Terms and Conditions
Welcome to createcookbooks.com.au & createcookbooks.au, the website and online service of Create a Cookbook Pty Ltd (“createcookbooks.com, “we”, “us” and “our”) ABN 421 5164 8154, New South Wales, Australia. This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the createcookbooks.com Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”). This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto:
Disclaimer
Createcookbooks.com is a self-publishing cookbook company. Once the User chooses a plan and signs up via the createcookbooks.com website, the User has access to the services provided by createcookbooks.com. The User can purchase templates and printed books.
Createcookbooks.com reserves the right not to do business with any User that does not comply with these agreements, and/or to cancel Users’ accounts that do not comply with these agreements.
Disclaimer of warranty, limits of liability and indemnity
Createcookbooks.com is not liable to the User for any loss you suffer in connection with your access or use of the website or any third parties services that we use.
To the extent permitted by applicable law, we disclaim any and all implied warranties or conditions, including any implied warranty of title, non‐infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of the User’s particular needs. No employee, agent, dealer or distributor of ours is authorised to modify this limited warranty or to make any additional warranties.
Where legislation implies in these Terms and Conditions any condition or warranty that legislation prohibits a contract excluding liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms and Conditions. However, our entire liability and the User’s exclusive remedy for breach of such condition or warranty shall be limited, at our option, to replace the product or service that does not meet the warranty or condition. In no event will we be liable to the User for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use of the site or our services (even if we or the authorised dealer or distributor have been advised of the possibility of these damages), or for any claim by any other party?
If the User breaches these Terms and Conditions they agree to fully indemnify us for any loss we suffer. This Site is an Australian website and our access to and use of the Site is subject to the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that state. The User must ensure that their access to the Site is legal by the laws that apply to them.
Third Parties
Createcookbooks.com uses third parties to provide essential services on our site or for our business processes. We may share the User’s details as necessary for the third party to provide that service. These third parties are prohibited from using the User’s personally identifiable information for any other purpose.
Intellectual property and copyright
Createcookbooks.com respects the intellectual property of others and asks and expects that Users do the same. All aspects of our website are copyrighted and are strictly for personal use only within the createcookbooks.com account. There is no part of our website that can be shared or used commercially without our permission.
Termination: createcookbooks.com may, as appropriate and at their total discretion, terminate the User's privileges who violate the provisions of the agreements, including any activity that repeatedly infringes on the intellectual property of others and createcookbooks.com.
We encourage any createcookbooks.com User to notify us immediately if they have reason to believe that any material on the createcookbooks.com website or a cookbook created by createcookbooks.com is on the intellectual property rights of another. When we become aware of such violations and after we validate that the notification received fulfils the requirements set forth below, we will act immediately and remove the material in question as further described in the Terms and Conditions. If so, legal action will be taken by Create a Cookbook Pty Ltd.
If the User believes that their work is being copied, or used in any way that constitutes copyright infringement (whether on the createcookbooks.com website or in a book created by createcookbooks.com) please provide our Copyright Agent with the following information:
The User represents that the Content that they provide to createcookbooks.com for the cookbook(s) produced hereunder shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right with authorisation, or (b) that is defamatory, trade libellous, unlawfully threatening or harassing, pornography, obscene or harmful to minors, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising.
Createcookbooks.com reserves the right to refuse to print any cookbook that contains content that it determines in its sole discretion breaches any of the representations and warranties and covenants set forth above, and the User agrees to indemnify and hold createcookbooks.com and its subsidiaries, affiliates, officers, employees, suppliers, service providers and Partner Companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of these sections.
Copyright
Owner of content
All content provided by the User to Create a Cookbook Pty Ltd, the User does so in the full knowledge that the material it submits is permissible as per the “intellectual Property” condition above. The User is fully responsible for all content printed and createcookbooks.com receives the content in good faith that there is no infringement of copyright and Create a Cookbook Pty Ltd is in no way held responsible.
Unless specifically stated otherwise, all components of final printed cookbooks supplied by Create a Cookbook Pty Ltd including additional copy, graphics, photos etc. are protected by copyright and other intellectual property rights are owned by createcookbooks.com.
All personal images, recipes and other text supplied by the User in the final printed cookbook remains the “intellectual property” of the User. However, the User agrees that createcookbooks.com can use any part of their cookbook for marketing and promotional purposes. Otherwise, createcookbooks.com needs to be informed in writing.
The User may not modify, copy, reproduce, transmit or distribute the content without createcookbooks.com’s prior consent.
Guide to copyright on recipes
The recipe title should be unique to the author who is submitting the recipe. Ingredients are not deemed as creative but technical and therefore there is no copyright issue. However, the recipe method is deemed as creative writing and therefore copyrighted. The method needs to be written in the author’s own words describing how they made the recipe.
If a User is creating a cookbook using the services ofcreatecookbooks.com and invites contributors to submit their recipes through the online form that createcookbooks.com supplies, the User receives these recipes in good faith that they are their own recipes after notifying the contributor of copyright as per these terms and conditions. The contributor can include that the recipe was inspired by another author, as long as the contributor does not submit the other author’s recipe but changes the recipe’s method the way they would create it.
The User can add a disclaimer at the back of their book. “Our cookbook features a collection of recipes submitted by contributors and is received in good faith and waives any claim to intellectual property in the recipes published in any other publication, if so, then the similarity is coincidental.
Security Policy
Createcookbooks.com accepts payment for sample cookbooks and signs up via a third party “Stripe”. All other payments are made via “Stripe” or “direct deposit” into our account.
Indemnification
The User agrees to indemnify and hold createcookbooks.com harmless from, and against, all claims, expenses or liability asserted against createcookbooks.com arising out of or in connection with any breach of any of the terms of this Agreement.
Jurisdiction
This agreement constitutes the entire agreement between the User and createcookbooks.com regarding its subject matter. Should any provision of this agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this agreement will be construed to most closely give effect to the party’s intention. Failure by createcookbooks.com to enforce any provision of this agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this agreement shall be governed according to international treaty provisions and other applicable laws. We reserve the right to disclose the User’s personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served.
Packages
The Starter package is free, and premium templates are an additional cost. The Premium package is a one-off paid package and is refunded when you print 5+ books. The Community package is a one-off paid package and is refunded when you print 50+ books. Paid packages are a one-time sign-up, with a lifetime membership and no subscriptions ever. There is a cooling-off period for the Premium and Community of 30 days if the User decides not to continue using createcookbooks.com services. The refund will be the amount they paid when they signed up. However, if the User uses a token for one of our premium templates on the Premium or Community plan, then there is no refund even if they used the token within the 30-day cooling-off period.
Once the User places an order for printed books, payment is required in full before printing commences. If the User signed up for the Premium package and prints 5+ or more books, a discount is applied at the time the User places their order for the total amount that they signed up for. If the User signed up for the Community plan and prints 50 or more books, a discount is applied at the time the User places their order for the total amount that they signed up for. If the User signed up on a discount rate, then this amount is applied on the final invoice if they meet the criteria of ordering 5+ books on the premium plan and 50+ books on the Community plan. Users on the Premium or Community plan, as part of their package, after placing their order and payment is processed will receive a final check for their book from a member of our design team. The team member will check the User’s artwork making sure all text is within the safety margin area. They will rectify alignment issues, check the contrast of personal images, insert an index if blank pages are provided, check the content page numbers and convert any low-resolution images to high res if any images from our photo library are used. Our design team does not edit text. This is the responsibility of the User. Our team will generate a flipbook in the Users’ account for them to do a final check. The User can make further changes to their layout and generate a flipbook until they are 100% satisfied. All layout edits are made by our design team, thereafter it is the responsibility of the User to check their cookbook before signing off. Create Cookbooks is not responsible for the layout of the User’s cookbook. A sign-off agreement form is provided and the User adds the date and time of the flipbook at the time they sign off.
Return policy and distribution
Small print run (less than 200). Every precaution is taken to make sure that every cookbook delivered is of the best quality. However, on rare occasions, a faulty cookbook(s) may occur through printing or transit. Createcookbooks.com requires all Users to check their cookbooks prior to distribution. The printer strictly provides 48 hours from the delivery date for the User to check their book(s). Thereafter, with the exception of "anomalies" which are not regarded as faults, books can only be sold and distributed after inspection is complete. If the User distributes prior to the resolution of faulty books, createcookbooks.com does not accept any responsibility and the replacement is null and void. On the off chance that the User has received faulty cookbooks, it is important that you contact createcookbooks.com within 48 hours of receipt. createcookbooks.com does not provide extra printed copies for digital printing. If the User has received any damaged or faulty books then the User is required to send a photo of proof of the damage for ALL the books that have a fault as well as a detailed description. If the User has received their book(s) that have been damaged through transit, the User is required to send photos of the packaging. createcookbooks.com will take immediate action to make things right and organise replacement cookbooks. However, on a case-by-case basis, createcookbooks.com may organise pick up of the faulty cookbooks for inspection. Createcookbooks.com only replaces faulty cookbooks and does not refund.
Bulk printing (200+). Every precaution is taken to make sure that every cookbook delivered is of the best quality. However, on rare occasions, a faulty cookbook(s) may occur through printing or transit. createcookbooks.com requires all Users to check their cookbooks prior to distribution. The printer strictly provides 7 days from the delivery date for the User to check all books. Thereafter, with the exception of "anomalies" which are not regarded as faults, books can only be sold and distributed after inspection is complete. If the User distributes prior to the resolution of faulty books, createcookbooks.com does not accept any responsibility and the replacement is null and void. On the off chance that the User has received one or more faulty cookbooks, it is important that you contact createcookbooks.com within 7 days of receipt. Createcookbooks.com may provide extra printed books to cover any unforeseen faults or transit damage. If the User has received any damaged or faulty books above the extra printed books provided, then the User is required to send a photo of proof of the damage or fault as well as a detailed description. Createcookbooks.com will take immediate action to make things right and organise replacement cookbooks. However, on a case-by-case basis, createcookbooks.com may organise pick up of the faulty cookbooks for inspection. createcookbooks.com only replaces faulty cookbooks and does not refund.
Anomalies with printed cookbooks are not accepted as faulty books. While we endeavour to print “perfect” books, sometimes “anomalies” can happen. A few examples of "anomalies" include; a slight bleed of ink onto an adjacent page; spine-end smudges or imperfections; a minor bubble on the cover and the odd corner page curl etc. createcookbooks.com will determine if it is an anomaly, a printing fault or transit damage. With the exception that the User’s printed book(s) arrive(s) damaged or with a manufacturing or workmanship defect, createcookbooks.com does not agree to reprint or replace any cookbook if they have been damaged after delivery, or if any attempt has been made to alter the product, if they have been dropped or broken after delivery has been made or if the books have already been distributed.
Printing books
Please note that images on your computer screen are much more vibrant than in the final printed product. If the User is concerned about the final outcome they can order a single cookbook (costs as per the createcookbooks.com pricing calculator) prior to larger print orders.
All books are printed using a 4 colour process called CMYK. CMYK stands for Cyan, Magenta, and Yellow and the K is Black. The cover is laminated which can cause the cover image to become a little less vibrant, darker etc. than what is on the User’s computer screen.
The printer works very hard to keep the product as consistent as possible and to the highest quality, on rare occasions, there might be variances in colour fidelity in the final product. This variation is a normal occurrence and is not considered a manufacturing defect in workmanship and does not qualify for a reprint. The quality of the print also depends on the images supplied and fonts colours used.
Personal images
The User can use as many personal images as they like in their cookbook. Please note that createcookbooks.com is not responsible for any images becoming corrupt or lost and it is the User’s responsibility to make sure that they keep a copy of all personal images and not to rely solely on keeping the original copy in the Google Drive account.
For all personal images the User decides to feature in their cookbook, createcookbooks.com recommends the following guidelines in order to achieve the best possible quality in the final printed cookbook. (1) If the image is a photo, check that it’s bright with good contrast. If possible, convert the photo image to CMYK. For bulk printing 200+ you can also convert the printer setting to FOGRA39 to achieve the best possible colour print. The two image formats that can be added to your cookbook are JPG and PNG files. To achieve the best quality resolution (and reduce the risk of pixelation in the final printed book) we recommend that the User save the photo(s) to the highest resolution possible (300dpi). If the personal images are supplied in RGB format, images will automatically be converted to CMYK. Createcookbooks.com is in no way responsible for the final printed quality of any images or font styles used.
The User has the opportunity to view their final book prior to printing. The User can check images by zooming in at around 200% inside their template to check if any images appear distorted, out of focus, pixelated or grainy.
Final print quality
CreateCookbooks is not responsible for the final quality of images in printed books. This includes both personal & any used from the Create Cookbook s' library. If you are planning to print a large quantity of 200+ as section-sewn and want to check the quality of your images in print, you can opt to print a single printed book. A single book or small quantities are printed on a different printer compared to books printed in larger quantities of 200+. The colours do not 100% match between both printing types.
Editing & proof-reading recipes
Createcookbooks.com does not offer the service of editing and proofreading recipes. This is the responsibility of the User. This is to keep the cost of producing cookbooks to a minimum. Once the User signs off, they are confident that all the recipes, submitted to us have been fully edited. Upon request an index is generated by Create Cookbooks, however, it is the responsibility of the User to check the index before signing off.
The Photo image library (PIL)
Please read the following terms and conditions outlining the use of the Photo image library (PIL). The User’s acceptance of these terms is an absolute condition of their use of createcookbooks.com (PIL) and forms a legal agreement between the User and createcookbooks.com. By accessing any service or part thereof under the createcookbooks.com domain, the User agrees and is bound by the terms of this agreement.
Ownership of the (PIL)
All images from our library are the intellectual property of Create a Cookbook Pty Ltd. All images are free of charge. Images are licensed to createcookbooks.com and all Users agree to the terms of this license agreement as outlined.
The User agrees to the terms and conditions outlined in the copyright of these images. Any images used by the User will be terminated automatically without notice from createcookbooks.com if they fail to comply with any provisions of this agreement. Createcookbooks.com is not held responsible for any images that the User uses in their cookbook.
Limited Warranty of the (PIL)
Createcookbooks.com represents that it has the right to enter into this agreement and has the right to grant this License under these terms.
Except as provided above, the image(s), is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Createcookbooks.com does not warrant that the image(s) will meet the User’s requirements or that its use will be uninterrupted or error-free. The entire risk as to the quality and performance of the image(s) is with the User in the final printed product. The User represents warrants and covenants that: they will not use the images in any way that is not permitted by this Agreement or any other relevant licensing agreements.
The use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity.
No Monetary Damages: Under no circumstances whatsoever will createcookbooks.com be liable to the User for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if createcookbooks.com has been advised of the possibility of such damages, or for any claim by any other party.
Createcookbooks.com Photo Library
Createcookbooks.com provides an invitation via Google Drive to access the photo library. All food images featured in this library are low-resolution with a watermark. However, in the final cookbook, images are converted by us to high-resolution quality. When the User inspects their final template, the User can check if the quality is satisfactory before signing off. Createcookbooks.com has taken every care to check the colour balance, brightness and overall quality of all our images, however anyone choosing to use images from the createcookbooks.com library, the User does so at their own risk with the final quality printed cookbook. All users have access to our standard library and there is no limit to the number of images you can feature in your cookbook.
Sign off agreement
Once the User has paid for the cookbooks in full, fill in the sign-off agreement, and the artwork has been sent to the printer, createcookbooks.com cannot cancel the order, change or refund thereafter. It is the responsibility of the User to check all pages in their flipbook before signing off.
Printing, delivery and turnaround time
Our price guide is subject to change without notice. We recommend that the User request a quote to lock in a price if they need pre-approval for their project. This only applies to print runs of 200 or more. However, a maximum of 30 days is given for each quote.
Please note that when the User signs off on the final cookbook, createcookbooks.com takes every care to use the format as outlined by the printer for the maximum colour finish. Createcookbooks.com uses computers that are calibrated. The final printed product may look slightly different to what you have viewed on your computer screen. This is normal due to everyone’s computer having different calibration settings. The final PDF on screen is always much brighter than the final printed copy.
Printing and delivery turnaround times are approximate only. To view printing and production turnaround time refer to the Production timeline calculator via the pricing calculator. Once you have selected a price, you can then proceed with the Production Timeline to work out how long your book will take to print and deliver.
Printing prices for offshore include sea freight. The User can request to upgrade to airfreight and createcookbooks.com can provide a quote.
Ocean freight
If you opted to have your books shipped via ocean freight, once the shipment arrives at the nearest CBD seaport nearest to the User’s location, we will send the User details of collection including weight and dimensions, and shipment number. It takes around a week for the shipment to clear through customs.
If the User needs to receive their cookbooks by a certain date, createcookbooks.com suggests that the User should work out when they need to send their final signed-off cookbook to createcookbooks.com to be printed. Shipping time is only approx. and not exact, and the User should factor in extra time for any unforeseen delays. Delays can be a variety of reasons including misprinting and therefore the books have to be reprinted. Delays can also be due to weather conditions out at sea, congestion at the port, customs delays, delay in leaving and arriving in the Port and also delays with the ship being able to dock due to congestion. Delays can also be with road freight from the port to the delivery address. Depending on how far you are located from the nearest Sea port (CBD) will play a major factor in determining how long it will take for delivery of the books. Createcookbooks.com is in no way responsible for any delayed shipments.
Reprints
Reprint prices are as per the latest price list from createcookbooks.com. It is better to print more with the first print run as the cost is much less than doing a reprint.
Submissions
The User acknowledges that createcookbooks.com has no obligation to review the content that they provide, but that createcookbooks.com reserves the right to withhold, remove and/or discard User content in accordance with the current User Content Policies and Terms and Conditions, as posted on the Website, maintain the electronic files for any cookbook to fulfil any future orders which may be placed by the User for a such cookbook(s) and maintain an archival copy of the printed cookbook.
Createcookbooks.com reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
Legal Deposit
The State Library of New South Wales (Library ABN: 19 665 924 597) requests under the Legal Deposit Provision of the New South Wales Copyright Act, that they are entitled to receive from the publisher (Create a Cookbook Pty Ltd) without charge, one deposited copy of every work published in New South Wales. We are also required to provide one book to the National Library in Canberra ACT, Australia. This applies to all books printed with or without an ISBN number. New editions of previously published works should also be deposited. The deposited copy is required to be the best available version of the work. For example, where a publication is in both hardback and paperback the Library should be supplied with a hardback version. In all circumstances, the State Library prefers the printed version of the title rather than the CD version. Works deposited under the Act are permanently preserved in the Library and form part of the documentary heritage of New South Wales.
Create a Cookbook Pty Ltd statement
Create a Cookbook Pty Ltd (“createacookbook.com.au” “createcookbooks.com” is a company that offers small print runs for those wishing to produce a cookbook as a gift, memento, commemoration or fundraiser. If the User decides to use our services, then they do so at their own risk and we are not held responsible for the final outcome unless the books are damaged or faulty, upon which we will liaise with the User to replace them.