Be Fit Food Terms of Use

This page summarises the Terms of Use published on the Be Fit Food website. The version on the origin site is the authoritative one and should be read in full before relying on any point below. The terms state that they may be amended from time to time by posting the amended version on the website, and that subsequent or continuing use of the website constitutes acceptance of any changes.

Who operates the site and who is bound

The website www.befitfood.com.au is operated by Be Fit Food Pty Ltd (ABN 14 294 903 397). Use of the website and any information or services provided through it is subject to these Terms of Use together with any additional terms, rules, disclaimers and notices displayed elsewhere on the site from time to time.

The terms state that by registering on the website, or accessing or using the website and the information and services provided through it, you are deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time. This applies both to visitors simply browsing and to members — the terms refer to both as Users. If you do not agree with the terms or any changes to them, the terms direct you not to register on or use the website.

Use of the site and the nature of the information

The terms describe the website as a place where people can access and share information about nutrition, mindfulness, wellness and exercise. They state that the information and material on the site 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, and access the site and rely on the information at their own risk.

Access, availability and security

Users acknowledge that Be Fit Food may make changes to the website and its services, with notice given of substantial and ongoing changes as they occur; may monitor access to and use of the website; and may cancel a user's access if it believes the user has breached the Terms of Use.

Access depends on telecommunications and internet service providers and other external factors, and availability is not guaranteed at all times or at any specific times. While precautions are taken to keep the site secure, the terms state that no data transmission over the internet can be guaranteed as totally secure, so the security of information transmitted to, from or using the website cannot be ensured and users do so at their own risk.

User-posted content

Where parts of the site allow users to post content — text, photos, images, audio and video, including links — users are responsible for that material and must respect the legal rights and sensibilities of other users. Be Fit Food reserves the right, but has no obligation, to review, remove, modify, deny access to or not display any such material at its sole discretion.

By posting material, users grant Be Fit Food a royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish, distribute and display it for operating the website, providing associated services and for promotional purposes; consent to publication of their name, likeness, image or voice contained in it; grant other users a royalty-free, perpetual, worldwide licence to use and reproduce it for private, non-commercial use; warrant that they are legally entitled to post it and hold all necessary licences and consents; and consent to acts that would otherwise infringe their moral rights.

Conduct rules

The terms prohibit posting material that is offensive, unlawful, defamatory, false or misleading, discriminatory, unsuitable for minors, abusive, obscene or menacing; that contains nudity, swear words or excessive violence; that is reasonably likely to offend another user; that contains advertising or is posted for commercial purposes; that infringes intellectual property or other rights; that contains another person's personal information without permission; or that contains financial, legal, medical or other professional advice. Users must not use the site for illegal activity, to cause annoyance or inconvenience, or to harvest information about other users for unsolicited commercial messages.

Be Fit Food accepts no liability for material posted by users, does not endorse views posted by users, does not guarantee the accuracy or suitability of user-posted information, and does not warrant that user material will be protected against misuse by third parties. Objectionable material can be reported using the contact details on the page.

Warranties, liability and indemnity

Except as required by law, Be Fit Food gives no express or implied warranties or guarantees and makes no representations about the website, its information or its services. In particular it does not warrant that users' systems will meet the minimum requirements, that information is accurate, complete or suitable for any purpose, that the site is free from viruses or defects, or that access will be continuous or uninterrupted.

Nothing in the document excludes, restricts or modifies any right, remedy, guarantee, warranty or condition implied or imposed by legislation that cannot lawfully be excluded, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation. To the maximum extent permitted by law, liability for failure to comply with such a non-excludable provision is limited, at Be Fit Food's option, to replacement or repair of goods or the cost of doing so, or to supplying services again or paying that cost.

Subject to that, Be Fit Food states it will not be liable for consequential, indirect or incidental damages or loss, and that its total liability to any user is limited in the aggregate to the total membership fees paid by that user in the month immediately preceding the claim. Users indemnify Be Fit Food for loss and damage suffered as a result of breaching any part of the terms.

Third-party links and copyright

Links to websites not operated or controlled by Be Fit Food are provided for convenience only, may not be current, and are not an endorsement. Be Fit Food is not responsible for third-party content and users access those sites at their own risk.

Copyright in material on the website is owned by Be Fit Food or its licensors. Users may download and print information for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of the website may be reproduced, copied, published, framed or transmitted in any form without prior written consent.

Governing law and changes

The Terms of Use are governed by the laws of Victoria, Australia, and users agree to submit to the non-exclusive jurisdiction of the courts of Victoria in the event of a dispute. Where there are material changes that could, in Be Fit Food's reasonable opinion, adversely affect registered users, those users will be notified, which may include notification on log-in or an email. If any part of the terms is or becomes void, the remaining provisions stay valid and the void part is replaced by a provision as close as possible in effect.

Contact

Questions about the Terms of Use or the website go to info@befitfood.com.au, or by post to 49B Mornington-Tyabb Rd, Mornington, Victoria, 3931. General customer service is on 1300 263 257 (+61 1300 263 257), Monday to Friday 09:00–17:00, or support@befitfood.com.au.

Important health information

The Terms of Use state that the information on the website is general only, does not cater to individual circumstances, and is not intended to be used or relied on as medical advice or to diagnose, treat or cure any medical condition. They note that the website may include features promoting diet programs or other nutritional information, that there are risks involved with engaging in any change of diet, and that users agree to consult a healthcare professional before engaging in any program through the website — a service Be Fit Food notes it is able to provide. Users should not engage in any program if their healthcare professional advises against it.

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