Terms & Conditions
Please Read These Terms Carefully Before Using this Service
This website www.food.com.au (the “Site”) is made available by Food and Exercise Pty Ltd., ACN 623 090 291, located at 3/30 Eleanor St, Footscray, Vic 3011. This website provides information and tools about Nutrition and Weight Management Control. These Terms and Conditions will be a binding Agreement (“Agreement”) between Food and Exercise Pty Ltd. (“We” or “us”) and the User (“You”).
Acceptance of Terms and Conditions of Service and Modification
This is a legal Agreement for use of FOOD AND EXERCISE PTY LTD’s services (”Services”). By visiting this site or registering for the Services on the site, You agree to follow and are bound by the following terms and conditions (the “Terms”) that we have provided. If you do not agree to them, please do not use the site and do not proceed to register. Your registration and use of the Site constitutes your agreement to all such Terms.
This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the FOOD AND EXERCISE PTY LTD website.
FOOD AND EXERCISE PTY LTD website provides information about Nutrition and Weight Management Control, and insights into advancements in Nutrition and related health conditions. It also provides tools and content to help our users engage more fully with weight control, general health and physical activity. It investigates and produces reports on products and services relating to nutrition/diet that our members can make use of.
The Site is helpful for users who wish to track their food, exercise and other health parameters; and to invite their nutrition or other health professional to have access to such information in order to provide users with further professional advice to improve their weight management and other health outcomes. Any transaction between a User/Buyer and Seller/Supplier of goods/services listed on our Site, is a direct contract between those parties for which FOOD AND EXERCISE PTY LTD does not take any responsibility. Hence, Buyers are expected to use the required degree of care and common sense while entering into such transactions.
A visitor to the Site can view the articles and other content without registration and becoming a Member. However, at a future point in time, we may restrict some of the content and tools to Members only. Registration is free at present. No subscription fee is charged at present. We reserve the right to collect fees for premium tools/content in the future. To provide products/services through our Site, you must register as a Member. When you register, you agree to provide true, accurate and complete information about yourself. You agree to update this information as and when changes occur. Your registration will be complete and you will be able to access the services once we receive your email from your registered email ID accepting the Terms and Conditions.
You agree and confirm that you are a legal entity, or an individual eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using the Site, you represent and warrant (as an individual) that you are 18 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you possess legal parental or guardian consent to access and use the Site. Food and Exercise Pty Ltd may terminate your Account, and any content or information that you have posted on the Site and/or prohibit your access to the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 18 years of age.
Food and Exercise Pty Ltd site may provide links to supplier websites, content/tool partner portals to enable our Users to use the content from such sites or purchase products. We may also provide links to other websites when we feel that such sites are useful or have good content for our members, even if we are not a partner and receive no direct benefit. We may also provide links to the sites of our advertisers.
05. Content Management and Removal
Food and Exercise Pty Ltd, has a Community Group. There are also forums and comments in our articles sections. Food and Exercise Pty Ltd at its sole discretion, permit User generated content from dietitians, experts, suppliers, event managers etc. to post, upload, publish, on the Site (“User Content”). Food and Exercise Pty Ltd does not monitor or review generally the User Content posted by users of the Site and is not responsible or liable for such User Content. By making available any User Content on or through the Site, you hereby grant to Food and Exercise Pty Ltd a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through, or by means of the Site. Food and Exercise Pty Ltd does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. However, the Site reserves the right to cancel your access to these areas and/or delete, move, or edit any User Content (including messages posted in any community group) that it may determine, in its sole discretion, violates these Terms and Conditions. Food and Exercise Pty Ltd shall have the right, but not the obligation, to correct any errors or omissions in any Users’ Content, modify or delete the User Content as it may determine in its sole discretion. You acknowledge and agree that you shall remain solely responsible for all User Content posted by you or by any other person using your account. You represent and warrant that: (a) you either are the owner of all Users’ Content that you make available through the Site or you have all rights, licenses, consents that are necessary to grant to Food and Exercise Pty Ltd the rights in such User Content; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of such content or Food and Exercise Pty Ltd’s use of the your Content does not infringe or violate any third party’s patent, copyright, trademark, trade secret or any other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.
Information control: Food and Exercise Pty Ltd neither verifies nor controls the Content provided by users on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive although such content is prohibited from being posted on the Site. There are also risks of dealing with underage persons or people acting under false pretence.
By using the Site, you agree to accept such risks and agree that Food and Exercise Pty Ltd is not responsible for any acts or omissions of users on the Site. Please use caution and common sense.
06. Prohibited Activities
The following are prohibited activities, which could lead to the termination of a User account:
You are not permitted to reproduce, duplicate or exploit any portion of the Site in any way;
Modify, adapt or hack the Product or modify another website so as to falsely imply that it is associated with the Product;
Upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the Products;
Impersonate another person or otherwise misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the information/products;
Transmit, distribute, post or submit any information concerning any other person or entity;
Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Site;
Distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Food and Exercise Pty Ltd’s rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) promotes drinking and driving or irresponsible consumption of alcohol or disparages competitive products;
Use of bots, crawlers, or spiders, or other methods, to collect information from the site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Products.
07. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, FOOD AND EXERCISE PTY LTD EXCLUDES ALL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, CLAIM OR DAMAGE WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE FOR ANY LOSS, WHETHER IT BE CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE SYSTEM, AND ALSO RESULTING FROM: (i) the use or the inability to use the service; (ii) suspension or termination of your access to the site or service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) or any other matter relating to the service; EVEN IF FOOD AND EXERCISE PTY LTD OR FOOD AND EXERCISE PTY LTD’S AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties ONLY. FOOD AND EXERCISE PTY will not be responsible for any such claim.
08. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE INFORMATION IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE INFORMATION PROVIDED ON THIS SITE IS NOT, NOR IS IT INTENDED TO BE, A SUBSTITUTE FOR PROFESSIONAL ADVICE OR CARE. PLEASE SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL IN THE EVENT SOMETHING YOU HAVE READ HERE RAISES QUESTIONS OR CONCERNS REGARDING YOUR HEALTH.
FOOD AND EXERCISE PTY LTD AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THE SITE MAY BECOME UNAVAILABLE DURING MAINTENANCE, MALFUNCTION OF COMPUTER HARDWARE, OR BY ANY OTHER REASON. FOOD AND EXERCISE PTY LTD DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. FOOD AND EXERCISE PTY LTD MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. FOOD AND EXERCISE PTY LTD MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FOOD AND EXERCISE PTY LTD AND ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The Services provided by FOOD AND EXERCISE PTY LTD are Internet-based. You acknowledge and agree that FOOD AND EXERCISE PTY LTD cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although FOOD AND EXERCISE PTY LTD will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur. FOOD AND EXERCISE PTY LTD reserves the right stop your access to the Services from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades.
You acknowledge and expressly agree that use of this Site or Service is at your sole and own risk. You agree to defend, indemnify and hold harmless FOOD AND EXERCISE PTY LTD and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, lawsuit, demand, loss, damage, expense (including Lawyer’s fee, costs and expenses) or liability that may result from, arise out of or relate to: (a) acts or omissions by You arising out of or in connection with this Agreement; (b) intentional or negligent violations by You of any applicable laws or governmental regulation, (c) contractual relations between You and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
10.Termination and Cancellation
You can cancel your FOOD AND EXERCISE PTY LTD registration by sending an email to email@example.com. But, your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others.
iii. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
11. Intellectual Property
All Intellectual property Rights including copyright, trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, information, data, tools are proprietary (either owned or licensed) to FOOD AND EXERCISE PTY LTD or to other companies where so indicated. You may not reproduce, download or otherwise use any Intellectual property including trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
FOOD AND EXERCISE PTY LTD maintains high level of confidentiality. All personal data acquired by FOOD AND EXERCISE PTY LTD shall only be used for the purposes of rendering the services under this Agreement and shall not be further processed or disclosed without your consent. You shall keep confidential the training techniques, materials, methods, trade secrets, know-how or any other information pertaining to the service which is not known to the public or disclosed by FOOD AND EXERCISE PTY LTD.
13. THIRD PARTY ADVERTISEMENTS / HYPERLINKS
This site may contain advertisements and link you to other sites on the Internet. These advertisements/ sites may contain information or material that some people may find inappropriate or offensive. These other sites or advertisements are not under the control of FOOD AND EXERCISE PTY LTD, and you acknowledge that FOOD AND EXERCISE PTY LTD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites/ advertisements. The inclusion of such a link/advertisement does not imply endorsement of the site or advertisement by FOOD AND EXERCISE PTY LTD.
14. Severability, Waiver, Entire Agreement
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.
FOOD AND EXERCISE PTY LTD or Food and Exercise Pty Ltd shall not be liable for any injuries or damages caused by the direct or indirect use of the services or products or information provided on the Site.
iii. The Terms and Conditions constitute the entire agreement between You and FOOD AND EXERCISE PTY LTD and govern your use of the Service, superseding any prior agreements between You and FOOD AND EXERCISE PTY LTD (including, but not limited to, any prior versions of the Terms of Service).
15. Jurisdiction, Governing Law and Disputes Resolution
This Site is controlled and operated by FOOD AND EXERCISE PTY LTD from its offices at Victoria, Australia. FOOD AND EXERCISE PTY LTD makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized, is prohibited.
These Terms and Conditions shall be governed by the laws of Australia without reference to its conflict of principles. In the event of any conflict between foreign laws, rules and regulations and those of laws of Australia, the laws, rules and regulations of Australia, shall prevail. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
iii. In case of any dispute arising out of the terms or the interpretation of this Agreement, a party may give written notice to the other party providing the full particulars of the matters in Dispute. Such dispute shall be resolved through initial discussion between the parties. If the meeting for resolving the dispute has not taken place within 5 days of the notice, or the dispute cannot be resolved through discussion within 20 days, the parties agree to resolve the dispute through Mediation/Arbitration to be conducted in Melbourne, Victoria, Australia. Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out above. You hereby consent to personal jurisdiction by the courts located in Melbourne, Victoria, Australia.
Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties.
Assignment: You may not assign this Agreement, to any third party, without FOOD AND EXERCISE PTY LTD’s prior written consent. Any assignment or transfer without such consent will make the assignment/transfer null and void. FOOD AND EXERCISE PTY LTD may assign or transfer the rights under this Agreement Terms, at its sole discretion, without restriction, to provide the agreed Services/Products to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
iii. Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed by express post, or sent by recognized courier service to the address mentioned in the website in case of FOOD AND EXERCISE PTY LTD and to the address given by You at the time of registration. FOOD AND EXERCISE PTY LTD may also provide notices to You by simply posting the notice on the Website.
- Survival: Intellectual Property Rights, Indemnity, Disclaimer of Warranty, Limitation of Liability and other provisions which are capable of surviving, shall survive the termination of this Agreement.
- Interpretation: In this Agreement, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Clause; singular includes the plural and vice-versa; reference to a person includes any corporation or body corporate; No rule of construction applies to the disadvantage of a Party on the basis that the Party put forward this Agreement or any part of it; a reference to this Agreement means this Agreement as amended, novated, supplemented, varied or replaced from time to time.