1 Access 

• 1.1 By accessing the Service, the Subscriber agrees to be bound by these terms and conditions.
• 1.2 The Subscriber must:
  • (a) only use the Website Material in the course of the Subscriber’s professional practise as a dietitian (which includes the right to print off and distribute copies to clients), and for their own personal use; and
  • (b) keep the Subscriber’s password to the Service secure, and ensure that no person other than the Subscriber logs into the Service using the Subscriber’s password.
• 1.3 The Subscriber warrants that the Subscriber is a qualified professional dietitian or health care professional or a student studying a dietetics or health sciences course.
• 1.4 The Subscriber acknowledges nothing in this agreement is intended to give the Subscriber any Intellectual Property Rights in the Website Material or any other Intellectual Property Rights of Dietitian Connection.
• 1.5 The Subscriber acknowledges and agrees that:
  • (a) the Website Material and Service may be incomplete and contain errors, and Dietitian Connection makes no representation and gives no warranty that the Service will contain any particular the Website Material, function in any particular way or be available at any particular time; and
  • (b) the Service may not be available from time to time.
• 1.6 The Subscriber authorises Dietitian Connection to monitor the Subscriber’s use of the Service and to use information relating to the Subscriber’s use of the Service to market products or services to the Subscriber.
• 1.7 Dietitian Connection makes no representation and gives no warranty that use of the Service or the Website Material will not infringe the Intellectual Property Rights of any third party.
• 1.8 The Subscriber must ensure that the Subscriber Material is complete and accurate at all times.
• 1.9 The Subscriber acknowledges that Dietitian Connection may delete or block any Subscriber Material at any time.
• 1.10 The Subscriber acknowledges that Dietitian Connection is relying on the completeness and accuracy of the Subscriber Material, and if the Subscriber does not provide complete and accurate Subscriber Material, Dietitian Connection may be unable to provide the Service.
• 1.11 The Subscriber must retain a copy of all the Website Material relating to the Subscriber stored through the Service, so that all such the Website Material can be recovered by the Subscriber if that the Website Material can no longer be accessed through the Service.
• 1.12 The Subscriber acknowledges and assents that for the purposes of s442E of the Criminal Code (Qld), Dietitian Connection may from time to time act as agent on behalf of any individual or organisation whose products or services are advertised on the Website, and may receive valuable consideration from vendors of the goods or services for their promotion on the Website.

2 Licence

• 2.1 The Subscriber grants Dietitian Connection a non-exclusive, perpetual, global, non-transferable licence (including the right to sublicense) to use and modify the Subscriber Material for any purpose, including without limitation to provide the Subscriber Material to third parties through the Service.
• 2.2 The Subscriber represents and warrants, and it is a condition of this agreement that:
  • (a) the Subscriber has all necessary consents (including without limitation consents required by the Privacy Act 1988 (Cth)) to permit Dietitian Connection to use the Subscriber Material as contemplated by clause 2.1;
  • (b) exercise of the rights contemplated by clause 2.1 will not infringe the Intellectual Property Rights of any third party; and
  • (c) the Subscriber Material will be complete and accurate.

3 Term and termination

• 3.1 This agreement commences on the date the Subscriber first accesses the Service and continues until terminated under this clause 3.
• 3.2 Either party may terminate this agreement at any time for convenience by providing written notice to the other party, in which case this agreement will terminate immediately.
• 3.3 The Subscriber expressly waives any rights it may have to terminate this agreement except as contemplated by this clause 3.
• 3.4 Dietitian Connection may suspend the Subscriber’s access to the Service or terminate this agreement without notice from time to time, including without limitation if Dietitian Connection suspects that the Subscriber is in breach of this agreement.
• 3.5 The Subscriber acknowledges that Dietitian Connection may terminate this agreement or suspend access to the Service under this clause 3 without considering the impact of such action on the Subscriber.
• 3.6 On termination of this agreement:
  • (a) the Subscriber must not access the Service; and
  • (b) accrued rights or remedies of a party are not affected.
• 3.7 Clauses 2 and 4 survive termination of this agreement.

4 Liability and indemnity

• 4.1 Subject to clauses 4.4 and 4.6, any liability of Dietitian Connection for any loss or damage, however caused (including, without limitation, by the negligence of Dietitian Connection), suffered or incurred by the Subscriber in connection with this agreement is limited in the aggregate to $10.
• 4.2 The limitation set out in clause 4.1 is an aggregate limit for all claims, whenever made.
• 4.3 For clarity, and without limiting clause 4.1, the parties agree that clause 4.1 is to apply in connection with a breach of this agreement, anticipated breach of this agreement or other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.
• 4.4 Subject to clause 4.6, Dietitian Connection is not liable for any Consequential Loss however caused (including, without limitation, by the negligence of Dietitian Connection) suffered or incurred by the Subscriber in connection with this agreement.
• 4.5 Except as contemplated by clause 4.6, nothing in this agreement is intended to limit any rights of the Subscriber under the Competition and Consumer Act 2010 (Cth).
• 4.6 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Dietitian Connection in connection with this agreement and Dietitian Connection’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 1.5, 4.1, 4.4, 4.7 and 8.9 do not apply to that liability and instead Dietitian Connection ’s liability for such failure is limited to (at Dietitian Connection ’s election):
  • (a) in the case of a supply of goods, Dietitian Connection replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
  • (b) in the case of a supply of services, Dietitian Connection supplying the services again or paying the cost of having the services supplied again.
• 4.7 The Subscriber is liable for, and indemnifies Dietitian Connection from and against, all loss or damage (including, without limitation, legal costs) however caused suffered or incurred by Dietitian Connection in connection with:
  • (a) an allegation by a third party that the Subscriber Material infringes the Intellectual Property Rights of that party;
  • (b) any act or omission of the Subscriber, including, without limitation, any illegal or negligent act or omission of the Subscriber; or
  • (c) any use by the Subscriber (including by a client of the Subscriber) of the Website Material.
• 4.8 Each indemnity contained in this agreement is a continuing obligation notwithstanding:
  • (a) any settlement of account; or
  • (b) the occurrence of any other thing, and it is not necessary for Dietitian Connection to incur expense or make payment before enforcing or making a claim under an indemnity.

5 Authorised use and reliance

• 5.1 The Subscriber must:
  • (a) not conduct any data mining in connection with the Service;
  • (b) only access the Service using a conventional web browser, such as firefox, safari or internet explorer;
  • (c) not interfere with or disrupt the Service, or servers or networks connected to the Service;
  • (d) not decompile, disassemble or reverse engineer the whole or any part of the software contained in or comprising part of the Service or Website.
  • (e) use the Service in accordance with any acceptable use or other policies displayed on the Website or otherwise notified by Dietitian Connection to the Subscriber from time to time;
  • (f) not access the Service for the purpose of creating a website similar to the Website;
  • (g) not defame or harass any person using the Service or use improper language;
  • (h) only use the Service in accordance with all applicable laws;
  • (i) not attempt to access any part of the Website that is restricted by privacy settings or otherwise;
  • (j) not rely on the Website Material, and must verify the Website Material by reference to an independent, appropriately qualified source before making a decision on the basis of the Website Material;
  • (k) comply with all applicable laws and ensure that its employees, agents and independent contractors comply with all applicable laws when using the Service; and
  • (l) without limiting clause 5(k), not use the Service for an anticompetitive purpose in contravention of the Competition and Consumer Act 2010 (Cth).
• 5.2 The Subscriber acknowledges that Dietitian Connection does not endorse and is not responsible for the content of any advertisements displayed on the Website.
• 5.3 Without limiting clause 5.1, the Subscriber acknowledges that:
  • (a) the information on the Website is not, and is not intended to be, medical advice;
  • (b) the Subscriber should not act or refrain to act on the basis of any of the Website Material without first satisfying itself as to the truth or accuracy of the Website Material; and
  • (c) professional medical advice should be obtained before taking action on any issue dealt with on the Website.

6 Costs, stamp duty and GST

• 6.1 Each party must meet or pay its own legal costs and disbursements in respect of the preparation, negotiation and execution of this agreement.
• 6.2 The Subscriber must pay all stamp duty (including penalties and interest) assessed or payable in connection with this agreement.
• 6.3 The Subscriber is responsible for and must pay all taxes, duties and government charges imposed or levied in Australia
• or overseas in connection with the performance of this agreement.
• 6.4 If a Supply made under or in connection with this agreement is a Taxable Supply, then at or before the time the consideration for the Supply is payable:
  • (a) the Recipient must pay the Supplier an amount equal to the GST for the Supply (in addition to the consideration otherwise payable under this agreement for that Supply); and
  • (b) the Supplier must give the Recipient a Tax Invoice for the Supply.
• 6.5 For clarity, the GST payable under clause 6.4 is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the Supplier is liable, however caused.
• 6.6 Where a Supply made under or in connection with this agreement is a Progressive or Periodic Supply, clause 6.4 applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.
• 6.7 Capitalised terms used in this clause 6 that are not defined in this agreement have the meaning given in the New Tax System (Goods and Services Tax) Act 1999 (Cth).

7 Force Majeure

Dietitian Connection will not be:

7.1 in breach of this agreement as a result of; or

• 7.2 liable for,any failure or delay in the performance of its obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the Subscriber.

8 General 

• 8.1 This agreement is subject to the laws of Queensland and the Commonwealth of Australia.
• 8.2 The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
• 8.3 Written notice under this agreement may be given by email.
• 8.4 In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
• 8.5 The Subscriber must not assign, in whole or in part, or novate the Subscriber’s rights and obligations under this agreement without the prior written consent of Dietitian Connection.
• 8.6 Dietitian Connection may amend this agreement from time to time by making the amended terms available on the Website, in which case the Subscriber will be deemed to have accepted the amended terms by accessing the Service after those terms have been published.
• 8.7 Only Dietitian Connection may assign its interest under this agreement.
• 8.8 Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
• 8.9 This agreement represents the parties’ entire agreement, and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in writing, relating to its subject matter.
• 8.10 The Subscriber warrants that it has the capacity and all necessary authority to enter into this agreement.
• 8.11 Where this agreement contemplates that Dietitian Connection may consent to, elect, determine, approve, nominate, decide or consider any matter or thing, Dietitian Connection may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required to give reasons or act reasonably unless this agreement expressly requires otherwise.

9 Definitions

In this agreement:

Term	Definition
Consequential Loss	means indirect loss, loss of revenues, loss of reputation, loss of the Website Material, loss of profits, consequential loss, loss of actual or anticipated savings, loss of bargain, lost opportunities, (including, without limitation, opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against the Subscriber by third parties.
Dietitian Connection	means Dietitian Connection Pty Ltd ACN 155 488 565.
Force Majeure Event	means any occurrence or omission outside a party’s control and: (a) a physical natural disaster including fire, flood, lightning or earthquake; (b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law; (c) internet delay or unavailability; (d) epidemic or quarantine restriction; (e) failure of a third party service provider (including without limitation a third party hosting the Website); (f) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (g) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency; (h) law taking effect after the date of this agreement; and (i) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors.
Intellectual Property Rights	means all industrial and intellectual property rights, both in Australia and throughout the world, including, without limitation, any copyright, trade or service marks, patents, registered and unregistered trade marks, registered designs, trade secrets, knowhow, moral rights, rights in relation to semiconductors and circuit layouts, formulations, components, concentrations, protocols, trade, business or company name, indication or source or appellation of origin, or other proprietary right, or right to registration of such rights;
Service	means access to the Website made available by Dietitian Connection to the Subscriber from time to time.
Subscriber	means you.
Subscriber Material	means all material uploaded onto the Service by the Subscriber or otherwise provided by the Subscriber or any third party (including clients of the Subscriber) to Dietitian Connection in connection with the Subscriber’s use of the Service, including without limitation documents, reports and information.
Supplier	means the entity making the Supply.
Supply	has the meaning given in the New Tax System (Goods and Services Tax) Act 1999 (Cth).
Term	means the term contemplated by clause 3.1.
Website	means www.dietitianconnection.com
Website Material	means any information, data, articles or reports obtained by the Subscriber through the Service.