Disclaimer

(Updated 3rd March, 2016)

Thank you for visiting The Taste of Aussie (“The Taste of Aussie”, “we”, “our”, or “us”). The terms and conditions below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of The Taste of Aussie and any related software applications whether existing now or in the future (collectively, the “Properties”).

We aim to make your experience using the Properties enjoyable. By accessing or using the Properties, you agree to be bound by these Terms, which in part are intended to make sure your legal rights are respected by other users of the Properties, and that in turn you respect the legal rights of The Taste of Aussie and its other users. These Terms constitute the complete agreement between you and The Taste of Aussie, regarding the Properties. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.

Use of Properties

You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.

You agree that you will only use the Properties for your own personal use. You must be at least 13 years of age to use the Properties. Use of the Properties is void where prohibited.

Certain portions of the Properties may be secured or otherwise protected from access except for authorised users with valid login and password information. Individuals without authorisation attempting to access these portions of the Properties may be subject to prosecution.

The Taste of Aussie Account

You must create an account in order to use some of the features offered by the Properties. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You are entirely responsible for maintaining the confidentiality and security of your account and you are responsible for all changes and updates submitted through your account and all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to suspend access to or close your account at any time for any or no reason.

In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct.

Ownership of Content


A. Your Content

You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials (“Your Content”). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.

You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.

In submitting Your Content to us, you represent that:

  • You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
  • Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.

With regard to Your Content which are images, you agree that at least one of the following is met:

  • You have taken the photograph or created the artwork being submitted;
  • You own the rights to the image; or
  • You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.

Lastly, you agree that any of Your Content submitted to us will not:

  • Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
  • Contain material that violates the standards of good taste or the standards of the Properties;
  • Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Accuse others of illegal activity, or describe physical confrontations;
  • Contain material that is illegal, or that violates any federal, state, or local law or regulation;
  • Contain language or images intended to impersonate another person;
  • Disguise or attempt to disguise the origin of Your Content;
  • Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
  • Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
  • Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
  • Assert or imply that Your Content is in any way sponsored or endorsed by us; or
  • Contain material that is not in English;

each as determined in our sole discretion.

We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.

B. Our Content

We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.

C. Copyright Infringement

If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:

  • Identify in writing the copyrighted material that you claim has been infringed upon;
  • Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
  • Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorised by the copyright owner, its agent, or law.”;
  • Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorised to act on the copyright owner’s behalf.”
  • Provide your contact information including your address, telephone number, and e-mail address (if available);
  • Provide your physical or electronic signature; and Send the written communication to:
    The Taste of Aussie
    47 Rupert Street
    West Footscray, VIC 3000
    Email: copyright@aussietaste.recipes

No Endorsement of Content


Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.

Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.


Restrictions on Use


Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:

  • Use the Properties for illegal or unauthorised uses;
  • Impersonate any person or entity;
  • “Stalk” or harass other users or persons;
  • Harm minors in any way;
  • Falsely state or misrepresent your affiliation with another person or entity;
  • Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
  • Access or use the account of another user without permission;
  • Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
  • Distribute unsolicited or unauthorised advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any purposes;
  • Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
  • Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
  • “Hack” or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
  • Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  • Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
  • Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
  • Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;

each as determined in our sole discretion.

We may at any time in our sole discretion (i) move, edit, delete, or destroy any materials that you provide or deliver; (ii) access, preserve, or disclose in accordance with our Privacy Policy any materials that you provide or deliver including information that may be collected from you from your web browser or mobile device; (iii) suspend or terminate your access to and use of the Properties or any of their features in response to a breach of these Terms, or for any or no reason; or (iv) take any other action available at law in response to a breach of these Terms.

Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties

YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.

B. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY RESTAURANT IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.

Miscellaneous
A. Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorised use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.

B. Data Fees

Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.



C. Changes to the Terms

The Taste of Aussie may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.

D. Interpretation

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.

E. Governing Law/Dispute Resolution

These Terms are governed exclusively by the laws of the State of Victoria and Australia. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Melbourne in the State of Victoria. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.

F. Severability

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Medical disclaimer

The information and reference guides in this website are intended solely for the general information for the reader. The contents of this web site are not intended to offer personal medical advice, diagnose health problems or for treatment purposes. It is not a substitute for medical care provided by a licensed and qualified health professional. Please consult your health care provider for any advice on medications.

Media Releases

Each press release published on this site, and the accuracy thereof, is wholly the responsibility of the source company or organisation. You should individually check the accuracy of all information contained in all press releases.

No person should rely on information published on this site without first checking with the source company or organisation and obtain their own professional advice in relation to such information. The Taste of Aussie does not provide and is not in the business of providing professional or financial advice or other advice or services. Under no circumstances shall The Taste of Aussie be liable for any direct or consequential loss or any consequences resulting from reliance on or any action taken on the basis of information contained on this site.

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