Terms & Conditions

TERMS OF USE

Welcome to Food Matters!

We know it’s not much fun, but it’s important that you read this Terms of Use page because these conditions apply to your use of our Food Matters and Health Practitioners websites including our store, our Live Chat services and all other content (Website).

If you don’t like what you see or you don’t agree to the Terms of Use, we will be really sad to see you go, but please stop using our Website because your continued use means you agree to and accept these Terms of Use.

Our Privacy Policy, along with any other terms and conditions that appear in or are linked to our Website, also form part of these Terms of Use.

If you are shopping through our online store, our Terms of Purchase will also apply to you.


What is Food Matters?

Food Matters is brought to you by Food Matters International Pty Ltd and our related companies (we, us, our). Our Website provides access to a range of health and wellness content, social features and our online store.


Website Terms

By accessing and using our Website you accept and agree that:

Content

The Website may contain content such as articles and blogs, software, opinions, advice, website links and promotional offers in connection with or provided by third parties (Third Party Content). Please note that we are not responsible for any Third Party Content and your use and reliance on Third Party Content may be subject to terms and conditions set by that third party. We do not necessarily endorse, control, sponsor or approve of any Third Party Content, especially medical tests, practitioners, products, procedures or treatments, and you use and rely on any Third Party Content at your own risk.

Any information provided on the Website is for your general information only. No content on the Website is intended to be a substitute for independent professional advice, particularly medical advice, diagnosis or treatment. You should always consider your own circumstances and exercise your own skill, care and diligence with respect to relying on any information obtained from the Website. Always seek advice from a qualified medical practitioner for health issues. Contact your doctor or emergency services if you think you may have a medical emergency.

Liability

Our goal is to provide you with the best range of health and wellness content possible. We are constantly working to achieve this, however we cannot promise that everything will be perfect all of the time.

Accordingly, the Website is provided ‘as is’ and we do not guarantee, warrant or represent that:

To the maximum extent permitted by law we disclaim all liability for any loss or damage (including, but not limited to, special, indirect, consequential loss or loss of profits), howsoever arising directly or indirectly in connection with items a - d above, the Website and your use of the Website. These Terms of Use do not limit any non-waivable rights that you may be entitled to under the laws of the country you reside in.

Indemnity

You indemnify us from and against any loss, damage, costs (including legal costs), expenses or other liability arising out of any claim or demand against us in connection with your use of the Website and your User Content. The indemnity given by you is limited to the extent that any negligence or breach of these Terms of Use by us has contributed to the liability arising.

Miscellaneous

If any provision of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

In the event of any conflict between these Terms of Use and any information provided by our support team, the Website or otherwise, these Terms of Use will prevail.

These Terms of Use are governed by the laws of Queensland, Australia.

Copyright

All content displayed on the Website is our property, or, where applicable, the property of parties who we are affiliated with such as our business partners and licensors. All intellectual property rights in the Website are reserved accordingly. Food Matters is our registered trademark.

We take copyright protection very seriously. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or if you are aware of any infringing material available through our Website please notify us via our Contact Us page.

We do not accept unsolicited materials or ideas for content - please do not send them to us. Because we do not read unsolicited materials we need to cover ourselves in case we come up with an idea that is similar to yours. Accordingly, should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against us regarding the use of such materials and ideas, even if we implement an idea or material that is substantially similar to what you submitted to us.

Changes

Sometimes we may change these Terms of Use and the Website without notice. You should regularly review these Terms of Use to keep up to date with the latest changes as they will apply to your continued use of the Website.

We may discontinue or suspend the Website or your use of the Website at any time without notice or liability to you.

Let’s stay in touch

If you need to get in touch with us please:

Linking to us

Please contact us at enquiries@foodmatters.com if you would like to place a link to our Website on your page.

Finito!

If you made it this far and are still awake – congratulations! Reward yourself by making something tasty from our range of nutritious recipes.

We know these things can be a bit wordy, so please do not hesitate to contact us should you have any questions about these Terms of Use.

Last updated – May 2020




Health Practitioners - End User Agreement

This agreement governs the use of the Health Practitioners software platform, website and associated applications and services (Health Practitioners) and is entered into between Food Matters International Pty Ltd ACN 127 885 223 (us, our, we) and any person accessing and using Health Practitioners (you, your). By clicking ‘I Agree’ on this agreement or by using or continuing to use Health Practitioners you accept that this agreement applies to your use of Health Practitioners. Our Privacy Policy and the Food Matters Terms of Use also form part of this agreement.

1. Health Practitioner Services

Health Practitioners is an online platform that enables health professionals who are selected by us (Health Practitioners), to offer health coaching services (Services) to individuals seeking assistance with their health and wellness concerns through Health Practitioners.

You may purchase Services by completing the Health Practitioners purchase process (Transaction). In consideration for the Services, you must pay a fee to the Health Practitioner as part of the Transaction (Health Practitioner Fee). The Health Practitioner Fee will be presented to you prior to you completing the Transaction. Upon finalising a Transaction we will provide you with details of the Services, including how to contact the Health Practitioner who will provide the Services.

When you purchase Services through Health Practitioners, you are entering into a legally binding contract directly with a Health Practitioner. We are not a party to any contract between yourself and any Health Practitioner. Accordingly we are not responsible for the provision of any Services to you and do not act as an agent for either yourself or any Health Practitioner at any time, unless this agreement expressly states otherwise.

We do not own, create, sell, resell, provide, manage, offer, control, deliver, or supply any Services. You acknowledge that any terms and conditions of the Health Practitioner which apply to the Services, as disclosed to you via Health Practitioners prior to completing the Transaction, will apply to your agreement with the Health Practitioner.

If you purchase Services on behalf of another person, you acknowledge that you are responsible for ensuring that person is aware of and agrees to be bound by this agreement. If you purchase Services for a minor, you warrant and represent to us that you are legally authorised to act on that minor’s behalf.

2. Health Practitioner Fees

We will collect Health Practitioner Fees from you on behalf of the Health Practitioner at the time a Transaction is completed. Once the Health Practitioner Fees are collected we will send you an email confirming your purchase of the associated Services.

If a Health Practitioner Fee is subject to taxes or fees imposed by any authority or government agency (Taxes), the amount payable by you is inclusive of those Taxes.

You must provide us with a current, valid, accepted payment method in order to complete a Transaction (Payment Method). You will also be required to provide us with standard billing information such as your name, billing address and email address. You are solely responsible for ensuring that your Payment Method and billing details are correct.

We may use a third party payment service provider (Provider) to process your purchase through Health Practitioners. Providers may charge you fees in addition to the Health Practitioner Fee to process your payment and they may have their own terms and conditions which will apply to you. Use of a Provider’s services is at your own risk.

The issuer of your Payment Method may also charge you a foreign transaction fee or other charges for payment of the Health Practitioner Fees if you are not based in Australia.

By providing your Payment Method and finalising a Transaction you authorise us to collect the Health Practitioner Fees from the Payment Method either directly or via a Provider.

You acknowledge that, whilst we are not a party to the agreement between yourself and a Health Practitioner, we are authorised to act as a Health Practitioner’s payment collection agent for the purpose of accepting Health Practitioner Fees on their behalf. We are responsible for remitting any funds paid by you to a Health Practitioner less any amounts which are due and payable to us by that Health Practitioner. We charge Health Practitioners a fee in connection with each Service purchased through Health Practitioners.

Upon us successfully charging your Payment Method, you have fulfilled your payment obligations to the Health Practitioner with respect to the Services purchased in that Transaction.

3. Health Practitioner Content

During your use of Health Practitioners, you may view opinions, advice, videos, images, products, general health information, advertising, promotional offers, terms and conditions, hyperlinks and other content or information which has been provided to us by or on behalf of Health Practitioners for the purpose of demonstrating their Services available via Health Practitioners (Health Practitioner Content).

We are not responsible for any Health Practitioner Content and your use and reliance on Health Practitioner Content may be subject to terms and conditions set by a third party. We do not endorse, control, sponsor or approve of any Health Practitioner Content. You access, use and rely on any Health Practitioner Content at your own risk as we do not represent or warrant that any Health Practitioner Content is accurate, complete, reliable or complies with this agreement.

Any Health Practitioner Content or other information or material provided via Health Practitioners is for your general information only and is not intended to be a substitute for independent professional advice, particularly medical advice, diagnosis or treatment. You should always consider your own circumstances and use your own judgement in deciding whether to rely on any information obtained via Health Practitioners and to determine whether any Services are appropriate for you. Contact your doctor or emergency services directly if you think you may have a medical emergency.

We recommend that you take appropriate precautions to ensure that any Health Practitioner Content you access via Health Practitioners is free of viruses, spyware or other programs that could interfere with or damage your device, software or data. This agreement does not apply to websites or resources outside of Health Practitioners, regardless of whether they have been accessed via Health Practitioner Content.

4. Cancellations

You may notify us that you no longer wish to receive Services which have been purchased by you. Notifications must be sent by email to enquiries@foodmatters.com at least 48 hours before the time the Services are due to be provided by the Health Practitioner. We will advise the relevant Health Practitioner of your cancellation.

We may cancel or otherwise vary Services in our sole discretion, such as in circumstances where we believe that it is necessary to do so to avoid harm to us, you, a Health Practitioner or third parties. You will not be entitled to any compensation where we take the above action.

5. Refunds

Any request for a refund of Health Practitioner Fees should be sent to enquiries@foodmatters.com.

Generally we will refund the Health Practitioner Fees to you if:

  1. the Services have to be cancelled and you are not at fault;
  2. the Health Practitioner consents;
  3. you are dissatisfied with the quality of the Services;
  4. you have not yet received any part of the Services and we receive notice that you wish to cancel the Services at least 48 hours before they were first due to be provided to you by the Health Practitioner; or
  5. the Health Practitioner has failed to provide the Services at all or in accordance with its Health Practitioner Content or its obligations to us or to you.

Generally we will not refund the Health Practitioner Fees to you if:

  1. you have simply changed your mind about the Services;
  2. you have already received a significant portion of the Services without complaint;
  3. we receive notice that you wish to cancel the Services less than 48 hours before the Services were first due to be provided to you by the Health Practitioner.

Despite the above, we reserve the right to determine, at our sole discretion, when a refund will or won’t be payable to you for Health Practitioner Fees, unless we are required to provide a refund by law. Depending on the circumstances, we may decide to provide you with a part-refund of the Health Practitioner Fees.

Any refunds will be paid within a commercially reasonable time of us agreeing to pay the refund, or in some circumstances, we may apply the Health Practitioner Fees to the purchase of other Services upon request by you.

6. Intellectual Property

Subject to your compliance with this agreement, we grant a limited, non-exclusive, revocable, non-transferable license to you to use Health Practitioners for the purposes permitted by this agreement. Aside from this limited licence, all present and future intellectual property rights worldwide including without limitation, any registered or unregistered copyright, trademark, patent, design, trade secret, know-how, business name or other proprietary right including improvements thereto, in Health Practitioners are reserved to us and, where applicable our third party software providers.

Ownership of all data which provides descriptive, technical, statistical and other metadata type information regarding your use of Health Practitioners vests in us upon creation.

7. Limitation of Liability

To the maximum extent permitted by law, Health Practitioners is provided ‘as is’ and ‘as available’ with all faults and without any express or implied warranty, guarantee or representation made by us as to the accuracy, reliability, security, availability, accessibility or completeness thereof.

Whilst we have a strict eligibility criteria and selection process for selecting Health Practitioners, we do not guarantee, warrant or represent that:

  1. we endorse, control, sponsor, employ or are otherwise affiliated with a Health Practitioner or their Services;
  2. any Health Practitioner Content is true, complete, accurate or up to date;
  3. Health Practitioners are duly trained, qualified, experienced, competent, insured, accredited or licensed to provide any Services;
  4. Health Practitioners or Services will produce any kind of outcome or benefit; or
  5. any Services will be fit for any particular purpose or will meet any description, expectation or standard.

We disclaim, and you hereby release us from, all liability for any loss or damage (including, but not limited to, special, indirect, consequential loss or damage, loss of profits or loss of data), howsoever arising directly or indirectly in connection with this agreement, Health Practitioners, Health Practitioners and the Services.

This agreement does not limit any non-waivable rights that you may be entitled to by law and does not purport to exclude any obligations imposed on us by statutory provisions which cannot be contracted out of. Where Health Practitioners comes with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), you may be entitled to a resupply or refund for a major failure of Health Practitioners. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a failure of the Health Practitioners Services.

Where our liability cannot be fully excluded by law, we limit our maximum liability at our option, to the supply of Health Practitioners again or payment of the cost of having Health Practitioners supplied again.

8. Indemnity

You agree to indemnify and hold us harmless from and against any liability, loss, damage, cost (including legal costs), expenses or other liability (Loss) we suffer or incur arising out of or in connection with your use of Health Practitioners and the Services and any breach of this agreement by you.

The indemnity given by you is limited to the extent that any gross negligence by us has contributed to the Loss arising.

9. Dispute Resolution

If you enter into a contract to receive Services, we will not be a party to any dispute or claim concerning that contract, however we may elect to facilitate the resolution of that dispute or claim (Dispute) at our discretion.

You must use your best endeavours and act in good faith to attempt to resolve any dispute with a Health Practitioner or with us before initiating legal proceedings or taking any other action. You must, upon reasonable request by us, participate in mediation or another similar resolution process to attempt to resolve a Dispute.

If we elect to assist in resolving a Dispute, you agree to co-operate with us and act in good faith to provide any action or information which we reasonably require to investigate and assist in resolving the Dispute.

10. Variations

Whilst we will endeavour to notify you of any major changes to Health Practitioners functionality, we may change or cease to provide Health Practitioners, and any features thereof, at any time without notice or liability to you. This agreement may also be varied from time to time. You are responsible for regularly reviewing any changes to this agreement as they will apply to your continued use of Health Practitioners.

11. General

  1. You may only assign your rights and obligations under this agreement with our written consent;
  2. We may subcontract or assign to any party our rights and obligations under this agreement;
  3. Except where expressly stated otherwise herein, this document embodies the entire agreement between the parties;
  4. Our failure to require full or partial performance of a provision of this agreement does not affect our right to require performance subsequently;
  5. A right under this agreement may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver;
  6. The laws of Queensland, Australia govern this agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the Queensland courts and courts competent to hear appeals from those courts;
  7. A clause or part of a clause of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause continue in force;
  8. Unless otherwise expressly stated in this agreement, any notice or consent to be given to a party under this agreement is only effective if given in writing (including via email), to that party;
  9. To the extent of any inconsistency between the Food Matters Terms of Use, our Privacy Policy and these terms, these terms will prevail;
  10. This agreement shall prevail to the extent of any inconsistency between it and any other document associated with the transactions contemplated by this agreement;
  11. Unless otherwise expressly stated in this agreement, this agreement does not create a relationship of employment, trust, agency, or partnership between the parties nor constitutes or may be construed to constitute a party as the representative of another party; and
  12. Sections 7, 8 and 11 of this agreement, survive termination of this agreement.

12. Contact Us

If you have comments, concerns or complaints regarding this agreement please contact us directly via enquiries@foodmatters.com. We will endeavour to get back to you as soon as possible, but we ask that you allow us up to 30 days to respond before taking any other steps.

Last Updated: 1 November 2017


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