Terms and Conditions

Yourfamilycookbook.com · Version 1.0

Introduction

These Terms and Conditions (Terms) govern your access to and use of the website located at yourfamilycookbook.com and any related applications, features, content, tools and services (together, the Platform).

The Platform is operated by Compareyourrealestate.com [Insert legal entity name] [Insert ABN/ACN] of [Insert registered address] (we, us or our).

Please read these Terms carefully. They contain important provisions about how the Platform may be used, the limits of our liability, and your obligations in relation to the content you publish.

1. Definitions and interpretation

Defined terms. In these Terms, unless the context otherwise requires:

• ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• AI Features means the features of the Platform that read photographs of handwritten or printed recipes, transcribe them into text, and translate that text into another language.
• Cookbook means a recipe website created by a Registered User through the Platform.
• Intellectual Property Rights means all present and future intellectual property rights anywhere in the world, whether registered or unregistered, including copyright, trade marks, designs, patents, trade secrets, know-how and rights in confidential information.
• Owner means the Registered User who created a Cookbook.
• Platform has the meaning given in the Introduction.
• Privacy Policy means our privacy policy, available at yourfamilycookbook.com/privacy, as updated from time to time.
• Published Cookbook means a Cookbook that its Owner has chosen to make publicly accessible.
• Registered User means a User who has created an account on the Platform.
• Third Party Services means any product, service, content, website or application provided by a third party that is made available through, linked from or integrated with the Platform.
• User, you or your means any person who accesses or uses the Platform, whether as a Visitor or a Registered User.
• User Content means all material you submit to, upload to, generate on or publish through the Platform, including recipes, ingredients, methods, notes, chapter names, descriptions, stories, dedications and photographs.
• Visitor means a person who views a Published Cookbook without being its Owner.

Interpretation. In these Terms, unless the context otherwise requires:

• headings and sub-headings are for convenience only and do not affect interpretation;
• the singular includes the plural and vice versa;
• a reference to a person includes a corporation, partnership, trust, government body or any other entity;
• a reference to a statute, regulation or other instrument includes any amendment, replacement or re-enactment of it;
• the words “including”, “includes” and “for example” are not words of limitation; and
• a reference to writing includes email and other electronic forms of communication.

2. Acceptance of these Terms

By accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into and forms part of these Terms. If you do not agree to these Terms, you must not access or use the Platform.

Creating an account, creating or editing a Cookbook, publishing a Cookbook, or otherwise using the Platform each constitutes your acceptance of these Terms. A link to these Terms is presented alongside the sign-in control before an account is created.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.

You must be at least 16 years old, or the minimum age required in your jurisdiction to consent to the processing of your personal information, to create an account.

We may amend these Terms from time to time. We will post the amended Terms on the Platform and, where the change is material, notify Registered Users by email. Your continued use of the Platform after the amended Terms take effect constitutes your acceptance of them. If you do not agree, you must stop using the Platform and may delete your account.

3. Accounts and registration

Some features of the Platform require an account. Accounts are created by authenticating with a supported third-party sign-in provider. We do not receive or store your password for that provider.

You must:

• provide accurate, current and complete information when registering, and keep it up to date;
• keep secure the email account and sign-in credentials used to access the Platform;
• not share your account with, or transfer it to, any other person; and
• notify us promptly at [Insert contact email] if you become aware of any unauthorised access to or use of your account.

You are responsible for all activity that occurs under your account. Anyone with access to the email account you sign in with can access your Cookbook.

You may delete your account at any time from Account & billing in the studio. Deletion removes your account, your recipes and your photographs, unpublishes any Published Cookbook, and cannot be undone.

4. The Platform

The Platform allows you to record recipes, organise them into chapters, add photographs and stories, choose how the resulting Cookbook looks, and publish it as a website at an address you select.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own personal, non-commercial purposes in accordance with these Terms.

We may modify, suspend, add to or discontinue any part of the Platform at any time, with or without notice. We may impose limits on storage, uploads, file sizes or usage of the AI Features.

We do not warrant that the Platform will be available at all times, uninterrupted or free from errors. Access may be unavailable during maintenance, upgrades or events outside our reasonable control.

Keep your own copy. The Platform is not a backup service. You are responsible for maintaining your own copies of your recipes and photographs.

5. Publishing your Cookbook

A Cookbook is private to you until you choose to publish it. Publishing is entirely within your control.

A Published Cookbook is public. It can be viewed by anyone who has its web address, without a password, and may be indexed by search engines. Anything in it — including names, photographs, family stories and dedications — becomes publicly readable.

Before you publish, you must satisfy yourself that you are entitled to publish everything in your Cookbook, including any personal information about other people. Where a recipe, photograph or story concerns another person, you should obtain their consent.

You may unpublish a Cookbook at any time. Unpublishing removes it from the Platform, but we cannot recall copies that have already been viewed, saved, shared, or cached or indexed by search engines or other third parties.

Where a Published Cookbook shows counts of views, likes or shares, those counts are indicative only. They are recorded against an anonymous identifier stored in a Visitor’s own browser and may be inaccurate.

6. AI Features: transcription and translation

The AI Features allow you to photograph a handwritten or printed recipe and have it read, typed up and, if you choose, translated. To do this, the photograph you submit is sent to a third-party artificial intelligence service. If you do not use the AI Features, no photograph of yours is sent to that service.

The output is a draft, not a result. Handwriting is not always read correctly, and neither is a translation. Quantities, temperatures, times, ingredient names and instructions can all come out wrong. Anything the service could not make out is marked for you, and each imported recipe is flagged for review.

You must check every imported recipe against the original before you rely on it or publish it. To the maximum extent permitted by law, we accept no liability for any inaccuracy, omission or mistranslation in output produced by the AI Features, or for any consequence of relying on it without checking.

The AI Features are subject to usage limits and may be modified, suspended or withdrawn. They may be unavailable if the underlying third-party service is unavailable.

7. Acceptable use

You must not, and must not permit any other person to:

• use the Platform for any unlawful purpose or in breach of any applicable law;
• upload, publish or transmit any content that is defamatory, obscene, harassing, hateful, threatening, deceptive, or that infringes the rights of any person;
• upload or publish content that infringes any Intellectual Property Rights, including recipes, photographs, text or images copied from a book, website or other work without permission;
• publish personal information about another person without a lawful basis for doing so;
• impersonate any person or misrepresent your affiliation with any person or entity;
• upload or transmit any virus, malware or other harmful code;
• attempt to gain unauthorised access to the Platform, its servers, or any account, system or network connected to it;
• interfere with, disrupt or place an unreasonable load on the Platform or its infrastructure;
• use any robot, spider, scraper or other automated means to access, monitor or copy the Platform or any Cookbook, except for search engine indexing of Published Cookbooks;
• reverse engineer, decompile or disassemble any part of the Platform, except to the extent this restriction is prohibited by law;
• resell, sublicense, rent or otherwise commercially exploit the Platform or access to it;
• use the AI Features other than to transcribe and translate recipes you are entitled to use; or
• use the Platform to send unsolicited commercial communications.

We may investigate any suspected breach of this clause and may report suspected unlawful activity to law enforcement or regulatory authorities.

8. No professional advice — food safety and dietary information

The Platform is a tool for writing recipes down and sharing them. It is not a source of professional advice.

Nothing on the Platform is nutritional, dietary, medical, allergen or food-safety advice. Recipes on the Platform are written by their Owners. We do not review, verify, test or endorse any recipe, ingredient list, cooking time, cooking temperature, storage instruction, serving size, allergen statement or dietary label appearing on the Platform, whether written by an Owner or produced by the AI Features.

Cooking involves real risks, including foodborne illness, allergic reactions and injury. You are responsible for exercising your own judgement, applying safe food-handling practices, and checking ingredients against your own and your guests’ allergies and dietary requirements. If you have a medical condition, food allergy or dietary requirement, seek advice from a qualified professional. Do not rely on a recipe, or on any transcription or translation of one, as a substitute for that advice.

To the maximum extent permitted by law, and subject to clause 14, we are not liable for any loss, illness, injury or damage arising from the preparation or consumption of food made using a recipe accessed through the Platform.

9. Third Party Services

The Platform relies on and may link to Third Party Services, including sign-in providers, hosting and storage providers, and the artificial intelligence service used by the AI Features.

Third Party Services are provided by their own operators and governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, content, security or practices. Your use of a Third Party Service is at your own risk and is a matter between you and its operator.

A link to a third-party website does not imply any endorsement, sponsorship or affiliation.

10. Your Content

You own your recipes. As between you and us, you retain all Intellectual Property Rights in your User Content. Nothing in these Terms transfers ownership of your User Content to us.

You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt (only for technical purposes such as resizing and format conversion), transmit and display your User Content, solely for the purposes of:

• operating the Platform and providing it to you;
• displaying your Cookbook to you and, once you publish it, to Visitors; and
• creating backups and performing maintenance.

The scope of that licence is limited to those purposes. We do not use your User Content for marketing or promotion, we do not license or sell it to any third party, and we do not use it to train artificial intelligence models. The licence continues only for as long as your User Content is on the Platform, and ends when you delete it, save for backup copies retained for a reasonable period in accordance with our Privacy Policy.

You represent and warrant that, for all User Content you submit:

• you own it or have all rights and permissions necessary to submit and publish it;
• it does not infringe the Intellectual Property Rights or other rights of any person;
• it does not breach clause 7; and
• where it contains personal information about another person, you have a lawful basis for including and, if applicable, publishing it.

We are not obliged to monitor User Content, but we may review, refuse, remove or unpublish any User Content that we reasonably consider breaches these Terms or applicable law.

11. Intellectual property

All Intellectual Property Rights in the Platform — including its software, source code, design, layout, patterns, artwork, icons, typefaces (to the extent we own or license them), text and branding — are owned by or licensed to us and are protected by law.

Except as expressly permitted in these Terms, you must not copy, reproduce, modify, distribute, publish, frame, adapt or create derivative works from any part of the Platform without our prior written consent.

If you send us feedback, suggestions or ideas about the Platform, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use them without restriction or obligation to you.

12. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

13. Fees

The Platform is currently provided free of charge, and no payment method is collected. Paid plans shown in the studio are not available and cannot be purchased.

We may introduce fees for the Platform or for particular features in the future. We will give Registered Users reasonable notice before any fee applies to them, and no fee will be charged without your express agreement at that time.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

If the ACL applies to you and we supply services to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of a consumer guarantee is limited, to the maximum extent permitted by law, to supplying the services again or paying the cost of having them supplied again.

15. Limitation of liability

The Platform is provided “as is”. To the maximum extent permitted by law, and subject to clause 14, we exclude all representations, warranties, guarantees and conditions that are not expressly set out in these Terms, whether implied by statute, custom or otherwise.

To the maximum extent permitted by law, and subject to clause 14, we are not liable for:

• any indirect, incidental, special, punitive or consequential loss;
• any loss of profits, revenue, goodwill, opportunity or anticipated savings;
• any loss or corruption of data, recipes or photographs, however caused;
• any loss arising from your reliance on output produced by the AI Features;
• any loss arising from the preparation or consumption of food, as described in clause 8;
• any loss arising from content published by an Owner, including content about you;
• any loss arising from a Third Party Service; or
• any loss arising from unauthorised access to your account other than as a result of our failure to take reasonable security measures,

whether in contract, tort (including negligence), statute or otherwise.

To the maximum extent permitted by law, and subject to clause 14, our total aggregate liability to you arising out of or in connection with the Platform and these Terms is limited to:

• where you have paid fees to us in the 12 months preceding the event giving rise to the liability, the total amount of those fees; or
• where you have paid no fees to us, AUD $100.

You acknowledge that these limitations are reasonable having regard to the nature of the Platform and the fact that it is currently provided free of charge.

16. Indemnity

To the maximum extent permitted by law, you indemnify us and our officers, employees, contractors and agents against all loss, damage, liability, cost and expense (including reasonable legal costs) arising out of or in connection with:

• your breach of these Terms or any applicable law;
• your User Content, including any claim that it infringes a third party’s rights or that it discloses personal information about a person without a lawful basis; and
• your negligent or wilful misconduct,

except to the extent the loss was caused or contributed to by our own negligence or breach of these Terms.

17. Suspension and termination

You may stop using the Platform at any time and may delete your account as described in clause 3.

We may suspend or terminate your access to the Platform, or unpublish a Cookbook, immediately and without notice if we reasonably consider that you have breached these Terms, that your use poses a risk to us, to another User or to any other person, or that suspension is required by law.

We may also discontinue the Platform in whole or in part. Where we do so other than for a breach by you, we will give Registered Users reasonable notice and a reasonable opportunity to export or copy their User Content.

On termination, your right to access the Platform ends and any Published Cookbook of yours will be unpublished. Clauses 8, 10, 11, 15, 16 and 20, and any other clause that by its nature is intended to survive, survive termination.

18. Notices

We may give you notice by email to the address associated with your account, or by posting the notice on the Platform. A notice sent by email is taken to be received on the day it is sent, unless we receive a delivery failure notification.

You may give us notice by email to [Insert contact email] or by post to the address set out in the Introduction.

19. Force majeure

We are not liable for any failure or delay in performing our obligations under these Terms to the extent it is caused by an event beyond our reasonable control, including an act of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strike, government action, failure of telecommunications or internet infrastructure, power failure, cyber attack, or the failure or unavailability of a Third Party Service.

20. General

Governing law and jurisdiction. These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Platform and supersede all prior representations, understandings and agreements.

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, it is to be read down to the extent necessary, or severed, and the remaining provisions continue in full force.

Waiver. A failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right, and a single or partial exercise does not preclude any further exercise.

Assignment. You must not assign or transfer your rights under these Terms without our prior written consent. We may assign or novate our rights and obligations under these Terms to a related body corporate or in connection with a sale, merger or other corporate transaction.

No agency. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and us.

Contact. If you have any questions about these Terms, contact us at [Insert contact email].