Cooked.com.au Legal Notices – last updated: 21 November 2013
Terms and Conditions of Use
The Cooked.com.au website (Website) is owned and operated by Hardie Grant Publishing.
Intellectual Property Rights in the Content on the Website
All information, graphics, and other material on the Website (Content) is owned or licensed by Hardie Grant Publishing or one of its affiliates and is protected by Australian and international laws relating to copyright and trade marks. You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any right of Hardie Grant Publishing. You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by Hardie Grant Publishing.
Each of the books listed on the Website is a trademark of Hardie Grant Publishing or one its affiliates. Nothing contained on the Website constitutes the grant of a licence or right of use of any trademark displayed on the Website.
For the purposes of these Terms and Conditions of Use and the operation of this Website, Hardie Grant Publishing’s affiliates are Hardie Grant Publishing, the companies which publish each of the books listed on the Website, and the authors of each of the books listed on the Website.
Advertising on Cooked.com.au (Website)
Nothing on this Website constitutes an offer for the preparation, placement, or publication of an advertisement. No guarantees are provided regarding the availability of placement. The Website gives indicative information only regarding advertising in the various publications listed on the Website. Rates quoted are not binding on Hardie Grant Publishing or any of its affiliates. Any person who wants to place an advertisement within any of the online properties listed on the Website must contact a Hardie Grant Publishing sales representative in order for rates 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 Hardie Grant Publishing is subject to the ordinary terms and conditions set out in the order form or rate card and is between Advertiser and Hardie Grant Publishing or such other Hardie Grant Publishing affiliate as is relevant to the particular online property which will carry the advertisement.
Hardie Grant Publishing does not warrant the accuracy of the Content. All rates and specifications are subject to change at Hardie Grant Publishing' sole discretion 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 Hardie Grant Publishing' online properties is subject to change or cancellation without notice.
Each person using or accessing any part of the Website indemnifies Hardie Grant Publishing, its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense arising from their use of the Website.
Hardie Grant Publishing does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Hardie Grant Publishing 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) Hardie Grant Publishing 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 Hardie Grant Publishing sole discretion and without notice.
(b) Hardie Grant Publishing 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) Hardie Grant Publishing does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Hardie Grant Publishing or the server that makes it available, are free of viruses or bugs.
(d) Liability of Hardie Grant Publishing, for any breach of a term or condition implied by law is limited at Hardie Grant Publishing discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify Hardie Grant Publishing 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 Website.
Hardie Grant Publishing 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 Website by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not Hardie Grant Publishing 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 Website 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 Hardie Grant Publishing for any breach of a term or condition implied by law is limited, at Hardie Grant Publishing and its affiliates option, to the supply of any service again or the payment for the cost of having any service supplied again.
Users of this website are also bound by the conditions of the Cooked.com.au user agreement including but not limited to the following;
(a) Free trial – every new user who signs up with a valid email address or Facebook account is eligible for a 30 day free trial.
(b) Website access – Cooked.com.au requires a paid membership to access content once the 30 day free trial is expired. Secure payment options available are as follows;
1. Mastercard, Visa credit card payment of annual automatically renewing membership – $49.94 per annum.
2. Mastercard, Visa credit card payment of monthly automatically renewing membership – $4.95 per month.
3. Users who purchase an annual membership are eligible to share an annual membership with one person, one time only. The shared membership will be given via email with redemption code and must be redeemed in 30 days. Shared memberships which are not redeemed in 30 days will become null and void.
(c) Collections – each user can create and unlimited amount of Collections which will be automatically published on Cooked. Users who wish their Collections to remain private must adjust the settings of each Collection.
(d) Appropriate behaviour – Collections and comments must use non-offensive language. Hardie Grant Publishing reserve the right to remove Collections or comments that feature inappropriate or offensive language. If your membership is used to be offensive, Hardie Grant Publishing reserve the right to cancel your membership without notice or refund.
Prices and transactions
All prices on the Website are shown in Australian Dollars (AUD or $) and are inclusive of GST (goods and services tax). Transactions are processed in Australian Dollars via NAB (National Australia Bank) secure payment gateway. If you are purchasing with an overseas credit card you may incur international transaction fees from both Hardie Grant Publishing and your banking service provider.
The following payment methods are currently accepted for purchases on the website;
Diners Club and PayPal are not available.