Conditions & Terms of Use

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Conditions, which together with our Privacy Policy and website Disclaimer, govern TheFamilyKitchen.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purpose of these terms and conditions, “us”, “our” and “we” refers to TheFamilyKitchen.com.au and “you” and “your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that as conclusive evidence of your agreement and acceptance that these terms govern your and TheFamilyKitchen.com.au’s right and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition of you using our website that you agree and accept that TheFamilyKitchen.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of our website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

LINKS TO OTHER WEBSITES

TheFamilyKitchen.com.au may from time to time provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between TheFamilyKitchen.com.au and owners of these websites. TheFamilyKitchen.com.au  takes no responsibility for any of the content found on the linked websites.

TheFamilyKitchen.com.au’s website may contain information provided by third parties, for which TheFamilyKitchen.com.au accepts no responsibility whatsoever for information or advice provided to you directly from third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

AFFILIATES AND ADVERTISEMENTS

We may accept affiliates and advertising on our website for which, in some instances, we may receive a fee or commission. We do not endorse, represent or promote any one product or service over that of any other, and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.

Any dealings between you and any third party advertisers or merchants found on our website, including payment for and delivery of products, services or any other terms, conditions, warranties or representations associated with such dealings are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind you may incur as a result of such dealings.

DISCLAIMER

To the fullest extent permitted by law, TheFamilyKitchen.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness of any particular purpose. TheFamilyKitchen.com.au gives no warranty that the documents, goods or services will be free from errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times, endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of TheFamilyKitchen.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusion of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you might be taking by using this website and any products or services that may be offered through it. It is your responsibility to do so.   

WHOLE AGREEMENT

These terms and conditions, together with our privacy policy and website disclaimer, represent the whole agreement between you and TheFamilyKitchen.com.au concerning your use of and access to TheFamilyKitchen.com.au’s website and your use of and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other State and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

FOOD & NUTRITION

The information contained in TheFamilyKitchen.com.au is for general information purposes only and is not meant to substitute professional dietary or medical advice or treatment. If you have or suspect you might have allergies or medical issues that may be affected by certain foods, you should promptly contact your healthcare provider. Any statements regarding diet and/or nutrition are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease. It is possible that some archived articles may contain outdated information. 

While we endeavour to test the recipes on this website before their publication, we make no guarantees as to the accuracy or reliability of any recipe published on thefamilykitchen.com.au.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and thefamilykitchen.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW. 

TERMS OF USE

These Terms of Use apply to all Users of this website. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. In using our website and services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you may not use this website.

DEFINITIONS

“User” means a member or visitor of the website. “Content” means any and all material, links, words and images the advertiser or subscriber submits or links to the website. “The website” means TheFamilyKitchen.com.au. “We”, “our” and “us” means TheFamilyKitchen.com.au. “You” means the User, member or visitor who by using this website agree to these Terms of Use.

CONTENT POSTING

By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material, and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights. You agree you will not post any false or misleading descriptions, articles, services, photos or anything that may not be clear and accurate to any visitor to the website.

You warrant and agree that:

  • The information you post or advertise on the website is genuine, true and accurate;
  • You will keep your information updated and any Content you post to our site including any links, complies with applicable laws, codes and regulations; and
  • You will immediately take over and manage any third party claim or litigation arising directly or indirectly as a result of your User post or any information you may provide on our website.

By using this website, you authorise us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

DISCLAIMER

Comments are provided by third parties and do not necessarily reflect the views of TheFamilyKitchen.com.au. We cannot confirm the accuracy of third party comments nor do we endorse them. TheFamilyKitchen.com.au assumes no responsibility for any consequence relating directly or indirectly for any action or inaction you take based on the Content available via the website, including comments.

CANCELLATION AND TERMINATION

We may terminate your use of our website at any time. We have the right to terminate your use of the website for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide our website is untrue, inaccurate or incomplete, or that you have breached any Terms of Use, if your content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your information and any links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to allow you access at anytime in the future in the event of any breach.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We are not obligated to return any files to you.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms of Use.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms of Use.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your posting or information you provide to our website. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on TheFamilyKitchen.com.au.

In addition, you agree to fully indemnify us for any and all claims by any third party which may result from your advertisement, Content or link on the website or any business you conduct with any customer. We are not responsible for your Content nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your customers whether direct or indirect.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of TheFamilyKitchen.com.au.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms of Use are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms of Use.­­