Terms of Service

1. ACCEPTANCE OF TERMS Create a Cookbook Pty Ltd– ABN 421 5164 8154 provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You agree to be bound by these terms and conditions. In addition, when using particular Create a Cookbook Pty Ltd services, you may be subject to additional posted guidelines or rules applicable to our partners or affiliates, or specific to such services which may be posted on our site or on the sites of our partners or affiliates, from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.

2. USE OF SERVICE Create a Cookbook Pty Ltd currently provides users with access to a collection of template designs and printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new Create a Cookbook Pty Ltd features, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that Create a Cookbook Pty Ltd assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.

3. CUSTOMER CONTENT You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated unless provided by Create a Cookbook Pty Ltd. This means that you, and not Create a Cookbook Pty Ltd, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the email. Upon purchasing the Step by Step Program, you must book the layout of the book allowing 5 weeks for printing, 1 week for graphic layout and allow extra time to make last changes before print. Note once layout is complete, you can request changes to the layout. If the changes are to the recipe pages, update them in the Master Recipe Template and these will be updated by Create a Cookbook Pty Ltd.

You acknowledge that Create a Cookbook Pty Ltd does not pre-screen Content. You further acknowledge and agree that Create a Cookbook Pty Ltd may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Create a Cookbook Pty Ltd.

4. INDEMNITY You agree to indemnify and hold Create a Cookbook Pty Ltd, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys" fees, made by any third party due to or arising out of Content you submit, post to or transmit through the email, your use of Create a Cookbook Pty Ltd Services, your violation of the TOS, or your violation of the rights of a third party.

5. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Step by Step Program, Customer Service, use of our Services and any templates, food images supplied by Create a Cookbook Pty Ltd.

6. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Create a Cookbook Pty Ltd may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, and the maximum disk space that will be allotted on Create a Cookbook’s servers for Customer use. You agree that Create a Cookbook Pty Ltd has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to Create a Cookbook Pty Ltd. You acknowledge that Create a
Cookbook Pty Ltd reserves the right to delete Content stored on Create a Cookbook hard drive which is inactive for an extended period of time. You further acknowledge that Create a Cookbook reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.

7. PERSONAL IMAGES POLICY Create a Cookbook's policy is that we allow the use of personal images throughout the cookbook produced, however, we do not allow pesonal images to be featured on the cover. However, we will consider a cover image to be used if the image has been styled and photographed by a professional stylist and photographer.

8. DELIVERY & PRINTING POLICY Create a Cookbook’s standard turnaround for delivery of books is 5 weeks – after final layout, approval is needed by the customer by email. However, we can only estimate delivery time but do not guarantee delivery. Printing delays need to be factored in due to unforseen circumstances. Create a Cookbook will advise the customer should any printing delays occur. Upon delivery of products, you shall check all products within 7 days of receipt of products. It is the responsibility and ownership of you to confirm quantities of products delivered. All books are to be checked for missing pages, loose pages or misplaced pages, correct positioning prior to any distribution or sales of products. A Printed Approval Letter (enclosed in Step by Step Program) of delivery and quality is to be signed by you once all books are checked. Once Create a Cookbook has received the signed Printed Approval Letter, all books can be distributed accordingly. You must complete The Printed Approval Letter for the quantities that are correct and ready for distribution. If the Printing Approval Letter is not received by the end of 7 days, Create a Cookbook will deem that the quantity of books delivered are correct and that the books have no printing issues. You MUST not under any conditions distribute the books until ALL books have been checked. We cannot exchange books that have already been distributed.

9. FAULTY PRODUCT POLICY In the event of faulty books, you must advise Create a Cookbook in writing of quantities and details of faults. Create a Cookbook will arrange for collection of faulty books to be delivered to Create a Cookbook. Create a Cookbook will check all books for the faults detailed and will deem if this is true and concise. All faulty books will be replaced. Create a Cookbook does not refund only replace. All replacements will be distributed within 30 days. Create a Cookbook incurs all delivery fees for faulty books only.

10. TRADEMARK INFORMATION Create a Cookbook are trademarks of Create a Cookbook. You shall not display or use in any manner, the Create a Cookbook Trademarks, without Create a Cookbook ‘s prior written permission. All other brand and product names found on the Create a Cookbook site are considered trademarks or registered trademarks of their respective companies. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Create a Cookbook website. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.

11. COPYRIGHT INFRINGEMENT Create a Cookbook respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Create a Cookbook ‘s General Counsel the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. FEES & CANCELLATION FEES A 50% non-refundable deposit is required before Production layout commences. If you choose to cancel after this point, no further invoices will be issued. (a) An invoice will be provided for the remaining 50% and is due prior to delivery of books. No cancellations or refunds after this point is accepted.

13. GENERAL INFORMATION The TOS constitute the entire agreement between you and Create a Cookbook and govern your use of our Service, supersedes any prior agreements between you and Create a Cookbook. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These TOS and the relationship between you and Create a Cookbook shall be governed by the laws of Australia, without regard to its conflict of law provisions. You and Create a Cookbook agree to submit to the personal and exclusive jurisdiction of the courts located within the Sydney, NSW. The failure of Create a Cookbook to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

14. PROOF READING As outlined in the “Step by Program” it states that in order for us to accept the Master Recipe Template, that you have Proof read the document to the point that it is finished and complete. If you require Create a Cookbook to make any minor changes after completion of layout, you have the opportunity to do so ONCE only. Any changes that need to be made to recipes need to be made by the customer in the Master Recipe Template and emailed to Create a Cookbook. Any further requests to Create a Cookbook for further changes thereafter, you do so at your own risk as Create a Cookbook does not accept responsibility after Create a Cookbook has successfully completed the changes requested by you to Create a Cookbook. Before layout commences, please ensure that you detail all extra requests in the spreadsheet provided. If Create a Cookbook does not understand your request, Create a Cookbook will ask you to update and further explain in detail. If Create a Cookbook has misunderstood a request by you after layout has been created, this is where you have the one opportunity to let Create a Cookbook know exactly what you need to be changed. We strongly advise that you take time to ensure that you have detailed ALL changes once layout has been made, as thereafter, any further changes made cannot be guaranteed by Create a Cookbook.

15. CHANGES TO FINAL PRODUCT BEFORE GOING TO PRINT. As outlined in section 13. Create a Cookbook only accepts one round of changes requested by you to the layout of the book prior to printing approval by you. IMPORTANT NOTICE: If you request more than ONE round of changes to the book, any changes thereafter made by Create a Cookbook cannot be guaranteed. There is an element of risk the more changes you request to be made in the book. Therefore if you require any additional changes to the book in addition to the TOS outlined, Create a Cookbook will, to the best of their ability attempt to successfully make any additional changes as requested but cannot guarantee every single change prior to the final product.

16. BOOKING IN LAYOUT. Once you have purchased the Step by Step Program, it is up to the customer to book a “Job Time Slot” for Graphic Layout which takes one week by Create a Cookbook. In order to calculate your Launch Date you need to take into account 1 week for layout, 1 week for final approval and 5 weeks for printing. The book will not go to print until we receive a final approval email. Create a Cookbook can be reached as follows: www.createacookbook.com.au, email: info@createacookbook.com.au Phone +61 2 9011 6138. Business opening hours are 9am to 5pm, Monday to Friday, with the exception of NSW Public Holidays and shutdown from 24^th December and reopens last Monday in January.

17. ALLIANZ SPONSORSHIP INITIATIVE. Allanz Insurance are offering public, catholic and private schools around Australia, with the exception of North of Perth WA, NT and North of Noosa Qld the chance to be sponsored by Allianz for the cookbook packages supplied by Create a Cookbook for a limited time. Allianz have agreed to sponsor 50% of the cost of any "cookbook packages" supplied by Create a Cookbook up to the value of $7,500. The terms of this promotion are as follows: This offer is open throughout 2012 and closing date to receive offer Create a Cookbook must send final artwork by 24^th December 2012. Order is minimum of 500+ cookbooks. To display Allianz sponsorship logo (supplied by Allianz) in each newsletter during the duration of the project. To display the Allianz ad (supplied by Allianz) on the back of the cookbooks ordered. Incorporate a "thank you" message for the Allianz sponsorship into the cookbook foreword. To display the Allianz logo on the personalised templates (Recipe Request Form, Pre-Order Form, Flyers and A4, A3 and A2 Posters) supplied by Create a Cookbook as part of the Step by Step Program.