Terms & Conditions
Welcome to Food Matters!
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.
By accessing and using our Website you accept and agree that:
- you must be at least 18 years of age, or the age that you are considered an adult in your country;
- you will only access the Website for your own personal, non-commercial use;
- you will not attempt to alter, deface, remove, hack into or otherwise interfere with the Website;
- we may use any content which you post to or publish on the Website, including but not limited to, any comments, information, ideas, reviews, techniques or any other material (User Content) without payment to you, for any purpose whatsoever including, but not limited to, publication, marketing, product development, disclosure to third parties which we are affiliated with and improving the Website. In addition, you agree not to enforce any moral rights in and to the User Content, to the extent permitted by applicable law;
- your User Content must not be defamatory, misleading, harassing, illegal, false, obscene, threatening, pornographic, hateful, racially or ethnically offensive or infringe on the rights of third parties;
- you are solely responsible for your User Content; and
- we may remove your User Content without notice.
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.
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:
- the Website is provided error-free or uninterrupted;
- that any information contained on the Website is accurate, reliable, adequate or complete;
- that the Website is free of viruses or other spyware that could damage your device.
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.
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:
- email firstname.lastname@example.org;
- use our Contact Us page; or
- use the Live Chat Support feature of our Website.
Linking to us
Please contact us at email@example.com if you would like to place a link to our Website on your page.
If you made it this far and are still awake – congratulations! Reward yourself by making something tasty from our range of nutritious recipes.
Last updated – 22nd November 2016
Health Coaches - End User Agreement
1. Health Coach Services
Health Coaches is an online platform that enables health professionals who are selected by us (Health Coaches), to offer health coaching services (Services) to individuals seeking assistance with their health and wellness concerns through Health Coaches.
You may purchase Services by completing the Health Coaches purchase process (Transaction). In consideration for the Services, you must pay a fee to the Health Coach as part of the Transaction (Health Coach Fee). The Health Coach 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 Coach who will provide the Services.
When you purchase Services through Health Coaches, you are entering into a legally binding contract directly with a Health Coach. We are not a party to any contract between yourself and any Health Coach. 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 Coach 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 Coach which apply to the Services, as disclosed to you via Health Coaches prior to completing the Transaction, will apply to your agreement with the Health Coach.
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 Coach Fees
We will collect Health Coach Fees from you on behalf of the Health Coach at the time a Transaction is completed. Once the Health Coach Fees are collected we will send you an email confirming your purchase of the associated Services.
If a Health Coach 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 Coaches. Providers may charge you fees in addition to the Health Coach 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 Coach Fees if you are not based in Australia.
By providing your Payment Method and finalising a Transaction you authorise us to collect the Health Coach 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 Coach, we are authorised to act as a Health Coach’s payment collection agent for the purpose of accepting Health Coach Fees on their behalf. We are responsible for remitting any funds paid by you to a Health Coach less any amounts which are due and payable to us by that Health Coach. We charge Health Coaches a fee in connection with each Service purchased through Health Coaches.
Upon us successfully charging your Payment Method, you have fulfilled your payment obligations to the Health Coach with respect to the Services purchased in that Transaction.
3. Health Coach Content
During your use of Health Coaches, 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 Coaches for the purpose of demonstrating their Services available via Health Coaches (Health Coach Content).
We are not responsible for any Health Coach Content and your use and reliance on Health Coach Content may be subject to terms and conditions set by a third party. We do not endorse, control, sponsor or approve of any Health Coach Content. You access, use and rely on any Health Coach Content at your own risk as we do not represent or warrant that any Health Coach Content is accurate, complete, reliable or complies with this agreement.
Any Health Coach Content or other information or material provided via Health Coaches 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 Coaches 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 Coach Content you access via Health Coaches 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 Coaches, regardless of whether they have been accessed via Health Coach Content.
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 firstname.lastname@example.org at least 48 hours before the time the Services are due to be provided by the Health Coach. We will advise the relevant Health Coach 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 Coach or third parties. You will not be entitled to any compensation where we take the above action.
Any request for a refund of Health Coach Fees should be sent to email@example.com.
Generally we will refund the Health Coach Fees to you if:
- the Services have to be cancelled and you are not at fault;
- the Health Coach consents;
- you are dissatisfied with the quality of the Services;
- 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 Coach; or
- the Health Coach has failed to provide the Services at all or in accordance with its Health Coach Content or its obligations to us or to you.
Generally we will not refund the Health Coach Fees to you if:
- you have simply changed your mind about the Services;
- you have already received a significant portion of the Services without complaint;
- 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 Coach.
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 Coach 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 Coach 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 Coach 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 Coaches 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 Coaches 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 Coaches vests in us upon creation.
7. Limitation of Liability
To the maximum extent permitted by law, Health Coaches 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 Coaches, we do not guarantee, warrant or represent that:
- we endorse, control, sponsor, employ or are otherwise affiliated with a Health Coach or their Services;
- any Health Coach Content is true, complete, accurate or up to date;
- Health Coaches are duly trained, qualified, experienced, competent, insured, accredited or licensed to provide any Services;
- Health Coaches or Services will produce any kind of outcome or benefit; or
- 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 Coaches, Health Coaches 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 Coaches 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 Coaches. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a failure of the Health Coaches Services.
Where our liability cannot be fully excluded by law, we limit our maximum liability at our option, to the supply of Health Coaches again or payment of the cost of having Health Coaches supplied again.
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 Coaches 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 Coach 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.
Whilst we will endeavour to notify you of any major changes to Health Coaches functionality, we may change or cease to provide Health Coaches, 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 Coaches.
- You may only assign your rights and obligations under this agreement with our written consent;
- We may subcontract or assign to any party our rights and obligations under this agreement;
- Except where expressly stated otherwise herein, this document embodies the entire agreement between the parties;
- Our failure to require full or partial performance of a provision of this agreement does not affect our right to require performance subsequently;
- 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;
- 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;
- 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;
- 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;
- This agreement shall prevail to the extent of any inconsistency between it and any other document associated with the transactions contemplated by this agreement;
- 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
- 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 firstname.lastname@example.org. 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