Welcome to the Foodiful website ("the Site") which is owned, controlled and operated by Pacific Magazines Pty Limited (ABN 16 097 410 896) ("Pacific"). All copyright in material on this Site is owned by Pacific and/or its licensors.
Your use of the Site
When you visit the Site, you will be able to read and view written, illustrated, photographic & video material including recipes, articles and product information and reviews by Foodiful, product suppliers and other third parties and Site members. You acknowledge that all pricing, ingredients, and other specifications provided on this Site are based on information supplied by third parties and subject to change without notice.
To the fullest extent permitted by law Pacific disclaims any implied warranty that such information is accurate or complete, that any product/service is suitable for a particular purpose or that any product/service is available at a quoted price or location.
No products or services are sold on this Site however the Site may link to third party platforms where products or services are sold.
If you place an order for a product, you are placing an order with the Supplier of the product, and not Pacific. All terms regarding price, delivery and returns are between you and the Supplier, not Pacific.
If a Supplier accepts your order for the purchase of a product, then an agreement is formed between you and the Supplier and you have rights directly and only against the Supplier with respect to that purchase, and not us. We are not a party to that agreement. You acknowledge that your interactions with third party suppliers are at your own risk and Pacific has no liability for any act or omission, failure, breach, fraud or negligence of any third party Supplier.
If you have any questions relating to this Site you can send us a message via Contact Us.
When you use this Site, you acknowledge and agree that you may be invited by Pacific Magazines to participate in feedback surveys, online surveys and/ or focus groups.
You will be required to register to access certain features of the Site. Pacific is collecting your personal information for the purpose of establishing and maintaining your Foodiful account and providing you with access to exclusive content, trials and members only competitions and features, delivery of prizes or products for trials, and understanding our audiences.
Site Access & Use
All information, text, material, graphics, software and advertisements on the Site ("Content") are protected by Australian and international copyright and trade mark laws.
Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Pacific.
The reproduction, duplication, distribution (including by way of email or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Pacific or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.
This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Pacific.
The Site contains links to other websites outside the Site for your information and convenience, and to enable content (including recipes, articles and advertisements) to be shoppable. Pacific makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk. The Site may also link to other Pacific-owned websites where you may purchase goods from Pacific (such as subscriptions). Your purchase of those products on those sites is governed by terms on those sites.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.
Reviews, Comments and other Interactive Uses
Please by aware that by submitting content to this Site, including any recipes, product reviews or comments or participating in any interactive forum on the Site you grant Pacific and its affiliates a nonexclusive, perpetual, transferrable, and fully sub-licensable, royalty free right to use, adapt, publish and reproduce that content for any purpose, throughout the world and in any media. We may use the name that you have submitted in connection with that content, however you acknowledge that any such attribution is at our discretion.
You waive all moral rights to any content you submit, and consent to any act or omission that could otherwise constitute a breach of such moral rights, including derogatory treatment and failure to correctly identify you as the author.
You expressly acknowledge that we may disclose the Content you submit to third parties (such as product distributors and manufacturers) for any purpose, including sub-licensing such content to them for use in their own websites and marketing activities. You acknowledge that this disclosure may include personal information about you and without any compensation, attribution or restrictions on use.
When you submit content or participate in any interactive forum on the Site, you must conduct yourself in a dignified and respectful manner. Any language, conduct or behaviour deemed inappropriate will be reported to us and we may terminate your registration.
In particular, you warrant that you will not submit any of the following:
- content that is false, misleading, unlawful, fraudulent, defamatory, obscene, pornographic, racist, or otherwise inappropriate; or
- content that harasses, threatens, or offends other users of the Site;
- content that infringes the intellectual property rights, privacy or confidentiality of any third party;
- content that promotes any third party business, promotion or website (except as authorised by Pacific) including any spam or junk mail or pyramid scheme;
- iruses, or other corrupted or destructive files; or
- content that misrepresents who you are, including failing to disclose any commercial relationship of affiliation you may have with Pacific (or a competitor of Pacific) or any product or service you are reviewing or commenting on).
All views and opinions you express should be your own genuinely held views based on your experience using a product or service and not motivated by any financial gain or intended to harm another business.
Pacific and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Pacific.
Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and other state based legislation, certain warranties and conditions (“Implied Terms”) are implied into your contract with us. The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we and Supplier (as applicable) exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.
You understand and agree that Pacific has no warranty obligations or other liabilities to you under this contract.
We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our personnel in connection with this contract except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Australian Consumer Law).
In addition, our liability for breach of a condition or warranty implied into
this contract is limited:
in the case of goods, to any one of the following as determined by us (to the extent such liability is with respect to Our Product(s)) or Supplier (to the extent such liability is with respect to Supplier’s Product(s) (as applicable):
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
While Pacific does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.
Subject to the Implied Terms:
- Pacific does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
- You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.
- You acknowledge that Pacific, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site.
- You acknowledge that Pacific is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
- You expressly acknowledge and agree that Pacific does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.
To the extent permissible by law, Pacific will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
To the extent permissible by law, Pacific’s maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.
You agree to indemnify and hold Pacific harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against Supplier or Pacific alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your use of this Site or your breach of this agreement with you (as contained in these Terms).
These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.
Copyright 2016 Pacific Magazines Pty Limited