COOKED – LEGAL NOTICE - TERMS AND CONDITIONS – last updated on 12 February 2015
1.1 Welcome to Cooked (“Cooked”, “we”, “us”, “our”). This website (the “Site”) is operated under a joint venture agreement between (1) Bloomsbury Publishing Plc a company registered under the laws of England and Wales (Company Registration Number 984336) whose registered offices are located at 50 Bedford Square, London, WC1B 3DP, England, United Kingdom, for itself and on behalf of the affiliates of the Bloomsbury Publishing Group (‘Bloomsbury’); and (2) Hardie Grant Publishing Pty Limited a company registered under the laws of the state of Victoria, Australia (Australian Business Number (ABN): 92 079 618 394) whose registered offices are located at Building 1, 658 Church Street, Richmond, Victoria 3121, Australia, for itself and on behalf of the affiliates of the Hardie Grant Group (‘Hardie Grant’).
1.3 We may revise these Terms from time to time at our discretion. Please check these terms regularly, and in particular every time you wish to purchase Books or Subscription Services from this Site, to ensure you understand the terms that will apply at that time.
TERMS OF SALE
2. COOKED SUBSCRIPTION SERVICES
2.1 Any Contract for the supply of Subscription Services on this Site will be between you and Hardie Grant. Hardie Grant’s VAT number is 982 9826 56.
2.2 We offer monthly or annual membership subscriptions as set out below. The membership fees for each are set out on the memberships page. Membership fees may be subject to tax and are non-refundable except as expressly set out in these Terms.
2.3 Monthly Membership - If you subscribe for a monthly membership, you will have access to the Subscription Services for a minimum period of 1 (one) month. You will be charged a monthly subscription fee in advance.
2.4 ‘Annual Membership’ - If you subscribe for annual membership, you will have access to the Subscription Services for a minimum period of 12 (twelve) months. You will be charged an annual subscription fee in advance.
2.5 At the end of the first and any following subscription period (monthly or annual as the case may be) your membership will renew automatically unless you notify us before the end of the current subscription period that you want to cancel or do not want to auto renew. The cancellation will take effect the day after the last day of the current subscription period. Please note that if you cancel your membership after the Cooling-Off Period explained in clause 6 has expired (or within the Cooling-Off Period if you have already started to use the Subscription Services), we will not refund any subscription fee already paid to us even if you cancel before the end of the current subscription period [and you will continue to have access to the Subscription Services until the end of the current subscription period].
2.6 We may change the fees for the Subscription Services from time to time, and will communicate any changes to you. Changes to fees will take effect at the start of the next subscription period following the date of the change. By continuing to use the Subscription Services after the fee change takes effect, you accept the new fee.
3 CONTRACTS FOR THE PURCHASE OF BOOKS
3.1 ANY CONTRACT FOR THE PURCHASE OF BOOKS PUBLISHED BY HARDIE GRANT VIA THIS SITE WILL BE BETWEEN YOU AND HARDIE GRANT.
3.2 ANY CONTRACT FOR THE PURCHASING OF BOOKS PUBLISHED BY BLOOMSBURY VIA THIS SITE WILL BE BETWEEN YOU AND BLOOMSBURY. BLOOMSBURY’S VAT NUMBER IS GB215039103
4.1 As a consumer, you may only purchase Subscription Services or Books from this Site if you are at least 18 years old. You may only purchase Subscription Services if you are resident in the United Kingdom.
4.2 If you are under 18 years old, please do not attempt to purchase Books or Subscription Services through this Site.
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 The Site’s pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order for the Subscription Services or Books, you will receive an email from us confirming that we have received your order. The Contract between us will be formed when you receive this email confirmation.
5.3 If we are unable to supply you with the Subscription Services or particular Books, for example because they are no longer available or because we cannot meet your requested delivery date or because of an error in the price on this Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the relevant Subscription Services or Product, we will refund you the full amount including any delivery costs charged as soon as possible.
5.4 If we have to revise these Terms as they apply to an order you have placed for Subscription Services or Books, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6 COOLING-OFF PERIOD AND CANCELLATION
6.1 If you purchase membership to access the Subscription Services, you have the right to change your mind and receive a full refund within 14 days of purchase, but only if you have not logged in or otherwise started to use the Subscription Services during this period.
6.2 If you purchase Books on this Site, you can cancel your order without giving any reason within 14 days from the day upon which you receive the purchased Books. If you cancel within the Cooling-Off Period, we will refund you all payments received from you in respect of your purchase, within 14 days from the day on which we receive notice of your cancellation. You must send back the Books by following the instructions below no later than 14 days from the day on which you notify us of your cancellation. You will be responsible for the direct cost of returning the Books.
6.3 To cancel an order or purchase, send an email to firstname.lastname@example.org, including full details (date of purchase, email address associated with the purchase, and full name and contact phone number of purchaser) of the order or purchase you wish to cancel in order to help us to identify it. Please note that if you cancel outside the Cooling-Off Period we will not refund any sums already paid to us.
7 DELIVERY OF BOOKS
7.1 Please see our FAQ for estimated delivery times for Book orders from The Store. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
7.2 Delivery of an order shall be completed when we deliver the purchased Books to the address you gave us and the Books will be your responsibility from that time. You will own the Books once we have received payment in full, including all applicable delivery charges.
8 INTERNATIONAL DELIVERY
8.1 We deliver our Books to anywhere in the world (subject to territorial restrictions of certain Books), however, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Books are destined. We will not be liable or responsible if you break any such law.
9 PRICE OF BOOKS AND DELIVERY CHARGES
9.1 The prices of Books will be as quoted on this Site at the time you submit your order. We take all reasonable care to ensure that the prices of Books are correct at the time when the relevant information was entered onto the system.
9.2 Prices for our Books may change from time to time, but, subject to clause 9.3, changes will not affect any order you have already placed.
9.3 The price of Books includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Books or in full before the change in VAT takes effect.
9.4 The price of Books does not include delivery charges (unless otherwise stated). Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10 HOW TO PAY
10.1 You can only pay for Subscription Services or Books using a debit card or credit card. We accept the following cards: Visa and Mastercard.
10.2 Payment for the Subscription Services or Books and any applicable delivery charges is in advance.
11 OUR LIABILITY TO YOU
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
11.2 We only supply the Subscription Services and Books for domestic and private use. You agree not to use the Service or Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective goods under the Consumer Protection Act 1987.
12 LIMITATIONS IN THE SUBSCRIPTION SERVICES AND EVENTS OUTSIDE OUR CONTROL
12.1 Modifications to Content – we reserve the right to vary the content made available as part of the Subscription Services, and we make no guarantee as to the availability of specific content or the minimum amount of content available.
12.2 Technology Limitations and Modifications - We will make reasonable efforts to keep the Subscription Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Subscription Services, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Subscription Services, or to provide any specific content through the Subscription Services.
12.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.4.
12.4 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.5 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.5.1 we will contact you as soon as reasonably possible to notify you; and
12.5.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Books to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.6 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Books you have already received and we will refund the price you have paid, including any delivery charges.
13 COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
13.2 You may contact us via the methods explained on our “Contact Us” page.
13.3 Any notice or other communication given by you to us, or by us to you, under or in connection with any Contract between us shall be in writing and shall be delivered personally by e-mail.
13.4 A notice or other communication shall be deemed to have been received 1 (one) Business Day after transmission of email.
13.5 In proving the Service of any notice, it will be sufficient to prove such e-mail was sent to the specified e-mail address of the addressee.
13.6 The provisions of this clause shall not apply to the Service of any proceedings or other documents in any legal action.
Terms of Site Use
14 Accessing the Site
14.1 General access to the Site (i.e. if you are not a subscriber) is permitted on a temporary basis and we reserve the right to withdraw or amend any content or services we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
14.2 We may only allow access to some parts of the Site, or the entire Site, to users who have registered with us or purchased a subscription membership.
14.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our registration and security procedures, you must treat such information as confidential and you must not disclose it to any third party.
14.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and terminate your access to the Site and/or the Subscription Services at any time without notice to you if in our opinion you have failed to comply with any of the provisions of these Terms.
14.5 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them. Please note that we currently support the following browsers: Internet Explorer 9, 10 and 11; Chrome (latest version, as it auto updates); Firefox (latest version, as it auto updates); and Safari (latest version, as it auto updates).
15 Intellectual property rights
15.1 All information, graphics, and other material on the Site (Content) is owned and/or controlled by Hardie Grant and/or Bloomsbury or one of their affiliates and is protected by English and international laws relating to copyright and trade marks. You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any right of Hardie Grant or Bloomsbury.
15.2 You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by Hardie Grant or Bloomsbury.
15.3 Cooked and the Cooked logo are trademarks of Hardie Grant. HARDIE GRANT and the dog logo are trademarks of Hardie Grant or one its affiliates. BLOOMSBURY and the Diana archer logo are trademarks of Bloomsbury. Nothing contained on the Site constitutes the granting of a licence or right of use of any trademarks displayed on this Site.
15.4 Unless otherwise stated, Hardie Grant and/or Bloomsbury own and/or control all intellectual property rights in any material displayed, published or included in or on the Site and/or the Subscription Services. For the purposes of these Terms, “material” means material including, without limitation, text, graphics, images, video and sound material. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
15.5 You may download and print extracts from material on the Site for your own personal and non-commercial use only. You must not download or print the material or extracts from it in a systematic or regular manner or otherwise so as to create a database in electronic or paper format comprising all or part of the material appearing on the Site. You may not distribute, transmit or disseminate any part of the material on the Site without our prior permission.
15.6 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.7 You must retain all copyright and other proprietary notices appearing on the Site and you must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us and/or our licensors.
15.8 If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com
15.9 If you print off, copy or download any part of the Site in breach of these Terms your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15.10 We aim to update the Site regularly, and may change the Content at any time. If the need arises, we may suspend access to the Site or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
16. Our liability
16.1 While we endeavour to ensure that the information provided on the Site is accurate and up to date, the material displayed on the Site (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations as to its accuracy, completeness or reliability. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any responsibility or liability for any direct, indirect, special and/or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it (whether caused by tort, breach of contract or otherwise, even if foreseeable).
16.2 You hereby expressly agree that you use the Site ‘as is’ and at your own risk and that any damage or loss arising from your use of it and/or any reliance placed on its contents are your sole responsibility.
16.3 This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
17. Information about you and your visits to our Site
18. Uploading or submitting material to the website
18.1 Whenever you make use of a feature that allows you to upload or submit material to the Site, or to make contact with other users of the Site, you must comply with the Content standards set out below. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty.
18.2 Any material you submit or upload to the Site will be considered non-confidential and non-proprietary, and you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish such material in any format, including without limitation print or electronic format and to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy or that it is defamatory of such person.
18.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
18.4 Publication of any material you submit to us will be at our sole discretion and we reserve the right to make additions or deletions to the text or graphics prior to publication or to refuse publication. We further reserve the right to remove any material or posting you make on the Site if, in our sole discretion, such material does not comply with the content standards set out below. We may also terminate your account for a material breach of the Content Standards set out below, or for repeated breaches of these Content Standards.
19. Content Standards
19.1 These standards apply to each part of any contribution as well as to its whole.
19.2 Contributions must:
• Be accurate (where they state facts)
• Be genuinely held (where they state opinions)
• Be original to you
• Comply with any applicable law worldwide and in particular in the UK and in any country from which they are posted.
19.3 Contributions must not:
• Be obscene, offensive, hateful, inflammatory, incite violence or contain sexually explicit material;
• Advocate, promote or assist any illegal activity of any kind;
• Be defamatory or any person or violate another person’s privacy rights or otherwise contain unlawful material;
• Infringe any copyright, database right or trade mark of any other person or party;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate or are endorsed by us, if this is not the case; and
• Falsely endorse a good or service.
Any area of the Site where registered users can submit details of their profile is intended for individual profiles and not company profiles or information.
19.4 Viruses, hacking and other offences
• You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful or designed to adversely affect the operation of the Site or of any computer software or hardware relating or connecting thereto. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
• By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
19.5 Links from our Site
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. In the event you link to any such third party Site you do so at your own risk.
19.6 Advertising on the Site
Nothing on this Site constitutes an offer for the preparation, placement, or publication of an advertisement. No guarantees are provided regarding the availability of placement. The Site gives indicative information only regarding advertising in the various publications listed on the Site. Any person who wants to place an advertisement within any of the online properties listed on the Site must contact a Bloomsbury or Hardie Grant sales representative in order for rates to be finalised and final bookings to be confirmed. Final rates applicable for any booking will be reflected in the booking order form. Advertising accepted by Bloomsbury and Hardie Grant for the Site is subject to the ordinary terms and conditions set out in the order form or rate card and is between Advertiser, Hardie Grant and/or Bloomsbury for the Site as is relevant to the particular online property which will carry the advertisement.
19.7 Third-party material
You may see advertising or other material submitted by third parties on the Site. Any third party uploading or submitting content or information for inclusion on the Site is solely responsible for such content and information, including ensuring that it complies with all relevant legislation and/or common law, regulations and/or codes of practice. We accept no responsibility or liability for the content of advertising or other third party material submitted to the Site including without limitation the lawfulness of such content or any error, omission or inaccuracy therein.
19.8 Contact us
IF YOU HAVE ANY CONCERNS ABOUT MATERIAL WHICH APPEARS ON OUR SITE, PLEASE CONTACT INFO@COOKED.CO.UK. THANK YOU FOR VISITING THIS SITE.
OTHER IMPORTANT TERMS
ASSIGNMENT BY US - WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER A CONTRACT TO ANOTHER ORGANISATION, BUT THIS WILL NOT AFFECT YOUR RIGHTS OR OUR OBLIGATIONS UNDER THESE TERMS. WE WILL ALWAYS NOTIFY YOU IN WRITING OR BY POSTING ON THIS WEBPAGE IF THIS HAPPENS.
ASSIGNMENT BY YOU - YOU MAY ONLY TRANSFER YOUR RIGHTS OR YOUR OBLIGATIONS UNDER THESE TERMS TO ANOTHER PERSON IF WE AGREE IN WRITING.
Third Party Rights - The Contract is between you and Hardie Grant for the Subscription Services or you and Hardie Grant or Bloomsbury (as applicable) for the Books. With the exception of Bloomsbury in respect of any Contract relating to the Subscription Services, no other person or entity shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Unlawful Provisions - Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Waiver - If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Governing Law - Please note that these Terms are governed by English law. This means a Contract for the purchase of Subscription Services or Books through this Site and any dispute or claim arising out of or in connection with it will be governed by English law, wherever you live in the world. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.