Terms of Use for Thermomix ® in Australia

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1. Introduction
(1) Please read these terms of use carefully. By accessing the website located at www.recipecommunity.com.au and any pages or materials contained in the website (Website), you agree to be bound by the terms, conditions notices and disclaimers contained in these terms, the Privacy Policy and elsewhere on the Website (collectively known as the Terms). If you do not agree to all of the Terms, please do not access this Website, or any associated pages or materials.
(2) This Website is owned by Vorwerk international Strecker & Co. International Mittelsten Scheid & Co. (Vorwerk international Strecker & Co.) and operated by The Mix Australia Pty Ltd ACN 069 944 930 of 30 Ledgar Road, Balcatta, Western Australia, trading under the name “The Mix Australia” (“The Mix Australia” or “we”). The Mix Australia offers a website relating to cooking with, and recipes for, Thermomix ® kitchen appliances giving users the opportunity to upload, enter and create their own content.
(3) The pages and materials contained on this Website are either the property of The Mix Australia or are owned by others and are used by The Mix Australia under licence.
(4) The Website also offers a forum in which Registered Users can communicate with each other. The Mix Australia does not endorse the views or material contained in the forum or any users’ contributions to the forum.
2. Users
(1) The Website has Unregistered Users and Registered Users (Users).
(2) Unregistered Users can only download content from the publicly accessible area of the Website (Unregistered Users). To submit content or to utilise certain parts of the Website, you must apply for registration to establish an account on the Website.
(3) Registered Users may use the forum provided on the Website, and also add their own content (Registered Users). No entitlement to registration may be assumed.
(4) You do not have to become a Registered User to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of the Website. There is no cost to become a Registered User of the Website.
(5) Registration is conducted through the Website. Registration is not completed until you have submitted the registration form and The Mix Australia has confirmed registration by sending you your login information. All information supplied by you upon registration must be true, complete and accurate information (User Data). You must maintain and promptly update your User Data as appropriate from time to time.
(6) The Mix Australia recommends that users register online using a pen name or pseudonym as their login name (not their real name). You should be aware that your posted comments or other submissions can remain online indefinitely and may be found through search engines or online archives. Users must not impersonate another living person or Registered User. When registering as a user, you must provide a genuine email address.
(7) The Mix Australia may refuse your registration where The Mix Australia considers your suggested usernames to be inappropriate. Grounds for refusal may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.
(8) Registered Users may not use membership for business or commercial purposes.
(9) The Mix Australia reserves the right to refuse suggested usernames at its sole discretion and does not have to provide any reasons for such refusal.
(10) Without limiting any other provision of the Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and to refuse any and all current or future use of the Website (or any portion thereof).
(11) All decisions made by Vorwerk international Strecker & Co. and The Mix Australia are final and no correspondence will be entered into.
(12) You agree not to assign, transfer or sublicense your rights as a Registered User of this Website. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
(13) You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorised use of your account, you should notify The Mix Australia immediately.(Email:info@thermomix.com.au)
3. Posting Content / Granting of Rights
(1) Registered Users are granted an opportunity to post their own content (for instance, information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, Content), on the Website.
(2) Content that is posted, emailed, or otherwise transmitted to or on this Website, whether posted at The Mix Australia’s request or voluntarily, and whether publicly posted or privately transmitted is referred to collectively as Postings.
(3) Registered Users are only entitled to enter Content created by themselves or for which they have been granted the corresponding rights. You must ensure that your Postings do not violate any third-party rights including intellectual property rights (in particular, but without limitation, rights regarding copyright and registered and unregistered trademarks).
(4) You must ensure that you post only recipes of edible dishes. The Mix Australia expressly alerts users that The Mix Australia has not undergone any testing of the recipes. You make use of the recipes entirely at your own risk.
(5) By making a Posting, you grant Vorwerk international Strecker & Co. and The Mix Australia and its successors and assigns (despite any moral rights you may have, which you hereby waive) a royalty-free, perpetual, irrevocable, non-exclusive right and licence, including the right to sublicense, (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public (including without limitation for use on mobile devices), perform, enter into commercial rental arrangements in respect of and display any Postings (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Postings in other works in any form, media, or technology now known or later developed (including without limitation as part of the Website, in cookbooks, magazines and other printed media and to other Registered Users by e-mail or other electronic transmission service as part of a newsletter), for the full term of any copyrights, trademarks and other intellectual, personal and proprietary rights (Rights) that may exist in such Postings, for any purpose, commercial, advertising or otherwise. You acknowledge that the Rights granted to The Mix Australia survive termination of your membership and continue entirely for the benefit of The Mix Australia.
(6) You also hereby irrevocably and unconditionally consent, to the fullest extent permitted by law (either present or future), to The Mix Australia or any person authorised by The Mix Australia, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Postings or any adaptation of the Postings (or any part of the Postings or of any such adaptation) anywhere in the world:
(a) in whatever form and in whatever circumstances The Mix Australia thinks fit, including the making of any distortions, additions or alterations to the Postings or any adaptation of the Postings (or any part of the Postings or of such adaptation); and
(b) without making any identification of you in relation to them.
(7) You also warrant that:
(a) you own or otherwise control all of the rights in or to your Postings including, without limitation, all the rights necessary for you to send, email, post or otherwise transmit to The Mix Australia, the Postings; and
(b) to the extent you are not the exclusive holder of all Rights in a Posting, any third party holder of any Rights, including moral rights in such Postings, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above.
(8) You further acknowledge that Vorwerk international Strecker & Co. and The Mix Australia and its successors and assigns shall be entitled to unrestricted use and further development of the Postings for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Postings or any third party holder of any Rights. You also permit any user to access, display, view, store and reproduce any Posting that you have made available on the Website for personal use. Subject to the foregoing, the owner of a Posting placed on this Website retains any and all Rights that may exist in such Posting. Except as provided in the Privacy Policy, none of the Postings shall be subject to any obligation of confidence on The Mix Australia’s part, and it shall not be liable for any use or disclosure of any Postings.
(9) All Registered Users may submit comments on Content of the Website, particularly with regard to suggested recipes. The Mix Australia expressly notes that any such comments only reflect the personal views of the individual user alone and do not originate from The Mix Australia. The Mix Australia reserves the right to remove any Content from the Website, particularly, but without limitation, any Content that is objectionable or in violation of applicable law, without prior consultation with the relevant user.
(10) Generally, users may request The Mix Australia to remove their Postings or another user’s Postings, but are not entitled to demand any Postings be removed from the Website. The Mix Australia will remove Postings at its discretion or when required under applicable law.
4. Website Content and User Obligations
(1) The Mix Australia exercises reasonable efforts to ensure that Content posted on the Website by The Mix Australia is accurate and up-to-date. However, we make no warranty or representation about the accuracy, completeness, correctness, reliability of the information provided, or how up-to-date the information is.
(2) You acknowledge that all Postings are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. The Mix Australia do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, you agree that The Mix Australia has no responsibility for the accuracy, integrity or quality, including, without limitation, regarding the quantities and success of recipes referred to in such Postings.
(3) Although The Mix Australia has adopted community standards and conduct guidelines for the users of the Website, you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Except for Postings created by The Mix Australia (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by the Terms), you agree that under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings (other than for Content developed by The Mix Australia), or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
(4) You agree not to use this Website to do, or attempt to do, any of the following (as to which you agree to accept The Mix Australia as the sole decision maker in its absolute discretion):
(a) upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, glorifies violence, of a pornographic nature, invasive of another's privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable or violates applicable laws and regulations including attempts to "stalk" or otherwise harass another user of the Website via Postings or otherwise;
(b) upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary or intellectual property rights of any party;
(c) use the Website as a platform for sales and presentation offers, or for direct or concealed advertising, including to upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation or promotion (including posting of links to third party websites promoting these services);
(d) disclose or forward personal access information to Thermomix ® Australia, regardless of it being your own User Data or a third-party’s information;
(e) implement systems with respect to automatic processing of data contained on the Website as well as self-created search systems, services and indexes using the Content accessible on the Website, as well as the repeated creation of identical contributions (threads) or responses;
(f) upload, post, email or otherwise transmit any Postings or other materials that contain software, scripts, files, any other computer code, files or programs designed to interrupt, destroy, limit or divert the functionality of any computer software or hardware or telecommunications equipment and other mechanisms or technologies capable of spying on, attacking or in any other way compromising the Website, its users, their computers, The Mix Australia’s servers or the software used on the users’ or The Mix Australia’s computers;
(g) using the Website to collect information about others without their consent; transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights; interfere with or disrupt the Website or attempt to gain unauthorised access to any services or information; or
(h) generally use the Website for any purpose that is unlawful.
(5) Except as may otherwise be provided in our Privacy Policy, all Website communications, including, but not limited to, blog, groups, message board and profile communications, are public and not private communications. The Mix Australia reserves the right to monitor some, all, or no areas of this Website for adherence to the Terms or for any other purpose, but you agree we have no obligation or duty to do so and release us from any such obligation or duty. You acknowledge that by providing you with the ability to distribute Postings on the Website, we act as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities on the Website, nor do we endorse any such Postings.
(6) Although Thermomix® in Australia reserves the right to remove, without notice, any Posting for any reason, it generally does not review Postings prior to the posting and we have no obligation to delete Postings that you may find objectionable or offensive. Thermomix® in Australia is not responsible for maintaining a copy of any material it removes from the Website, and is not liable for any loss you incur in the event your Postings are removed.
5. Privacy
The Mix Australia is committed to protecting your privacy and security. For more information, please review the Privacy Policy. You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy.
6. Copyright
(1) You acknowledge that the Content published on the Website is largely protected by copyright, patents, trademarks, trade secrets and/or other intellectual or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under applicable copyright laws including Australian copyright laws and The Mix Australia owns copyright in the selection, coordination, arrangement and enhancement of such Content. You may use this Content for your own non-commercial purposes.
(2) You shall not use the Content without prior written consent by The Mix Australia. Photographs may not be copied, sold, lent or otherwise reproduced without express written consent from The Mix Australia. The unauthorised use, reproduction or forwarding of individual Content, including Postings or entire pages beyond the extent identified above is not permitted, and may result in criminal prosecution.
7. Limitation of Liability, Disclaimers of Warranties and Indemnity
(1) Subject to the rights you may have under the Competition and Consumer Act 2010 (Cth) (as amended) or other applicable legislation (Applicable Legislation), if any:
(a) Content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied;
(b) we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
(c) we do not warrant that the Website or Content is secure, free from bugs, viruses, interruption, errors, theft or destruction or that the Website or Content will meet your requirements. You assume all risks associated with using or relying on such Content.
(d) Content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content or material;
(e) we do not warrant or make any representations regarding the use or the results of the use of the recipes, products, offerings, Content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;
(f) The Mix Australia’s liability is excluded if and to the extent to which the application and safety advice in the Thermomix ® instruction manual is not observed;
(g) you expressly understand and agree that The Mix Australia and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from
(i) the use or the inability to use this Website;
(ii) the use of any Content, Postings or other material on this Website or any website or websites linked to this Website;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on this website; or
(v) any other matter relating to this website.
(2) If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole and exclusive remedy (subject to the rights you may have under the Applicable Legislation, if any) is the termination of your membership and the discontinuation of your use of this Website. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
(3) You agree to indemnify, hold harmless and, at The Mix Australia’s option, defend The Mix Australia and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
8. Termination
(1) Users shall be entitled to modify or add to the User Data at all times.
(2) Membership is for an unlimited period. Both The Mix Australia and the user are entitled to terminate membership at any time. Termination by the user is effected by deactivating the user’s profile.
9. Relationship with Vorwerk international Strecker & Co. International
The Mix Australia is authorised by Vorwerk international Strecker & Co. International Mittelsten Scheid & Co. (Vorwerk international Strecker & Co.) to use under licence the Thermomix ® brand and intellectual property on the Internet. Thermomix ® is the trade name and the registered trademark and servicemark of Vorwerk international Strecker & Co., as are certain other trademarks and servicemarks used by The Mix Australia on this Website under Vorwerk international Strecker & Co.’s control.
10. General provisions
(1) The laws of Western Australia, Commonwealth of Australia, apply to the interpretation of the Terms. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Western Australia, Commonwealth of Australia.
(2) If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(3) The Mix Australia makes no representation that the Content of the Website complies with the laws of any country outside the Commonwealth of Australia.
(4) The Mix Australia reserves the right at its sole discretion to change, modify, add, or remove any portion of this Website or the Terms, in whole or in part, at any time and for any reason.
(5) You agree to review the Terms periodically to make yourself aware of any changes. Your continued use of this Website after any changes to the Terms will be considered acceptance of those changes. The Terms govern your use of this Website. In the event that you do not comply with the Terms, The Mix Australia may, at its sole discretion and without notice or liability to you, block or restrict your access to this Website and/or pursue legal action against you for any alleged or actual violation of the Terms or governing law.
(6) These Terms are the entire agreement between you and The Mix Australia relating to the subject matter herein.
(7) The Mix Australia may assign its rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.