Terms and Conditions

Welcome to the Create a Cookbook website (the “Site”) provided by Create a Cookbook Pty Ltd (“Create a Cookbook”, “we”, “us” and “our”) ABN 421 5164 8154, New South Wales, Australia. By accessing the Site you accept and agree to the Terms and Conditions set out below. These Terms and Conditions may be updated or changed by us from time to time without notice so please take the time to check and read them each time you access the Site. Your acceptance of these Terms and Conditions creates a binding legal agreement between (“User”, “they” and “their”) and Create a Cookbook pursuant to which the User agrees to comply with these Terms & Conditions and uses the Site only in a manner consistent with these terms and Conditions. If the User does not agree with these Terms and Conditions, do not access or use the Site.

Disclaimer

Create a Cookbook is a self-publishing cookbook company who design and print cookbooks. Once the User signs up via the Create a Cookbook website, a 5-step program online video tutorial is providied. The User purchases a set amount of books that are delivered to an address of their choice that they can then sell or give away as gifts.
Create a Cookbook reserves the right not to do business with any User that does not comply with these agreements, and/or to cancel Users accounts that do not comply with these agreements.

Disclaimer of warranty, limits of liability and indemnity

Create a Cookbook is not liable to the User for any loss you suffer in connection with your access or use of the website, Google Drive account, online recipe or sponsorship form and tutorial videos. The User’s Google Drive account and online recipe form account remain shared until the cookbooks are printed. Thereafter the content of the Google Drive and online recipe form will be removed and it is the User’s responsibility to make sure they have a copy of everything before the account is suspended.
To the extent permitted by applicable law, we disclaim any and all implied warranties or conditions, including any implied warranty of title, nonā€infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of the User’s particular needs. No employee, agent, dealer or distributor of ours is authorised to modify this limited warranty, or to make any additional warranties.
Where legislation implies in these Terms and Conditions any condition or warranty that legislation prohibits a contract excluding liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms and Conditions. However, our entire liability and the User’s exclusive remedy for breach of such condition or warranty shall be limited, at our option, to replace the product or service that does not meet the warranty or condition. In no event will we be liable to the User for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use of the site or our services (even if we or authorised dealer or distributor have been advised of the possibility of these damages), or for any claim by any other party.
If the User breaches these Terms and Conditions they agree to fully indemnify us for any loss we suffer. This Site is an Australian website and our access to and use of the Site is subject to the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that state. The User must ensure that their access to the Site is legal by the laws that apply to them.

Third Parties

Create a Cookbook may, at its discretion, use third parties to provide essential services on our site or for our business processes. We may share the User’s details as necessary for the third party to provide that service. These third parties are prohibited from using the User’s personally identifiable information for any other purpose.

Google Drive

Create a Cookbook Pty Ltd uses a third party service of Google Drive Inc. (website: Google Drive.com). All Users of the Google Drive agree to the terms and conditions of this website. All files supplied by Create a Cookbook Pty including various templates and information is copyright and remain the intellectual property of Create a Cookbook Pty Ltd. The User will need to download Google Chrome and open a Gmail account in order to access the files provided by Create a Cookbook in Google Drive.

Online Recipe and Sponsorship Form

Create a Cookbook Pty Ltd uses a third party service of Mach form (www.appnitro.com) to use as the online recipe and sponsorship form. All Users of the online recipe and sponsorship form agree to the terms and conditions of this website. Create a Cookbook provides a login and password via our website, located in the “Submit Recipe” and "Sponsorship" tab.

Intellectual Property and Copyright

Create a Cookbook respects the intellectual property of others and asks and expects that Users do the same.
Termination: Create a Cookbook may, as appropriate and at is total discretion, terminate the User privileges who violate the provisions of the agreements, including any activity that repeatedly infringes on the intellectual property of others.
We encourage any Create a Cookbook User to notify us immediately if they have reason to believe that any material on the Create a Cookbook website or a cookbook created by Create a Cookbook on the intellectual property rights of another. When we become aware of such violations and after we validate that the notification received fulfils the requirements set forth below, we will act immediately and remove the material in question as further described in the Terms and Conditions.
If the User believes that their work is being copied, or used in any way that constitutes copyright infringement (whether on the Create a Cookbook website or in a book created by Create a Cookbook) please provide our Copyright Agent with the following information:
The User represents that the Content that they provide to Create a Cookbook for the cookbook(s) produced hereunder shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right with authorisation, or (b) that is defamatory, trade libellous, unlawfully threatening or harassing, pornography, obscene or harmful to minors, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising.
Create a Cookbook reserves the right to refuse to print any cookbook that contains content that it determines in its sole discretion breaches any of the representations and warranties and covenants set forth above, and the User agrees to indemnify and hold Create a Cookbook and its subsidiaries, affiliates, officers, employees, suppliers, service providers and Partner Companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of these sections.

Copyright

Owner of content

All content provided by the User to Create a Cookbook Pty Ltd, the User does so in the full knowledge that the material it submits is permissible as per the “intellectual Property” condition above. The User is fully responsible for all content printed and Create a Cookbook receives the content in good faith that there is no infringement of copyright and Create a Cookbook Pty Ltd is in no way held responsible.
Unless specifically stated otherwise, all components of final printed cookbooks supplied by Create a Cookbook Pty Ltd including additional copy, graphics, photos etc. are protected by copyright and other intellectual property rights are owned by Create a Cookbook.
All personal images, recipes and other text supplied by the User in the final printed cookbook remains the “intellectual property” of the User. However, the User agrees that Create a Cookbook can use any part of their cookbook for marketing and promotional purposes. Otherwise, Create a Cookbook needs to be informed in writing.
The User may not modify, copy, reproduce, transmit or distribute the content without Create a Cookbook’s prior consent.

Guide to copyright on recipes

The recipe title should be unique to the author who is submitting the recipe. Ingredients are not deemed as creative but technical and therefore there is no copyright issue. However, the recipe method is deemed as creative writing and therefore copyright. The method needs to be written in the author’s own words describing how they made the recipe.
If a User is creating a cookbook using the services of Create a Cookbook and invites contributors to submit their recipes through the online form that Create a Cookbook supplies, the User receives these recipes in good faith that they are their own recipes after notifying the contributor of copyright as per these terms and conditions. The contributor can include that the recipe was inspired by another author, as long as the contributor does not submit the other author’s recipe but changes the recipes method the way they would create it.
Create a Cookbook adds a disclaimer in the User’s cookbook as standard. “Our cookbook features a collection of recipes submitted by contributors and are received in good faith and waive any claim to intellectual property in the recipes published in any other publication, if so, then the similarity is coincidental.

Security Policy

Create a Cookbook accepts payment for sample cookbooks and sign up via a third party company, PayPal (www.paypal.com). All other payments are made via direct deposit or cheque direct into our account.

Indemnification

The User agrees to indemnify and hold Create a Cookbook harmless from, and against, all claims, expenses or liability asserted against Create a Cookbook arising out of or in connection with any breach of any of the terms of this Agreement.

Jurisdiction

This agreement constitutes the entire agreement between the User and Create a Cookbook regarding its subject matter. Should any provision of this agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this agreement will be construed to most closely give effect to the parties’ intention. Failure by Create a Cookbook to enforce any provision of this agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this agreement shall be governed according to international treaty provisions and other applicable laws. We reserve the right to disclose the User’s personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served.

Payment Terms

Once the User submits the Book order form to us (located at the bottom of the homepage on our website), Create a Cookbook raises the first invoice requesting 50% payment. Upon receipt of first payment, full layout commences. Once layout is complete and final artwork is ready to send to the printer, second and final invoice is sent to the User. Upon receipt, final artwork is sent to the printer.

Deposit

Once the User fills in the “sign up” form on our website, an account is set up to access the online recipe form and Google Drive. Google Drive provides all the information and tools needed to create their cookbook. The account is open for a total of 18 months and unless they request an extension of time, the account will be closed. The deposit is refunded once the User goes ahead with printing the cookbook. A refund is not provided if the User decides not to go ahead.

Return policy and distribution

Every precaution is taken to make sure that every cookbook delivered to every User is of the best quality. However, on rare occasions, a faulty cookbook(s) may occur through printing or transit. Therefore Create a Cookbook requires all Users check their cookbooks within 7 days from the delivery date. With the exception of "anomalies" which are not regarded as faults, books can only be sold and distributed after inspection is complete. Once distribution commences, Create a Cookbook does not accept any responsibility thereafter. On the off chance that the User has received one or more faulty cookbooks, it is important that you contact Create a Cookbook within 7 days of receipt. Create a Cookbook provides an extra 4% to cover any unforseen faults or transit damage. If the User has received any damaged or faulty books above the extra 4% provided, then the User is required to send a photo of proof of the damage or fault as well as a detailed description. Create a Cookbook will take immediate action to make things right and organise replacement cookbooks. However, on a case by case basis, Create a Cookbook may organise pick up of the faulty cookbooks for inspection. Create a Cookbook only replaces faulty cookbooks and does not refund.
Anomalies are not accepted as a faulty book. A few examples of "anomalies" include; slight bleed of ink onto an adjacent page; spine-end imperfections; a minor bubble on the cover and the odd corner page curl etc. Create a Cookbook will determine if it is an anomalie, a printing fault or transit damage.
With the exception that the User’s printed book(s) arrive(s) damaged or with a manufacturing or workmanship defect,
Create a Cookbook does not agree to reprint or replace any cookbook if they have been damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken.
Please note that if the User has ordered cookbooks and more than 4% is damaged or faulty, then Create a Cookbook will reprint and replace the amount of cookbooks, above the 4% only.

Distribution and return policy

Once the User has paid for the cookbooks in full , filled in the sign off agreement, and the artwork has been sent to the printer, Create a Cookbook cannot cancel, change or refund thereafter.

Final PDF on screen

Please note that images in the high res PDF file look much more vibrant on a computer screen than in the final printed product. If the User is concerned about the final outcome they can request to have the cover and some of the inside pages printed which are express delivered for approval. This is an extra cost and a quote can be provided. The pre-approval prints are very close but not 100% exact to the final product.

Lamination

All books that are printed in offset CMYK are laminated which can cause the cover image to become a little less vibrant, darker etc. than what is on the User’s computer screen.

Personal images

The User can upload as many personal images as they like into their Google Drive account set up by Create a Cookbook. Please note that Create a Cookbook is not responsible for any images becoming corrupt or lost and it is the User’s responsibility to make sure that they keep a copy of all personal images and not to rely solely on keeping the original copy in the Google Drive account.
All personal images the User decides to feature in their cookbook, Create a Cookbook recommends the following guidelines in order to achieve the best possible quality in the final printed cookbook. (1) If the image is a photo, check that it’s bright with good contrast. If possible, convert the photo image to CMYK and a printer setting of FOGRA39 to achieve the best possible colour print. Various formats can be used including TIF, Jpegs, PDFs and PNG files. To achieve the best quality resolution (and reduce the risk of pixilation in the final printed book) we recommend that the User save the photo(s) to the highest resolution possible (at least 300dpi). If the personal images are supplied in RGB format, we will do an automatic conversion in Adobe Photoshop before commencing layout. We will also advise if we think any of the images are not good enough quality. Any images that we have not picked up on with quality, the printer does a pre-flight check and lets us know if they think any of the images are not 100% good quality.
Create a Cookbook uses a reputable printer and they will print to the best of their ability. Create a Cookbook is in no way responsible for the final printed quality of any images or font styles used. If in doubt, we suggest the User requests some printed pages in advance before going ahead with full print run. We can supply a quote for this service.
The User will have the opportunity to view their final book in print quality view mode and will be able to see if any of the supplied images are low quality and pixelated. To check for pixellation of images, zoom in on the PDF to at least 200-300%.

Printing CMYK colour quality

Create a Cookbook uses a reputable offshore printing company. Whilst the printer works very hard to keep the product as consistent as possible and to the highest quality, on rare occasions, there might be variances in colour fidelity in the final product. This variation is a normal occurrence and is not considered a manufacturing defect in workmanship and does not qualify for a reprint. The quality of the print also depends on the images supplied and fonts used.

Final print quality

The only way to be sure that the print quality is to the User’s expectations, we suggest requesting a few pages to be printed in advance, in particular the cover. We can supply a quote for this service. These are printed in CMYK offset and are a close representation, but not exactly 100% to the exact colouring of the final product, but quite close. Please note that the cover will also have lamination which can also slightly vary the colouring in the final product (the image(s) can become slightly darker).
Due to the relatively small print quantities that we offer (under 100,000), the cost to have a single cookbook printed in offset is too expensive. If however, you would like to see a single copy before going ahead, you can opt to have a copy digitally printed, this is a much cheaper option. Digital printing is different to offset and the colours are not 100% matching in comparison to offset printing. Single digital books are also bound differently too. We can provide a quote including shipping for this service.

Editing & proof reading recipes

Create a Cookbook does not offer the service of editing and proof reading recipes. This is the responsibility of the User. This is so to keep the cost of producing the cookbooks to a minimum. Once the User fills in the book order form, they are confident that all the recipes submitted to us have been fully edited. Thereafter the User is unable to make changes to their recipes. If so, then the User will need to let Create a Cookbook know what the corrections are. These will be made, but a charge applies for each recipe page corrected.

The Photo image library (PIL)

Please read the following terms and conditions outlining the use of the Photo image library (PIL). The User’s acceptance of these terms is an absolute condition of their use of the Create a Cookbook (PIL) and forms a legal agreement between the User and Create a Cookbook. By accessing any service or part thereof under the Create a Cookbook domain, the User agrees and is bound by the terms of this agreement.

Ownership of the (PIL)

All images on the Bookdelish website are the intellectual property of Create a Cookbook Pty Ltd. All images are free of charge and Users can request as many images be used in their cookbook as they like. Some images are licensed to Create a Cookbook and all Users agree to the terms of this license agreement as outlined.
The User agrees to the terms and conditions outlined in the copyright of these images. Any images used by the User will be terminated automatically without notice from Create a Cookbook if they fail to comply with any provisions of this agreement.

Limited Warranty of the (PIL)

Create a Cookbook represents that it has the right to enter into this agreement and has the right to grant this License under these terms.
Except as provided above, the image(s), are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Create a Cookbook does not warrant that the image(s) will meet the User’s requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the image(s) is with the User in the final printed product. The User represents, warrants and covenants that: they will not use the images in any way that is not permitted by this Agreement or any other relevant licensing agreements.
The use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity.
No Monetary Damages: Under no circumstances whatsoever will Create a Cookbook be liable to the User for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if Create a Cookbook has been advised of the possibility of such damages, or for any claim by any other party.

Bookdelish Photo library

Create a Cookbook provides login details to the food image library. This library is located on a separate website. All our food images are high resolution CMYK jpegs in the final PDF. When the User sees the final high res PDF in your Google Drive, please double check the quality of these images making sure there is no pixellation. Create a Cookbook has taken every care to check the colour balance, brightness and overall quality of all our images, however anyone choosing to use images from the Create a Cookbook library, the User does so at their own risk with the final quality printed cookbook.

Sign off agreement form

The sign off agreement form is located on the bottom of the home page on the website. Create a Cookbook provides a high resolution PDF of the cookbook in the User’s Google Drive account. Once the User is happy to sign off, this final PDF version of the cookbook will remain in the Google Drive. It’s the User’s responsibility to check every single page before sign off on the cookbook.
We highly recommend that the User ask other members of the project to look over the cookbook before making the final decision to print. What the User sees in their Google Drive account is what is sent to the printer. The User cannot assume that what they have asked Create a Cookbook to correct in their cookbook has actually been done. It is the User's responsibility to recheck that all changes have been made. It is the responsibility of the User to check every page before filling in the Sign off agreement form.

Printing, delivery and turnaround time

All books are printed offshore. The printer quotes Create a Cookbook in US currency. If there is a large fluctuation in the USD dollar versus AUD dollar, this may result in an increase or decrease in pricing. Our price guide is subject to change without notice. We recommend that the User request a quote to lock in a price if they need pre-approval for their project. However, a maximum of 60 days is given for each quote.
Please note that when the User signs off on the final cookbook, Create a Cookbook takes every care to use the format as outlined by the printer for maximum colour finish. Create a Cookbook uses computers that are calibrated. The final printed product may look slightly different to what you have viewed on your computer screen. This is normal due to everyone’s computer having different calibration settings. The final PDF on screen is always much brighter than the final printed copy.
Printing and delivery turnaround time is an approximate only. To view printing and production turnaround time refer to the Production timeline calculator via the pricing calculator. Once you have selected a price, you can then proceed with the Production Timeline to work out how long your book will take to print and deliver.
The User can decide to either have the books shipped via airfreight or sea freight depending on when they require the cookbooks. We supply prices for both shipping methods.

Delivery via seafreight

Once shipment arrives into the nearest CBD seaport to the User’s location, we will send the User details of collection including weight and dimensions and shipment number. It takes around a week for shipment to clear through customs. During this time the User can organise a road freight carrier to collect the books on their behalf, or else the User can collect them personally from their warehouse. Details are provided for including a contact number to collect the shipment. Once shipment is cleared and ready for collection, the warehouse gives the User a window of 3 days in order to arrange for collection. Thereafter, the carrier’s terms and conditions charge the User a storage fee for each day thereafter the shipment is not collected.
If the User is located within 50kms from the CBD warehouse, they will offer free delivery. Delivery is via a standard truck with no tailgate (electronic external lift). The User will need to organise volunteers to lift the boxes off the truck. Maximum weight of each box is 20kg.
If the User needs to receive their cookbooks by a certain date, Create a Cookbook suggests that the User should work out when they need to send their final signed off cookbook to Create a Cookbook to be printed. Shipping time is only approx. and not exact, and the User should factor in extra time for any unforeseen delays. Delays can be a variety of reasons including misprint and therefore the books have to be reprinted. Delays can also be due to weather conditions out at sea, customs delay, delay in leaving and arriving in Port and also delays with the ship being able to dock due to congestion. Create a Cookbook is in no way responsible for any delayed shipments.

Delivery via TNT airfreight

Create a Cookbook can send the User a few advanced books via TNT express or economy express. This is an extra cost. Prices can be found in the User’s Google Drive. Express delivery is around 3 days (depending on location in Australia) after the books have been printed.
A full comprehensive price list can be found in the User’s Google Drive also providing the option of having all the books delivered by airfreight if preferred.

Supplying final PDF high res artwork

If the User prefers to design and supply their own artwork, Create a Cookbook can supply an Indesign CS6 or lower version template. Final artwork is uploaded into Google Drive whereby the User, Create a Cookbook and the Printer will all be invited to view the artwork. This is the final that will be printed.

Reprints

Reprint prices are as per the latest price list from Create a Cookbook. We of a 5% discount for reprints up to 499 copies, 10% for reprints up to 1499, 15% for 1500 plus. It is better to print slightly more with the initial print run as the cost is much less than doing a reprint. This discount is based on no graphic layout change. However minor corrections to the recipe templates are accepted otherwise Create a Cookbook will quote on a case by case basis determining exactly how much extra work is involved in order to update the User’s cookbook for a reprint.

Customer Support

If the User has any questions, please contact us via email or leave a message on our voicemail and we will return your call. Opening hours are Australian Eastern Standard time Monday to Friday 9am to 5pm.

Submissions

The User acknowledges that Create a Cookbook has no obligation to review the content that they provide, but that Create a Cookbook reserves the right to withhold, remove and/or discard User content in accordance with the current User Content Policies and Terms and Conditions, as posted on the Website, maintain the electronic files for any cookbook to fulfil any future orders which may be placed by the User for such cookbook(s) and maintain an archival copy of the printed cookbook.
Create a Cookbook reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.

Legal Deposit

The State Library of New South Wales (Library ABN: 19 665 924 597) requests under to the Legal Deposit Provision of the New South Wales Copyright Act, that they are entitled to receive from the publisher (Create a Cookbook Pty Ltd) without charge, one deposited copy of every work published in New South Wales. We are also required to provide one book to the National Library in Canberra ACT, Australia. This applies to all books printed with or without an ISBN number. New editions of previously published works should also be deposited. The deposited copy is required to be the best available version of the work. For example, where a publication is in both hardback and paperback the Library should be supplied with a hardback version. In all circumstances the State Library prefers the printed version of the title rather than the CD version. Works deposited under the Act are permanently preserved in the Library and form part of the documentary heritage of New South Wales.

Create a Cookbook Pty Ltd statement

Create a Cookbook is a company that offers small print runs for those wishing to produce a cookbook as a gift, memento, commemoration or fundraiser. If the User decides to use our services, then they do so at their own risk and we are not held responsible for the final outcome unless the books are damaged or faulty.