Terms & Conditions

Parties

The owner of this website, Island Spirit Australia Pty Ltd, ("We, us, our") aims to build a friendly and trusting environment for the visitors to this Web site, the home page of which is located at http://www.recipe4life.com.au ("Site"). We have agreed to sell and the customer/member ("you") has agreed to buy our service by placing a purchase order ("Order") with us online. Recipe4Life is a product of Island Spirit Australia Pty Ltd.

Proprietary Rights

I. Copyrights

All Website materials, including, without limitation, the logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "Content") are either ALL RIGHTS RESERVED Copyright © 2007 Island Spirit Australia Pty Ltd or are the proprietary property of our affiliates or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without our prior written permission is strictly prohibited.

II. Trademarks

"Island Spirit Australia" and "Recipe4Life" and all other trademarks on this Website are either trademarks or registered trademarks of ours and our licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of us. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Island Spirit Australia, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

We may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the Website. Unless we have granted you licenses to our intellectual property in this Notice, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Island Spirit Australia or Recipe4Life trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on any page of the Website, without our express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of ours or any third party.

Third-Party Content & Services

Our suggested links are for the browser's convenience and we make no representations of warranties regarding their accuracy, availability, suitability or safety. Visitors assume all responsibility and risk with respect to their use of this website. We disclaim all warranties, representations and endorsements, including but not limited to all express and implied warranties. We do not warrant the website as free of computer viruses, bugs or other harmful components.

Disclaimer

We publish information on our website as a convenience to our visitors. Every attempt is made to provide accurate and timely information. From time to time, there may however be technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to our website at any time without notice. We do not have a duty to update this website, or modify content or code. It is your responsibility to verify any information contained in this website before relying on it.

Submissions

By submitting, disclosing or offering any review, comments, feedback, forum posts, blog posts, suggestions, ideas, notes, concepts and other information, content or material, or other item (each, a "Submitted Item") to us, either online or offline and whether or not solicited by us, you hereby grant to us an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect and confirm the license granted to us to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at our sole discretion and we are under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by us, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant us the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your username and not your email address will be published with your Submitted Item.

User Conduct

This Website may include discussion forums or other interactive areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:

  1. Upload, post, email, transmit, distribute or otherwise publish any message, information, text or other material ("Material") that we deem to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of any security exchange commissions, like, but not limited to, The Australian Securities Exchange and The New York Stock Exchange,;
  3. Upload, email, transmit or otherwise make available any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Without our written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
  6. Harm minors in any way; or
  7. Upload, post, email, transmit or otherwise make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Indemnification

You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of our Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Recipe4Life Website or through our Services causes us to be liable to another.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Dispute Resolution

You agree with us that if there is a problem with any aspect, we will try to resolve it between ourselves. If the problem cannot be resolved by negotiation, the matter will be referred to mediation before a mediator approved by the Law Institute of Victoria and both parties will participate in the mediation process in Good faith. Failing mediation, the matter will then be submitted to arbitration in accordance with the Commercial Arbitration Act 1984 (Vic). During the arbitration, we may both be represented by a lawyer. We each agree to bear our own legal costs. You agree with us that litigation in our relationship will only be used as a last resort.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Melbourne, Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

Termination

We reserve the right, without notice and at our sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.

You can terminate your membership with us at anytime by giving us 30 days notice by contacting us at Customer Service

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

Satisfaction Guarantee

If for some reason you are not completely satisfied with our service and products we will refund your money and cancel your subscription. All refund requests MUST be received within 40 DAYS of purchase. No refunds will be given if requests are received after the 40 DAY period. To request a refund you can contact us at Customer Service

 

 

 
Copyright © 2008 Island Spirit Australia Pty Ltd All Rights Reserved.