1. LEGAL RELATIONS
These Terms & Conditions are intended to create a legally binding
agreement between the parties under the terms set out herein.
2. INTERPRETATION
In these Terms & Conditions:
(a) “Us” and "We" means Bupo Pty Ltd (ACN 124 558 309) trading as Plancookeat.com of 8 Egret Court, Lara, Victoria 3212, Australia.
(b) "Web Site" means the Internet web site operated by Us and located at http://www.plancookeat.com.
(c) “You” means the person interacting with our Web Site in order to view and agree to these Terms & Conditions.
3. REGISTRATION
(a) You must register in order to be entitled to use and/or post material on the Web Site.
(b) In order to register, You must provide Us with certain personal information that We request from You.
(c) Registration does not create any property rights or any right to use or post material on the Web Site.
(d) You are solely responsible for safeguarding your log-in name and password. You are responsible and liable for any other person using your log-in name and password to use the Web Site, and the provisions of these Terms & Conditions (including clause 6(f)) will apply to such use as if the use was made by You.
(e) You must notify us immediately if your log-in name and password are misused or become disclosed, so that We can provide you with a different password.
4. FREE TRIAL PERIOD
(a) Upon registration, We may in our absolute discretion allow You to use the Web Site for a free trial period.
(b) You may decline to take up the free trial and instead elect to take a paid subscription.
(c) If We allow You to use the Web Site for a free trial period, then in our absolute discretion We may:(i) determine the length of the free trial period;
(ii) terminate or suspend the free trial period at any time without any reason;
(iii) restrict your use of the Web Site during the trial period.
5. PAID SUBSCRIPTION PERIOD
(a) Upon, or at any time after, registration, You may apply for a paid subscription to the Web Site.
(b) We may in our absolute discretion accept or decline your application for a paid subscription, and determine:(i) the subscription period;
(ii) the subscription fee; and
(iii) the means by which you may pay the subscription fee.(c) If we accept your application, you may take up the paid subscription by paying the subscription fee in advance.
(d) Your paid subscription will take effect once we receive payment of the subscription fee from You. If we allow you to pay the subscription fee by:(i) cheque, payment will not be received until the cheque has cleared;
(ii) international bank draft, payment will not be received until the bank draft has cleared, and the paid amount includes in addition to the subscription fee an amount equal to the amount of any fees or processing charges incurred by Us in banking the bank draft.(e) At the end of the paid subscription period, you will need to apply for a new paid subscription. Your paid subscription will not be automatically renewed, and if you paid for your original paid subscription by credit card we will not charge your credit card again.
(f) We may suspend or terminate your paid subscription if we reasonably believe you to have breached these Terms and Conditions. In this case, the subscription fee is not refundable.
(g) Once payment has been processed, no refunds are provided.
6. USE AND POSTINGS
(a) In relation to material on the Web Site, you may:
(i) print the material;
(ii) download and save the material in an electronic form, and print such material later;
(iii) cook from any recipes contained on the Web Site, including cooking for a commercial purpose.(b) In relation to material on the Web Site, you may not:
(i) load the material onto another website;
(ii) post the material in an Internet newsgroup;
(iii) submit the material for the purpose of publication;
(iv) reproduce or distribute the material in any way not expressly permitted in subclause (a);(c) In posting material onto the Web Site onto the Web Site, You must not:
(i) upload, post or send any defamatory, pornographic, discriminatory, offensive or illegal material;
(ii) upload, post or send any material that breaches third party intellectual property rights;
(iii) upload, post or send commercial or advertising material, including solicitations for donations;
(iv) engage in the practices commonly known as spamming, flaming or trolling.(d) You must not use any robots, spiders or webcrawlers or similar devices with respect to the Web Site.
(e) We may review (but are not obliged to do so) any material posted by you on the Web Site prior or subsequent to displaying such material on the Web Site. We may in our sole discretion without notice to You wholly or partly remove any material that We believe contravenes subclauses (b) to (d) or is otherwise inappropriate or undesirable.
(f) You warrant that you own the copyright in any material that you upload, post or send onto or using the Web Site, and grant to Us an irrevocable and permanent licence to publish and reproduce such material, and to allow other users of the Web Site to make electronic or physical reproductions thereof.
7. INDEMNITY AND LIABILITY
(a) We do not warrant the correctness of any nutritional information contained on the Web Site. Such information is intended as a guide only.
(b) We do not accept responsibility for any material that You or any other person upload or post on the Web Site, or that You or any other person send to other registrants through this Web Site, irrespective of whether We review such material.
(c) You agree that We are not responsible for any material posted on the Web Site by other persons, that you will not make any demand or claim against us with respect to such material, and that the views and opinions expressed in such postings are not necessarily our views and opinions.
(d) You agree to indemnify Us for any claim made by other registrants or third parties arising out of any material uploaded, posted or sent by you, including with respect to any claim for defamation or breach of intellectual property rights.
(e) You warrant that all personal and contact information that You provided to Us at the time of registration is wholly true and correct. You must advise us of any material change to such information before continuing to use the Web Site.
8. LAW APPLICABLE
(a) These Terms & Conditions and any orders made through this Web Site are subject to the laws, and exclusive jurisdiction of the courts and tribunals, of Victoria, Australia.
(b) In the event of any dispute or claim arising under or related to these Terms & Conditions, your use of the Web Site, our use of the Web Site or any other person’s use of the Web Site, or any other person’s use of the Web Site, at our sole discretion we may insist upon such dispute or claim being dealt with by commercial arbitration in Melbourne, Victoria, Australia under the rules set down by the Commercial Arbitration Act 1984 (Vic) or its successors.
(a) We may collect your personal information, including information about your usage of the Web Site, through the Web Site. We may retain such information.
(b) We may use your personal information for the purposes of:(i) where You post material on the Web Site, attributing that material to You by name and town, suburb or locality;
(ii) maintaining and updating the Web Site;
(iii) customising advertising and sponsorship information on the Web Site;
(iv) maintaining and renewing your subscription;
(v) sending you newsletters and periodicals;
(vi) sending you advertising material, including advertising material from third parties.(c) We may share your personal information with third parties who sponsor or advertise on the Web Site.
(d) Notwithstanding subclause (c), We will not share your credit card, debit card or other banking details with any other person, other than solely for the purpose of processing payment of your subscription fee.
(e) While We will use best endeavours to safeguard the personal information that We hold, We do not warrant that your personal information will not be hacked into or otherwise accessed without our permission and we will not be liable for such unauthorised access.
10. GENERAL MATTERS
(a) We may amend these Terms & Conditions from time to time by placing a notice on the Web Site, and such amended Terms & Conditions will apply from the next time that you log on to the Web Site after the posting of the notice.
(b) Our failure to enforce or exercise any right under these Terms & Conditions will not constitute a waiver of any right.
(c) Any notice from Us to You will be deemed to have been given at the time of dispatch and any notice from You to Us will be deemed to have been given at the time of receipt, as defined in the Electronic Transactions (Victoria) Act 2000 (Vic). The postal delivery rule is hereby expressly included for notices from Us to You but is expressly excluded for notices from You to Us.