TERMS AND CONDITIONS

Terms And Conditions

These Website Terms and Conditions are in use as of the 19th of July 2023.

1. About the Website

Welcome to Food Allergy & Intolerance Dietitians (Website). The Website provides you with an opportunity to browse and purchase Eproducts (Eproducts), online supervision for dietitians (Supervision) as well as book services (Services).
The Website is operated by Food Allergy & Intolerance Dietitians (ABN 13 887 576 057). Access to and use of the Website, or any of its associated Products or Services, is provided by paid registration, which gives the user the option to purchase services. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Food Allergy & Intolerance Dietitians reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Food Allergy & Intolerance Dietitians updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Food Allergy & Intolerance Dietitians in the user interface.

3. Purchase of Services and/or Eproducts

As part of your continued use of the Website or to purchase the Services, you warrant that any personal information you provide via the Website will always be accurate, correct and up to date.
You indemnify Food Allergy & Intolerance Dietitians and agree to keep Food Allergy & Intolerance Dietitians indemnified in the event any of the information you provide is inaccurate, incorrect or not up to date, and we rely on this information to our detriment
The prices for Services and Eproducts provided under these Terms will be as set out on the Website checkout screen. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that Food Allergy & Intolerance Dietitians may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”). Food Allergy & Intolerance Dietitians reserves the right to amend prices at any time without notice to you.
Where the option is given to you, you may make payment for the Services (Services Fee) by way of: all payments made in the course of your use of the Services are made using direct debit.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, they you are liable for any costs, including baking fees and charges, associated with the.
You agree and acknowledge that Food Allergy & Intolerance Dietitians can vary the Services Fee at any time.
In order to purchase any of the Eproducts you will be required to select one of the payment methods available on the Website, which may require you to provide your credit or debit card information. Please be aware that all credit or debit card information may be shared with third party payment processors. By purchasing a Service or Eproduct from the Website, you agree that you will be charged the price listed at the checkout screen on the Website.
Any concerns regarding payment should be emailed to hello@FAID.com.au

4. Refund Policy

Food Allergy & Intolerance Dietitians will only provide you with a refund in the event they are unable to continue to provide the Services, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

5. Personal Information

Food Allergy & Intolerance Dietitians are required to collect information from you that identifies you (Personal information). In some instances, the Personal Information collected from you will include health information (as defined in the Health Records and Information Privacy Act 2002 (NSW)) (HRIP Act) or such other State legislation as may apply in relation to health information at the time of collection (Health information).
Food Allergy & Intolerance Dietitians comply with the Privacy Act 1988 (Cth) (Privacy Act) and the HRIP Act in collection of your personal information and health information as set out in the Privacy Policy. This information may include your personal details such as your name, age, email address, preferred username, mailing address, telephone number and other personal information or Health Information such as your height, weight, exercise levels, biochemistry, medical history, medication and supplement use and dietary habits.
Food Allergy & Intolerance Dietitians acknowledge and agree that this information is confidential and will be used for the purposes of the provision of the Services only, unless otherwise required by law as set out in the Privacy Policy.

6. Delivery of Services

If your purchase is of specialised nutritional advice (Services), you will be provided with the Services following payment processing. You will be contacted by the dietitian providing the Service via email to initiate this Service. Additional information about the Service can be obtained by emailing hello@FAID.com.au
Food Allergy & Intolerance Dietitians provide some information free of charge on the Website. If you have any issues with downloading or accessing information on the Website, please contact Food Allergy & Intolerance Dietitians via the contact tab.

7. Requirement to Obtain Professional Medical Advice

All content on the Website is for informational and educational purposes only. Any statements made on the Website or in the Services are not subject to evaluation by any other agencies. None of the content or Eproducts offered on the Website are meant to diagnose any medical or health conditions. The Services found on the Website are not intended as a substitute for the advice provided by your physician or other health care professional.
You should always speak with your physician or other health care professional before adopting any treatment for a health problem or before adopting any new dietary regime or using any of the Services. If you have or suspect that you have a medical problem, you should contact your health care provider.
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencing a new dietary approach should consult with an appropriate healthcare professional before beginning any nutrition program. You should not disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the Website.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
You are responsible for making your own inquiries and seeking independent advice from a health care professional before acting on any information or material made available to you through the Website. Food Allergy & Intolerance Dietitian Services may not be suitable to your particular circumstances.
You acknowledge that the Services are provided based on the accuracy and completeness of the information that you provide, following evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You acknowledge that by participating in or otherwise obtaining Services from the Website, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Website, or may be risks that are not known to you or are not readily foreseeable at the time of using the Services. This is a risk warning pursuant to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). You assume all risks not excluded by law in connection with your use of the Website, Eproducts and the Services.

8. Nutrition Information

Before relying on any nutritional information on the Website or obtained through the Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and obtain appropriate expert advice relevant to your circumstances where necessary. Food Allergy & Intolerance Dietitians do not give any warranty that the information is free from error or suitable for your purposes.

9. Copyright and Intellectual Property

The Website, the Services and all of the related products of Food Allergy & Intolerance Dietitians are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Food Allergy & Intolerance Dietitians or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Food Allergy & Intolerance Dietitians, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
3. print pages from the Website for your own personal and non-commercial use.

Food Allergy & Intolerance Dietitians does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Food Allergy & Intolerance Dietitians.

Food Allergy & Intolerance Dietitians retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not in any form or by any means, without the prior written permission of Food Allergy & Intolerance Dietitians and the permission of any other relevant rights owners: broadcast, republish, reproduce, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the on the Website, which are freely available for re-use or are in the public domain.
You may not in any form or by any means, without the prior written permission of Food Allergy & Intolerance Dietitians and the permission of any other relevant rights owners, commercialise any information, products or services obtained from any part of the Website and all related Services for any purpose, unless otherwise provided by these Terms.
By uploading, transmitting, posting or otherwise making available any material on the Website and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).

10. Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Food Allergy & Intolerance Dietitians strive to protect such information, they do not warrant and cannot ensure the security of any information which you transmit to the Website. Accordingly, any information which you transmit to the Website is transmitted at your own risk. Nevertheless, once Food Allergy & Intolerance Dietitian receive your transmission, they will take reasonable steps to preserve the security of such information.

11. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. Food Allergy & Intolerance Dietitians will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), where at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, agents, contributors and licensors of Food Allergy & Intolerance Dietitians make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Food Allergy & Intolerance Dietitians) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of the products of Food Allergy & Intolerance Dietitians; and
4. the Services or operation in respect to links which are provided for your convenience.

12. Limitation of liability

Other than to the extent prohibited by applicable law, you expressly understand and agree that Food Allergy & Intolerance Dietitian does not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of the Website or Services.
Food Allergy & Intolerance Dietitians total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Food Allergy & Intolerance Dietitians, its affiliates, employees, agents, contributors and licensors shall not be liable to you or anyone else for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you or anyone else, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. This shall also include the use, inability to use, or the results of use of the Website or Services, any website linked to the Website or Services (including the materials, information or services contained on such site).
In the event of any problem with the Website or any content, you agree that your sole remedy is to cease using the Website. In the event of any problem with the Services or services that you have purchased on or through the Website, your remedies will be as prescribed by Australian Consumer Law.
For Jurisdictions that do not allow us to limit our liability, notwithstanding any provision of these Terms & Conditions of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then Food Allergy & Intolerance Dietitians liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, Food Allergy & Intolerance Dietitians do not disclaim liability for:
1. death or personal injury caused by negligence or that of any of our officers, employees or agents;
2. fraudulent misrepresentation; or
3. any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use the Website is contingent on your agreement with this and all other sections of these Terms & Conditions of Use. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using the Website or Services within the last six months, whichever is greater.

13. Indemnity

In addition to the other indemnities provided by you under these Terms & Conditions of Use, you agree to indemnify Food Allergy & Intolerance Dietitians, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. all actions, claims, proceedings, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) (including those brought by third parties) incurred, suffered or arising out of or in connection with your content;
2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. Any breach of the Terms.

14. Dispute Resolution

Compulsory:

If a dispute arises out of or related to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of Australian Mediation Association or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, Australia.
Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Privacy and child protection

Food Allergy & Intolerance Dietitians take your privacy seriously and any information provided through your use of the Website and/or Services are subject to Food Allergy & Intolerance Dietitians Privacy Policy, which is available on the Website.
In addition to our obligations under the Privacy Act and HRIP Act, we also comply with all Australian Child Protection legislation to the extent applicable.

16. Venue and Jurisdiction

The Services offered by Food Allergy & Intolerance Dietitians is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

19. Service Changes & Availability

Food Allergy & Intolerance Dietitians reserve the right to alter, update, or remove any of the Services at any time. Food Allergy & Intolerance Dietitians may modify the Services for any security reason, at their discretion. Food Allergy & Intolerance Dietitians do not guarantee that the Website will always be available, work, or be accessible at any particular time. Only users who are eligible to use the Website or Service may do so.

20. Termination of Contract

The Terms will continue to apply until terminated by either you or by Food Allergy & Intolerance Dietitians as set out below.
If you want to terminate the Terms, you may do so by:
1. providing Food Allergy & Intolerance Dietitians with 14 days’ notice of your intention to terminate; and
2. closing your accounts for all of the services which you use, where Food Allergy & Intolerance Dietitians has made this option available to you.

Your notice should be sent, in writing, to Food Allergy & Intolerance Dietitians via the ‘Make a Booking or Enquiry’ link on the homepage.

Food Allergy & Intolerance Dietitians may at any time, terminate the Terms with you if:
1. you have breached any provision of the Terms & Conditions of Use or intend to breach any provision;
2. food Allergy & Intolerance Dietitians is required to do so by law;
3. the provision of the Services to you by Food Allergy & Intolerance Dietitians is, the opinion of Food Allergy & Intolerance Dietitians, no longer commercially viable.
Subject to local applicable laws, Food Allergy & Intolerance Dietitians reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Food Allergy & Intolerances name or reputation or violates the rights of those of another party.