Core Dietetics

Website Terms of Use and Disclaimer

 Our website

1.    Welcome to our website. This website located at www.coredietetics.com.au is owned and operated by Isabella Rose Stuart Boccalatte trading as Core Dietetics (ABN: 99 488 226 657) (“Core Dietetics”, “we”, “us”).

2.    If you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use and disclaimer which govern our relationship with you in connection with this website.

3.    If you don’t agree with any of these terms and conditions, please don’t use our website.

4.    We operate this website for your general information and use only.

5.    We can change the content of this website without letting you know.

6.    We can decide to change these terms at any time by positing an updated version on our website. If you keep using our website after they’ve been posted, you’re agreeing to our new terms.

7.    This agreement may be terminated at any time by us without notice. If that happens, all disclaimers, indemnities, limitations of liability, and the dispute resolution clause will survive, but you won’t be permitted to use the website anymore.

8.    These terms apply to your use of our website only. We have other terms that relate to purchasing our goods and services.

9.    We also have privacy policy, which you can view, here.

Advice and Information disclaimer

10. We may provide or publish general advice and information, including about nutrition and dietetics, believing it to be accurate, appropriate and reliable at the time, but we don’t give any warranty of accuracy, appropriateness or reliability.

11. It’s your responsibility to ensure that our website, including our information and general advice, is right for you.

12. Any information and advice on our website is general in nature and is not intended to constitute or substitute for dietetic, nutritional, medical or other professional advice and you should not rely on the information on our website as such.

13. Unless required by law, we will not accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on any such information or advice.

 Security and preferences

14. We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services.

15. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our privacy policy.

16. Our website is security assured by Squarespace. We use our best endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

Website provided ‘as is’ and used at own risk

17. We make the website available to you, however you use it at entirely your own risk.

18. Everything on the website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:

a.    failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website;

b.    whole or partial discontinuation of the website; or

c.     unsuitable or out of date information on the website (including third-party material and advertisements on the website); or

d.    you or any other person acting or not acting on any information; or

e.    personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website; or

f.      any unauthorised access to or use of information or data, including personal and financial information, collected by us; or

g.    any interruption of transmission to or from the website; or

h.    any unauthorised access to or use of information or data, including personal and financial information, collected by us; or

i.      any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites; or

j.      costs incurred by you in using the website; or

k.     links which are provided for your convenience.

19. It’s your responsibility to ensure that any goods, services, or information available through this website meet your specific requirements.

20. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website. This clause survives termination of this agreement.

How are you allowed to use our website?

21. You can use our website to:

a.    view information we publish on it; or

b.    interact with us (for example through a blog or comment); or

c.     to buy our goods or services (such as to sign up for our telehealth services); or

d.    download resources made available for free, such as a checklist, recipe, meal plan or similar; or

e.    to make an enquiry; or

f.      as otherwise specified by us in writing.

Ways that you are not permitted to use our website

Your conduct

22. You’re only allowed to use our website for lawful purposes. This means that you’re not permitted to use our website for illegal activity or in a way that impacts negatively on others’ use and enjoyment of our website.

23. We’ve got a zero-tolerance policy for users who:

a.    behave unlawfully or encourage unlawful conduct; or

b.    post any defamatory, obscene, offensive, or scandalous material; or

c.     harass or cause distress or inconvenience to any person; or

d.    disrupt the website.

24. We reserve the right to ban any users who engage in or encourage others to (or who we reasonably suspect will engage in or encourage others to engage in) the above behaviour.  

Interfering with our website

25. You are not permitted to (or attempt to, or encourage others to):

a.    change (including add or remove), deface, hack or otherwise interfere with our website or any material or content displayed on our website; or

b.    upload any file or object that contains prohibited content including any malware (bugs, viruses, worms, spyware, trojan horses, ransomware or other harmful code or communications) ("Harmful Content").

26. You warrant to us that you will not upload or attempt to upload any such Harmful Content. You indemnify us on a continuing basis for any loss or damage we suffer because of any Harmful Content which you upload or attempt to upload to our website.

27. Unauthorised use of our website may be a criminal offence and/or give rise to a claim for damages.

28. This clause survives termination of this agreement.

Copying content

29. You are prohibited from using or copying material on our website for any purpose not authorised under these terms or without our written permission.

30. You are prohibited from copying content on our website (including downloaded resources) in whole or in part for the purpose of using our content on your website or to publish it elsewhere, such as social media without our written permission.

31. You warrant to us that you are not using and do not intend to (or encourage someone else to) use our website for an unauthorised purpose.

Interacting with our website

32. If we maintain a blog on our website (which forms part of our website), we do so to keep you up to date with our industry and our business.

33. From time to time, we may allow you to publish content on our website, including by submitting a post, commenting, or uploading content (“Submissions”).

34. Where we allow Submissions, you acknowledge the following:

a.    We do not regularly screen and review Submissions; and

b.    we don’t necessarily endorse or support any views, opinions, standards or information expressed in a Submission; and

c.     You are prohibited from making a Submission that is defamatory, offensive or otherwise inappropriate; and

d.    We reserve the right to remove Submissions that we consider may not align with our brand values, are unlawful or illegal, may cause reputational damage, or that don’t comply with these terms; and

e.    We own the intellectual property rights in Submissions you make to our website; and  

f.      You warrant to us that all content in a Submission is original content unless otherwise disclosed to us, is true and correct to the best of your knowledge and that prior to making a Submission, you were the rightful owner of all intellectual property rights in the Submission; and

g.    You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the above warranty.

35. If you find something offensive or inappropriate, or that you think doesn’t comply with our terms, please don’t hesitate to get in touch with us at info@coredietetics.com.au and we’ll review the material to see whether it should be removed.

36. This clause survives termination of this agreement.

Intellectual property

37. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

38. Unless otherwise stated, we are the lawful owner or licensee of all copyright, designs, trade marks, and other intellectual property rights in the website.

39. Nothing in these terms is intended to transfer any intellectual property rights to you.

40. We reserve all our rights, including in relation to injunctive relief for copyright infringement and other intellectual property right infringement.

41. This clause survives termination of this agreement

Your licence to use our website

42. As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use. We don’t grant you any other rights in relation to the website.

Indemnity

43. In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this intellectual property clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.

Sharing and promotion

44. If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you credit our work and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise.

45. If you’d like to share, re-publish or otherwise use our website or content in a way that you are not expressly authorised to do so by these terms, please don’t hesitate to get in touch with us by emailing info@coredietetics.com.au.  

Links to and from our website

46. We may include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information.

47. You acknowledge that they are used at your own risk, and we don’t necessarily endorse the content or opinions expressed on them. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

48. If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose additional terms or conditions. If we ask you to remove the link, refusal will constitute a breach of these terms.

Limitation and Exclusion of Liability

49. Please be aware that additional terms apply to the purchase of our goods and services, and the below limitations apply only in relation to making this website available.

Liability under the Australian Consumer Law (ACL)

50. Australians are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to this website.

51. If you’re a business, we limit our liability to you for a breach of such a statutory guarantee to the fullest extent possible by law, including by limiting our liability under section 64A of the Australian Consumer Law to:

a.    a refund of the defective services; or

b.    providing you with compliant services.

Liability for breach of contract

52. To the maximum extent applicable by law, we specifically exclude all liability for breach of contract.

Other liability, including for negligence

53. To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence.

Liability for consequential losses

54. To the maximum extent permitted by law, we exclude all consequential losses, however arising.

Customers outside of Australia

55. We warrant that we have made this website available using due care and skill.

56. We don’t warrant that the website will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

57. We specifically exclude all other liability to you however arising, including for negligence and consequential loss.

58. By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our website.

59. This clause survives termination of this agreement.

What happens if we disagree?

60. If we disagree about something that relates to these terms, we both agree not to go straight to Court or a tribunal unless we need urgent relief (like an interlocutory order). The below process must be followed first.

61. First, we agree that the person with the problem has to write to the other person letting them know about the problem and how they think it can be solved.

62. Once the other person receives the written notice, we both have 20 business days to solve the matter between us.

63. If we can’t solve the problem, we agree to go to mediation. We agree to attend virtual mediation whenever possible, or else to go to mediation in QLD and split the fees of equally between us.

64. If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in QLD to appoint a mediator for us. We both acknowledge that we may be required to sign an agreement with the Law Society in QLD in order to participate in their mediation services.

65. Communications during this process are confidential and must be treated as ‘without prejudice’ for the purposes of evidence law.

General

66. If anything in this agreement is unenforceable, illegal, or void, it is severed, and the rest of the agreement remains in force.

67. We make no warranty or representation in relation to the website. All implied warranties (except for any statutory warranties which we cannot exclude) and conditions are expressly excluded to the fullest extent permitted by law.

68. Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

69. Unless we say otherwise, our website isn’t a part of another entity (such as Meta) and isn’t endorsed by or affiliated with any other website or their owners.

70. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any party of it.

71. Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, pandemic, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.

The law of QLD, Australia governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of QLD.