Terms and Conditions
Welcome to our Website! We at Food is Cool are committed to maintaining trust with users of our Website.
These terms and conditions (the "Terms and Conditions") govern the use of www.foodiscool.com (the "Website"). This Website is owned and operated by Food is Cool Pty Ltd. By using this Webite, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
The Website and its related services, products, tools and applications (including without limitation any downloadable files, videos, workshops, events, blog posts, e-newsletters, webinars, podcasts, social media and YouTube channel ) (“Website”) is operated by Food is Cool Pty Ltd ACN 653 538 026.
In these terms and conditions, the expressions we, us and our are a reference to Food is Cool Pty Ltd ACN 653 538 026. A reference to “Services” means any products or services we provide to you, including the Website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
The Foodi Scool Licence terms and conditions for your use of our Early Foodi Program can be accessed here. Social media terms and conditions which apply to your use of our social media can also be accessed here.
1. Acceptable use
We’d love for you to explore our Website, and where available, contribute material to it, such as questions, posts, reviews and ratings and multimedia content (e.g., pictures, videos). In doing so, we ask that use of our Website and materials posted to it should not be illegal or offensive in any way. By posting publicly on our Website, you agree not to act illegally or to violate these Terms and Conditions. You should be mindful not to:
Breach another person’s right to privacy;
Provide other people’s personal information without their consent;
Endanger minors;
Infringe any intellectual property rights;
Make statements that are defamatory (including towards Food is Cool), relate to pornography, are of a racis or xenophobic nature, promote hatred or incite to violence or disorder;
Upload files that contain viruses or may lead to security issues; or
Otherwise jeopardise the integrity of the Website.
Please note that Food is Cool may remove any content from the Website that it believes may be illegal or offensive. Food is Cool reserves the right, but not the obligation, to monitor or review the content you have submitted as well as to edit, remove or refuse to post any content that Food is Cool deems in its sole discretion to be inappropriate.
Accounts
When you create an account on our Website, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
2. Data protection
Our privacy policy applies to any personal data or material shared on this Website. Our policy can be found here.
If you use this Website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this Website. If you do not accept these terms and conditions, you must refrain from using this Website. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. Intellectual property
3.1 Content provided by Food is Cool
All intellectual property rights, including copyright and trademarks, in materials published by or on behalf of Food is Cool on this Website (e.g., text, images and graphics,videos and sound recordings) are owned by Food is Cool.
You may reproduce extracts of the Website for your own private use (i.e. non-commercial use) provided that you keep intact and respect all intellectual property rights, including any copyright notice which may appear on such content (e.g. Copyright 2022 Food is Cool).
3.2 Content provided by You
You represent to Food is Cool that you are either the author of the content that you contribute to this Website, or that you have the rights (i.e., have been given permission by the rights holder) and are able to contribute such content (e.g. pictures, videos, music, sound, text) to the Website. You agree that such content will be treated as non-confidential and you grant Food is Cool a royalty free, perpetual, worldwide license to use (including to disclose, reproduce, transmit, publish, adapt or broadcast) the content you provide for purposes relating to its business.
Food is Cool may use the content for promotional, advertising and other purposes and you will not be entitled to any compensation for such use. Please note that Food is Cool is free to decide whether or not to use this content and that Food is Cool may already have developed similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remains with Food is Cool.
4. Intended use of information
We provide information about nutrition and education to benefit parents, caregivers, educators, school staff and children.
While we make every effort to make sure the information in this website is accurate and informative, the information does not take the place of professional or medical advice.You acknowledge that all information contained on our Website is not intended to be a substitute for professional advice, which should be tailored to your individual circumstances.
Do not use our information:
to diagnose, treat, cure or prevent any disease
for therapeutic purposes
as a substitute for the advice of a health or education professional.
The information may include the views or recommendations of third parties and does not necessarily reflect the views of Food is Cool or indicate a commitment to a particular course of action. Professional medical advice should be obtained before taking action on any issue dealt with on this Website. We do not accept any liability for any injury, loss or damage caused by use of the information provided in our website.
Similarly, the products and services referred to on our Website are for your information only, and we advise that you exercise your own judgment before deciding to use a product or service advertised or referred to on our Website. You acknowledge that the publication of details of goods and services on our Website does not constitute any form of endorsement by us.
Indemnity
Except where prohibited by law, by using this Website you indemnify and hold harmless Food is Cool Pty Ltd,. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
5. Liability
While the Food is Cool uses all reasonable efforts to ensure the accuracy of materials on our Website and to avoid disruptions, we are not responsible for inaccurate information, disruptions, discontinuance or other events which may cause you damage, either direct (e.g. computer failure) or indirect (e.g. loss of profit). Any reliance upon materials on this Website shall be at your own risk.
This Website may contain links to websites outside of Food is Cool. Food is Cool has no control over such third-party websites, does not necessarily endorse them and accepts no responsibility for them, including as to their content, accuracy or function. As a result, we invite you to carefully review the legal notices of such third-party websites, including keeping yourself informed of any changes to them.
6. Password Protection
Certain areas of our site are password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our site using a password has the right to do so. You are solely responsible for the activities of anyone accessing our site using your password, even if the individual is not, in fact, authorized by you. If you have reason to believe that your account password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the site. It is also important for you to protect against unauthorized access to your computer and any password that permits access to it. Be sure to log out of your account or to close your browser after you have completed your visit to our site.
You must take your own precautions to ensure that the process that you employ for accessing this Website 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 this Website or any linked website.
7. Access
Access to this Website may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal. If you breach this agreement, Food is Cool may, in its absolute discretion, cancel your Food is Cool product or service.
8. Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Webite and the way we expect users to behave on our Website. We will notify users by email of changes to these Terms and Conditions or post a notice on our Website. Please refer to this page from time to time to review these terms of use and any new information.
9. Governing law and jurisdiction
If a dispute arises regarding these terms of use, the laws of New South Wales, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If you access this Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
You can also contact us through the feedback form available on our Website.