TERMS AND CONDITIONS FOR BECOMING A MEMBER
AND JUST BROWSING

Date last updated: 28 February 2024

Welcome to The Recipe Kitchen. The specialised recipe resource, helping to feed large numbers of people.

Our Disclosures

In these terms, we also refer to The Recipe Kitchen as 'our', 'we', or 'us'. And you are you!

WHAT ARE THESE TERMS ABOUT?

These terms apply when you use this Website, being https://trk-legacy.local and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you sign up for a membership (Membership) for access to our recipe library and other materials and functionalities available through this Website (collectively, the Content).

If you're looking for our Privacy Policy, which we will comply with and you also agree to be bound by, available here.

HOW DO I READ THESE TERMS?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• PART A: Terms for when you sign up for a Membership (applies to Membership customers)
• PART B: Terms for when you browse and interact with this Website (applies when you browse)
• PART C: Liability and warranties, and interpretation provisions (applies to both Membership customers and browsing)

Please let us know if you have any questions about these terms, and don't continue using this Website or sign up for Membership unless you have read and agree to these terms.

PART A

FOR WHEN YOU SIGN UP FOR A MEMBERSHIP

SUBMITTING AN ORDER

1. By submitting an order for a Membership using the Website's functionality (Order) you represent and warrant that:
   1. you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
   2. you are authorised to use the credit card you provide with your Order.
2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Content you have ordered as part of your Membership in exchange for your payment of the total amount listed upon checkout.
3. This Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order has been accepted.

Your account, our content and licence to content

ACCOUNT

1. To place an Order and to access the Content, you will be required to sign up for a personal account (Account). When you sign up for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
2. You agree that you're solely responsible for:
   1. maintaining the confidentiality and security of your Account information and your password. Do not share your Account information (including login details and passwords) with anyone else; and
   2. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
3. You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
4. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

OUR CONTENT

1. Our Content accessible through your Membership may include, from time to time, access to our recipe library and nutrition and culinary related blog posts (Content Library).
2. We will endeavour to ensure that the Content provided will be substantially the same as the Content described on our Website.
3. While we endeavour to regularly add new Content to the Content Library, we do not guarantee that any new Content or that any particular Content will be added to the Content Library. We do not guarantee that any particular Content will remain accessible in the Content Library, and we reserve the right to remove Content from the Content Library at any time.
4. Once you make payment, you will be granted access to your Content by logging into the Website using your Account details.
5. The Content is to be viewed online through your Account and not downloaded.

LICENCE

1. You are granted a licence to use the Content purchased by you for your own purposes. Each Account must only be used by one person, and you must not give access to your Account to any other person.
   1. Your licence will continue for the period that you maintain a valid Membership and as long as we are in operation as a business.
2. We will only revoke your licence if we suspect that you are misusing the licence, for example by distributing the Content to other people or giving access to your Account to other people.

PAYMENT

PAYMENT GENERALLY

1. All prices are:
   1. as displayed and accepted by you at the time of checkout;
   2. payable at the time of placing an Order; and
   3. subject to change without notice prior to you completing an Order.
2. (Card surcharges) We reserve the right to charge credit card surcharges.
3. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Content, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Stripe's terms are accessible here: Stripe Services Agreement — Australia
4. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you and rectify the error.

FREE TRIAL

1. We may from time to time offer a free trial for limited access to the Content (Free Trial).
2. Your Free Trial will last for the term set out on our Website at the time of placing an Order, and include the Content set out on our Website.
3. The terms of this agreement apply to any Free Trial applicable.

PAYMENT FOR A MEMBERSHIP

1. After your Free Trial (if applicable), you must pay fees to us in the amounts and at the times specified at the time of check-out, on a monthly basis (Membership Fees).
2. All Membership Fees must be paid in advance.
3. We reserve the right, from time to time, to change the Membership Fees. We will notify you in advance if we do this.
4. Membership Fees will be taken using direct debit (DD). If you have signed up for a Membership, you:
   1. authorise direct debit in line with our Payment Provider's separate DD Authorisation Form and any DD Agreement as applicable;
   2. agree to enter into any DD Agreement required by our Payment Provider;
   3. authorise us to charge your credit card in advance in line with any DD Authorisation Form and any DD Agreement;
   4. must ensure that there are sufficient funds available in your credit card to allow our Payment Provider to debit the Fees payable;
   5. acknowledge and agree that there may be additional payments required from the Payment Provider if you miss or fail to make any payment. These terms are separate and in addition to these Terms; and Should be or fail;
   6. acknowledge that we will not pay any chargeback amount if you fail to cancel your Membership in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Membership. We may submit periodic charges for the Membership Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via our Website.

CANCELLATIONS & REFUNDS

CANCELLATION OF YOUR MEMBERSHIP

1. Unless otherwise agreed in writing, the Membership Fees are due and payable on a monthly basis, with the first payment being due on the date immediately following any Trial Period.
2. Your Membership will continue to renew on a monthly basis indefinitely, and you must pay Membership Fees in respect of each monthly period, unless you notify us at least 24 hours before the start of the next month that you want to cancel your Membership. Otherwise, we will continue to debit the Membership Fees from your credit card each month.

REFUNDS

1. Please let us know if you have any issues with our Content that you think should entitle you to a refund and we'll consider your situation, any refunds we issue will be solely at our discretion.
2. We will provide a full refund of the price paid for your Membership if we determine that:
   1. the Content you have ordered or your Account was not accessible by you solely due to a failure by us; or
   2. a Content provided to you was not substantially the same as the Content you ordered as described on our Website.
3. Nothing in this clause 4 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth) and any other law in the relevant jurisdiction.

INTELLECTUAL PROPERTY

1. We retain all Intellectual Property Rights in Our Content. You must not attempt to, mirror, translate, adapt, vary, modify, decipher, decompile, download or otherwise commercialise the Our Content.
2. Nothing in these terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Content.
3. We grant you a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of your valid Membership, to use Our Content that we provide to you, solely for the purposes of which they were developed and for your use.
4. You must not, without our prior written consent:
   1. copy, in whole or in part, any of Our Content;
   2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Content to any third party; or
   3. breach any Intellectual Property Rights connected with the Website, including (without limitation) altering or modifying any of Our Content, causing any of Our Content to be framed or embedded in another website, or creating derivative works from any of Our Content.
   4. This clause will survive the termination or expiry of your Subscriptions

RATINGS AND REVIEWS

1. We may from time to time allow you to provide ratings (Rating) or written feedback (Review) regarding the Content
2. You must provide true, fair and accurate information in a Rating or Review.
3. If we consider that the Rating or Review is untrue, unfair, inaccurate, or the Review is offensive or inappropriate, we may delete the Rating or Review or ban you from posting the Rating or Review. We do not undertake to review each Review made by all users of the Website.
4. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
5. You may only write about your own experience with the Content (Content Experience). Your Content Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
6. Notwithstanding any other provision of this clause 6, we may remove or delete any Rating or Review for any reason.

PUBLISHING PHOTOS ONLINE / ON SOCIAL MEDIA

1. You may publish photos of the Content online or on social media (or both), and we ask that you please provide accreditation to The Recipe Kitchen by reference or hashtag. We reserve the right to require you to remove any posts that feature the Content or remove any accreditation to us.
2. If you provide photos to us of anything you produce as a result of the Content, we may publish those photos online, including on our Website or social media accounts, without any rights of accreditation to you. We may accredit you if appropriate information is provided.

THIRD PARTIES

WP ENGINE

We use a third-party hosting platform, WP Engine, to upload and distribute the Content. By using the Content, you acknowledge and agree that WP Engine's terms & conditions may apply. You agree to WP Engine's terms & conditions, and we will not be liable for any loss or damage suffered by you in connection with such terms.

THIRD PARTY CONTENT

The Content may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

THIRD PARTY LINKS

The Content may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

THIRD PARTY TERMS AND CONDITIONS

By using the Content, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

PART B

FOR WHEN YOU BROWSE THIS WEBSITE

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Content;
3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
5. use the Website with the assistance of any automated scripting tool or software;
6. act in a way that may diminish or adversely impact the reputation of The Recipe Kitchen, including by linking to the Website on any other website; and
7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
   1. gaining unauthorised access to Website accounts or data;
   2. scanning, probing or testing the Website for security vulnerabilities;
   3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
   4. instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
   1. the Website will be free from errors or defects (or both, as the case may be);
   2. the Website will be accessible at all times;
   3. messages sent through the Website will be delivered promptly, or delivered at all;
   4. information you receive or supply through the Website will be secure or confidential; and
   5. any information provided through the Website is accurate or true.
2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

INTELLECTUAL PROPERTY

1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (WebsiteContent) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.
3. You must not breach any Intellectual Property Rights connected with the Website, including (without limitation) altering or modifying any of the Website Content, causing any of the Website Content to be framed or embedded in another website, or creating derivative works from any of the Website Content.

THIRD PARTY TERMS AND CONDITIONS

1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
2. You agree to any Third Party Terms applicable to any third party goods and services (Third Party Inputs), and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

LINKS TO OTHER WEBSITES

1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY HOSTING

1. This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
2. To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us through the contact form accessible in the Contact section of the Website.

PART C

DISCLAIMERS, LIABILITY AND OTHER LEGAL TERMS

DISCLAIMERS

1. While we endeavour to ensure that all nutritional information in the Content or on the Website is correct, we make no representations or guarantees that the nutritional information will always be accurate, correct, complete or up-to-date. It is your responsibility to verify the nutritional information and food allergens contained in the Content are correct and meet your or your clients' dietary requirements.
2. We are not medical professionals and do not provide medical or nutritional advice. Any information included in the Content is not a substitute for medical advice and we recommend seeking professional medical or nutritional advice before relying on any information contained in the Content.
3. We do not guarantee that the Content will lead to specific outcomes or results, as individual results are based on a large variety of factors including ingredients, preparation methods, equipment used and cooking methods. We recommend following the applicable recipe as closely as possible for best results.
4. The production quantity (yield) required from a recipe will vary depending on your specific requirements. Once you have scaled a recipe, we recommend testing it for its intended purpose to ensure that it meets your portion number and portion sizing requirements.
5. Any information provided to you as part of or in connection with the Content or Website is general in nature and may not be suitable for your circumstances. We do not guarantee the accuracy, correctness or completeness of any information provided in the Content.

LIABILITY

1. Despite anything to the contrary, to the maximum extent permitted by law:
   1. we will not be liable for Consequential Loss;
   2. our liability for any Liability under these terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your Personnel); and
   3. our aggregate liability for any Liability arising from or in connection with these terms will be limited to us repaying you the amount of the Price paid by you to us.
2. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
   1. your or your Personnel's acts or omissions;
   2. any use or application of the Website by a person or entity other than you, or other than as reasonably contemplated by these terms;
   3. any materials or items which do not form part of the Website (as expressed in these terms), or which have not been provided by us;
   4. any Third Party Inputs;
   5. the Website being unavailable, or any delay in us providing the Website to you, for whatever reason; and/or
   6. any event outside of our reasonable control.
3. This clause will survive the termination of your Account.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

FORCE MAJEURE

To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.

DISPUTES

A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

INTERPRETATION

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (these terms) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word 'includes' and similar words in any form is not a word of limitation; and
10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
11. (Consequential Loss) includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
12. (Liability) means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
13. (Intellectual Property) means any copyright, registered or unregistered designs or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
14. (Intellectual Property Rights) means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

NOTICES

1. A notice or other communication to a party under this agreement must be:
   1. in writing and in English; and
   2. delivered via email to the other party to the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement and for notices to us, initally through the contact form accessible in the Contact section of the Website. The parties may update their Email Address by notice to the other party.
2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
   1. 24 hours after the email was sent; or
   2. when replied to by the other party,
   3. whichever is earlier.