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1. ACCEPTANCE OF TERMS Create a Cookbook – ABN 52 509 119 791 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 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 currently provides users with access to a large 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 features, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that Create a Cookbook 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. This means that you, and not Create a Cookbook, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the email. Upon purchasing the Step by Step Package, you must book the layout of the book allowing 5 weeks for printing, 2 weeks for graphic layout and allow extra time to make last changes plus 2 days for Create a Cookbook to implement final changes before print. Note once layout is complete on one round of changes is allowed before going to print unless it is the fault of Create a Cookbook. You acknowledge that Create a Cookbook does not pre-screen Content. You further acknowledge and agree that Create a Cookbook 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.
4. INDEMNITY You agree to indemnify and hold Create a Cookbook, 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 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 Package, Customer Service, use of our Services and any templates, food images supplied by Create a Cookbook.
6. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Create a Cookbook 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 has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to Create a Cookbook. You acknowledge that Create a Cookbook reserves the right to delete Content stored on Create a Cookbook disks 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. DELIVERY POLICY 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 Package) 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. A delivery fee will be on the tax invoice subject to location in Australia.
8. 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.
9. 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.
10. 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 books printed. No cancellations or refunds after this point is accepted. 12. 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 Australian, 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 endeavour to 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.
13. RESPONSIBILITY It is your responsibility to ensure that all DATA given to Create a Cookbook is true, correct and free from errors and misplacements. Create a Cookbook once in receipt of “Letter of Final Approval” will not accept responsibility or liability of errors and misplacements in the final product. The original “Letter of Final Approval” will become the property of Create a Cookbook and any other disc, USB Keys or emails. If the Printing Approval Letter is not received by the end of seven days, Create a Cookbook will deem that the quantity of books delivered are correct and that the books themselves have no problems and are ready for distribution. Create a Cookbook can be reached as follows: www.createacookbook.com.au, email: info@createacookbook.com.au Mobile: 0410 051 324 |