Welcome to The Mocktail Mix Website (Site). These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.
Use of this Site
- The Publisher, as set out at the end of these terms (The Mocktail Mix), is the owner and operator of this Site.
- Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
- The Mocktail Mix may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. The Mocktail Mix will include on the Site the date on which it last made amendments to these terms.
Content and functionality of the Site
- The Mocktail Mix may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, The Mocktail Mix will not be liable to any User or to any third party should it exercise such rights.
- In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and The Mocktail Mix will have no liability to you in such circumstances subject to the remainder of these terms.
Intellectual Property
- All intellectual property in relation to content on this Site belongs to The Mocktail Mix or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by The Mocktail Mix. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
- The logos of the Site are trademarks of The Mocktail Mix or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
- The Mocktail Mix does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. The Mocktail Mix otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a) The Mocktail Mix does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at The Mocktail Mix’s sole discretion and without notice.
b) The Mocktail Mix will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
c) The Mocktail Mix does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that The Mocktail Mix or the server that makes it available, are free of viruses or bugs. - Where permitted under local law, including the ACL, liability of The Mocktail Mix, for any breach of a term or condition implied by law is limited at The Mocktail Mix’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, The Mocktail Mix cannot limit its liability in this manner if you establish that it would not be fair or reasonable for The Mocktail Mix to do so.
Third Party Content & Links
- This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
- This Site may include links to third party sites which are not related to The Mocktail Mix and in relation to which The Mocktail Mix has no control or interest. The appearance of those links on this Site does not indicate any relationship between The Mocktail Mix and that third party or any endorsement by The Mocktail Mix of that third party, its site or the products or services which it is advertising.
Contributing Content
- When you submit content to The Mocktail Mix in any format, including any text, photographs, graphics, video or audio, you grant The Mocktail Mix a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
- The Mocktail Mix reserves the right not to use the content you submit.
- You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
- You indemnify The Mocktail Mix against any and all legal fees, damages and other expenses that may be incurred by The Mocktail Mix as a result of a breach of the above warranty.
- You waive any moral rights in your contribution for the purposes of its submission to and use by The Mocktail Mix in accordance with these terms.
General
- Users must not use this site for any purpose or in any way which is unlawful.
- These terms shall be governed by and interpreted in accordance with the laws of the state or territory set out below.
Affiliates
For the purposes of these Terms of Use and the operation of this Website, The Mocktail Mix’s affiliates are the companies which where attribution is present publish recipes listed.
Booking Advertisements
Nothing on this Website constitutes an offer for the preparation, placement, or publication of an advertisement. No guarantees are provided regarding the availability of placement. The Website gives indicative information only regarding advertising in the various publications listed on the Website. Rates quoted are not binding on The Mocktail Mix or any of its affiliates. Any person who wants to place an advertisement within any of the online properties listed on the Website must contact a The Mocktail Mix 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 The Mocktail Mix sales is subject to the ordinary terms and conditions set out in the order form or rate card and is between Advertiser and The Mocktail Mix sales or such other The Mocktail Mix sales affiliate as is relevant to the particular online property which will carry the advertisement.
Rates and Specifications
The Mocktail Mix does not warrant the accuracy of the Content. All rates and specifications are subject to change at The Mocktail Mix’s sole discretion and without notice. The list of online properties may also change at any time and no warranties are made in relation to the continued publication of the listed online properties or sections. All rates stated are exclusive of GST and other applicable taxes, which must be paid by the Advertiser. Rates are not inclusive of publishing costs associated with placement of advertising material. Publishing costs are also payable by the Advertiser.
All planned editorial content, including features, sections and special reports to be included in The Mocktail Mix’s online properties is subject to change or cancellation without notice.
Indemnity
Each person using or accessing any part of the Website indemnifies The Mocktail Mix, its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website.
The Mocktail Mix does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, The Mocktail Mix excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:
(a) The Mocktail Mix does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at The Mocktail Mix’s sole discretion and without notice.
(b) The Mocktail Mix will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(d).
(c) The Mocktail Mix does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that The Mocktail Mix or the server that makes it available, are free of viruses or bugs.
(d) Liability of The Mocktail Mix, for any breach of a term or condition implied by law is limited at The Mocktail Mix’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify The Mocktail Mix and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Liability
The Mocktail Mix does not accept any liability for loss or damages (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of reliance on the Content or any other information incorporated into the Website by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not The Mocktail Mix was aware or should have been aware of the possibility of such damage.
The Content is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its Content and that they rely on it entirely at their own risk.
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of The Mocktail Mix for any breach of a term or condition implied by law is limited, at The Mocktail Mix and its affiliates option, to the supply of any service again or the payment for the cost of having any service supplied again.
Privacy Policy
The Website is operated in accordance with the The Mocktail Mix Privacy Policy.
Attention: Contributors
RE: Recipes currently being published on the TheMocktailMix.com Website (referred to here as the Website).
– The Mocktail Mix licenses or owns or has permission to use recipes published on the Website or they are in the public domain.
This notice is to ensure that there are no recipes being published by The Mocktail Mix on the Website that they do not own or have the license in regard to (referred to here as a Recipe).
Should you identify a Recipe to which you have the right as owner, The Mocktail Mix requests that you contact us at info@themocktailmix.com.
This notice does not apply to recipes where there is an existing agreement between The Mocktail Mix and Contributors.
Member names and user information
The Mocktail Mix encourages the use of usernames (e.g. LuvMocktails) rather than your actual name, to protect your privacy. We require members to include the following The Mocktail Mix registration information:
- Name
- Email address
Failure to include correct information outlined above will be seen as a breach of the user agreement.
Please refrain from choosing offensive usernames and never post a message under another person’s name or pretend to be another person. When commenting on TheMocktailMix.com, your username is the only personal information that is displayed. Your real names and email address will never be displayed publicly unless otherwise specified by you.
The username field is compulsory and must be unique. If the name you select is already in use you will be prompted to choose a different one. You should be aware that your username will be published anywhere you make a contribution to the site.
Important note: Please use careful consideration when choosing your TheMocktailMix.com username, as it will be published on the TheMocktailMix.com website and may be published in any extensions of the TheMocktailMix.com brand or its properties.
User ratings, reviews & comments
At the discretion of the TheMocktailMix.com Administrator or Editor, user ratings, reviews & comments may be edited or removed due to foul language, spam posting, inappropriateness, etc. Breaches of this user agreement may result in website users having their membership restricted or deleted without warning.
TheMocktailMix.com may at any time republish user ratings, reviews & comments elsewhere on TheMocktailMix.com or in any extensions of the TheMocktailMix.com brand or its properties.
The Mocktail Mix will not be held responsible for any comments made on TheMocktailMix.com website or its channels.
Data downloads
You are responsible for downloads and any costs associated with downloading, including unauthorised access to your account and associated downloads. You acknowledge that anyone that knows your username and password will be able to download and any associated costs or liability are your responsibility.
Data security
You can find our privacy policy here. The Mocktail Mix strives to ensure the security, integrity and privacy of personally identifiable information of our customers. No data transmission over the Internet or storage can be guaranteed to be totally secure.
* In following sections marked with the asterisk, a reference to “you” is a reference to you and those members of your household whom you have authorised to use your username and password in accordance with these terms and conditions.