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MONASH FODMAP website - Terms and Conditions

IMPORTANT: PLEASE READ CAREFULLY.  This website is owned and operated by Monash University (ABN 12 377 614 012) of Wellington Road, Clayton, Victoria, 3800, Australia ("Monash University"). By accessing and/or using this website and related services, or by applying to register for an account on this website ("Account"), you agree to these Terms and Conditions ("Terms").

BY APPLYING TO REGISTER FOR AN ACCOUNT OR USING THIS WEBSITE, YOU WILL BE ASSUMED TO HAVE ACCEPTED THESE TERMS.  IF YOU DO NOT WISH TO ACCEPT THESE TERMS YOU MUST NOT MUST NOT USE THIS WEBSITE OR APPLY TO REGISTER FOR AN ACCOUNT. 

In these Terms, "you" and "your" means any person who registers or applies to register for an Account or accesses or uses this website.

  1. Registration: You must have successfully registered for an Account to access certain features of this website and purchase products.

    If you successfully register for and activate your Account, you will be provided with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name or using your Account.  Your Account is non-transferrable.

    By applying to register for an Account, you:

    • warrant that you are at least 18 years of age;

    • warrant that you possess the legal right and ability to enter into a legally binding agreement with Monash University; and

    • agree and warrant to use this website in accordance with these Terms.

  2. Account information:  You warrant that all information supplied to Monash University as part of your application to register for an Account is true and correct.  You acknowledge that Monash University may take such steps as it is able to take to verify the information provided by you before deciding whether to provide you with an Account.  If Monash University considers (in its sole discretion) that any of that information provided by you is untrue, Monash University reserves the right to reject your application for an Account or to cancel your Account and terminate your access to the features of this website which are only accessible by registered account holders.  You indemnify Monash University from and against any and all liability, loss, damage and costs (including legal costs)  arising from its use of or reliance upon the information contained in your application to register for an Account, or supplied by you through your Account.

  3. Your Privacy:  You agree that Monash University may collect and deal with personal information about you or others in accordance with the Monash University Privacy Collection Statement, which can be found at https://www.monash.edu/privacy-monash. You warrant that you have obtained the consent of any person whose personal information is as a result of anything done by you collected and uploaded through this website.  For any person who is under 15 years of age, if you are not their parent or legal guardian, you warrant that you have obtained the consent of their parent or legal guardian to that person's personal information being collected and uploaded through this website as a result of anything done by you.  

  4. Confidentiality: Where information which states the percentage of ingredients in your food product(s), or which is otherwise marked “confidential”, (Confidential Information) is disclosed by you through your Account, Monash undertakes to keep that Confidential Information confidential and to disclose it to its employees, agents and subcontractors only on a need to know basis, and under the same obligation of confidence. 

  5. Security:  You may select or be allocated codes or other information (such as a username and password) to log in to Monash University's computer systems as a result of successfully registering for an Account ("Log In Details"). You must keep your Log In Details secure and confidential.  If you believe that your Log In Details have been compromised, you must tell Monash University immediately or change them on this website through the facilities provided.  Monash University is entitled to assume that you are the person gaining access to any part of this website which is only accessible to registered account holders or Monash University's computer systems through use of your Log In Details, and you will be responsible for what is done while using your Log In Details, unless you have given Monash University reasonable prior notice that your Log In Details have been compromised and new Log In Details have not yet been allocated to or selected by you.  You must make sure that your computer systems are protected by up to date anti-virus software and take all reasonable steps to prevent any malicious software (such as "viruses",  "worms", "cancelbots", "trojan horses", "phishers", "bombs", "trapdoors", "spyware" or other software, data or routines designed to disrupt or provide unauthorised access to systems or data) from being uploaded to or accessing Monash University's systems.

  6. Intellectual Property: Unless otherwise indicated, Monash University owns or has been granted licences by third parties that own all rights, title and interest (including copyright, designs, patents, registered and unregistered trade marks and other intellectual property rights) in and to this website and all of the material (including all text, graphics, logos, audio and software) made available on or provided through this website ("Content").

  7. Subject to your compliance with these Terms, Monash University grants you a royalty free, non-exclusive, non-transferrable, limited licence to use this website and the Content and view this website and the Content for personal non-commercial purposes only. Unless you have obtained Monash University's prior written permission, you must not use this website or the Content for any other purpose or do any of the following: 

    1. copy, distribute, sell, rent or modify any part of this website or the Content;

    2. reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of any part of this website or the Content (except to the extent permitted by non-excludable applicable law), or tamper with any part of this website or the Content in a way that disables, circumvents, or otherwise defeats any protection mechanisms that have been applied to this website or the Content;

    3. operate this website for the benefit of any other person, whether as an online service, outsourced service, comparison service or otherwise;

    4. remove, alter or add to any trade mark or copyright notice or similar marking applied to the Content or within this website; or

    5.  extract any data from any of the databases used by or forming part of this website, or resell or distribute that data in any way.

  8. Monash University reserves the right to enforce its intellectual property rights in the Content or this website through civil proceedings.

  9. Prohibited Activities: You must not do any act that Monash University (acting reasonably) considers is inappropriate or which is unlawful or prohibited by any laws applicable to this website, including but not limited to:

    1. any act that would constitute a breach of either the privacy (including by uploading through this website private or personal information without an individual's consent) or any other of the legal rights of individuals;

    2. using this website to defame or libel Monash University, its employees or other individuals;

    3. uploading files (whether deliberately, negligently or as a result of failure to take reasonable steps) that contain viruses or other software, data or routines that may cause damage to, disrupt or provide unauthorised access to Monash University's computer systems, data or other property or the property of other individuals;

    4. posting on or transmitting to this website any non-authorised material including, but not limited to, material that is, in Monash University’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise detrimental to or in violation of Monash University’s systems or network security or a third party's systems or network security. 

  10. Monash University may allow you to post information to this website ("User Content"), and retains the right to take down the User Content at its sole discretion and without notice.  You grant Monash University a royalty free, non-exclusive, non-transferrable, limited licence to use, reproduce and communicate to the public the User Content and to sub-license other people to use and view the User Content.  You warrant that you are legally entitled to submit, upload, post or transmit the User Content to, on or through this website and have obtained all necessary licences, consents and approvals in relation to the User Content (including intellectual property licences) to enable you to submit, upload, post or transmit the User Content to, on or through this website and to permit Monash University and other people to deal with the User Content in accordance with the licences granted above.

  11. Content: THE INFORMATION AND MATERIAL PROVIDED THROUGH THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.  IT SHOULD NOT BE USED OR RELIED ON AS MEDICAL ADVICE OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. WHILE CARE HAS BEEN TAKEN IN CREATING THIS WEBSITE, MONASH UNIVERSITY DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION OR MATERIAL PROVIDED THROUGH THIS WEBSITE IS ACCURATE, COMPLETE, UP TO DATE OR SUITABLE FOR ANY PURPOSE.  USERS ACCESS THIS WEBSITE AND RELY ON THE INFORMATION AND MATERIAL PROVIDED THROUGH IT AT THEIR OWN RISK.

  12. Limits on service:  Monash University reserves the right at any time to change, remove or discontinue any feature or function of this website, or all or any part of this website, either temporarily or permanently, with or without notice to you. From time to time Monash University may issue updates which add, modify and/or remove features from this website. These updates may be applied automatically with or without notice to you. These Terms will govern any updates provided by Monash University, unless the update is accompanied by separate terms and conditions in which case those terms and conditions will apply.

  13. Access to this website depends on telecommunications and internet service providers and other external factors and Monash University not guarantee the availability of this website at all times or at any specific times.  While Monash University will take precautions to ensure this website is secure, no data transmission over the Internet can be guaranteed as totally secure.  Accordingly, Monash University cannot ensure the security of any information transmitted to, from or using this website and you do so at your own risk.

  14. Third party websites:  This website may cause the device through which you gain access to this website to display URLs or links to websites not controlled by Monash University.  Those URLs or links are provided for convenience only and may not be current.  Providing a URL or link should not be construed as an endorsement or approval of the third party website by Monash University, and Monash University is not responsible for the content of third party websites.

  15. Disclaimers and liability of Monash University: MONASH UNIVERSITY DOES NOT WARRANT NOR REPRESENT THAT USE OF THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, OR THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR BE COMPATIBLE OR INTEGRATE WITH YOUR COMPUTER SYSTEMS.  ALL WARRANTIES WHICH WOULD OTHERWISE BE IMPLIED INTO THIS AGREEMENT ARE EXCLUDED AS FAR AS PERMITTED BY LAW.  IF ANY LEGISLATION IMPLIES OR APPLIES IN THESE TERMS ANY CONDITION, WARRANTY OR GUARANTEE, AND THAT LEGISLATION AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING THE APPLICATION OF OR EXERCISE OF OR LIABILITY UNDER THE CONDITION, WARRANTY OR GUARANTEE, THE CONDITION, WARRANTY OR GUARANTEE IS DEEMED TO BE INCLUDED IN THESE TERMS. HOWEVER, TO THE EXTENT PERMITTED BY LAW, MONASH UNIVERSITY'S LIABILITY FOR FAILURE TO COMPLY WITH ANY SUCH CONDITION, WARRANTY OR GUARANTEE IS LIMITED (AT MONASH UNIVERSITY'S OPTION, AND AS DETERMINED BY IT) TO:

    1. in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods REPAIRED; and

    2. in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again. 

  16. Termination:  If you fail to comply with any part of these Terms, Monash University may terminate this agreement, your Account and your right to use this website, by notice to you.  Termination of this agreement will not affect any rights or liabilities you or Monash University have accrued up to that time.  Upon termination of this agreement you must stop using and accessing this website.

  17. General:  You may not assign, transfer or otherwise deal with the rights under the Terms without the prior written consent of Monash University.  This agreement will be governed by and construed in accordance with the laws in force in the State of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.  If any term of this agreement is held unenforceable or illegal for any reason, the Terms will remain otherwise in full force apart from that provision.

Questions, complaints or feedback about this website should be directed to: enquiry@monashfodmap.com