CooksClub is operated by The Community Market Trading Company ACN 29 158 232 154 (Community Market) Sydney, Australia
Purpose and Vision
CooksClub is about food lifestyle. Our vision is family & social, food management, skills development, and the promotion of home cooking. CooksClub is not Facebook or Twitter. It is not an environment for advancing political opinions or other broad activities. Food lifestyle is what we are all here for.
Respecting people’s time, attention, personal choices, and personal boundaries is essential to creating safe and trusting communities. Be respectful in interactions with people and in content posted on the platform.
CooksClub monitors and restricts behaviours that are dishonest, undermine the integrity of the Club, violate personal boundaries, or serve to intentionally upset people.
Appropriate Comment & Content
Be aware that CooksClub accepts members from the age of thirteen. Publicly shared comments, content and images must therefore be appropriate for general audiences.
Members may establish their own Groups or Forums where the group organiser may manage access and therefore determine and moderate what may be appropriate in serving the objectives of the group, within that group member environment.
CooksClub, as well as any Group or Forum Moderator or Administrator, may determine in their sole opinion if comment or content is not appropriate. Any material deemed inappropriate may be immediately removed without contact or explanation. A person posting such material may be blocked from a Group or Forum without prior warning or discussion.
Where-ever possible, CooksClub will act to protect Members from behaviours that are threatening, intentionally malicious, or personally harmful–physically, emotionally, or mentally. Club administration may be considered to take an over-protective stance in such matters. People who are deemed to have offended in respect to appropriate comment or content may have their account suspended or closed without discussion, consultation or appeal process.
CooksClub discourages food criticism, being unnecessarily negative comment, in respect of people’s cooking abilities, outcomes, attempts or presentation. Unnecessary, spiteful, or otherwise negative comment in respect of people’s food choices or diet preferences will not be tolerated.
Comment and Message Respectfully: Don’t Spam
Comment, content or other contributions that are irrelevant, impersonal, unsolicited, promotional, or repetitive is considered to be spam. Members are encouraged to promote their cooking activities on their own page, however unsolicited promotional content or links may not be posted to any other Member, Group or Forum timeline or activity stream under any circumstances.
Commercial Content & Activities
CooksClub presents a forum for commercial cooking activities including cooking classes, experiences, and a marketplace. Commercial activity is controlled in order to maintain the amenity and primary purpose of the Club.
CooksClub receives revenue from such activities in the form of Club fees or commissions. Such income is essential to fund Club administration and facilities. Therefore, in order to undertake commercial activities within CooksClub each Member must first apply and be accepted as an Aficionado or Provedore and must have paid any and all required fees.
CooksClub is specifically focused on being a family and social community. The minimum age for membership is thirteen.
Copyright and Intellectual Property
CooksClub respects the intellectual property rights of others. Any member that posts content to CooksClub warrants that they have all addressed all rights as may be required for such publication. This may apply to any or all content or images, but it is particularly relevant in CooksClub in relation to recipes.
At no time will CooksClub attempt to be the arbiter of copyright or intellectual property law. For the purposes of administering CooksClub we will apply the following policy and processes:
So many recipes have unknown origins and date back through time. A list of ingredients alone is therefore not generally considered as copyright protected, even when presented in the same order and described in the same terms as may be presented in another recipe.
Where a CooksClub Member cooks a recipe and in so doing amends the process, adds notes or otherwise contributes to the information being presented, they may re-type and publish the full recipe in their own words, using their own name and images, without further attribution.
At a minimum, a recipe is considered to comprise of a Title, list of Ingredients and a Method.
Copyright of images is considered the property of the photographer unless assigned to another, such as the recipe author, or shared in a manor that deals with or disclaims the requirement for royalties and/or attribution.
For the purpose of promoting home cooking, CooksClub will share recipes that are publicly published and originate from other online media, subject to the following:
Only the title, image, description and ingredients are presented
Attribution and acknowledgement for the author, where identified, is provided
The original site name is identified together with a link-back for access to the original full recipe and cooking method.
Where any recipe author or food photographer feels that their intellectual property rights are being infringed in any way through the application of the above, they may contact CooksClub founding member (email@example.com) to have any material presented on CooksClub considered to infringe their rights, identified and immediately removed.
Members, Groups or Forums must not present information or content that is deliberately false, misleading or deceptive, or promote events that contain dietary or medical misinformation, including:
A group created with the sole purpose of making a statement or sparking controversy
Any material that is not fact-based or scientifically proven
Assurances of health cures or mental cures
Unrealistic health, diet, and weight-loss claims
Claims that have been scientifically disproven and that may pose a public or personal health risk
Assurances of financial gains or benefits
Groups must not publish content or promote events that involve regulated services provided by licensed therapeutic, medical or legal professionals.
To access and use the Program, you first need to register with CooksClub and set up an account by providing your first name, last name, email address and a password (your Account). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account. CooksClub Membership may not be anonymous. Legal names must be used, though username aliases (@Nicknames) will be the form of identification for Members within CooksClub.
If you believe your Account has been compromised or misused, contact us immediately at firstname.lastname@example.org.
Communication and Content Policy
Upon and as part of the membership application, Members agree and elect to receive emails and other communications from the Club relating to the status of their membership as well as for offers, rewards and promotions that relate to Aficionados, Provedores and Brand Partners.
The Club platform may contain links to other websites. CooksClub is not responsible for and does not necessarily control the content of any website linked to or from the platform. Any links to or from other websites are for Members convenience only and CooksClub makes no warranty or representation regarding and, unless expressly stated, does not endorse the owner/sponsor of any website or any content appearing on those websites. CooksClub disclaims all warranties, express and implied, as to the accuracy, security, virus control, validity, and legality or otherwise of any materials or information contained on such websites.
CooksClub assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. Members must provide a valid email address. CooksClub reserves the right, in its sole discretion, to cancel or suspend any communications, sales or promotional or commercial activity represented on the platform should the platform websites or applications be compromised in any way or should any causes beyond the control of a CooksClub corrupt the administration, security or proper function of this Site. CooksClub does not warrant the accuracy or completeness of the material or the reliability of any material, advice, opinion, statement or other information displayed or distributed through the platform. Members acknowledge that any reliance on any such material, opinion, advice, statement, memorandum or information will be at the Members own risk.
Where provided within the platform or its links, Members may have access to send and receive electronic mail, engage in conferences forums and chats, download and upload files and otherwise use the platform as permitted by these Terms and Conditions, within the operating policies of your CooksClub and applicable law. A Members participation in on-line communications, groups, forums and communities, may occur in real time and might not be edited, censored, or otherwise controlled by the Club. CooksClub does not and cannot review all communications and materials posted or uploaded to the platform and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. CooksClub reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) encouraging conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) harmful, offensive or otherwise in violation of these Terms and Conditions or the operating policies of CooksClub and or your group or any third party publishers. CooksClub may immediately terminate the account of any Member considered in breach of these Terms and further disclose the identity of anyone posting such communications or materials when required by law or requested by any law enforcement authorities or by court order. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of CooksClub, or any associated entity.
CooksClub do not represent that the contents of the platform are appropriate or available for use in countries outside Australia
Use of CooksClub Platform
Community Market as the service provider owns, or is the licensee to, all right, title, and interest in and to CooksClub, the platform and its applications, including all rights under patent application, copyright, trade secret, trademark, and any and all other proprietary rights, including all platform, renewals, extensions, and restorations thereof. Neither you nor any Group may modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any platform element or application and you will not remove, obscure, or alter Community Market’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any CooksClub application.
CooksClub grants all Members and Groups the right to use the platform and Program only as specified within these Terms and other operational instructions or information as presented on the platform to define the Program. Ordinary Members may use CooksClub only for their personal use. You must comply with all applicable laws and third party terms of agreement when using CooksClub.
You agree not to reproduce, copy, sell, resell, or exploit for any purposes any content or aspect of the Program (other than your own content). When you give us or post content on CooksClub, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites.
Other Legal Conditions
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
If any provision of these Terms and Conditions or portion thereof, is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a Member.
Any failure by CooksClub to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions. your CooksClub may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Members.
In these terms and conditions:
“CooksClub” or “Club” refers to a specific application or platform operated by Community Market designed for family & social, food management, skills development, and the promotion of home cooking.
“Member” means a member of the Public who applies for Membership and is accepted by the CooksClub as a member by way of allocation of a Members Account Number, and remains so registered;
“Member’s Account” means the account set up for a Member within CooksClub to record information required for the purpose of conducting the Club;
“Offer Terms and Conditions” means any policies or details used to describe an offer or promotion that may be presented from time to time by CooksClub including terms and conditions legally required to present an offer or promotion within a State or Territory of Australia as communicated on the platform for that offer.
“Platform” means the CooksClub website, application, app or any such online device or venue as may be used from time to time to convey or conduct CooksClub activities and communicate with CooksClub Members.
“Provedore” refers to a merchant or business that is participating by advertising on CooksClub or the platform. A business may participate as a Provedore only.
CooksClub complies with the provisions of the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000 that regulates the collection, storage, quality, use and disclosure of personal information and sensitive information, and ensures that you are given certain rights in respect of this information.
We have adopted the National Privacy Principles (“NPP”) published by the Privacy Commissioner and operate in accordance with those principles.
CooksClub is an online platform that allows users to collaborate, share information and attend or conduct related online services, together the “Service”.
What kinds of information is collected?
CooksClub captures the content, communications and other information you provide when you use the Service, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (such as metadata), such as the location of a photo or the date a file was created;
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Any information that you enter in a contact form may be used for analytical purposes including providing and/or improving the Service, or in other features of the CooksClub platform.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Content, communications and information that other people provide when they use the Service. This can include information about you, such as when they share or comment on a photo of you, send a message to you, or upload, sync or import your contact information;
All communications with other users of the Service; user communications, feedback, suggestions and ideas sent to your Organisation; billing information; and information that you provide when you or your Organisation contact or engage platform support regarding the Service.
How does CooksClub use this information?
The content and information supplied by you and other users is simply shared and applied, according to the privacy settings applied by you in your account, in order to provide and support the Service. Examples of such use include:
Communicating with users and group administrators regarding their use of the Service;
Personalising your and your Organisation’s experiences as part of our provision of the Service;
Developing new tools, products or services within the Service for the benefit of all Club Members;
Associating activity on the Service across different devices operated by the same individual to improve the overall operation of the Service;
To identify and fix bugs that may be present; and
Conducting data and system analytics, including research to improve the Service.
Disclosure of information
CooksClub will not disclose your personal information, or make it available to any entity outside of CooksClub for any reason, except with your consent for the purposes of providing the Service, or in other circumstances where such disclosure is permitted, or required, under the Privacy Act or other legislation.
Content and images posted by you may be published, shared and otherwise featured within the Service, such as in the CooksClub Magazine as well as in other pages throughout the platform;
Recipes and other cooking information captured or collected by you may be shared in accordance with the privacy settings of your account;
Information required to protect the safety of any person; to address fraud, security or technical issues;
Information required in connection with a subpoena, warrant, discovery order or other request or order from a law enforcement agency; and
Information required in connection with a substantial corporate transaction, such as the transfer of the Service, a merger, consolidation, asset sale or in the unlikely event of bankruptcy or insolvency.
Accessing and modifying your information
You may access, correct or delete information that you have uploaded to the Service using the tools within the Service (for example, editing your profile information or via the Activity Log). If you are not able to do so using the tools provided in the Service, you should contact your Organisation directly to access or modify your information.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Third-party links and content
The Service may contain links to content maintained by third parties that CooksClub does not control. You should review the privacy policies of each website that you visit.
If you would like to stop using the Service, you should contact your Organisation. Similarly, if you stop working for or with the Organisation, the Organisation may suspend Your Account and/or delete any information associated with Your Account.
It typically takes about 90 days to delete an account after account closure, but some information may remain in backup copies for a reasonable period of time. Please note that content you create and share on the Service is owned by your Organisation and may remain on the Service and be accessible even if your Organisation deactivates or terminates Your Account. In this way, content that you provide on the Service is similar to other types of content (such as presentations or memos) that you may generate in the course of your work.
Information Storage and Security
We take reasonable safeguards to ensure that records held by us, which contain your personal information, are protected against loss, against unauthorised access disclosure use or modification, and against other misuse. We will also do everything reasonably within our power to prevent unauthorised use or disclosure of any personal information contained in any record that we may need to give to any third party.
Risks of Using the Internet
Transmitting information via the Internet carries a security risk, which we cannot and will not attempt to control. Before using the Internet for communication, please assess the attendant risks, and proceed only if you are prepared to accept those risks.
Accountability and Feedback
You can obtain more information about your rights and about remedies of any breaches from the Privacy Commissioner on Hotline 1800 023 985. Or you may contact CooksClub in relation to your data at email@example.com.