Be Fit Food website (www.befitfood.com.au) (Website) is operated by Be Fit Food Pty Ltd (ABN 14 294 903 397) (we, us, our).
1. Use of Be Fit Food
The Website is designed to provide a place where people can access (and share) information about nutrition, mindfulness, wellness and exercise. The information and material contained in or available through the Website (Information) is provided for general informational purposes only and does not cater to the circumstances or needs of individual Users. No Information is intended to be used or relied on as medical advice or to diagnose, treat, or cure any medical condition. Users are responsible for making their own inquiries and seeking independent advice from a healthcare professional before relying on any Information. Users access the Website, and rely on the Information, at their own risk. In particular, the Website and Information may include features that promote diet programs or other nutritional information. Users acknowledge that there is risks involved with engaging in any change of diet and agree to consult with a healthcare professional (we are able to provide this service at Be Fit Food) before engaging in any programs through the Website. Users should not engage in any program if their healthcare professional advises against it.
2. Access and use of Be Fit Food
Users acknowledge and agree that we may:
- Make changes to the Website and the services provided through the Website. Users will be given notice of substantial and ongoing changes as they occur.
- Monitor access to and use of the Website by Users; and
- Cancel a User’s access to the Website if we believe:
Access to the Website depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Website at all times or at any specific times.
While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the Website and Users do so at their own risk.
4. User-posted content
Some parts of the Website may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (Material) that may be accessed and viewed by other Users. Users are responsible for any Material they submit to, on or through the Website and must respect the legal rights and sensibilities of other Users. We reserve the right to (but have no obligation to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to, on or through the Website in our sole discretion.
By submitting, uploading, posting or transmitting Material to, on or through the Website, Users:
- Grant us a royalty free, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material for the purposes of operating the Website and providing any associated services to Users and for our promotional purposes;
- Consent to us using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes;
- Grant other Users a royalty free, perpetual, worldwide licence to use, copy and reproduce such Material for their own private, non-commercial use;
- Warrant that they are legally entitled to submit, upload, post or transmit the Material to, on or through the Website and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material to, on or through the Website and to permit us and other Users to deal with the Material in accordance with the licences granted above; and
- Consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.
5. No liability for misuse by other Users
We do not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, we are not responsible for the infringement of the copyright in Material by other Users.
6. Conduct of Users
Users must not submit, upload, post or transmit Material to, on or through the Website that:
- Is offensive, unlawful, defamatory, false or misleading, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
- Contains nudity, swear words or excessive violence;
- Is reasonably likely to offend another User;
- Contains advertising or is otherwise submitted, upload, posted or transmitted for commercial purposes;
- Violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;
- Contains personal information of any person (such as name, address, email address, phone number), except with the relevant person’s permission; or
- Contains financial, legal, medical or other professional advice.Users must not use the Website to:
- Conduct any illegal activity;
- Cause annoyance or inconvenience to any person including other Users; or
- Harvest information about other Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.
7. Material posted by other Users
We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted or transmitted to, on or through the Website.
The views and opinions expressed in Material posted by Users on the Website are the views and opinions of the authors and do not necessarily represent our views or opinions. We do not endorse or support any views or opinions posted by Users on the Website or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.
8. Disclaimer of warranties and representations
Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website or any Information or services available through the Website. In particular, we do not warrant or represent:
- Users’ systems will meet the minimum requirements to enable use of the Website;
- Information provided on the Website is accurate, complete or suitable for any purpose;
- The Website and its services are free from any computer viruses or defects; or
- Users’ access to the Website and its services will be continuous or uninterrupted.
9. Our liability
Nothing in this document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision).
However, to the maximum extent permitted by law, our liability for failure to comply with any Non-Excludable Provision is limited (at our option):
- In the case of goods – to 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 required (as determined by us);
- In the case of services – to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us); or
- Where we are permitted to do so, by excluding our liability for or arising out of any (except to the extent it constitutes significant personal injury caused by our reckless conduct):
- Death of any person;
o physical or mental injury to any person (including the aggravation, acceleration or recurrence of physical or mental injury);
- The contraction, aggravation or acceleration of a disease of any person; and
- The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to any person, that is or may be harmful or disadvantageous to that person or the community, or that may result in harm or disadvantage to that person or the community.
Except as specified in this section, to the extent permitted by law:
- We will not be liable for any consequential, indirect or incidental damages or loss; and
10. Links to third party websites
Copyright in the material in or available on the Website is owned by us or our licensors. Users may download information from the Website and print out that information, but only for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of the Website (including any Material posted on the Website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to us using the contact details below.
14. Changes to these terms and conditions
We may amend these terms and conditions from time to time by posting the amended version on the Website. Subsequent or continuing use of the Website will constitute acceptance of any changes.
Where there are material changes to these terms and conditions that could in our reasonable opinion adversely affect Users registered on the Website, we will notify those Users of the changes (which, for these purposes, may include notification when a User logs on to use the Website or an email sent to the User’s email address provided to us).