Simple Savings International Pty Ltd (ACN 057 929 905) of Buderim QLD Australia 4556 (Simple Savings), is the owner of the website powercooking.com.au which contains information, advice and tips about preparing and cooking recipes which have been created by Simple Savings (Content).
Simple Savings agrees to make the Content available to persons (Users) who:
login and use the powercooking.com.au website (Website); and
agree to these terms and conditions (Website Terms).
Simple Savings may change any part of these Website Terms at any time, and while it will use reasonable commercial endeavours to notify you of such changes, it is the User’s sole responsibility to regularly review these Website Terms to ensure they are acceptable. Any changes to these Website Terms will be effective and apply from the time which such changes are published in these Website Terms or as otherwise stated in the updated Website Terms.
Use of the Website
Subject to the User’s compliance with these Website Terms, Simple Savings grants the User a non-transferable and non-exclusive licence to access and use the Content in accordance with these Website Terms, from the date of registration until these Website Terms are terminated by either party.
The User acknowledges and agrees:
Simple Savings is the owner or licensee of all intellectual property and other related rights, title and interest in the Content;
the Content and the Website are provided to the User for entertainment and general interest purposes only and is at the Users own risk;
they must only use the Content for their own personal and non-commercial purposes and must not modify, transmit, distribute, copy, republish, adapt or exploit in any way any part of the Content or Website without Simple Savings’ prior written consent, which may be granted, withheld or granted with conditions in Simple Savings absolute discretion;
they must not use, modify, transmit, distribute, copy, adapt, or exploit the Content to produce any materials for commercial exploitation;
they indemnify Simple Savings and its officers, employees, agents and contractors (People) from and against all claims, loss, expense and damage which may directly or indirectly arise in connection with:
any use of the Website or Content, including any reliance by the User on any part of the Content; and
the User’s breach of these Website Terms;
Simple Savings and its People or licensors are not liable to the User or any third party for:
any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Content, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not Simple Savings is or ought to have been aware of, or advised of the possibility of such loss, costs or damages; or
any personal injury, including death, caused by access to, use or misuse of the Content;
without limiting any other clause of this Agreement:
Simple Savings does not represent or warrant the Content is current, accurate, complete, effective or reliable, and gives no guarantee that the cooking tips, recipes and information contained in the Content are suitable for the User; and
all conditions and warranties concerning the delivery of the Content by Simple Savings through the Website or the Content itself (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which cannot be excluded, Simple Savings’ liability to the User is limited to the remedies contained in section 64A of the Australian Consumer Law, which the User agrees is their only remedy;
any remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms;
to inform Simple Savings of any error in the Content which the User finds. Simple Savings may use such information in any way it sees fit;
they may download the Website any number of times onto different devices while the Website is available and these Website Terms will apply to and govern the User’s use of such copies;
Simple Savings is not liable or responsible to the User or any third party for any delay, failure, interruption, or corruption of any Content transmitted to the User and Simple Savings does not accept liability or responsibility for any interference or damage to the User’s device which may arise in connection with their access of the Content.
Termination of these Website Terms
These Website Terms may be terminated immediately by Simple Savings if the User breaches or allows or authorises a breach of any of the provisions of these Website Terms.
Termination of these Website Terms:
1..constitute termination of all licences granted by Simple Savings to the User under these Website Terms; and
1..is without prejudice to the rights and obligations of Simple Savings and the User accrued or incurred in relation thereto prior to the date of termination.
Simple Savings does not warrant that any systems it or any third party operates to provide access to the Content is functioning correctly and does not warrant that it will continue to do so.
Simple Savings is not responsible or liable to the User for any failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond its reasonable control, including without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted or read down to the extent necessary to overcome the difficulty.
Simple Savings does not provide any technical support in relation to the Website or access to or use of the Content by the User. General inquiries may be directed to Simple Savings by email to firstname.lastname@example.org, however, Simple Savings does not guarantee it can provide any solution to any technical issues or difficulties.
The Website Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of the Website Terms, whether orally or in writing. The User expressly acknowledges they have not been induced to enter into the Website Terms by any representation (verbal or otherwise) made by or on behalf of Simple Savings which is not set out in the Website Terms.
These Website Terms are governed by and construed in accordance with the law of New South Wales, Australia, and the User irrevocably submits to the jurisdiction of the courts of that State.