1. The registration-only section of the website and its features (the Blogsite) is owned and operated by Dedece Pty Ltd of 263 Liverpool Street, Darlinghurst, NSW 2010 (“we/us”). The use of this Blogsite is governed by the following terms and conditions (the “Terms and Conditions”). The terms and conditions set out in http://www.dedece.com continue to apply to other parts of the website.
2. By registering to use or using this Blogsite, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to registering or using this Blogsite. If you do not agree with these Terms and Conditions you must not register and must immediately stop using this Blogsite.
3. When you register to use the Blogsite, you will be provided with certain identification information (such your email address and password) (ID Information) used to access the Blogsite. You are solely responsible for any use of the Blogsite using your ID Information.
4. You must maintain the security of your ID Information.
5. You acknowledge and agree that any access to or use of the Blogsite (including any materials that may be posted on the Blogsite) by means of your ID Information is deemed to be access or use by you.
6. Information sent by you to us through this Blogsite is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information, and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.
7. We do not represent or warrant that this Blogsite will be accessible or available on a timely basis, or that access to this Blogsite will be uninterrupted or error free. Nothing in these Terms and Conditions obliges us to continue operating all or any part of this Blogsite. We may modify or close down this Blogsite (or part of it) at any time without any liability on our part.
10. We may collect and use your User Submissions for the purposes of (1) improving our products and services; (2) promoting our goods or services to you; or (3) contacting you in relation to your User Submissions.
11. You consent to the collection, disclosure and use of your personal information by us as set out above.
Links to Third Party Sites
12. This Blogsite may contain links to other websites maintained by third parties. These website have not been prepared by and are not controlled by us. We do not make any representation as to the accuracy or suitability of any of the information contained on those other websites, and do not accept any responsibility or liability for the conduct of those third parties or content of those other websites.
13. If this Blogsite contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Blogsite does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.
14. Except as expressly permitted in these Terms and Conditions, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish, resell, store or otherwise deal with any part of this Blogsite (whether in hard copy, electronic or any other form) without our prior written consent.
18. Any reproduction of any content from this Blogsite must include a prominent acknowledgement of our rights in the relevant content.
19. You may print or download to your hard drive, extracts from this Blogsite only for personal informational or non-commercial purposes.
20. You must not use any trade marks, service marks or logos which appear or are used on this Blogsite, or do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
21. You must not create a link to any part of this Blogsite (other than solely for your own personal/domestic, informational or non-commercial purposes) without our prior written consent.
22. References to Intellectual Property include the design of, and all content appearing on, this Blogsite, trade marks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information and know-how, whether registered or unregistered.
Your User Submissions
23. This Blogsite may allow you to post user submissions and/or upload materials to the Blogsite.
24. By posting, submitting, updating, modifying, transmitting or otherwise making available any files, content or any materials on the Blogsite (User Submissions): (1) you grant us a non-exclusive, royalty free, irrevocable, perpetual licence to use, modify, reproduce, distribute, perform, communicate or otherwise deal with your User Submissions for any purpose and in any manner which we deem appropriate with further account to you. We may sublicense such rights to any person at our discretion; (2) you warrant that you independently created or otherwise have permission to post the User Submissions; (3) you must ensure, and warrant, that your User Submissions, and our use of them in accordance with the licence that you grant us under paragraph (1), do not infringe the rights of any third person; and (4) you consent to us doing anything in relation to your User Submissions that may otherwise constitute an infringement of your moral rights.
25. Without limiting clause 53, you acknowledge and agree that we may, at our sole discretion and without any prior notice to you: (1) remove or edit or deny access to any of your User Submissions; (2) copy, reproduce and create derivative works of your User Submissions (with or without attribution to your name) for the purposes of direct advertising or testimonial advertising; and (3) suspend or terminate your ability to submit, remove or modify your User Submissions.
26. You must not submit, post, transmit or share any User Submission that: (1) Is inappropriate or objectionable, including obscene, indecent, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive; (2) is advertisement, solicitations or promotional materials; (3) is false, misleading or deceptive; or (4) contains any virus, malicious code or other harmful materials.
27. We do not warrant that any data (including any file) obtained through this Blogsite is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Blogsite.
28. Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate website, such as Cookie Central.
29. Certain features of this Blogsite may not be available unless cookies are enabled.
Content for Information Purposes Only
30. We only provide the content on, or accessed through this Blogsite, for general information purposes only. You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this Blogsite.
31. Without limiting the generality of the above, no content on or accessed through this Blogsite should be treated as constituting, nutrition or professional advice and should not be relied on as such. Specialist nutrition or professional care and advice should always be sought for your particular circumstances from your nutritionalist or other professional adviser.
32. We may change the content described on this Blogsite at any time without prior notice.
Other User’s Submissions
33. You acknowledge and agree whilst we may, we are not obligated to, monitor, review or edit any User Submission submitted by other users of the Blogsite (Third Party Content).
34. We expressly disclaim all warranties, representations or undertakings in relation to all Third Party Contents. In particular, you acknowledge and agree that we do not authorise, condone or endorse any Third Party Content, and are not responsible for the accuracy, legality or decency of such content.
35. If you wish to rely on any Third Party Content, you are solely responsible for verifying the veracity of any claims or statements made in any Third Party Content.
36. You agree to use this Blogsite only for the purpose for which it is being provided.
37. You agree not to damage or disrupt this Blogsite.
38. You must not bypass any security mechanisms imposed by the Blogsite.
39. You must not use the Blogsite and any services available on the Blogsite: (1) to harvest or collect email addresses or personal information of other users; (2) in any unlawful manner or for any improper, injurious, offensive or unlawful purposes; (3) to restrict or inhibit any other user from using or enjoying the Blogsite; (4) to impersonate any person or entity; or (5) to intimidate or harass any person.
Disclaimer and Indemnity
40. We cannot guarantee the Blogsite’s reliability, accuracy or completeness. The information provided on this Blogsite should not be considered advice of any nature. Such information is provided on an “as is” basis, without warranties, representations and guarantees of any kind, either express, implied or statutory, including without limit, suitability, fitness for purpose, accuracy or completeness of this Blogsite.
41. In no event shall we, or any of our related companies or each of our respective officers, employees, agents, contractors or agents (altogether “Company and Staff”) be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to, your use or non-use of this Blogsite, or your reliance upon information contained upon this Blogsite. Without limiting the previous sentence, the Company and Staff will have no liability for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any: (1) failure to receive any electronic message from you or any other person using this Blogsite, or any corruption of any such message; (2) inaccuracy of any information contained on this Blogsite; (3) action taken by you as a result of information contained on this Blogsite; (4) temporary or permanent unavailability of this Blogsite; (5) interception of, or any other unauthorised dealing with, any electronic message sent by you or any other person using this Blogsite; (6) defect in, or problem with, any computer system or communication link; (7) delays in electronic communication; or (8) unavailability of, or defect in, any products advertised on this Blogsite.
42. The above does not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred on you, or implied by the Trade Practices Act 1974 or any other applicable legislation. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited to whichever we see fit to provide of: (1) in the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and (2) in the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.
43. You agree to indemnify the Company and Staff and keep the Company and Staff indemnified in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which the Company and Staff or any of them may suffer or incur as a direct or indirect result of: (1) any User Submission that you submit or post; (2) your wilful or negligent act or omission with regard to this Blogsite (or any part of its content and functions); or (3) your breach of these Terms and Conditions.
44. You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Blogsite, prior to being able to participate in such promotions or competitions.
45. Your ability to access and use this Blogsite may be terminated by us at any time without notice and without any liability to the Company and Staff. Any indemnities given by you and limitations on the Company and Staff’s liability will survive such termination.
46. Any termination of your right to use or access any part of this Blogsite will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.
Compliance with Laws
47. You must comply with all applicable laws, ordinances, rules, regulations codes, and codes of all relevant regulatory bodies in relation to your access to, or use of this Blogsite. Miscellaneous
48. A right relating to these Terms and Conditions may only be waived by us in writing. Our failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
49. These Terms and Conditions are governed by, and are to be construed in accordance with, the laws in force in the State of New South Wales , Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State.
50. If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.
51. We may amend these Terms and Conditions from time to time so you should check and read these Terms and Conditions regularly. By continuing to use this Blogsite after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.