The website dietitianconnection.com and its related services, products, websites, tools and applications (“Website”) is owned and operated by Dietitian Connection Pty Ltd ACN 155 488 565 (“Dietitian Connection”).

These terms and conditions (“Terms and Conditions”) set out the terms on which we agree to give you access to use the Website. Other terms and conditions contained in the privacy policy (“Privacy Policy”) and elsewhere on our Website (including the text under the heading titled “Terms and Conditions – Website” contained below) also form part of our agreement with you.

Please carefully read these Terms and Conditions including the disclaimer in clause 10. By using the Website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the Website.  Each time you use our Website you should revisit these Terms and Conditions.

 

  1. Definitions & Interpretation
    1. Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

  • “Account” means a User’s online account to use our Services;
  • “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services;
  • “Buyer” means a person who uses the Website to search and place an order for Products;
  • “Buyer Policies” means the policies for Buyers available on the Website;
  • “Commission Fee” means the fee that Dietitian Connection charges Vendors in accordance with these Terms and Conditions;
  • “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
  • “Products” means any products made available for sale by a Vendor on the Website from time to time;
  • “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the Website and any other platform developed by Dietitian Connection and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
  • “Loss” means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);
  • “our”, “us” and “we” means Dietitian Connection;
  • “Services” means any services we provide to you, including the Website;
  • “User” means any person who uses the Website, and includes a Vendor and Buyer;
  • “Vendor” means a third party User who registers themselves as a Vendor on the Website and sells, supplies and/or provides their Products on the Website;
  • “Vendor Policies” means the policies for Vendors available on the Website; and
  • “you” and “your” means a User, Buyer or Vendor (as the case may be).
  1. 2 Interpretation

In these Terms and Conditions, unless inconsistent with the context or subject matter:

  • a reference to a person includes any other legal entity and vice versa;
  • words importing the singular number include the plural number and vice versa;
  • a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
  • headings are for reference purposes only;
  • where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  • references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
  • unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
  • an obligation of two or more parties binds them jointly and each of them severally.
  1. Using The Dietitian Connection Website
    1. The Website provides an online marketplace that allows Users to offer their Products for sale on the Website to other Users who may make offers for and purchase those Products. Users of the Website who make Products available for sale are referred to as Vendors and specific provisions contained in clause 4 apply to them. Users who wish to browse and place orders for Products are referred to as Buyers and specific provisions contained in clause 5 apply to them. Please note that the Products available on the Website are provided as downloadable digital electronic goods and have licensing rights attached to them as set out on the Website in respect of the Product or within the Product itself.
    2. Although we sell Products on behalf of Vendor’s through the Website as their agent (and Vendor’s hereby appoint us as their agent to facilitate such sales), the actual contract for sale is directly between the Vendor and the Buyer and the Vendor and the Buyer are solely responsible for fulfilment of their obligations under that contract. We merely provide a Service that facilitates the entrance of a contract between the Buyer and Vendor.
    3. Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
    4. Subject to you complying with these terms, we will provide our Services to you as set out in these terms.
  2. Your Account
    1. In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address, a password and other personal information. You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activities (such as purchases) that happen under your Account, even if you do not authorise such activities.
    2. If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. Please contact us immediately if you believe your Account has been compromised or misused in any way.
  3. Vendors
    1. General

When listing and selling Products on the Website you agree to the terms of the Vendor Policies available here. So before you list or sell a Product on the Website, please make sure you have read these terms for Vendors. The Vendor Policies are part of these Terms and Conditions and are incorporated by reference.

  1. BUYERS
    1. General

Buyers can access the Website to view Products and place orders to purchase those Products from Vendors. When buying Products on the Website you agree to the terms of the Buyer Policies available here. So before you offer to or buy a Product on the Website, please make sure you have read these terms for Buyers. The Buyer Policies are part of these Terms and Conditions and are incorporated by reference.

  1. Prohibited use
    1. You must not access or use the Service or Website:
      • in a way that violates these terms;
      • for unlawful or dangerous activities or purposes;
      • in a way that is fraudulent, inaccurate, false, misleading or deceptive;
      • in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);
      • in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
      • in a way that damages the credibility of the Website or us or that creates liability for us;
      • to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
      • to distribute or post spam;
      • in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Services;
      • collect User’s information and harass them; or
      • in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).
  1. Non-Circumvention

You acknowledge and agree that you will not contact another User directly after becoming aware of such User following use of the Website. You are strictly prohibited from directly or indirectly attempting to circumvent payment of our Commission Fees in any way.

  1. Access and Termination
    1. We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it for any reason, including Accounts that we in our sole discretion, consider to be objectionable for any reason, in violation of these terms or otherwise harmful to the Website.
  2. Intellectual Property Rights and data
    1. Intellectual property rights

You acknowledge and agree that:

  • we own all right, title and interest in and to the Website and the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
  • you consent to us transferring your data to third party IT providers, including our Website host and back-up service provider, which may be outside of Australia;
  • you will not copy, reproduce, alter, modify, create derivative works, or publicly display our Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
  • you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate any Content (such as Products you provide to us) in order to provide our Services;
  • you warrant that any Content (such as Products) you provide us with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party;
  • we are not liable or responsible for any loss that you may experience in submitting Content (such as Products) to us or for our use of your Content in accordance with the licence granted; and
  • you must not falsely express or imply a relationship between you and us.
  • Vendor intellectual property rights

If you are a Vendor you acknowledge and agree that:

  • you will retain all right, title and interest in the Products and no right, title or interest is transferred except so far as expressly stated in these Terms and Conditions;
  • you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate each Product in connection with the Services, including the right to sub-licence the use of any Product on your behalf to one or more Buyers on the Website (in accordance with these terms);
  • you warrant that any Product listed on the Website, and the use of the Product by third parties (including Buyers) will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party; and
  • you warrant that you have obtained any moral right consents in writing necessary for the listing and use of the Product on the Website.
  1. Disclaimer
    1. You acknowledge and agree that your use of this Website and the Services is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Products and anything relating to Vendors or Buyers). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties. You acknowledge and agree that:
      • we cannot guarantee continuous operation of or access to our Services, or that your use of the Services will be error free;
      • we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not;
      • you assume total responsibility for your use of the Website;
      • Dietitian Connection does not take any steps to confirm the identity of Users and whilst we do use our best endeavours to confirm the identity of Users, because User authentication on the internet is difficult, particularly in cases of fraudulent or misleading conduct, Dietitian Connection cannot and does not confirm nor warrant or guarantee as to each User’s purported identity, information or location.  We encourage you to use the Website as a platform to conduct your own enquiries to vet other Users to your satisfaction.
      • Dietitian Connection does not endorse any Vendor or Buyer nor do we endorse any Products on the Website; and
      • any information published by us is general in nature and does not constitute medical or any other type of advice. The Content that we provide to you and in any linked or referred to mate­ri­als or websites is not and should not be con­strued as med­ical advice. The Content is provided as a convenience to you and is to be taken as general information only. The Website is not intended to establish a doctor/health practitioner-patient relationship between us and you, nor is it intended to replace the services of a health care professional. If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner. You should not rely on any infor­ma­tion con­tained in the Website or a Product in mak­ing med­ical, health-related or other deci­sions.
    2. You acknowledge and agree that Dietitian Connection is not engaged in any transaction arising or entered into between Users and we are not a party to any such transaction. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the legality, accuracy, completeness or otherwise of:
      • any Products;
      • any information provided by Users to each other;
      • the ability of Users to undertake their respective obligations; or
      • the fees charged by Users.

Because of the foregoing, in the event that you have a dispute with one or more other Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  1. Limitation of Liability & Release
    1. To the extent permitted by law, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
      • your use or inability to use this Website in any way;
      • any Content you provide; or
      • any action taken on your Account.

You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.

  • If you are a Buyer, you acknowledge and agree that we are not the supplier of the Products, and that any claim that you may have against the Vendor under any guarantee at law that cannot be excluded, is solely against the Vendor and not us.
  • Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any Loss or damage or injury arising our of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms and Conditions in the 12-month period preceding the matter or event giving rise to the claim.
  • We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
  • This limitation of liability and indemnity applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.
  1. indemnity
    1. You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind, due to or arising out of:
      • your breach of these Terms and Conditions or any policy or the terms and policies they incorporate by reference;
      • your violation of any law or the rights of a third party;
      • if you are a Vendor, any claim made against us by a third party arising out of or in connection with the Products including (without limitation) any claim made against us for actual or alleged infringement of a third party’s intellectual property rights;
      • if you are a Buyer, any claim made against us by a third party arising out of or in connection with the Products including (without limitation) any claim made against us in relation to your use of a Product and/or your obligations to fulfil a contract for purchase of a Product;
      • your disputes with Users; and/or
      • otherwise arising directly or indirectly from your use of the Services.
  1. GST
    1. Words used in this clause that have a defined meaning in the GST Law (as defined in the in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) have the same meaning as in the GST Law unless the context indicates otherwise.
    2. Unless expressly stated otherwise, the consideration for any supply under or in connection with this Agreement is exclusive of GST.
    3. To the extent that any supply made under or in connection with this Agreement is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under this Agreement for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and on the issue of an invoice relating to the supply.
  2. Miscellaneous
    1. Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
    2. These Terms and Conditions are governed by the laws of Queensland, and the parties submit to the jurisdiction of the Courts of Queensland and relevant federal/Commonwealth courts competent to hear appears from them.
    3. These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
    4. If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions or read down to the extent necessary and the clauses that are not void or unenforceable shall be unaffected by the severance.
    5. You agree that these Terms and Conditions and all incorporated agreements may be assigned by Dietitian Connection in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining Dietitian Connection’s prior written consent.
    6. We may assign our rights and obligations under these Terms and Conditions upon giving you written notice. You must not assign your rights or obligations under these Terms and Conditions without our consent.
    7. Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of Dietitian Connection.
    8. You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
    9. These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
    10. Nothing in these Terms and Conditions or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Dietitian Connection and Users.