Users of our Site or Services must be 18 years of age or older, and by using our Site or Services you warrant that you are at least 18 years of age and that the Services are being acquired for yourself, or on behalf of your child over the age of 13 years where you are that child’s parent or legal guardian.
You agree that the Services are deemed to be provided in Australia and subject always to Australian Law.
2. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE
All content on our Site is for informational and educational purposes only. Any statements made on our Site or in our Services are not subject to evaluation by any other agencies. None of the content or products offered on our Site are meant to diagnose any medical or health conditions. The Services found on our Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services. If you have or suspect that you have a medical problem, you should contact your health care provider.
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new nutrition or fitness regime should consult with an appropriate healthcare professional before beginning any nutrition or fitness program. You should not disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on our Site.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site. Our Services may not be suitable to your particular circumstances.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You acknowledge that by participating in or otherwise obtaining our Services, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using our Services. This is a risk warning pursuant to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You assume all risks not excluded by law in connection with your participation in Services or use of our Site. To the extent permitted by law, we exclude any express or implied warranties of fitness for purpose or reasonable care and skill.
Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
4. NUTRITIONAL INFORMATION
Nutritional information provided on our Site or in conjunction with our Services is based on extensive research and consideration of facts and expert advice available from time to time. Before relying on any nutritional information on our Site or obtained through our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and obtain appropriate expert advice relevant to your circumstances where necessary. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published on our Site or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
6. PURCHASE OF PRODUCTS OR SERVICES
As part of your continued use of our Site or to purchase our Services you warrant that any personal information you provide to us will always be accurate, correct and up to date.
You indemnify and us and our officers, employees, agents, contractors and consultants and agree to keep us indemnified in the event any of the information you provide us is inaccurate, correct or not up to date, and we rely on this information to our detriment.
In order to purchase any of our Products or Services you will be required to select one of the payment methods available on our Site which may require you to provide us with your credit or debit card information. Please be aware that all credit or debit card information may be shared with our third party payment processors such as PayPal. By ordering a Service from us, you agree that we may charge you the price listed at the checkout screen on our Site, and that any payments made via PayPal may attract an additional percentage fee, as charged by PayPal from time to time.
Any concerns regarding payment should be made to us at email@example.com.
7. DELIVERY OF SERVICES
Online Courses and Consultations
If you have purchased a physical Product, this will be dispatched to the mailing address you provided at checkout. Where the Product you have purchased comprises a service, this purchase will be recorded against your client account until it is redeemed by you.
Reading Guides, Food Lists and Other Resources
8. REFUND POLICY
In the event of any defect with the Services that you have purchased on or through our Site, your remedies will be as prescribed under Australian ConsumerLaw, and our liability will be limited to replacement of the Services in question (where applicable), or refund to the value of those Services. If you believe any of the Services purchased on or through our Site contain a defect, you must notify us immediately by emailing us at firstname.lastname@example.org.
SECTION TWO – USE OF OUR SITE
9. USING THE WEBSITE: SPECIFIC WARNINGS
We make our Services available to you through our Site. When you use our Services (including the downloading of any resources), we grant you a personal, non-exclusive, revocable, limited license to use the relevant Service and access our Site. This means you may not re-sell our Services anywhere else or use for any commercial purpose, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service (“Licence”).
10. USER ACCOUNTS
You are solely responsible for protecting the security and confidentiality of your Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of Site security you may be aware of. You will be solely responsible for all access to and use of a Site by anyone using your Login whether or not such access to and use of our Site is actually authorized by you.
11. SERVICE CHANGES AND AVAILABILITY
We reserve the right to alter, update, or remove any of our Services at any time. We may modify our Services for any security reason, in our discretion. We do not guarantee that our Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.
12. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed.
a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site; or
b) commercialise any information, products or services obtained from any part of our Site, without our written permission.
By uploading, transmitting, posting or otherwise making available any material on a Site and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
13. LINKING AND THIRD PARTY CONTENT
You must not frame, reformat, replicate or mirror any part of our Site or use any data mining robots or other extraction tools in relation to our Site, without our prior written authorisation.
You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.
Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to websites operated by other organisations and individuals (“Third Party Website”). Third Party Content and Third Party Website are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Website or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Website, you do so solely at your own risk.
14. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Your use of our Site and use or purchase of our Services is at your own risk. The information, materials, and Services provided on or through our Site are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services listed or purchased on or through our Site. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Services, for product defects or failures, claims that are due to your use of our Services, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
We cannot guarantee that any Services found on our Site will work as advertised, or that they will give you the desired results.
By accessing our Site or using our Services, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Site or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site or using our Services, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Site.
In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
16. LIMITATION OF LIABILITY
Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Services. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Services, any website linked to our Site or Services (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site. In the event of any problem with the Services or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.
18. PRIVACY AND CHILD PROTECTION
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 (Vic) (“Health Records Act”) and the applicable Health Privacy Principles in the Health Records Act when handling personal information which is health information.
We also comply with all Australian Child Protection legislation to the extent applicable.
Variation and Waiver
Approvals and Consents
Relationship of Parties
Governing Law and Jurisdiction
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
20. LEGAL NOTICE AMENDMENTS
21. TERMINATION OF ACCESS
Olivia Jackson ABN 53 574 622 973 trading as yum. Gluten Free (“yum. Gluten Free”, “us”, “we”, “our”), complies with thePrivacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 (Vic) (“Health Records Act”) and the applicable Health Privacy Principles in the Health Records Act when handling personal information which is health information.
We take the protection of your personal information seriously. Personal information includes any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established.
Collection: We collect personal information for the purposes of delivering our products and services. We may collect information through our websites www.yumglutenfree.com.auand https://thevillage.yumglutenfree.com.au(“Websites”), or in the course of providing our services in person, verbally and/or in writing from time-to-time.
We collect personal information:
• from our customers – when they register an enquiry, register for the course, pay for a product, sign up to our newsletter or to be a member either on one of our two websites or through a third party site, and when they send enquiries via the website contact form or email
• when we receive enquiries through the Website and when the Website is otherwise accessed or used;
• when we receive enquiries via email; and
• from third party service providers – when they are engaged to supply services to us (such as professional services), provide information to us or invoice us for the provision of services.
The kind of personal information we may collect will depend on who you are (e.g. a client or third party service provider) and the nature of your interaction with us, and may include your full name, email address, age, weight, and any medical conditions or allergies/intolerances, billing information and other personal information. If you do not provide us with all the information we request, we may not be able to deliver our services.
Some personal information we collect may include health information as defined in the Health Records Act. We collect health information from customers for the purposes of providing nutritional counselling and associated nutritional plans.
This enables us to safely, appropriately and accurately provide our services and assess the needs of our customer in the provision of our services and to generally assist in optimising the quality of our service.
In all cases, unless you have opted out, you consent to us using your personal information (excluding health information) for direct marketing purposes in order to tell you about our services. We may contact you by mail, telephone, email or SMS to market our products and services. We will always give you the opportunity to opt out of receiving any future direct marketing correspondence.
We comply with the Health Privacy Principles in the collection, use and disclosure of all health information. We collect your health information:
• from our customers when they purchase an online course or associated package;
• as necessary for the provision of our services, but only as necessary for the provision of our services, or as otherwise in accordance with your consent, or as may be required by law including Court order;
• only from you (or from someone authorised by you) (including your caregiver if you have one);
• with accuracy, on the basis that you may at any time request a copy of the health information that we hold by emailing us at: email@example.com. In the event our records are found to be inaccurate, we will rectify any inaccuracies on the basis of the further information you provide.
Disclosure and sharing:
You may authorise us to stop processing your Personal Information at any time.
Data security and quality:
We will take reasonable steps to protect the personal information we collect and hold from misuse, loss and interference and from unauthorised access and modification, and to make sure it is accurate, complete and up-to-date when we collect, use or disclose it.
We have procedures of monitoring the security and safety of data as well as procedures in place for dealing with any data breaches, and the associated requirements of notifying you and appropriate authorities where that data security of your Personal Information is breached.
To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading (and we will take reasonable steps to correct the information). We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed.
Your right to erasure:
The right to erasure (which encompasses the ‘right to be forgotten’) gives you a right to require us to delete your Personal Information in certain circumstances, and/or to return it to you including, but not limited to where your Personal Information is no longer necessary for the purpose for which it was collected, or where you withdraw your consent and there is no other legal ground for processing your data. If you wish to have your Personal Information erased and/or returned to you please notify us at firstname.lastname@example.org.
You can modify your browser to prevent cookie use – but if you do this our service (and our Website) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Website.
Our website uses Google Analytics, a service which transmits website traffic data to Google Servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
Access, correction and complaints:
You can request, and we will provide you with access to, any personal information we hold about you (including any health information) (subject to any applicable legal exceptions). Please also let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them. Requests should be submitted by email to: email@example.com. Where our records are found to be inaccurate, we will promptly rectify any inaccuracies on the basis of the further information you provide.
Transfer in certain circumstances:
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us then, in our sole discretion, we may transfer, sell or assign personal information collected to one or more relevant third parties.