Dietitian Connection Pty Ltd ACN 155 488 565 (Dietitian Connection) operates and is connected to various social media websites and networks.

In these terms and conditions, the expression social media includes but is not limited to websites and networks for social networking (including sites such as Facebook, Instagram, Pinterest, LinkedIn, You Tube and Twitter), media sharing facilities, forums and discussions boards, blogs and any medium which may be used to publish or communicate user-generated content operated by or associated with Dietitian Connection (Social Media).  These terms and conditions are in addition to each of the social media platform’s terms and conditions that govern your use of such sites.

In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Dietitian Connection Pty Ltd ACN 155 488 565.

By using and interacting with us and other users on our Social Media, you warrant that you are a qualified dietician and agree to be bound by the terms and conditions listed below and any other laws or regulations which apply to Social Media.  If you do not accept these terms and conditions, you must refrain from using Social Media.  We reserve the right to amend these terms and conditions from time to time.  Your continued use of Social Media following such notification represents an agreement by you to be bound by the terms and conditions as amended.

Intellectual property rights statement

As between you and us, all intellectual property rights in Social Media, including in design, text, graphics, logos, icons, sound recordings and all software relating to Social Media belong to or are licensed by us.  These intellectual property rights are protected by Australian and international laws.

You grant to us a global, non-exclusive, perpetual, sub-licensable, royalty-free licence to use any data, content, information, feedback or comments that you upload, post, or publish on Social Media.  If any of that information is regarded as your ‘personal information’ as defined in the Privacy Act 1988 (Cth), we ask that you please review our Privacy Policy which is available on our website (or on request), which sets out how we use, disclose and otherwise manage your personal information.  If you collect personal information about a third party individual, you must obtain that individual’s prior written consent before posting or otherwise sharing that personal information on Social Media.

You acknowledge that all information contained in Social Media is not and is not intended to be advice or used as a substitute for advice of any nature (which should be tailored to your individual circumstances).  Similarly, the products and services referred to in Social Media are for your information only, and you must exercise your own judgment before deciding to use a product or service advertised or referred to in Social Media.  You acknowledge that the advertisement of goods or services or publication of information or details about goods and services in Social Media does not constitute any form of endorsement of those goods or services by us.

Prohibited conduct

In using Social Media, you must not (and must not facilitate or encourage any third party to) access, post, publish, comment upon, reproduce or otherwise distribute material or content (in any form):

(a) of an illegal or offensive nature, including material that is discriminatory, sexually explicit, harassing, intimidating, fraudulent or otherwise inappropriate;

(b) of a defamatory or a derogatory nature;

(c) of a bullying, intimidating, harassing, disparaging or violent nature;

(d) which is of a misleading nature or makes any misrepresentation, regardless of whether the material is deliberately misleading;

(e) which discloses any personal, confidential, sensitive or proprietary information of any third party, including but not limited to health information and health records or data;

(f) which breaches copyright, other intellectual property rights or any other rights of a third party;

(g) to initiate or participate in any activity which may breach any laws in force anywhere in the world;

(h) for any unauthorised commercial or promotional use (including unauthorised advertisements or spam);

(i) that contains a virus or other malicious code;

(j) that engages automatic data collection or scraping activities;

(k) that could disable, burden or impair the proper working or appearance of our Social Media, such as a denial of service attack, direction of unwanted traffic or interference with Social Media functionality.

Right of removal

Dietitian Connection may in its absolute discretion, remove, hide or block any material or content that you post or publish on Social Media, including without limitation, any material that Dietitian Connection determines to be inappropriate (including spam), or in breach of this agreement.

If you breach this agreement, Dietitian Connection may, in its absolute discretion, block or limit your access to Social Media and cancel your Dietitian Connection membership.

Linked websites

Social Media may contain links to other websites.  The links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.

Secure data

Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  We do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information that you transmit to Social Media is transmitted at your own risk.  If you become aware of any problems with the security of the data or any Social Media, please contact us immediately.

You must keep your social media login and password details safe and not share those details, let anyone else access your social media account or do anything that might jeopardise the security of your social media account.

Warnings

You must ensure that your access to Social Media is not illegal or prohibited by laws which apply to you.

We do not warrant the accuracy, adequacy or completeness of the information on Social Media, nor do we undertake to keep our Social Media updated.  We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on Social Media.  Material displayed on Social Media is for information purposes only.

The information on Social Media posted or published by us or any other third party user is not, and is not intended to be, medical or any other type of advice.  You should contact a health care professional for any health care or medical advice.  You should not act or refrain to act on the basis of any of the information or material on Social Media without first satisfying yourself as to the truth or accuracy of all information given.  Professional medical or other advice should be obtained before taking action on any issue considered using Social Media.

For the purposes of s442E of the Criminal Code (Qld), we may from time to time act as agent on behalf of any individual or organisation whose products or services are advertised on Social Media, and may receive valuable consideration in exchange for the promotion of the goods or services on Social Media.  An advertisement of a good or service by us does not mean we endorse it.

You must take your own precautions to ensure that the process that you employ for accessing and using Social Media does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system.  For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of Social Media or any linked website.

Limitation of liability

 

We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of Social Media.

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

Except as stated in the prior paragraph, nothing in these terms and conditions limits any rights you may have under the Competition and Consumer Act 2010 (Cth).

Indemnity

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of Social Media, any information that you provide to us via Social Media or any damage that you may cause to our Social Media.  This indemnification includes, without limitation, liability relating to intellectual property infringement (including copyright and trade mark infringement), defamation, breaches of privacy and breaches of the Competition and Consumer Act 2010 (Cth).

Access

Access to Social Media may be withdrawn, monitored, restricted or blocked at any time without notice.  These terms and conditions will survive any such withdrawal, monitoring, restriction or blocking.

Governing law and jurisdiction

If a dispute arises regarding these terms of use, the laws of Queensland, Australia, will apply.  In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.