Customer Agreement
EatingSafe™ is an Internet based online information Service (“Service”). Please read this Customer Service Agreement (“Agreement”) carefully before submitting your registration for the Service. By completing the registration application process and using the Service as provided by the web site EatingSafe™ you agree to abide by the terms and conditions of this Agreement
General Rules
By registering or using the Service, you agree to be bound by all the terms of the Agreement.
EatingSafe™ Pty Ltd (“EatingSafe.com”) reserve the right to change or modify the terms of the Agreement or any features of the Service at any time, and such changes and/or modifications shall be effective immediately upon either posting of the change and/or modification as the case may be, or by notifying you. You agree to review this agreement periodically to ensure that you are aware of any such change or modifications. Your continued access or use of the Service shall be deemed your conclusive acceptance of the modified agreement. EatingSafe™ may also impose limits on certain features and Services or restrict your access to parts or all of the Service without notice or liability. You hereby represent that you have read and agree to be bound by this Agreement and the EatingSafe™ Privacy Policy.
1. Content and user submissions
1.1 You acknowledge and agree that all materials constituting our Service including but not limited to text, photographs, graphics, video and audio content (“the Content”) are proprietary and constitute valuable intellectual property owned or controlled by EatingSafe™, their affiliates or the party credited as the provider of the Content. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use the materials available with the Service only as authorized by EatingSafe™. You agree to be personally liable and fully indemnify us for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Service, with or under the authority of, any other persons, including, without limitation, any governmental agency (ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Service including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s). You agree not to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service, except that you may download material from the Service for your own personal non-commercial use, provided you maintain all copyright and other notices contained therein. Without limiting the generality of the foregoing, you may not distribute any part of the Service or Content over any network including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
1.2 EatingSafe™ was designed for presentation of the Content and to provide the Service in a unique format and appearance to our registered users. We are concerned about the integrity of the Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the Service. Without limiting the provisions of 2, neither you nor any third party shall make use of the Content in any manner that constitutes an infringement of our rights (including copyright), including but not limited to “framing”, downloading or establishing unauthorized links to any part of the Content on your or any third party’s Web site.
2. Registration
2.1 EatingSafe™ reserves the right at anytime to change the required data for registration in order to access portions of the Service or the Service as a whole. All renewals can be terminated by visiting Customer Service. Registrations cannot be assigned or transferred to any other person or entity, registered users must promptly inform EatingSafe™ of the following: changes in e-mail address; apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until we are notified by conventional mail, e-mail or telephone at our Administrative Office at info@eatingsafe.com. You will remain liable for any unauthorized use of the Service.
2.2 Registration renewal to the Service may be terminated or cancelled at any time, and without cause, by either EatingSafe™ or the registered user upon notification of the other by electronic or conventional mail, or by telephone.
3. Representations and Warranties; Injunctive relief; User indemnity
3.1 You represent and warrant (a) that no materials of any kind submitted through your usage will (1) violate, copy or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (2) contain libelous, defamatory, indecent, pornographic or otherwise unlawful material.
3.2 You acknowledge and agree that EatingSafe™ and its information providers, licensors and licensees would suffer irreparable harm, not compensated with money damages if you infringe on copyrights to the Content, and you irrevocably consent to the grant of injunctive relief to enforce such rights. Such remedy shall be in addition to all other remedies available at law or equity.
3.3 You hereby agree to indemnify EatingSafe™ and all of their respective officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified parties”) from and against any and all liability and costs, including, without limitation, full attorneys’ fees on a solicitor and client basis. Incurred by the indemnified parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the representations, warranties and covenants contained herein. You shall cooperate as fully as reasonably required in the legal protection of any such claim. We reserve the right to assume the exclusive legal protection and control of any matter subject to indemnification by you and we shall be entitled to be reimbursed by you for the full costs incurred by us for such legal protection.
4. Registrations, Access and Security
4.1 Registered users are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through the use of a password. Each registered user must keep his password strictly confidential. For security reasons, we will not release passwords. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
4.2. Subject to the terms and conditions set forth herein, we hereby grant you a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software that may be associated with the authorized registered user use of the Service which EatingSafe™ may provide during the period in which you are a current registered user in good standing. You may use the Service only in accordance with the terms and conditions of your registration, only on one computer at a time and, if EatingSafe™ makes downloadable copies of the Service available, you may make only a single copy of such Service for your personal use and enjoyment. You may not remove any propriety notices from EatingSafe™ at any time. You cannot make use of the Service not expressly authorized herein or by prior express written authorization from EatingSafe™. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of the Agreement, cease, for any reason, to be a registered user in good standing, or are notified of its termination by EatingSafe™ or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Service in you possession.
4.3 You shall notify customer Service at info@eatingsafe.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
4.4 You are responsible for all usage or activity on you EatingSafe™ account, including use of the account by any third party authorized by you to use your user name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at EatingSafe™ sole discretion, and EatingSafe™ may refer you to appropriate law enforcement agencies.
5. Forums
5.1 Although EatingSafe™ will attempt to keep all objectionable and false messages from appearing on any of our forums, it may not be possible at times for us to review or intercept all messages. It is to be understood that all messages express the sole view of the author and neither EatingSafe™ nor EatingSafe™ Pty Ltd. (Developers of the interactive food label forum) will be held responsible for the content of any message. By agreeing to these rules, you warrant that you will not post any messages that are false, vulgar, obscene, sexually oriented, hateful, threatening, or otherwise unlawful.
EatingSafe™ reserves the right to remove, edit, move or delete any messages for any reason.
6. Copyrights and Intellectual Property.
6.1 With the exception of public domain material or material otherwise licensed to EatingSafe™ for electronic dissemination, all Service displayed at or otherwise available through the Service are proprietary, and, except for initial downloading, may not be copied, printed, redistributed, or downloaded, in whole or in part, without the prior written authorization of EatingSafe™. The Copyright Laws of Australia, international copyright treaties and other laws and regulations protect all editions of the Service. All rights are reserved. All intellectual property and other rights in and to the Service and other matter at the Service shall at all times remain with EatingSafe™, its owner(s), subsidiary (ies), llicensee(s), and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Service is the property of the applicable content owner, which may be EatingSafe™, its owner(s), subsidiary (ies), licensee(s), and assign(s), or others, and may be protected by applicable copyright and/or other laws.
7. Prohibited Uses.
7.1 All Service included on the Service are for the private use by registered users only. The EatingSafe™ intends no other uses and any other use is strictly prohibited. You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which EatingSafe™ does not authorize such access, viewing, downloading, receipt or other use. You hereby acknowledge and agree that no materials from any parts of the Service are authorized, and no materials are intended, by EatingSafe™ to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law. You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Service in which you are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in prohibited areas in any manner shall constitute intentional infringement(s) of our (and potentially other’s) intellectual property rights and other rights in such materials and shall further constitute a violation of our trademark and other rights, including, but not limited to, rights of privacy. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Service; (2) modifying, translating, reverse engineering, recompiling, disassembling the Service (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Service except as provided herein; (4) renting, leasing, or transferring any rights in the Service; (5) removing any proprietary notices or labels on the Service; and (6) making any other use of the Service. This license does not grant you any rights to any software enhancements or updates of any kind. If EatingSafe™ should at any time provide any Service which enables registered users to communicate with or otherwise share information with other registered users or persons providing any kind or Service to registered users, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to our otherwise directly or indirectly using the Service or other Services provided to you by EatingSafe™. Transmission of such material or any material that violates any National, State, or local law in Australia or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling us to immediately terminate all rights to access to the Service.
8. Disclaimer of warranties
8.1 You agree that the Service and all other Services provided to you by EatingSafe™ are provided on an “AS IS” basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Service and all Services provided by EatingSafe™ is borne by you. Should the Service or any other Service provided by EatingSafe™ prove defective and/or cause any damage to your computer or inconvenience to you, you, and not EatingSafe™, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some countries or areas do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall EatingSafe™, its suppliers, licensees, resellers, or other registered users, or their suppliers, licensees, resellers or registered users be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, loss or revenue, loss of data, computer failure or malfunction, or any and all other commercial damages resulting from any use of the Service or other use of the Service. EatingSafe™ does not screen or endorse advertisements or communications submitted to the Service by third-party licensees, advertisers, or registered users for electronic dissemination through the Service. Registered users are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Service prior to purchasing goods and/or Services described at the Service or otherwise responding to any communication at the Service. No warranty is made by EatingSafe™ regarding any information, Services, materials or products provided through or in connection with the Service and EatingSafe™ hereby expressly disclaims any and all warranties, including without limitation; 1) any warranties as to the availability, accuracy, or content of Service, information, products, or Services; 2) any warranties of merchantability of fitness for a particular purpose. Some countries and areas do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Limitation of Liability
9.1 EatingSafe™ and their respective officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents or licensors are not liable for incidental, indirect, consequential, special punitive, or exemplary damages of any kind including lost revenues or profits, loss of business or loss of data in any way related to the Service or for any claim loss or injury based on errors omissions, interruptions of other inaccuracies in the Service. Any liability to EatingSafe™, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence or under any other cause or action shall be strictly limited to the amount of membership fee paid by or on behalf of the registered user to EatingSafe™ for the preceding month. Some countries and areas do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The EatingSafe™ is not liable for damages resulting from dissemination, failing to disseminate, or incorrectly or inaccurately disseminating any Service, data, advertisement or other communication at or through the Service.
10. Notices and Communications.
10.1 Notices from the Service to registered users may be given by means of e-mail, by general posting on the Service or by conventional mail. Communications from you to EatingSafe™ may be made by e-mail, conventional mail or telephone. All questions, complaints or notices to the Service may be sent in the following manner: (1) by authorized e-mail; or (2) by telephone to our Customer Service Department during normal business hours at 07 3720 8413. You are solely responsible for all information, which you submit, publish, display, disseminate or otherwise communicate through the Service even if a claim should arise after termination of Service. If EatingSafe™ provides any such Service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other registered users who are authorized to access the Service and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether EatingSafe™ provides any type of Service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to EatingSafe™ directly or through the Service can be read by the operators and/or other agents of EatingSafe™, whether or not they are the intended recipient(s).
10.2 Unless you indicate on your registration form that you do not want to receive such information, EatingSafe™, its owners and assigns, reserve the right to allow certain third party vendors to provide you with information about products and services. We also reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service, and to gather and use information about your usage and demographics, and agree to maintain you data privacy in accordance with the EatingSafe™ Privacy Policy.
11. Software Licenses
11.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service. You may not sub-license, assign or transfer any Licenses granted by EatingSafe™ and any attempt at such sub-licence assignment or transfer shall be null and void.
12 Disclaimers
12.1 Please note that the information on this website is a guide only and not intended as medical advice. Any dietary health concerns or queries any individuals may have should be discussed with a duly registered Dietician or Physician. The information or data contained in this website has been prepared by EatingSafe™ Pty Ltd and every effort has been made to ensure that information is accurate. However EatingSafe™ Pty Ltd cannot confirm the accuracy of the information or data, and accepts no liability for any act or omission, done or omitted in reliance, in whole or part, on the information or data being accurate.
12.2 Please ensure that you have read this disclaimer before using the information provided.
For the purposes of the Allergen Free Evaluation reports, EatingSafe™ Pty Ltd. has followed the FSANZ Food Standards Code: Standard 1.2.3. The data showing the presence or absence of specific allergens is solely dependent on the information as listed on the food label as supplied by the relevant Food Manufacturer. Legislation or Regulations may permit a food manufacturer not to list an ingredient constituting less than a specific percentage of the total product, therefore some allergens present, may not be listed on the food label. While every care has been taken to ensure that the information is accurate, product ingredients can change without notice and human errors can occur. EatingSafe™ Pty Ltd accepts no liability for any inaccuracies, which may occur. Other products produced by companies other than those listed may be appropriate for inclusion but are not listed because EatingSafe™ Pty Ltd have not been supplied with the relevant data. All product changes, new data, and re-formulations will be updated on the website regularly and we urge registered users to constantly review these listings.
13. Miscellaneous
13.1 This Agreement contains the entire agreement between you and us regarding our Services or you use of Service from the Service or (and all materials directly and indirectly related thereto). This Agreement supersedes all prior written and oral understandings, writings and representations and may only be amended upon notice by EatingSafe™. This Agreement shall be governed by and construed under the laws of the Commonwealth of Australia. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. This Agreement is binding on successors and assigns.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS BY YOUR USE OF THE SERVICE™