Last Updated: January 2020
In these terms and conditions, “we” “us” and “our” refers to Ms Sallyanne Joy Pisk trading as Eating for You (Eating for You). These terms and conditions of use (Website Terms) apply to your use of the website www.eatingforyou.com.au and sub-domains learning.eatingforyou.com.au, booknow.eatingforyou.com.au and quizzes.eatingforyou.com.au (Website) and do not alter in any way the terms or conditions of any other agreement you may have with us.
Please read these Website Terms carefully. By visiting or using the Website, you agree to be bound by the Website Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Website. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Website Terms.
Ownership of the Website and its Contents
The Website and its contents are owned by Eating for You. Unless otherwise indicated, Eating for You owns or has a licence to use all of the content featured or displayed on the Website, including, but not limited to, text, graphics, designs, artworks, data, photographic images, moving images, sound, illustrations, software, and their selection and arrangement (Website Content).
All elements of the Website, including the Website Content, are protected by laws relating to the protection of intellectual property such as copyright and trade mark laws.
Use of the Website
This Website and the Website Content are intended for our customers. You may only use this Website or the Website Content for the purpose of doing business with us, including evaluating and ordering our products or services. You are permitted to download a copy of the information on this Website to your computer or personal mobile device for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.
Your use of the Website Content in any other way infringes Eating for You’s intellectual property rights. You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Website or the Website Content by using framing or similar navigational technology.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Copyright Infringement Policy
In accordance with applicable copyright legislation and other applicable laws, Eating for You has a policy of terminating, in appropriate circumstances and at Eating for You’s sole discretion, account holders who infringe the intellectual property rights of Eating for You or any third party.
If you believe that any material on the Website infringes your intellectual property rights, you may send a notification of such infringement to us at firstname.lastname@example.org. You will need to provide us with details of the type of the intellectual property rights involved, confirmation that you are the owner of the intellectual property rights and how you claim your rights have been infringed. If the claim is made against a third party who has used the Website, we may give notice of a claim of copyright infringement by means of a general notice on the Website or electronic mail to that user’s e-mail address.
Eating for You is the owner or licensee of registered and unregistered trade marks as identified on the Website and these may not be copied, imitated or used, in whole or in part, without the prior written permission of Eating for You. In addition, Eating for You owns the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, and it may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, product names and company names or logos used on the Website are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of its products or services.
You may not use our logo or other proprietary graphics to link to this Website without our express written permission. Further, you may not frame any of our trade marks, logos or other proprietary information, including the Website Content, without our express written permission.
This Website may contain links to third party Websites which are not under Eating for You’s control and Eating for You has no responsibility for the content of these Websites. Eating for You makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by link from the Website, or websites linking to the Website. Links to other Websites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by Eating for You of the products or services offered by the Website.
When you leave the Website, the Website Terms no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website. You agree that Eating for You is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their websites.
Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services (Interactive Areas) in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website (User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You must not delete or revise any User Content that you have not posted. When you post content to an Interactive Area, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content.
You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that constitutes, encourages or provides instructions for a criminal offense or violates the rights of any person or entity;
- User Content that may infringe any intellectual property or contractual rights of any person or entity;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- personal or sensitive information of any third party;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in our sole judgment is objectionable or which may expose Eating for You or its users to any harm or liability of any type.
Eating for You is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Eating for You reserves the right to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in breach of the Website Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Eating for You may access, use or disclose any information about you or your use of this Website, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Eating for You; or to protect the safety of our employees, customers or the public.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Website Terms and will not violate any rights of or cause injury to any person or entity.
If you post User Content to the Website, unless we indicate otherwise, you grant Eating for You and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Eating for You and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.
Registration Data and Account Security
In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to Eating for You, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
You agree to defend, indemnify and hold harmless Eating for You, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, use of or inability to use the Website, your breach or alleged breach of the Website Terms or of any representation or warranty contained herein, your unauthorised use of the Website Content, or your violation of any rights of another.
Eating for You uses reasonable efforts to ensure the accuracy, correctness and reliability of the Website Content, but we make no representations or warranties as to the Website Content’s accuracy, correctness or reliability.
The information on this Website is for general educational purposes only. We recommend that you consult your healthcare practitioner for personalised dietary and health advice.
To the maximum extent permitted by applicable law, the Website and the Website Content are provided “as is” without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Website are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Website or the Website Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that Eating for You can limit the user’s remedy for breach, then Eating for You’s liability is limited to one or more of the following at Eating for You’s option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall Eating for You and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, missed exams, failed exam attempts, incorrect information, incorrect content or errors, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website, the services or products, the Website Content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Eating for You, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Eating for You’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Eating for You, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Website exceed the fees you pay, if any, to Eating for You for access to or use of the Website.
Notwithstanding any of these Website Terms, Eating for You reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website. On termination you must destroy all materials obtained from the Website and any and all other Eating for You Websites including copies of those materials.
Changes to Website Terms
Eating for You reserves the right to change any of the terms and conditions contained in the Website Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit one of our websites.
Any waiver of any provision of the Website Terms will be effective only if in writing and signed by Eating for You.
The Website Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any of the Website Terms is illegal or unenforceable it will be severed from the Website Terms and will not affect the continued operation of the remaining provisions of the Website Terms.
Questions and Contact Information
Questions or comments about the Website or Website Terms may be directed to Eating for You at email@example.com.