Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to startyourfoodbusiness.com.au. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.startyourfoodbusiness.com.au’s relationship with you in relation to your use of this website.

ACCEPTANCE OF TERMS

By using this website, you signify your acceptance of these terms and conditions of use.

These terms of service (‘Terms’) apply to all members and users of the startyourfoodbusiness.com.au website (the ‘website’). Through our website services, we provide resources, which include coaching, mentoring and personalised content.

AMENDMENT OF TERMS

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time to ensure you are aware of any changes. By using our website and Services, you agree to be bound by these Terms, our Privacy Policy as well as any and all general Terms and Conditions or rules and guidelines which may be posted on our website from time to time. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.startyourfoodbusiness.com.au’s rights and obligations to each other.

DEFINITIONS

‘Lifetime Access’ means access to our website and services for the life and currency of the website

‘Services’ means access to online courses on food business start-up, strategy and management, social media, e-books, training, coaching and mentoring services and other information delivered via our website and may include personal one-on-one consulting and other services from time to time

‘the website’, ‘our’ ‘we’, means thestartyourfoodbusiness.com.au,Start Your Food Business, its directors, employees and contractors

‘you’ means the member and user of our Services

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.startyourfoodbusiness.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

TERMS

When you join to our website and use our Services, you acknowledge and agree to the following:

You will not share your membership password or login details with any other person and you will keep your contact, payment and other information updated;

You are at least 18 years of age and able to form a binding contract;

You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;

We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information (link);

You will make payment for the Services on time and in accordance with the Membership payment method you have chosen. If we do not receive payment for any instalment or payment is late, we have the right to suspend your Membership. If we do not receive payment for any instalment for a period of 6 months, we may terminate your Membership, account and all Content which may relate to your Membership.

You will not transfer, sublicense or grant access for any of our Services to any other person, business or other third parties except as agreed in these Terms.

We offer our Services to assist businesses and individuals but do not guarantee any customers, business, increase in traffic or otherwise;

Results of Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. We cannot and do not guarantee any particular or any results and the Client is solely responsible for their progress;

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services contained on the website. In no event will we be liable for any loss or damage, including, without limitation, indirect consequential loss or damage arising out of or in connection with your use of this website, Services or reliance on the information contained on the website or our Services;

The Services are provided “AS-IS” and that Start Your Food Business assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services;

All forum, public, private and Member communications must be directly related to the courses and Services. Any other communications, queries or discussions outside the scope of the Services will not be covered as part of the Services;

At the end of the Services, there is no obligation for thestartyourfoodbusiness.com.au or any of its Members, directors or employees to respond, discuss, or otherwise be involved in any online, or other communication. Any communication is at the discretion of thestartyourfoodbusiness.com.au;

We sell and advertise our Services with ‘Lifetime Access’ during the time of our control and within our ability. For the sake of clarity, Lifetime Access may be limited or terminated by events that may be out of our control including but not limited to administration or insolvency, illness, change of control, Acts of God, or other such events. We do not warrant or guarantee that the Lifetime Access will be uninterrupted or in perpetuity. We are not liable at any time for any loss or damages as a result of any termination, cancellation or unavailability of the Lifetime Access, our website or Services for any reason including any such event which may be out of our control;

That the Services may include third party advertisements or suggestions for which Start Your Food Business may receive affiliate and advertising commissions; and

Through this website, you may be able to link to other websites which are not under our control. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are your sole responsibility when you upload such Content.

Any Content you submit or make available for inclusion on publicly-accessible areas of the Service, you warrant you have the ownership right and title and agree to grant Start Your Food Business the following worldwide, royalty-free, and non-exclusive license(s), as applicable:

This means that you, and not Start Your Food Business, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Start Your Food Business does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Start Your Food Business be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

SERVICE RESTRICTIONS

You agree to not use the Service to:

Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

Engage in anything that may be harmful to minors;

Impersonate any person or entity, including, but not limited to, a Start Your Food Business official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;

Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials;

Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Intentionally or unintentionally violate any applicable local, state, national law;

“Stalk” or otherwise harass any person;

Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (l) above; and/or

Use our website or Services for purposes that are not in the good faith or in the spirit of our website.

You acknowledge that Start Your Food Business may or may not vet any Content, but that Start Your Food Business and its designees shall have the right (but not the obligation) in its sole discretion to vet, refuse, or remove any Content at any time without notice.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

YOUR PRIVACY

At www.startyourfoodbusiness.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. www.startyourfoodbusiness.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.startyourfoodbusiness.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.startyourfoodbusiness.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

You acknowledge, consent, and agree that Start Your Food Business may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the Terms;

(c) respond to claims that any Content violates the rights of third parties;

(d) respond to your requests for customer service; or

(e) protect the rights, property, or personal safety of Start Your Food Business, its directors, employees, associates, affiliates, users, or the public.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Start Your Food Business and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

LINKS TO OTHER WEBSITES

We may promote, recommend or suggest various advertisers, services or affiliates from time to time for your information, consideration and to facilitate or complement our Services. We also receive affiliate or other commissions for promoting their products or services. You acknowledge and agree that any correspondence or business dealings with, or participation in promotions of, any advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. We are not to be involved in any dispute, contract or issue you may have with them at any time.

We may from time to time provide on our website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between thestartyourfoodbusiness.com.au and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

You agree that you use the third party advertiser services at your own risk and Start Your Food Business shall not be responsible or liable for any loss or damage incurred as a result of any such dealings you may have with any advertisers suggested or promoted on our website or found through our Services.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us (“the materials”). This material includes, but is not limited to,

  • the design, layout, look, appearance, trademarks and graphics.
  • logos, product, and service names
  • documents, information or materials on the website
  • designs, analyses, processes, discussions

Without Start Your Food Business’ prior permission, you agree not to display or use the above in any manner.

Any of the materials and other intellectual property, both tangible and intangible which is provided or may be developed as a result of or during the Services is and will remain the property of Start Your Food Business at all times.

No materials may be reproduced, copied, shared, in whole or part or used for any purpose other than the personal private use of the individual Member. At no time may it be reproduced and provided to third parties without the express written permission of Start Your Food Business.

You are not permitted to reproduce the materials for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. All Materials are provided without warranties of any kind, both express and implied.

www.startyourfoodbusiness.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of electronic retrieval system.

Our materials are for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, transforming or building upon the material in whole or any part thereof.

For any other use or distribution, you must have express written consent from Start Your Food Business.

INDEMNITY

You agree to indemnify and hold Start Your Food Business and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

You acknowledge and agree that you use the Services at your own risk. In engaging the Services and signing up as a Member, you agree you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Start Your Food Business may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Start Your Food Business’ servers on your behalf in our sole discretion.

You agree that Start Your Food Business has no responsibility or liability for the deletion, loss of, or failure to store any messages and other communications or other Content maintained or transmitted by the Service.u acknowledge that Start Your Food Business reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Start Your Food Business reserves the right to modify these general practices and limits from time to time without notice.

MODIFICATIONS TO SERVICE

Start Your Food Business reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Start Your Food Business shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason including but not limited to any loss of data, Content, files or otherwise.

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

CANCELLATION, REFUND AND TERMINATION

REFUND: We permit cancellation and offer a refund for up to 14 days after purchase. You will receive a full refund provided we receive your request for cancellation or your membership and request for refund during this 14 day period.

Unfortunately, we do not offer any refunds after this period has expired. We do, however, at all times abide by the Australian Consumer Law in relation to any guarantees for our Services.

WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, non-payment of membership fees or breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your membership.

Termination of your account includes:

(a) Removal of access to all offerings within the Service;

(b) Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof); and

(c) Barring of further use of the Service.

Further, you agree that Start Your Food Business shall not be liable to you or any third party for any such termination of your account, loss of any Content or access to the Services

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The Service is provided on an ‘As Is’ and ‘As Available’ basis. Start Your Food Business, their directors, employees, contractors and affiliates expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

START YOUR FOOD BUSINESS makes no warranties that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, secure, or error-free; (iii) any results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that may result from the download of any such material.

No advice or information, whether oral or written, obtained by you from Start Your Food Business or through or from the Services shall create any warranty not expressly stated in these terms

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

NOTICE

Start Your Food Business may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Service.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Start Your Food Business respects the intellectual property of others, and we ask our users to do the same. Start Your Food Business may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Start Your Food Business the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorised to act on his or her behalf:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;

A sworn statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may give the above notice to Start Your Food Business:

By email: hello@thestartyourfoodbusiness.com.au

GENERAL INFORMATION

Entire Agreement

These Terms constitute the entire agreement between you and Start Your Food Business and governs your use of the Service, superseding any prior agreements between you and Start Your Food Business with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Start Your Food Business services, affiliate services, third-party content, or third-party software.

Jurisdiction

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and thestartyourfoodbusiness.com.au that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.

Waiver and Severability of Terms.

The failure of Start Your Food Business to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

VIOLATIONS

Please report any violations of these Terms to hello@thestartyourfoodbusiness.com.au.

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