Terms & Conditions
Cookingbooking.com (Blue McGee Pty Ltd) Terms and Conditions
1. About this website
Website Owner = Blue McGee Pty Ltd (ABN 30 164 878 737, “ Blue McGee”) (Domain name = http://www.cookingbooking.com, the “website”)
3. Your access/use implies agreement
4. Modifications to the Terms
5. Modifications to the information
Blue McGee does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Blue McGee.
6. Errors and problems
Blue McGee does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
7. License and Ownership
The copyright for the content on this website is owned or licensed by Blue McGee and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Blue McGee. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Blue McGee.
9. Feedback, suggestions, comments or requests
Blue McGee encourages you to make feedback, suggestions, comments or requests (“comments”) Comments relating to culinary experiences that you have attended should be left on the relevant culinary page. Comments/feedback relating to use of the Cooking Booking website may be made to firstname.lastname@example.org . If you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Blue McGee is under no obligation to keep such information confidential, and Blue McGee will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
9. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Blue McGee. Blue McGee makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Blue McGee may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Blue McGee website.
10. Inbound links
Blue McGee generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Blue McGee. However, linking to any other page of the website is strictly prohibited, without express written permission from Blue McGee.
The law applicable to use of the website and to disputes arising out of the use of the website is the law of the State of Victoria, Australia.
12. Disclaimer of Warranties
Blue McGee makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
13. Limitation of Liability
If Blue McGee is found responsible for any damages, Blue McGee is responsible for actual damages only. In no event shall Blue McGee be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
14. General Conditions of Sale
The following Conditions of Sale shall apply to any product, service or booking sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Blue McGee with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Blue McGee that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product or place a booking for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Blue McGee reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Blue McGee only comes into existence when Blue McGee forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
g. You shall notify Blue McGee within 7 days if you have experienced any disappointment in dealing with either Blue McGee or any of the culinary businesses listed on the Cooking Booking website. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements.
h. Ownership and property in the culinary experiences re-sold through the Cooking Booking website shall pass from Blue McGee to you the customer. Should any dispute arise between you and a culinary experience provider Cooking Booking will attempt to facilitate a resolution for both parties. However, resolutions are dependent on the terms and conditions of the individual culinary tourism businesses listed on the Cooking Booking website.
i. Blue McGee shall not be responsible for non-delivery or the cancellation of culinary experiences due to force majeure and you and Blue McGee shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If you wish to cancel a booking as a result of force majeure it will be at the discrecion of the 3rd party culinary business as to whether you are reimbursed for your booking. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from either listing a culinary experience on cookingbooking.com and receiving bookings or booking a culinary experience on cookingbooking.com (this includes purchasing a gift voucher) and indemnify Blue McGee in respect of any such use. No liability will be accepted by Blue McGee for any incidents or accidents that occur when you are carrying out, facilitating or attending (as a client) a culinary experience listed on cookingbooking.com. All risk lies completely with the culinary business or supplier and the attendee or customer.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Blue McGee implied by the Goods Act, 1958.