These terms and conditions explain how you may use the Real Food Healthy Body website, which you may access in several ways, including but not limited to the web via realfoodhealthybody.com, mobile phones, RSS feeds and PDAs (“Site”). These terms and conditions apply whenever you access the Site, regardless of how you access it.

Use of this Site

Real Food Healthy Body (ABN 58 392 816 659) (“we”, “us” or “our”) is the owner and operator of this Site.

Each user of this Site (“you”, “your”) agrees to be bound by these terms and conditions and our Privacy Policy (collectively, “Terms”). Your use of, and access to, this Site indicates your acceptance of, and agreement with, these Terms as they exist at the time of use.

If you do not agree to these Terms, immediately stop accessing this Site.

These Terms may be amended at our sole discretion at any time by posting changes on this Site. If you use this Site (other than to learn the amended Terms) after a change has been made, you will be considered to have accepted the new Terms.

Legal capacity

You must be eighteen (18) years of age or over to use or access this Site. If you are under the age of eighteen (18) years, you must immediately cease accessing and using this Site unless you have permission from a parent or guardian to access and use this Site.

Your continued use of this Site is an acknowledgement by you that you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to to access and use this Site.

Intellectual property

All intellectual property in relation to content on this Site belongs to us or our licensors, affiliates or advertisers. You obtain no interest in that intellectual property.

You are granted a limited licence that allows you to view, print or download materials contained within this Site for your personal (non-commercial) use. You must not modify the content in any way, including any copyright statement. We reserve all rights that are not expressly granted under these Terms. Unless expressly stated otherwise, you are not permitted to republish or copy anything you find on this Site without the copyright or trade mark owners’ permission.

Please email [email protected] if you are interested in republishing any recipe, image or other material on this Site.

The name and logos of this Site are trade marks owned by us. Other trade marks or logos displayed on this Site may belong to third parties. Nothing displayed on this Site should be construed as granting any licence or right to use any trade mark or logo displayed on this Site, without the express written permission of the relevant owner.

Content and functionality of this Site

We reserve the right to restrict, suspend or terminate without notice your access to this Site, any content that you access through this Site, or any feature of this Site at any time without notice. Subject to the remainder of these Terms, we will not be responsible for any loss, cost, damage or liability that may arise as a result.

No advice

Content on this Site is provided as general information only. It is not advice and should not be substituted for personal advice that takes into account your individual health, financial or other circumstances.

Liability and warranties

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful. Any and all other warranties or conditions which are not guaranteed by such legislation are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

To the fullest extent permitted by law, including the Australian Consumer Law, the following provisions apply:

• We do not warrant the accuracy of content accessible through this Site and make no commitment to update such content. The content is provided to you “as is” and on an “as available” basis, on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content that you access through this Site may be changed without notice at our sole discretion.
• We make no warranties or representations about this Site or the information or materials contained on it, including but not limited to warranties or representations that it will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Site will be secure.
• We will not be liable for any direct or indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of this Site and/or the information or materials contained on it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Third party content

Third party content may be included on this Site. Such content is subject to the relevant third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use such third party content.

Links

This Site may contain links to websites operated by third parties, including our affiliates. Since we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of those websites and that we neither endorse nor are responsible for any content, advertising, products or other materials on or available from such websites.

We are not responsible for the terms of use and privacy practices of third parties, including our affiliates. When you click on a link, click on an advertisement or otherwise leave this Site, it is suggested that you check the applicable terms of use and privacy policy of the third party website or service. You acknowledge sole responsibility for, and assume all risk arising from, your use of such third party websites and services.

Your contributing content

When you submit content to us in any format, including but not limited to any text, comments, graphics, photographs, video or audio, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to reproduce, publish, transmit, deal with or otherwise use that content on this Site and in our materials now and in the future, and to attribute you as the author, source or provider of that content using the details you have provided to us.

We reserve the right to edit, delete, reject or remove any content that you submit without notice.

You warrant that you have all of the necessary rights, including copyright, in the content you submit, that your content is not defamatory and that it does not infringe any law. You indemnify us against any and all legal fees, damages and other expenses that may be incurred by us as a result of your breach of this warranty.

You waive any moral rights that you may have in content that you submit for the purposes of its submission to, and use by, us in accordance with these Terms.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to this Site, including but not limited to:

• posting or transmitting material to this Site that is, in our opinion, obscene, offensive, pornographic, vulgar, profane, indecent, defamatory or otherwise illegal;
• posting or transmitting material to this Site that, in our opinion, racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
• posting or transmitting material to this Site that you know or suspect, or ought reasonably to have known or suspected, to be false, misleading or deceptive;
• posting or transmitting material to this Site that would constitute a breach of either the privacy or any other legal rights of individuals;
• using the comments areas of this Site for the purpose of advertising, promoting or soliciting any goods or services or otherwise engaging in trade or commerce, or for the purpose of providing any advice, including advice in relation to any health or financial product;
• transmitting any material or files to this Site that contain viruses that may cause damage to our property or the property of other individuals;
• using this Site in any manner that could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site; or
• obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through this Site.

You indemnify us and hold us harmless from and against any liabilities, claims, costs, loss, including consequential loss, or damage incurred by us arising out of, or in connection with, your breach of these Terms.

Complaints

If you think that material posted on this Site is offensive, unsuitable or has in some other way breached these Terms, please email us at [email protected]. Please include a link to the material and your grounds for objecting to it. We will consider whether there are grounds for editing or removing the material and will take action that we consider appropriate in the circumstances. You won’t necessarily be contacted as to our decision.

General

Any provision of these Terms that is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

These Terms are governed by, and interpreted in accordance with, the laws of the State of Western Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

Last updated: 30 October 2024.