Be Fit Food website (www.befitfood.com.au) (Website) is operated by Be Fit Food Pty Ltd (ABN 14 294 903 397) (we, us, our).
1. Use of Be Fit Food
The Website is designed to provide a place where people can access (and share) information about nutrition, mindfulness, wellness and exercise. The information and material contained in or available through the Website (Information) 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. Users access the Website, and rely on the Information, at their own risk. In particular, the Website and Information may include features that promote diet programs or other nutritional information. Users acknowledge that there is risks involved with engaging in any change of diet and agree to consult with a healthcare professional (we are able to provide this service at Be Fit Food) before engaging in any programs through the Website. Users should not engage in any program if their healthcare professional advises against it.
2. Access and use of Be Fit Food
Users acknowledge and agree that we may:
Access to the Website depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Website at all times or at any specific times.
While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the Website and Users do so at their own risk.
4. User-posted content
Some parts of the Website may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (Material) that may be accessed and viewed by other Users. Users are responsible for any Material they submit to, on or through the Website and must respect the legal rights and sensibilities of other Users. We reserve the right to (but have no obligation to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to, on or through the Website in our sole discretion.
By submitting, uploading, posting or transmitting Material to, on or through the Website, Users:
5. No liability for misuse by other Users
We do not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, we are not responsible for the infringement of the copyright in Material by other Users.
6. Conduct of Users
Users must not submit, upload, post or transmit Material to, on or through the Website that:
7. Material posted by other Users
We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted or transmitted to, on or through the Website.
The views and opinions expressed in Material posted by Users on the Website are the views and opinions of the authors and do not necessarily represent our views or opinions. We do not endorse or support any views or opinions posted by Users on the Website or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.
8. Disclaimer of warranties and representations
Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website or any Information or services available through the Website. In particular, we do not warrant or represent:
9. Our liability
Nothing in this document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision).
However, to the maximum extent permitted by law, our liability for failure to comply with any Non-Excludable Provision is limited (at our option):
10. Links to third party websites
Copyright in the material in or available on the Website is owned by us or our licensors. Users may download information from the Website and print out that information, but only for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of the Website (including any Material posted on the Website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to us using the contact details below.
14. Changes to these terms and conditions
We may amend these terms and conditions from time to time by posting the amended version on the Website. Subsequent or continuing use of the Website will constitute acceptance of any changes.
Where there are material changes to these terms and conditions that could in our reasonable opinion adversely affect Users registered on the Website, we will notify those Users of the changes (which, for these purposes, may include notification when a User logs on to use the Website or an email sent to the User’s email address provided to us).