charge and for any purpose whatsoever any material made publicly available by you which in any way relates to the website, including but not limited to advertising and promoting the website.

10. When you are not liable for loss or damage

You will not be responsible for any loss or damage that is:

(a) caused by fraudulent or negligent conduct of our staff or agents; or

(b) losses relating to any components of an use method that are forged, faulty, expired, or cancelled.

To avoid doubt, you acknowledge and agree that the Merchant Transactions Provider is not our agent.

This clause does not apply if you have not complied with Clause 11.

11. Your obligation to protect against unauthorised use

In addition to complying with the guidelines set out in Clause 6, you must not:

(a) disclose or give your access codes to anyone, including a family member or friend; or

    (b)    record any part of your access codes on the outside of any device you use to access or otherwise use any part of the website,
            or keep a record of any part of the access codes (without making any reasonable attempt to protect the security of the use
            code record) on the one article, or on several articles, carried with the device aforesaid or liable to loss or theft
            simultaneously with that device; or

For the purposes of this clause, a reasonable attempt to protect the security of an access code record includes either or both of:

(a) making any reasonable attempt to disguise the password within the record; or

(b) taking reasonable steps to prevent unauthorised use to the use code record.

To avoid doubt, the mere fact that you have complied with the guidelines set out in Clause 6 will not exonerate you from liability for any loss or damage caused by anyone using your access codes if you have otherwise acted carelessly.

12. External Links

The website may enable you to link to linked content. Any linked content is not under our control and we are not responsible for the content (including changes or updates thereto) of such sites. We are not responsible for webcasting or any other form of transmission forming part of any linked content. Any links provided to linked content through the website are provide for your convenience only, and the inclusion of any such link does not imply an endorsement by us of any such linked content.

13. Reservations

The Canny Cook (Australia) hereby reserves all rights not expressly granted to you under these conditions. Without limiting the generality of the foregoing and without prejudice to any of their other rights:

    (a)    all title and Intellectual Property Rights in and to the website (including any content stored on it), any accompanying printed
            materials, and any copies of the website, are owned by and remain the property of The Canny Cook (Australia) and/or content
            providers as the case may be; and

    (b)    all title and Intellectual Property Rights in and to the content that is not contained in the website, but which may be
            accessed through use of the website is the property of the respective content owner and may be protected by applicable
            copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the
            website may be governed by the respective terms of use relating to such services. If the website contains documentation
            that is provided only in electronic form, you may print one copy of such electronic documentation.

Nothing in these conditions affects the ownership of any Moral Rights in the content stored on the website.

The Canny Cook (Australia) is under no obligation to implement any extension, alteration, improvement or additional functionality to the website or to incorporate any change into the website to overcome any defects whatsoever in the website.

14. Indemnity

You agree to indemnify The Canny Cook (Australia) and its content providers in respect of any and all liabilities, losses actions, damages, or claims (including all expenses and costs, and legal fees (on a full indemnity basis)) arising out of or relating to any breach by you of any of these conditions or any infringement by you of any Intellectual Property Rights owned by them or any one or more of them.

15. Electronic Communication

In accepting these conditions you agree that we can give you any information required or permitted to be given to you under these conditions or by law or any applicable code by electronic communication, unless any law or code requires otherwise.

16. Warning

Before preparing, serving or consuming any of the dishes contained in recipes available on this website, or handling or consuming any of the ingredients for those dishes, you should consult with your medical doctor, dietician and nutritionist to ensure that you are not allergic to any of the ingredients, and that the dishes are suitable to your particular dietary, medical and/or nutritional needs.

17. Disclaimers

To the maximum extent permitted by law, you acknowledge and agree that:

    (a)    The information provided on this site is provided to you as is and with all faults and that all warranties (express or implied)
           are hereby excluded. We are not responsible for errors, inaccuracies, or omissions in any information contained on the
            website, and we hereby expressly exclude any and all liability for breach of contract or warranty, tort (including negligence),
            product liability or otherwise, for any direct, indirect, special, incidental, consequential or other loss or damage sustained by
            you even if you have advised us of the possibility of such loss or damage;

    (b)    We do not make any representations or give any warranties or guarantees whatsoever as to the accuracy, adequacy,
            reliability, completeness, suitability or applicability to a particular situation of any information provided on this website. In
            particular, the recipes contained on this site may not be suitable to your particular dietary or medical requirements. By
            using any recipes provided on this website, you warrant to us that you have consulted your medical doctor, dietician and
            nutritionist before using same and that the ingredients contained in any such recipes do not pose any risk to your health
            having regard to your specific medical conditions, allergies, and/or dietary requirements; and

(c) We are not responsible for any loss or damage suffered by you in any of your dealings with the Merchant Transactions
Provider.

Without prejudice to the generality of the foregoing, you also acknowledge and agree that we shall not be liable for any loss or damage due to any circumstance beyond our control, including but not limited to failure by third party data transmission networks or servers.

You hereby acknowledge and agree that we would not provide the website, or permit you to use the website including to any recipes contained thereon, but for your acknowledgments and your agreement to the limitations on our liability as set out above.

18. Problems with the Website

If you think there has been a mistake or an operation you did not authorise, or if you think there are any faults in any part of the website, you must inform us immediately via email. To assist in obtaining a prompt resolution to the problem, please give us clear instructions as to your identity, the nature of the problem and the date on which it occurred.

19. Changes

Our subscription fees are subject to change at any time. Any changes will only take effect from the date of your registration or renewal of your registration.

We can change these conditions and particular conditions at any time. Your use of any part of the website will be regulated by these conditions as they exist from time to time.

20. Restrictions

At any time, we may cancel or suspend your use of the website or of any function or service incorporated into the website. If we do this, we will tell you in writing as soon as possible. We can also delay or refuse to process your instructions.

21. Termination

Without prejudice to any other rights we may have, all rights to use the website granted hereunder are automatically forfeited if you fail to comply with any term forming part of these conditions. In that event, no refund of any subscription fees previously paid by you will be given.

You cease to be a registered user immediately upon your current subscription expiring. We may, in our sole and unfettered discretion, removed, delete, destroy or store all copies of any material you may have uploaded to the website whilst you were a registered user. We may also remove any user preferences you may have set whilst a registered user.

22. General

Should any part of these conditions be or become invalid or illegal under any applicable law, that part shall be severed from these conditions. Such invalidity shall not affect the validity of the remaining provisions of these conditions.

The English version of these conditions will be the version used when interpreting or construing these conditions.

These conditions contain the entire agreement between you and The Canny Cook (Australia)relating to your use of the website or any part of it and it supersedes any prior representations (express or implied), discussions, undertakings, communications or advertising relating to the website.

These conditions shall be governed by the law of Queensland, Australia, and the agreement between the parties shall be deemed to have been entered into in Brisbane, Queensland. These conditions will not be governed by the conflict of law rules, the application of which is expressly excluded.

23. Definitions

In these conditions:

a reference to the singular includes the plural and vice versa;
where a party to these conditions is comprised of two or more persons, these conditions binds those persons jointly and each such person separately;
a reference to “collect” includes store; and
a reference to “$” or AUD means Australian dollars.

A reference to “we”, “us” or “our” means The Canny Cook (Australia) and includes its successors and assigns.

A reference to “you” or “your” means the user of any part of the website, whether or not the user is a registered user.

In these conditions, unless the context otherwise requires, words in italics have the following meanings:

“access codes” means your username and password.
“administration pages” means those web documents forming part of the website that are not public pages or secured user pages, and includes any content stored on the website that is accessible through those documents to the extent that such content are accessible by or clearly designed and intended to be used by members of the public without an access code or by registered users.
“TCC” means The Canny Cook Pty Ltd (A.C.N. 117 852 990) as trustee for the Jade Skye Trust.
“conditions” means these terms and conditions which apply to your use of the website.
“content” includes text, graphics, photographs, animations, audio, video, design, software, database files, and applets.
“The Canny Cook (Australia)” means The Canny Cook (Australia) Pty Ltd (A.C.N. 123 157 844)
“electronic communication” means a communication of information in the form of data, text or images by guided or unguided electromagnetic energy, or a communication of information in the form of sound by guided or unguided electromagnetic energy, if the sound is processed at its destination by an automated voice recognition system.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
“Internet” means the world wide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol.
“linked content” means a site or content owned, operated or maintained by anyone other than Canny Cook which is made accessible by you via a link on any part of the website.
“Local Law” means any applicable law in force in the jurisdiction in which you are viewing the website.
“Merchant Transactions Provider” means PayPal Australia Pty Limited ABN 93 111 195 389
and SecurePay Pty Ltd ABN 92 088 101 875.
“Moral Right” means:
(a)    a right of attribution of authorship; or
(b)    a right not to have authorship falsely attributed; or
(c)    a right of integrity of authorship; or
(d)    a right of a similar nature, which is conferred by statute, and which exists or comes to exist anywhere in the
        world in a deliverable form comprised within these conditions.
“objectionable material” includes pornographic or sexually degrading content or content that advocates criminal behaviour, violence, terrorism, or cultural, sexual, racial, religious or political discrimination or harassment, and includes any other material that we find distasteful for any reason whatsoever.
“operation” means any operation we allow to be performed or carried out on a secured user page including, but not limited to, any functionality incorporated into any secured user page.
“password” means any secret alphanumeric use code prescribed or required by us and which you must use together with you username in order to use the secured user pages.
“public pages” means those web documents forming part of the website that are accessible by and clearly designed and intended to be used by members of the public without an access code, and includes any other content stored on the website that is accessible through those documents but only to the extent that such content are accessible by and clearly designed and intended to be used by members of the public without an access code.
“site” means a location accessible to subscribers on the Internet through the Web, via a graphical user interface.
“registered user” means a person who has a current subscription for the website.
“secured user pages” means those web documents forming part of the website that are accessible by or clearly designed and intended to be used by registered users, and includes any content stored on the website that is accessible through those documents but only to the extent that such content are accessible by or clearly designed and intended to be used by registered users.
“suitable software” means Internet Explorer 5.5 Service Pack 2 or above, or Netscape Navigator 6.1 or above running on Windows 98/Me/NT/2000/XP with anti-virus software or other software approved by us.
“unauthorised material” includes illegal, obscene or defamatory material, objectionable material, material that infringe the rights of privacy and publicity of third parties and any material in which any third party has any Intellectual Property Rights. For the purposes of this definition, “material” includes content.
“use” means accessing, viewing or displaying any web document or content forming part of the website (or any linked content where such content is accessed, viewed or displayed by you by following a link contained on any part of the website) or performing any operation including storing (or continuing to store) any content on the website, and includes attempted use or attempting to use.
“username” means a unique alphanumeric identifier that that you are required to enter electronically in order to use the secured user pages.
“website” means the Internet site provided by us that enables you to do operations relating to the accessing or viewing of recipes supplied by us or the storing of your personal recipes, and includes any associated media, print materials, “online” or electronic documentation, and services provided by us through the website except any site, documentation or web services that are accessible via the website which are not owned or operated by us.
“web” means a method of representing and obtaining graphical data and linking data items used by Internet users.
“web documents” includes documents written in HyperText Markup Language (HTML).