Subscription terms | Dani Valent

Subscription terms

Subscription terms 2018-04-26T08:51:22+00:00

DaniValent.com Subscription Terms

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Introduction

These Subscription Terms (Subscription Terms) govern the terms of your subscription to a library of content offered on www.DaniValent.com, previously DaniValentCooking.com (Website). The use of the Website is governed by the Terms of Use (below) . By subscribing to the Website you agree to be bound by these Subscription Terms as well as the Website Terms of Use.

The websites www.DaniValent.com and www.DaniValentCooking.com (Website) are provided by Dani Valent Cooking Pty Ltd (ABN 86 609 415 429) (Dani Valent, Dani Valent Cooking, we, us).

Subscription/Membership Package

By purchasing a subscription (also known as membership) to the Website you will have access to an existing collection of Dani Valent content, such as videos and recipes on sign up and receive additional new Dani Valent content each subsequent week.

From time to time Dani Valent may offer additional content. This additional content may not be part of the subscription and further charges may apply should you wish to access such content. We will inform you if additional charges apply and what they are and you will need to accept such charges and make payment before the content will be accessible to you.

Creating an account

In order to activate your subscription you will be required to create your own unique subscription log in (user name and password). It is your responsibility to keep these details secure.

We rely on your subscriptions to make this site great, so if we detect unreasonable use of your log in (such as concurrent use of your log in details at different locations,) we reserve the right to suspend or terminate your subscription.

Pricing

When you purchase a subscription to the Website, you will be asked to elect whether you will subscribe on an annual, three-monthly or monthly basis and the applicable price for each option will be made clear during the order process. You agree to pay the price stated at the time of your order and you also agree to the billing frequency stated at the time of your order.

Dani Valent Cooking Pty Ltd reserves the right to change the pricing at any time. Any such change will not affect the current billing period that has already been paid in full. We will provide you with 30 days’ notice of any changes to pricing and any such changes will take effect from your next billing date after the notice period. If you do not agree to the revised price you may cancel your subscription, such cancellation only to take effect from the next billing cycle after the notice period.

Payment

Dani Valent Cooking Pty Ltd uses a third party payment facility (currently Stripe, www.stripe.com/au and Paypal) to collect and process your subscription payment. Such collection and processing will be subject to the third party’s terms. Dani Valent Cooking Pty Ltd will therefore not collect or store your credit card details or billing information. It is your responsibility to provide valid and correct payment details at the time you submit your order. Your payment details must be verified before your subscription will be activated. Dani Valent Cooking Pty Ltd reserves the right to reject any subscription order at any time. Please refer to the Refunds section below for details on refunds.

Refunds

Dani Valent Cooking Pty Ltd loves happy subscribers. If for some reason you are dissatisfied with your subscription we would love to hear about it and try to help out. Although monthly and three-monthly subscriptions are non-refundable, we will consider a pro-rated refund for cancellations of annual subscriptions.

Warranties

Subject to the paragraph below, you acknowledge and agree that the information, content and products included in your subscription or featured on the Website are provided on a “as is” and “as available” basis and without any warranty of any kind, express or implied. We do not guarantee that the subscription content will be error free or that it will operate continuously.

Certain laws provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services.  Nothing in these Subscription Terms is to be taken to exclude, restrict or modify any guarantee, condition or warranty in relation to the Website or the content and services provided as part of your subscription, that Dani Valent Cooking Pty Ltd is prohibited by law from excluding restricting or modifying.   If such a statutory guarantee applies to these Subscription Terms and Dani Valent Cooking Pty Ltd breaches it, Dani Valent Cooking Pty Ltd accepts liability for such breach, but, where it is lawful to do so and fair and reasonable to do so, Dani Valent Cooking’s liability is limited to the resupply of the relevant goods or services or payment of the costs of resupplying the relevant goods or services.

Liability

By subscribing to the Website you assume all risk of use of all features of the Website and release Dani Valent Cooking Pty Ltd and Dani Valent from all responsibility for any consequences of your use of the Website.

Dani Valent Cooking Pty Ltd is not liable to you or any other person for damages or loss of any kind, including any indirect, consequential, incidental or special damages, or loss of profit, loss of revenue, business interruption, loss of data, loss of goodwill arising from or in connection with the use of the Website, whether in contract, negligence or other tort, even if the possibility of such damage or loss has been notified to us.

Privacy

Privacy is important to us. Any personal information disclosed by you or collected by Dani Valent Cooking Pty Ltd will be dealt with in accordance with our Privacy Policy which can be found here.

Governing Law

These Subscription Terms are governed by the laws of the state of Victoria, Australia, and you agree that all subscriptions provided shall be deemed to be provided in Australia, regardless of your location. In the event of any disputes in relation to the Website, the courts of the State of Victoria, Australia will have non-exclusive jurisdiction.

 

DaniValent.com and DaniValentCooking.com Terms of Use

Head straight to Affiliate Terms

Introduction

The websites www.DaniValent.com and www.DaniValentCooking.com (Website) are provided by Dani Valent Cooking Pty Ltd (ABN 86 609 415 429) (Dani Valent, we, us).

These Terms of Use (Terms) govern your use of the Website. By accessing and using the Website you agree to be bound by these Terms and you agree to adhere to them. If you do not agree to the Terms please do not access or use the Website.

Ownership of Website content

Unless otherwise stated, all Website content is the copyright of Dani Valent/Dani Valent CookingPty Ltd or is licensed to Dani Valent/Dani Valent CookingPty Ltd and may also be protected by other intellectual property laws. Although we don’t mind if you to post links to our site and content or share content via social media, you may not use or reproduce any of the content on the Website without the prior permission of Dani Valent.

Use of the Website

The Website may be used for personal, non-commercial purposes only.

You must not use the Website for any activities that:
(i) breach any laws or regulations or infringe third party rights, including intellectual property rights; or
(ii) are obscene, defamatory, offensive or discriminatory.

You agree that you will not use the Website to make any fraudulent enquiries, bookings or requests.

You must not transmit any virus or disabling feature to or via the Website.

You must not upload or post any content to the Website that:
(i) breaches any laws or regulations or infringes third party rights, including intellectual property rights; or
(ii) is obscene, defamatory, offensive or discriminatory.

Where you post or upload content to the Website:
(i) you warrant that you have the right to submit the content or information/comment (including the copyright in that content or information/comment);
(ii) you warrant that the content, information or comment is your own and that it is an original work;
(iii) you consent to any act or omission which may infringe the moral rights (as that term is defined in the Copyright Act 1968 (Cth)) that you may have in the content, information or comment; and
(iv) you grant Dani Valent/Dani Valent Cooking a non-exclusive, irrevocable, royalty-free, perpetual licence to copy, reproduce, publish, display or alter such content, information or comment for any purpose, in any media (that is now in existence or invented in the future) throughout the world.

Cookies
Cookies are small pieces of data captured by your internet browser when you access online content. Our Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may not be able to fully experience all features of the Website.

Social Media
Dani Valent/Dani Valent Cooking Pty Ltd uses a number of social media sites (including Facebook, Instagram, Pinterest, YouTube and Twitter) and the Website may include a number of social media functions, including consumer reviews, ratings and forums and the ability to interact with other users. We reserve the right to cease the use of any such social media sites and/or social media functions at our discretion.

You acknowledge that each social media site is governed by its own specific terms of use and that any content uploaded or posted by a user to a social media site, including any comment, opinion or statement, is the responsibility of those users and does not necessarily represent the views and opinions of Dani Valent/Dani Valent Cooking Pty Ltd.

You agree that you must not post any content or link to this Website or to any of Dani Valent/Dani Valent Cooking Pty Ltd’s social media sites that does not comply with these Terms.

Dani Valent/Dani Valent CookingPty Ltd reserves the right to moderate any user generated content that is uploaded or posted on the Website or any of Dani Valent/Dani Valent Cooking Pty Ltd’s social media sites and remove any content that, in our opinion, is in breach of these Terms.

Third Party Websites
The Website may contain links to other websites that are owned by third parties. These links are provided for your convenience only and should not be taken as an endorsement (express or implied) of the third party websites. If you choose to access these third party websites, you do so at your own risk.

Warranties

Subject to the paragraph below, you acknowledge and agree that the Website, its operation and the information, content and products included or featured on the Website are provided on a “as is” and “as available” basis and without any warranty of any kind, express or implied. We do not guarantee that the Website will be error free or operate continuously.

Certain laws provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in these Terms is to be taken to exclude, restrict or modify any guarantee, condition or warranty in relation to the Website, that Dani Valent Cooking Pty Ltd is prohibited by law from excluding restricting or modifying. If such a statutory guarantee applies to these Terms and Dani Valent Cooking Pty Ltd breaches it, Dani Valent Cooking Pty Ltd accepts liability for such breach, but, where it is lawful to do so and fair and reasonable to do so, Dani Valent Cooking Pty Ltd’s liability is limited to the resupply of the relevant goods or services or payment of the costs of resupplying the relevant goods or services.

Liability

By accessing and using the Website you assume all risk of use of all features of the Website and release Dani Valent/Dani Valent Cooking Pty Ltd from all responsibility for any consequences of your use of the Website.

Dani Valent/Dani Valent Cooking Pty Ltd is not liable to you or any other person for damages or loss of any kind, including any indirect, consequential, incidental or special damages, or loss of profit, loss of revenue, business interruption, loss of data, loss of goodwill arising from or in connection with the use of the Website, whether in contract, negligence or other tort, even if the possibility of such damage or loss has been notified to us.

Privacy

Privacy is important to us. Any personal information disclosed by you or collected by Dani Valent/Dani Valent Cooking Pty Ltd will be dealt with in accordance with our Privacy Policy which can be found here.

When you sign up as a member of the Website via subscription, you are also agreeing to receive weekly emails and other information from time to time. You may unsubscribe from any and all emails at any time.

Updates

Dani Valent/Dani Valent Cooking Pty Ltd may update the Terms from time to time and any updates to the Terms will be published here. Please make sure you visit this page regularly to view any changes.

Governing Law

These Terms are governed by the laws of the state of Victoria, Australia. In the event of any disputes in relation to the Website, the courts of the State of Victoria, Australia will have non-exclusive jurisdiction.

Ticket Sales and Events

Please read and understand the following terms and conditions as they are binding for all ticket purchases for all events.

Ticket holders must be 18 years old or older at the time of purchasing the ticket.

All sales are final. No refund, exchange or credits will be made available on tickets under any circumstances once they have been purchased, including duplicates purchased in error or non-attendance due to illness or injury.

Tickets are transferrable and details of transfer must be communicated to the Event Coordinator at [email protected]

No third party collection of tickets will be allowed unless written authorisation is issued by the Purchaser and presented to the Event Coordinator.

The resale of tickets is prohibited and the Event Coordinator reserves the right to cancel any tickets that have been resold.

The Ticket Holder voluntarily assumes all risk and danger incidental to the event whether occurring prior to, during or subsequent to the actual event, including any personal injury, loss, damage or liability.

Information is collected from those registering for an event in order to facilitate ticket purchases or other services available. This information is collected and used in accordance with our Privacy Policy, which forms part of these conditions.

Any complaints regarding the event will be directed to and dealt with by the Event Coordinator.

Purchase indicates acceptance of these conditions.

Affiliate Program Terms and Conditions

Please note: The DANIVALENT.COM Affiliate Program is for the sale of DANIVALENT.COM membership products only. These products include Monthly Memberships, 3 Monthly Memberships and Annual Memberships. All other products in the DANIVALENT.COM shop do not form part of the Affiliate Program and any product purchases made through DANIVALENT.COM shop using an affiliates unique URL, other than the membership products aforementioned, will not generate affiliate commissions.

Enrolment: To enroll in the affiliate program, you must register your details using the affiliate registration form. Your registration form will then be sent for review and final approval. As soon as your affiliate registration has been approved you will be notified.

Referral URL: You will be issued a unique URL once you are an approved member of the affiliate program. This will allow you to be paid for affiliate referrals.

Commissions: Affiliates will receive 10% of the revenue as a commission from membership orders placed through properly coded affiliate links (unless noted otherwise for a particular product). Commissions may change at our discretion; you will be notified. For a membership product sale to generate a commission to an affiliate, the customer must complete the order form and remit full payment for the membership product ordered through the secure order system. Commissions are only paid on membership product orders that are completed at DANIVALENT.COM.

Our Lifetime Commission program means affiliates earn commission for the lifetime of a customer. Once the customer uses an affiliate’s referral URL they are linked to that affiliate for all and any membership purchases and membership renewals they make and complete at DANIVALENT.COM for the lifetime of their custom.

If a referred customer visits DANIVALENT.COM shop using an affiliate referral code but is navigated away from DANIVALENT.COM shop to purchase the same or similar membership product from another site, no affiliate commission will be generated for such purchase.

For example, the Entertaining with Dani Valent cookbook appears in the DANIVALENT.COM shop but it is not a membership product and therefore is not part of the affiliate program. Furthermore, the actual purchase of this product is via another website (thermomix.com.au, in this case). Such a purchase does not form part of our affiliate program.

Payments are aggregated and made monthly into your nominated PayPal account.

Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured affiliate links. Properly coded links are the sole responsibility of the affiliate.

The DANIVALENT.COM affiliate program is operated solely by Dani Valent Cooking Pty Ltd. Being part of the program creates no relationship with Thermomix in Australia, Vorwerk or any associated companies or subsidiaries. Any complaints or concerns about this program are the sole responsibility and concern of Dani Valent Cooking Pty Ltd. There is no redress whatsoever to Thermomix in Australia, Vorwerk or any associated companies or subsidiaries.

© Dani Valent 2018