Legal Notices

Taste.com.au Legal Notices - last updated: 19 August 2014

Please scroll for Taste Planner subscription terms and conditions.

Terms and conditions of use

The Taste.com.au website (Website) is owned by News Limited (News) and operated on its behalf by NewsLife Media.

Your use of, and access to, the Website constitutes your agreement to the Terms of Use set out below and any other terms set out elsewhere on the Website. News may amend the Terms of Use at any time.

Intellectual Property Rights in the Content on the Website

All information, graphics, and other material on the Website (Content) is owned or licensed by News 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 News. 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 News.

Each of the magazines listed on the Website is a trademark of News 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.

Terms and Conditions for the Supply of Your Content

1. If you send content to News, you agree to be bound by these terms and conditions.

2. These terms and conditions are subject to change at the sole discretion of News.

3. News will determine, at its discretion, whether to publish (or remove from a site) any of your content.  

4. You acknowledge that News may use all intellectual property rights in your content throughout the world, in perpetuity, without restriction and free of charge including publication of that material in hard copy publications or in electronic media, using your content in advertising and promotional material for News and permitting others to do any of these and that any such use does not give rise to any obligation of News to make any payment of any kind to you.

5. You waive all moral rights in your content and consent to anything which News (or any person permitted to do so by News) may do in relation to your content which would otherwise be in breach of your moral rights.  This includes that News may use your content without attributing you as the source of your content.

6. News may edit your content in its discretion. 

7. You warrant that:

(a) you own your content and all rights in relation to your content;

(b) you obtained your content in a manner which does not breach any laws or the rights of any person;

(c) your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a  person or entity; this may not be relevant to the type of material you are going to be asking for

(d) your content, your provision of your content to News and the use by News of your content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;

(e) your content, at the time you send it to News, contains no virus or other code or material embedded in it which will have a negative impact on News’ services or infrastructure;

(f) your content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and

(g) you did not forge any TCP/IP packet header or any part of the header information in any email or SMS.

8. On providing your content to News for publication in any media, you indemnify News and its officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of a breach by you of these terms and conditions.

Affiliates

For the purposes of these Terms of Use and the operation of this Website, News' affiliates are NewsLifeMedia and the companies which publish each of the magazines listed on the Website.

Booking Advertisements

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 News 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 News 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 News is subject to the ordinary terms and conditions set out in the order form or rate card and is between Advertiser and News or such other News affiliate as is relevant to the particular online property which will carry the advertisement.

Rates and Specifications

News does not warrant the accuracy of the Content. All rates and specifications are subject to change at News' 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 News' online properties is subject to change or cancellation without notice.

Indemnity

Each person using or accessing any part of the Website indemnifies News, its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website.

NewsLifeMedia 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, NewsLifeMedia 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) NewsLifeMedia 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 NewsLifeMedia’s sole discretion and without notice.
(b) NewsLifeMedia 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) NewsLifeMedia does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that NewsLifeMedia or the server that makes it available, are free of viruses or bugs.
(d) Liability of NewsLifeMedia, for any breach of a term or condition implied by law is limited at NewsLifeMedia’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify NewsLifeMedia 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 Site.

Liability

News 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 News 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 News for any breach of a term or condition implied by law is limited, at News and its affiliates option, to the supply of any service again or the payment for the cost of having any service supplied again.

Privacy Policy

The Website is operated in accordance with the News Limited Group Privacy Policy

Attention: Magazine Contributors

RE: Recipes currently being published on the Taste.com.au Website (referred to here as the Website).

NewsLifeMedia (referred to here as News) licenses or owns recipes published on the Website.

This notice is to ensure that there are no recipes being published by News on the Website that they do not own or have the license in regard to (referred to here as a Recipe).

Should you identify a Recipe to which you have the right as owner, News requests that you contact the editor of the Website.

This notice dose not apply to recipes where there is an existing license between News and Contributors.

Member names and user information

Taste.com.au encourages the use of usernames (e.g. SuperChef) rather than your actual name, to protect your privacy. We require members to include the following Taste.com.au registration information:

• First name
• Family name
• Email address

Failure to include correct information outlined above will be seen as a breach of the user agreement.

Please refrain from choosing offensive usernames and never post a message under another person's name or pretend to be another person. When commenting on Taste.com.au, your username is the only personal information that is displayed. Your real names and email address will never be displayed publicly unless otherwise specified by you.

The username field is compulsory and must be unique. If the name you select is already in use you will be prompted to choose a different one. You should be aware that your username will be published anywhere you make a contribution to the site.

Important note: Please use careful consideration when choosing your Taste.com.au username, as it will be published on the Taste.com.au website and may be published in any extensions of the Taste.com.au brand or NewsLifeMedia properties.

User ratings, reviews & comments

At the discretion of the Taste.com.au Administrator or Editor, user ratings, reviews & comments may be edited or removed due to foul language, spam posting, inappropriateness, etc. Breeches of this user agreement may result in website users having their membership restricted or deleted without warning.

Taste.com.au may at any time republish user ratings, reviews & comments elsewhere on Taste.com.au or in any extensions of the Taste.com.au brand or NewsLifeMedia properties.

Taste Planner subscription terms and conditions

Last updated: April 1, 2014

Acceptance

Taste Planner is owned by News Life Media Pty Ltd (“NewsLifeMedia”). Your use of, and subscription to, Taste Planner constitutes your agreement to the terms and conditions set out below. These terms and conditions govern your use of your Taste Planner subscription whether by websites, m-sites, applications or other digital services.  You must be a registered member of taste.com.au to have a Taste Planner subscription.

NewsLifeMedia may change any applicable terms and conditions from time to time. If this happens, amendments will be posted on taste.com.au. If you object to changes to any terms or conditions you may cancel your Taste Planner subscription up to 28 days after changes come into effect without accepting the new terms and conditions. If you do not cancel or you use or access any Taste Planner digital media (other than to review the new terms and conditions) within that period you will be deemed to have accepted the new terms. You may email Customer Support at planner@taste.com.au (who will consider your position acting reasonably) if you have reasonable grounds for not having cancelled within the 28-day time limit and still wish to cancel.

A subscription to Taste Planner gives you access to the Taste Planner meal planning tool across all of your devices.

Your Taste Planner subscription will commence immediately on receipt by us of completed subscription details, including payment details. Confirmation of acceptance will be provided to you via your nominated email address.

Each username and password is assigned to a single user. You must ensure that your username and password remain secure and are only shared with the residents of your household i.e. family and friends that live at the same residential address. Your Taste Planner subscription cannot be used with more than seven devices concurrently. You are responsible for all use, activities and charges associated with your username and password. Your username and password are not otherwise transferable.

Your Taste Planner subscription may be used for non-commercial purposes only.

Pricing

The price of the subscription, including where applicable any introductory pricing for a specified period, will be displayed at the time of purchase. All prices include GST unless otherwise specified.

NewsLifeMedia may amend the pricing schedule by giving 28 days prior notice to you. Once new pricing takes affect NewsLifeMedia may alter your automatic payment arrangements accordingly, unless you cancel your subscription.

Information about your current subscription, including its price is available in Taste Planner under My Account or you can email Customer Support at planner@taste.com.au.

Free Trial

The 28 day free trial offer is only available once per person.

Payment and Fees

For tree trials, credit card details are required prior to commencement but no payment is taken until the free trial expires. Payment will only be taken if you do not cancel or give notice that there is to be no automatic rollover to a successive period.

Payments are made up front on a 4 weekly cycle. Payment is taken by NewsLifeMedia on the first day of subscription (or the first day after a free trial expires if one applies) and is taken every 28 days thereafter, until the subscription is cancelled. American Express, Visa and MasterCard are accepted. Payments are processed in real time, if your transaction occurs after 1730hrs (AEST) then it will be settled and reported on the next day.

For the purpose of auto-renewing your Taste Planner subscription, your credit card details are stored in a tokenised, encrypted format.

Auto-renewing subscriptions require payment on the scheduled day of each renewal month. If payment fails, we will attempt to notify you and request that you update your payment details. We will re-attempt payment several times. During this period you will not be able to sign into Taste Planner until payment has been successful.

If you are under the age of 18 you require consent from your parent or guardian and the card holder to authorise charges to be made.

Through this sales platform you can only sign up for yourself. You cannot sign up as a gift for another person.

Cancellation and Termination

You cannot suspend your Taste Planner subscription and, subject to law, refunds are not available.

Your Taste Planner subscription will continue until cancelled by either one of us. You can cancel your Taste Planner subscription by going to My Account in Taste Planner.

Your cancellation request will take effect from the end of the current prepaid billing period (whether that period was for free or otherwise). This means that cancellation will stop future payments but you will have access to Taste Planner until the day of your next payment due date.  You will not receive a pro-rata refund should you cancel midway through a billing cycle.

NewsLifeMedia reserves the right to cancel a Taste Planner subscription:
- without notice or liability if we reasonably determine you have breached any portion of these terms and conditions, in which instances a refund will not
be given; and

- at any other time and where this cancellation occurs before the end of a prepaid subscription period, you will be entitled to a prorated refund for any unused days/months and will be notified by NewsLifeMedia of the reasons for the cancellation.

Cancellation of your Taste Planner subscription does not affect your taste.com.au membership.

Access from outside of Australia and other access issues

You acknowledge and agree that some of our content may not be viewable or accessible from outside of Australia and that there may be other technology or infrastructure related reasons that limit your ability to access our content at any time.

Data downloads

You are responsible for downloads and any costs associated with downloading, including unauthorised access to your account and associated downloads. You acknowledge that anyone that knows your username and password will be able to download and any associated costs or liability are your responsibility.

Data security

NewsLifeMedia strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. No data transmission over the Internet or storage can be guaranteed to be totally secure.

* In following sections marked with the asterisk, a reference to “you” is a reference to you and those members of your household whom you have authorized to use your username and password in accordance with these terms and conditions.

Intellectual Property*

All intellectual property in relation to content on Taste Planner belongs to NewsLifeMedia or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on the Taste Planner is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

You may download and view content or print a copy of material on Taste Planner for personal, non-commercial use provided you do not breach any copyright notices.

All rights not expressly granted under these terms of use are reserved by NewsLifeMedia. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on any Taste Planner without the copyright or trademark owners’ permission.

The logos of Taste Planner, taste.com.au and taste.com.au magazine are trademarks of NewsLifeMedia or its related bodies corporate. Other trademarks may be displayed on Taste Planner from time to time. These may belong to third parties. Nothing displayed on Taste Planner should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on or within those media, without the express written permission of the relevant owner.

Liability & Indemnity*

NewLifeMedia does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL), which cannot be excluded, restricted or modified. However, NewLifeMedia excludes all other rights, remedies, guarantees, conditions and warranties in respect of your Taste Planner subscription, whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to NewLifeMedia’s liabilities and obligations under the ACL:

1. NewLifeMedia and its related entities do not warrant the accuracy of the content on Taste Planner or taste.com.au. 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 Taste Planner or taste.com.au may be changed at the sole discretion of NewLifeMedia and its related entities without notice except that if NewLifeMedia materially changes the content which you access through your Taste Planner subscription so that the breadth or nature of the service you receive is materially altered, NewLifeMedia will take the steps to notify you of those changes, where practicable.
 
2. NewLifeMedia and its related entities 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 Taste Planner subscription or taste.com.au usage.
 
3. NewLifeMedia and its related entities do not warrant that functions contained in Taste Planner or taste.com.au, such as log in or hyperlinks, will be uninterrupted or error free, that defects will be corrected or that NewLifeMedia or the server that makes it available, are free of viruses or bugs.
 
4. You indemnify NewsLifeMedia, its related companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from or in connection with your Taste Planner subscription, any taste.com.au registration, any subscription to our digital services or your use of this site.