Terms & Conditions of Use
USE OF WEBSITE SUBJECT TO TERMS AND CONDITIONS
1. Introduction
1.1 This website is owned by A Diabetic’s Menu Limited, trading as A Diabetic’s Menu (referred to in these terms and conditions as “we”, “us” or “our”).
1.2 These terms and conditions shall govern your use of our website.
1.3 By using our website, you represent that you have read, understood and accepted these terms and conditions in full and agree to be bound by them; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
WEBSITE CONTENT AND USE
2. Licence to use website
2.1 You may only use our website for your own personal purposes, and you must not use our website for any other purposes, without prior written consent.
2.2 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
2.3 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3. Acceptable use
3.1 You must not:
(a) download any material from our website or save any such material to your computer;
(b) republish material from our website (including republication on another website)
(c) sell, rent or sub-license material from our website;
(d) show any material from our website in public;
(e) exploit material from our website for a commercial purpose;
(f) redistribute material from our website;
(g) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(h) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(i) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(j) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(k) access or otherwise interact with our website using any robot, spider or other automated means;
(l) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4. Your content: rules
4.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on,
processing by, or transmission via, our website.
4.1 You warrant and represent that your content will comply with these terms and conditions.
4.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
4.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
4.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
4.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
4.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5. Your content: licence
5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
5.3 You grant to us the right to sub-license the rights licensed under Section 5.2.
5.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 5.2.
5.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
5.6 You may edit your content to the extent permitted using the editing functionality made available specifically for that purpose on our website.
5.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
6. Report abuse
6.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
6.2 You can let us know about any such material or activity by emailing us at contact@adiabeticsmenuforum.com or using our reporting form.
MEMBERSHIP AND SUBSCRIPTION
7. Registration and accounts
7.1 To be eligible for a membership on our website under this Section 7, you must be at least 18 years of age.
7.2 You may register for a membership with our website by following the registration and payment process found on our website, and creating a password through the link in an email the website sends to you.
7.3 You must not allow any other person to use your account to access the website.
7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.5 You must not use any other person's account to access the website.
8. User login details
8.1 If you register for a membership with our website, you will be asked to submit an email address as a user ID and to create a password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 4; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and suspension of account
9.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account, at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be
provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section.
9.2 You may cancel your membership on our website using the cancellation form, found on the website. You will not be entitled to any refund if you cancel your membership in accordance with this Section 9.2.
10. Subscriptions
10.1 To become a member of our website services, you must pay the applicable subscription fees during the membership registration procedure. We will send you an acknowledgement of your order. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.
10.2 You will have the opportunity to identify and correct input errors prior to making your order by contacting us.
10.3 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription
using the membership cancellation facility on our website before the date of renewal.
11. Fees
11.1 The fees in respect of our website services will be as set out on the website from time to time.
11.2 All amounts stated in these terms and conditions or on our website are stated inclusive of GST.
11.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
11.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
11.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
11.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of 15 USD; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 11.6.
11.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
NO ADVICE DISCLAIMER
12. Information on the website
12.1 Our website contains general medical information and/or health and fitness information.
12.2 While we take all due care to ensure that all information presented is accurate and up to date, this information is not advice and should not be treated as such.
13. Medical assistance
13.1 You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your own health and well-being.
13.2 You should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the primary subject matter published on our website without first consulting your doctor or another suitably qualified professional.
13.3 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
13.4 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
13.5 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
13.6 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
14. Interactive features
14.1 Our website includes interactive features that allow users to communicate with us.
14.2 You acknowledge that, because of the limited nature of communication through our website interactive features, any assistance you may receive using any such features may therefore be incomplete and/or misleading in some instances.
14.3 Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
14.4 Subject to Section 16.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our website.
15. Limited warranties
15.1 We do not warrant or represent, express or implied:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
15.2 Without limiting the scope of Section 16.1, we do not warrant or represent that the medical information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
LIABILITY AND INDEMNITY
16. Limitations and exclusions of liability
16.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
16.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17. Indemnity
17.1 Notwithstanding any other term, by using this website you agree to indemnify A Diabetic's Menu against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
VARIATION OF TERMS AND CONDITIONS
18. Variation
18.1 We may revise these terms and conditions from time to time without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.
19. Improvements
19.1 A Diabetic's Menu reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
GOVERNING LAW
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with New Zealand law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
BREACHES OF AGREEMENT
21. Breaches of these terms and conditions
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may do any of all of the following:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
LINKING POLICY
22. Introduction
22.1 We welcome links to our website made in accordance with the terms of this policy.
22.2 By using our website you agree to be bound by the provisions of this policy.
23. Links to our website
23.1 Links pointing to our website should not be misleading.
23.2 Appropriate link text should always be used in links pointing to our website.
23.3 From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to www.adiabeticsmenu.com
23.4 You must not use our logo to link to our website (or otherwise) without our express written permission.
23.5 You must not link to our website using any inline linking technique.
23.6 You must not frame the content of our website or use any similar technology in relation to the content of the website.
24. Links from our website and Third Party websites
24.1 Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
24.2 We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
25. Removal of links
25.1 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
25.2 If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
ANTI-SPAM POLICY
26. Definition
26.1 In the context of electronic messaging, "spam" means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
26.2 We have a zero-tolerance spam policy.
27. Spam filtering
27.1 Our messaging systems automatically scan all incoming email and other messages and filter out messages that appear to be spam.
28. Spam filtering issues
28.1 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.
28.2 If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.
28.3 You can reduce the risk of a message being caught by the spam filters by:
(a) sending the message in plain text (instead of, or in addition to, HTML);
(b) removing any message attachments;
(c) avoiding the terminology and text styling typically used by spammers; and/or
(d) ensuring that your messages are scanned for malware before dispatch.
29. User spam
29.1 We provide a facility that enables users to post messages to others.
29.2 Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.
29.3 Full provisions concerning the use of our messaging facility are set out in our website terms and conditions of use.
30. Receipt of unwanted messages from us
30.1 In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using our reporting page and the matter will be investigated.
COPYRIGHT
31. Copyright notice
32.1 Copyright (c) 2018 A Diabetic's Menu Limited
31.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
32. Enforcement of copyright
32.1 We take the protection of our copyright very seriously.
32.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to
pay legal costs.
33. Permissions
33.1 You may request permission to use the copyright materials on our website by writing to us by email or using the contact details published on the website.
TRADE MARKS
34. Trade marks
34.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
34.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
COMPETITIONS AND PROMOTIONAL ACTIVITY
35. Competitions and Promotions
35.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
35.2 Competitions will be subject to separate terms and conditions (which we will make available as appropriate).
1. Introduction
1.1 This website is owned by A Diabetic’s Menu Limited, trading as A Diabetic’s Menu (referred to in these terms and conditions as “we”, “us” or “our”).
1.2 These terms and conditions shall govern your use of our website.
1.3 By using our website, you represent that you have read, understood and accepted these terms and conditions in full and agree to be bound by them; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
WEBSITE CONTENT AND USE
2. Licence to use website
2.1 You may only use our website for your own personal purposes, and you must not use our website for any other purposes, without prior written consent.
2.2 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
2.3 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3. Acceptable use
3.1 You must not:
(a) download any material from our website or save any such material to your computer;
(b) republish material from our website (including republication on another website)
(c) sell, rent or sub-license material from our website;
(d) show any material from our website in public;
(e) exploit material from our website for a commercial purpose;
(f) redistribute material from our website;
(g) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(h) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(i) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(j) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(k) access or otherwise interact with our website using any robot, spider or other automated means;
(l) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4. Your content: rules
4.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on,
processing by, or transmission via, our website.
4.1 You warrant and represent that your content will comply with these terms and conditions.
4.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
4.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
4.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
4.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
4.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5. Your content: licence
5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
5.3 You grant to us the right to sub-license the rights licensed under Section 5.2.
5.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 5.2.
5.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
5.6 You may edit your content to the extent permitted using the editing functionality made available specifically for that purpose on our website.
5.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
6. Report abuse
6.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
6.2 You can let us know about any such material or activity by emailing us at contact@adiabeticsmenuforum.com or using our reporting form.
MEMBERSHIP AND SUBSCRIPTION
7. Registration and accounts
7.1 To be eligible for a membership on our website under this Section 7, you must be at least 18 years of age.
7.2 You may register for a membership with our website by following the registration and payment process found on our website, and creating a password through the link in an email the website sends to you.
7.3 You must not allow any other person to use your account to access the website.
7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.5 You must not use any other person's account to access the website.
8. User login details
8.1 If you register for a membership with our website, you will be asked to submit an email address as a user ID and to create a password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 4; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and suspension of account
9.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account, at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be
provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section.
9.2 You may cancel your membership on our website using the cancellation form, found on the website. You will not be entitled to any refund if you cancel your membership in accordance with this Section 9.2.
10. Subscriptions
10.1 To become a member of our website services, you must pay the applicable subscription fees during the membership registration procedure. We will send you an acknowledgement of your order. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.
10.2 You will have the opportunity to identify and correct input errors prior to making your order by contacting us.
10.3 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription
using the membership cancellation facility on our website before the date of renewal.
11. Fees
11.1 The fees in respect of our website services will be as set out on the website from time to time.
11.2 All amounts stated in these terms and conditions or on our website are stated inclusive of GST.
11.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
11.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
11.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
11.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of 15 USD; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 11.6.
11.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
NO ADVICE DISCLAIMER
12. Information on the website
12.1 Our website contains general medical information and/or health and fitness information.
12.2 While we take all due care to ensure that all information presented is accurate and up to date, this information is not advice and should not be treated as such.
13. Medical assistance
13.1 You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your own health and well-being.
13.2 You should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the primary subject matter published on our website without first consulting your doctor or another suitably qualified professional.
13.3 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
13.4 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
13.5 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
13.6 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
14. Interactive features
14.1 Our website includes interactive features that allow users to communicate with us.
14.2 You acknowledge that, because of the limited nature of communication through our website interactive features, any assistance you may receive using any such features may therefore be incomplete and/or misleading in some instances.
14.3 Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
14.4 Subject to Section 16.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our website.
15. Limited warranties
15.1 We do not warrant or represent, express or implied:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
15.2 Without limiting the scope of Section 16.1, we do not warrant or represent that the medical information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
LIABILITY AND INDEMNITY
16. Limitations and exclusions of liability
16.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
16.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17. Indemnity
17.1 Notwithstanding any other term, by using this website you agree to indemnify A Diabetic's Menu against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
VARIATION OF TERMS AND CONDITIONS
18. Variation
18.1 We may revise these terms and conditions from time to time without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.
19. Improvements
19.1 A Diabetic's Menu reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
GOVERNING LAW
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with New Zealand law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
BREACHES OF AGREEMENT
21. Breaches of these terms and conditions
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may do any of all of the following:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
LINKING POLICY
22. Introduction
22.1 We welcome links to our website made in accordance with the terms of this policy.
22.2 By using our website you agree to be bound by the provisions of this policy.
23. Links to our website
23.1 Links pointing to our website should not be misleading.
23.2 Appropriate link text should always be used in links pointing to our website.
23.3 From time to time we may update the URL structure of our website and, unless we agree in writing otherwise, all links should point to www.adiabeticsmenu.com
23.4 You must not use our logo to link to our website (or otherwise) without our express written permission.
23.5 You must not link to our website using any inline linking technique.
23.6 You must not frame the content of our website or use any similar technology in relation to the content of the website.
24. Links from our website and Third Party websites
24.1 Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
24.2 We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
25. Removal of links
25.1 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
25.2 If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
ANTI-SPAM POLICY
26. Definition
26.1 In the context of electronic messaging, "spam" means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
26.2 We have a zero-tolerance spam policy.
27. Spam filtering
27.1 Our messaging systems automatically scan all incoming email and other messages and filter out messages that appear to be spam.
28. Spam filtering issues
28.1 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.
28.2 If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.
28.3 You can reduce the risk of a message being caught by the spam filters by:
(a) sending the message in plain text (instead of, or in addition to, HTML);
(b) removing any message attachments;
(c) avoiding the terminology and text styling typically used by spammers; and/or
(d) ensuring that your messages are scanned for malware before dispatch.
29. User spam
29.1 We provide a facility that enables users to post messages to others.
29.2 Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.
29.3 Full provisions concerning the use of our messaging facility are set out in our website terms and conditions of use.
30. Receipt of unwanted messages from us
30.1 In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using our reporting page and the matter will be investigated.
COPYRIGHT
31. Copyright notice
32.1 Copyright (c) 2018 A Diabetic's Menu Limited
31.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
32. Enforcement of copyright
32.1 We take the protection of our copyright very seriously.
32.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to
pay legal costs.
33. Permissions
33.1 You may request permission to use the copyright materials on our website by writing to us by email or using the contact details published on the website.
TRADE MARKS
34. Trade marks
34.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
34.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
COMPETITIONS AND PROMOTIONAL ACTIVITY
35. Competitions and Promotions
35.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
35.2 Competitions will be subject to separate terms and conditions (which we will make available as appropriate).