These Terms and Conditions apply to your use of the Real Food Healthy Body website at rfhb.com.au (Site).
We encourage you to consult with your health care provider or other professional care provider regarding any questions or concerns you may have about diet or health conditions. You acknowledge and agree that the information on the Site is not meant to be a substitute for professional advice. We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained on the Site.
You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you.
Your continued use of the Site is an acknowledgement by you that: (a) you are over the age of eighteen years, or have obtained the relevant permission from a parent or guardian to use this Site; and (b) you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
We may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. Unless expressly stated otherwise, we do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system.
You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
You may access and use the Site (including Intellectual Property Rights contained therein) for the sole purpose of viewing the Material for personal and non-commercial use. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
Please email firstname.lastname@example.org if you are interested in republishing any recipe, image or other Material on the Site.
By uploading, posting, transmitting or otherwise making available any content or material via the Site (Your Content), you: (a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and (b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Website, at any time, for any reason and without notice to you.
Linking to the Site
You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site from any website that is not owned by you. This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page.
You agree to indemnify us and our officers, directors, employers or contractors (together, the Indemnified) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, or any breach by you of the Agreement.
To the maximum extent permitted by law, we exclude: (a) all conditions, guarantees or warranties expressed or implied by law; and (b) any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Material or the Site, and the Agreement.
Without limiting the generality of the foregoing, you agree that in no event will our maximum aggregate liability exceed $100. You acknowledge and agree that the limitations of liability contained in this section are a fair and reasonable allocation of the commercial risk between the parties.
Nothing contained in the Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here.
We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
Although we do our best to provide the most up to date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.
A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
The Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
In these Terms and Conditions:
Intellectual Property Rights means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
Material means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
we, our or us means Real Food Healthy Body (ABN 58 392 816 659); and
you or your means the person or entity accessing, using or relying upon the Site.
Dated: 27 September 2018.