Terms and Conditions

Terms & Conditions

Last updated: 27 October 2016

Welcome to our Site. These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.

Use of this Site

1. The Publisher, as set out at the end of these terms (News), is the owner and operator of this Site.

2. Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.

3. News may amend these terms at any time by posting changes on the Site.  If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. News will include on the Site the date on which it last made amendments to these terms.   

Content and functionality of the Site

1. News may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, News will not be liable to any User or to any third party should it exercise such rights.

2. In some circumstances the Site will allow Users to access and download certain content onto your device(s).  Some such content may not be available at all times in the future for subsequent download and News will have no liability to you in such circumstances subject to the remainder of these terms.

Intellectual Property

1. All intellectual property in relation to content on this Site belongs to News or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site 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.

2. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by News. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.

3. The logos of the Site are trademarks of News or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

Liability & Indemnity

1. News 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) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.  News otherwise 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 permitted by law, including the ACL, the following provisions apply. :

   1. News does not warrant the accuracy of the content which you access through this 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 which you access through this Site may be changed at News' sole discretion and without notice.

   2. News 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.

   3. News does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that News or the server that makes it available, are free of viruses or bugs.

2. Where permitted under local law, including the ACL, liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, News cannot limit its liability in this manner if you establish that it would not be fair or reasonable for News to do so.

Third Party Content & Links

1. This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.

2. This Site may include links to third party sites which are not related to News and in relation to which News has no control or interest. The appearance of those links on this Site does not indicate any relationship between News and that third party or any endorsement by News of that third party, its site or the products or services which it is advertising.

Contributing Content

1. When you submit content to News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.

2. News reserves the right not to use the content you submit.

3. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

4. You indemnify News against any and all legal fees, damages and other expenses that may be incurred by News as a result of a breach of the above warranty.

5. You waive any moral rights in your contribution for the purposes of its submission to and use by News in accordance with these terms.

General

1. Users must not use this site for any purpose or in any way which is unlawful.

2. These terms shall be governed by and interpreted in accordance with the laws of the state or territory set out below.  

3. Responsibility for all election comment is taken by the editor at the address set out below.

Site	Publisher	Jurisdiction	Address for editor
theaustralian.com.au & australianit.com.au	Nationwide News Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
news.com.au	News Life Media Pty Ltd	New South Wales	180 Bourke Rd, Alexandria, NSW 2015
dailytelegraph.com.au	Nationwide News Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
heraldsun.com.au	The Herald & Weekly Times Pty Ltd	Victoria	40 City Rd, Southbank, Vic 3006
couriermail.com.au	Queensland Newspapers Pty Ltd.	Queensland	cnr Mayne Road & Campbell St, Bowen Hills, Qld 4006
adelaidenow.com.au	Advertiser Newspapers Pty Limited	South Australia	31 Waymouth St, Adelaide, SA 5000
perthnow.com.au	Nationwide News Pty Ltd	Western Australia	34 Stirling St, Perth, WA 6000
ntnews.com.au	Nationwide News Pty Ltd	Northern Territory	Printers Place, Darwin, NT 0800
themercury.com.au	Davies Brothers Pty Ltd	Tasmania	Level 1, 2 Salamanca Square, Hobart, Tas 7000
townsvillebulletin.com.au	The North Queensland Newspaper Company Pty Ltd	Queensland	198 Ogden St, Townsville, Qld 4810
cairns.com.au	The Cairns Post Pty Ltd	Queensland	22-24 Abbott St, Cairns, Qld 4870
goldcoast.com.au	Gold Coast Publications Pty Ltd	Queensland	385 Southport Nerang Road, Molendinar, Qld 4214
geelongadvertiser.com.au	The Geelong Advertiser Pty Ltd	Victoria	191-195 Ryrie St, Geelong, Vic 3220
weeklytimesnow.com.au	The Herald & Weekly Times Pty Ltd	Victoria	40 City Rd, Southbank, Vic 3006
taste.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
delicious.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
vogue.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
gq.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
kidspot.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
bestrecipes.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
homelife.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
Insideout.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
buro247.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010
primped.com.au	News Life Media Pty Ltd	New South Wales	2 Holt Street, Surry Hills, NSW 2010

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. Please ensure you have read our information on recipe copyright before submitting Content to Best Recipes. Members found to be submitting Content copied from other sites or publications will have their submissions rejected.
2. If you are an existing member of Best Recipes and have previously submitted recipes or other Content to the Website, in return for News continuing to display that Content on the Website, you agree that these terms and conditions apply to that existing Content as well as any new Content that you may submit.
3. News will determine, at its discretion, whether to publish (or remove from the Website) 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.
6. News may edit your Content in its discretion.
7. 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.
8. 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;
(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.

Affiliates

For the purposes of these Terms of Use and the operation of this Website, News' affiliates are News Life Media Pty Limited and other related companies of News.

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.

News 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, News excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Website whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:

(a) News does not warrant the accuracy of the Content on the Website. 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 Website may be changed at News' sole discretion and without notice.
(b) News 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 Website, subject only to paragraph 6(d).
(c) News 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 News or the server that makes it available, are free of viruses or bugs.
(d) Liability of News, for any breach of a term or condition implied by law is limited at News' discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify News 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.

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.

Magazine Contributors

RE: Recipes currently being published on the Bestrecipes.com.au Website (referred to here as the Website).
News (referred to here as News) licenses or owns recipes published on the Website.

Should you identify a Recipe to which you have the right as owner, News requests that you contact help@bestrecipes.com.au.

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

Privacy

For an explanation of our practices and policies related to the collection, use, and storage of users' information, please read our Privacy Policy.

Inappropriate Language and Use

The use of inappropriate or offensive language is not permitted on Best Recipes. Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contains racially, ethnically or otherwise objectionable material of any kind. Topics of discussion that are considered inappropriate on Best Recipes will be deleted without prior notification. Best Recipes reserves the right to ban a user at any time, without notice. 

Best Recipes will not tolerate users expressing forms of bigotry, racism, hatred, or profanity. This includes, but is not limited to, the use of punctuation characters or symbols to simulate swearing. Best Recipes is designed to be accessed by people of all ages, and foul language will not be tolerated.

We encourage every user to treat every other user with mutual respect. Do not use the Best Recipes Website to threaten, harass, stalk, or abuse others participating in any discussion.

Best Recipes does not tolerate disruptive activity online, such as persistent off-colour comments and postings or statements that incite others to violate this user agreement or participate in illegal activities.

If you are in doubt as to whether the Content you wish to post is appropriate, please contact the Administrator who can advise you on the issue. You can contact us via email at help@bestrecipes.com.au. 

Member names and user information

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

First and last name
Valid email address
Username and password

Failure to include correct information outlined above will be seen as a breach of this 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 Best Recipes, 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.

Important note: To avoid spam and unwanted communication you should always exercise judgement when revealing personal information about yourself when you post messages in public forums.

Username: Should you wish to participate on Best Recipes you will need a username to advise people who you are (e.g. SuperChef)

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 Website.

Important note: Please think carefully when choosing your Best Recipes username, as it will be published on the Best Recipes Website and may be published in any extensions of the Best Recipes brand or News properties.

Stay Inside the Law

Best Recipes does not allow any illegal activities on its forum or Website. You cannot use the comments to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.

Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Best Recipes is not responsible for any use of anything you say or post.

Best Recipes does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens and other activities that can be disruptive to online communication.

No Spam - No Selling

Users must not "spam" through Best Recipes. Spamming includes sending identical and/or irrelevant submissions to comments. To spam also includes misrepresenting the source of anything you say or post. Spamming is a serious violation of online etiquette. Users must not use comments as an advertising mechanism under any circumstances. Best Recipes reserves the right to ban users at any time for spamming.

Banning

Please be advised that Best Recipes reserves the right to ban a user at any time, without notice.

You are Responsible

You are responsible and liable for all your activities while participating on Best Recipes. Remember that you are responsible for anything you say or post.

Once a post has been made live on Best Recipes, unless it is brought to one of the moderators attention as being in breach of this user agreement, and is required to be edited or deleted, it is not a service we offer to remove users posts, therefore please consider your post carefully prior to making live.

Best Recipes does not tolerate any argumentative, derogatory or hurtful remarks regarding companies or individuals. Any such remarks should be sent directly to the company or individual concerned and not posted on this forum. Any such remark deemed unacceptable will be edited or deleted without prior notification.

You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgement when evaluating information provided through any comment, remember that the information provided could be from people of any age and experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

Best Recipes is moderated periodically, with any undesirable or inappropriate posts edited or deleted and kept on file. Any user(s) seen to be repeatedly in breach of this user agreement, will have their Best Recipes registration locked without prior warning.

Best Recipes does not and cannot review all information posted to the Website by users and is not responsible for such information. However, Best Recipes reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.

Intellectual Property

The material used in conjunction with the Best Recipes forum and Best Recipes Website may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of News (please email help@bestrecipes.com.au). This clause includes (but is not limited to) recipes, articles and user comments and posts. If the Administrator witnesses such reproduction; then legal action may take place as a result.

When sharing recipes to Best Recipes, please be aware that they must be your own original work and not infringe upon the copyright of any other person or party. Please see our information on copyright.

Recipe User Ratings, Reviews & Comments

This user agreement also applies, where relevant, to the posting of user ratings, reviews & comments on Best Recipes recipes. At the discretion of the Best Recipes 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.

Best Recipes may at any time republish user ratings, reviews & comments elsewhere on Best Recipes or in any extensions of the Best Recipes brand or News properties.

Reporting Undesirable Posts Or Users

To report undesirable posts or to bring to our attention users who may not be following the user agreement, please email admin@bestrecipes.com.au