The Family Health Network of web sites form an Internet-based online information and communication service (the "Network") and are operated by the owners ("Family Health") under the domain name calorieking.com.au.
In this Agreement, unless the context otherwise requires:
"Aggregate Information" means information that describes the habits, usage patterns and/or demographics of Users as a group but does not indicate the identity of particular Users;
"Content" means the entire contents of the Network, including but not limited to all information, text, material, graphics, software and advertisements on the Network. The Content includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.
"Cookies" are small text files a web site can use to recognize repeat users and facilitate the User's ongoing access to and use of the site. Generally, Cookies work by assigning a unique number to the User that has no meaning outside the assigning site. They do not come onto a User's system nor do they pose a threat to a User's files.
"Individual Information" means information about a User presented in a form distinguishable from information relating to other Users but not in a form that enables the recipient to personally identify any User;
"Locator Information" means the name, email address, physical address, and/or other data of a User that enables the recipient to personally identify the User;
"Spamming" is the online work for posting many times on one topic. Spamming is strictly prohibited;
"User" means any individual or entity which makes use of the Network in any way, whether or not they have subscribed to the Network or any part thereof, whether they have paid any necessary fees or not, and for whatever purpose;
2.2 Other web sites may use the Logo only on their web sites and not in any other manner. The Logo must always be an active link to the Network homepage at http://www.calorieking.com.au/ HTML code for the link is shown below.
<a href="http://www.calorieking.com.au/" target="_top"> <img src="http://images.calorieking.com.au/branding/dc/common/linklogo.jpg" alt="CalorieKing" border="0"></a>
2.3 The Logo must include the phrase ;"Family Health Network", and describe the significance of the Logo on Other Web sites, with wording which clearly confirms that the Logo is a link to the Network, not an endorsement of that particular Other Web site. Other Web sites may not remove or alter this or any other element of the Logo.
2.4 The Logo may be used only if, and where:
(a) the web page accurately refers to the Network, Family Health or its products or services;
(b) it is displayed directly adjacent to the reference or at the bottom of the same page;
(c) all web page titles, other trademarks and logos belonging to Other Web sites appear at least as prominently as the Logo;
(d) the Logo is not displayed in such a way as to imply sponsorship, endorsement or license by Family Health or the Network;
(e) the Logo appears by itself, with a minimum spacing in the amount of the height of the Logo between each side of the Logo and other graphic or textual elements on the Other Web site pages;
(f) the Logo is not used as a feature or design of any other logo; and
(g) the Logo is not altered in any way, including but not limited to size, proportions, colors or elements, or its perspective or two-dimensional appearance distorted by morphing, animation or otherwise.
2.5 Other Web sites which feature the Logo must not contain remarks which disparage in any way, Family Health or the Network or their products or services, infringe any Family Health or Network intellectual property or other rights, or violate any state, federal or international law.
2.7 Family Health disclaimers any warranties that may be express or implied by law regarding the Logo, including warranties against infringement.
3.1 The Network contains electronic bulletin boards, chat rooms and other communication facilities which provide feedback by Users to Family Health, real-time interaction between Users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
3.2 If you use Communication Facilities you are solely responsible for your communications, your use of the Network and the consequences of posting those communications. Family Health does not assume any responsibility for the consequences of any Communication Facility communications on or arising from use of the Network.
3.3 In cases where you feel threatened or believe someone else is in danger, you should contract your local law enforcement agency immediately.
(a) restrict or inhibit any other User from using or enjoying any Forum or part of the Network;
(b) after receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
(c) post or transmit any unlawful, harassing, threatening, abusive, harmful, libelous, defamatory, racially offensive, hateful, obscene, vulgar, pornographic, profane, sexually oriented, indecent, inaccurate, or otherwise objectionable message, data, image, program, information or material of any kind, including but not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances;
(d) post chain letters or pyramid schemes;
(e) make use of the Network in any way to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(f) make use of the Network for junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list;
(g) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including but not limited to material which is an invasion of any privacy or publicity rights, unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant individual or entity;
(h) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
(i) post, transmit or upload any files or material of any kind which contains a virus, corrupted data or other harmful component;
(j) impersonate any other person or entity, whether actual or fictitious, including but not limited to impersonating an employee, agent or consultant of Family Health;
(k) allow any other person or entity to use your identification to post or view comments;
(l) intercept or attempt to intercept email or other private communications not intended for you;
(m) send unsolicited email messages through third party mail servers in order to relay your email or hide the origination of your email to others;
(n) falsify the source of origin of software or other material contained in a file that you upload to a bulletin board or the Network;
(o) use an inappropriate member name of any kind;
(p) post, transmit or in any way exploit any material of any kind for any purpose other than personal communication, including for commercial purposes, to obtain direct financial gain, including but not limited to advertising, solicitations, mass marketing, using the network as a mass unsolicited distribution medium to communicate a generally unsolicited message or any promotional material or advertising, any other form of advertising, offering to unsolicited sell goods or services to other Users or using your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by Family Health);
(q) delete any author attributions, legal notices or proprietary designations or labels in any file that you upload to a bulletin board or the Network;
(r) post or use the Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio, or post Content or participate in any form of discussion with the intention to commit any illegal activity;
(s) download any file posted by any other User if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
(t) use, download or otherwise copy, or provide (whether or not for free) to an individual or entity that is not a subscriber to the Network the user directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise permitted by Family Health);
(u) use simultaneous, unattended or continuous connections to the Network with one account;
(v) use the Network in a manner that adversely affects the availability of its resources to other Users;
(w) cause repeated disruptive incidents; or
(x) act, or fail to act, in your use of the Network, in a manner that is contrary to applicable law or regulation.
3.5 It is not the intention of the Network or Family Health to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views, however, despite this, Family Health reserves the right to take such action as it deems appropriate in its sole discretion, in cases where the Network is used to disseminate statements which Family Health considers in its sole discretion are deeply and widely offensive and / or harmful.
3.6 Each time you upload a file to the Network you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file.
3.7 Your participation in online communications occurs in real time and is not edited, censored or otherwise controlled by Family Health. Family Health can not and does not screen content provided by you to the Network.
(a) abusive, libelous, defamatory or obscene;
(b) fraudulent, deceptive or misleading;
(c) in violation of a copyright or trademark or other intellectual property right of another; or
(d) offensive or otherwise unacceptable to Family Health.
3.9 Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the Network area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose).
3.11 You expressly acknowledge and agree that Family Health may in its sole discretion, review uploaded files, conferences, bulletin boards, forums and chats and authorize restrictions on access thereto. Family Health will not review the contents of email except as required or allowed by applicable law or legal process.
3.12 Family Health's operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards and other matters are available and/or will be made available online. Family Health reserves its right in its sole discretion to change such policies at any time. Files uploaded to a bulletin board may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
3.13 Family Health has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such Contents, nor is Family Health responsible for any Contents in any Communication Facility (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
3.14 Messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.
3.15 Statements made in web sites, newsgroups, forums, bulletin boards, email messages, conferences, chats and in any other manner reflect the view of their authors and not Family Health. The views of forum managers and hosts and those appearing on the Network are those of the relevant individuals only and are not necessarily those of Family Health.
3.16 Family Health reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any individual or entity posting any materials which is alleged to have violated any applicable or relevant law.
3.17 Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
4.2 The Content includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.
4.4 It is strictly prohibited to reverse-engineer, disassemble, decompile, reproduce, transcribe, redistribute, retransmit in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), store in a retrieval system, translate into any language or computer language, resell or publish any copyrighted material without the prior express written consent of the copyright owner.
4.5 You must not change or delete any proprietary notices from materials downloaded from the Network.
4.6 Content is published in real-time, and you must not modify, copy, reproduce, retransmit, republish, frame, upload to a third party, post, transmit, distribute or commercially exploit or otherwise transfer Content in any way except as expressly provided for on the Network or expressly authorized in writing by Family Health or its Affiliates.
4.7 You will not acquire any rights by downloading materials.
4.8 The burden of determining that any information, software, images or any other Content is not protected rests with you.
4.9 Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
(a) download and view the Content for your personal and/or non-commercial use using an industry-standard Web browser; or
(b) if you are an Internet service and/or access provider, supply the Content to your subscribers.
4.11 By submitting Content to any;"public are;" of the Network, (including but not limited to message boards, forums, contests and chat rooms), you grant Family Health and its Affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that the holder of any previous rights (including any moral rights) in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on the Network retains any and all rights that may exist in such Content.
4.12 Notwithstanding anything contained herein to the contrary, by submitting Content to any contests on the Network, you hereby expressly permit Family Health to identify you as the contributor of such Content to the contest in any publication in any form including but not limited to media or technology now known or later developed in connection with the Content, unless you otherwise notify Family Health in writing at the time you submit the Content that you do not wish to be identified.
4.13 For information obtained from Family Health's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
5.1 You are responsible for:
(a) maintaining the confidentiality of your registration and personal information, password and other confidential information relating to your use of the Network;
(b) all uses of your registration, whether or not authorized by you;
(c) maintaining all equipment required for your access to and use of the Network;
(d) all charges resulting from your Network account, including unauthorized use prior to you notifying Family Health of such use and taking steps to prevent its further occurrence by changing your password; and
(e) notifying Family Health immediately of any unauthorized use of your registration or password.
7.1 Except as described herein, any communication which you post on the Network is considered to be non-confidential. By placing any information or other material on the Network (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such Content has expressly granted) to Family Health a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Network (including but not limited to chat rooms, forums and bulletin boards) alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses:
(a) use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the rights granted in this paragraph.
7.2 The grant contained in paragraph 7.1 includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
7.3 You expressly waive in favour of Family Health and any other party authorised by Family Health all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material and warrant that any such materials or information are original to you or that you have the right to submit such material and information. At the request of Family Health, you will execute and deliver to Family Health such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
7.4 You expressly acknowledge and agree that you shall have no recourse against Family Health or the Network for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
7.7 You expressly acknowledge and agree that Family Health may share with other parties both Aggregate Information and limited Individual Information gathered during your use of the Network and/or the Internet.
7.8 You expressly acknowledge and agree that Family Health may gather, process or use Locator Information.
7.9 You expressly acknowledge and agree that Locator Information may be gathered, processed or used in the following instances:
(a) if you use the Network to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a Network session, the company that sells or provides such physical goods or services (the "Merchant") will obtain Locator Information;
(b) if you use the Network to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a Network session the company providing such content, goods or services (the "Content Provider") may obtain Locator Information;
(c) if you obtain dial up access to the Network from a third party independent internet access provider ("IIAP"), Locator Information relating to you may be obtained by the IIAP; and
7.10 Some of the Locator Information that you provide when you sign up or subscribe to the Network or when you complete a Network user properties section will be used to create an entry in your name in the Network User Directory. You may modify, add or delete your User information in the Network User Directory.
7.12 In order to protect the privacy of your Locator Information, Family Health maintains its User information in a secured database.
7.13 Family Health uses Secure Socket Layer ;"SS;") encryption technology to ensure the integrity and privacy of the information you pass to us via the Internet, however, to take advantage of this, you must utilize a browser that maintains 128bit encryption support.
7.14 Family Health reserves the right to perform statistical analyses and profiling of members and Users, and their behavior and characteristics, in order to measure interest in and use of various sites and to inform advertisers of such information.
7.16 It is not possible for a member or User to delete his or her profile from our database, nor is it feasible to delete all traces of a member's or User's activity in the system. You may request deletion of your email address from the Network database.
7.17 Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on the bulletin boards, chat areas and other interactive areas of the Network , information, along with any substantive information disclosed in the User's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Family Health. Family Health makes no warranties about the discoverability of Users' identity by methods beyond our control.
7.18 An individual site may place a text file called a "Cookie" in the browser of your computer. The Cookie does not contain Locator Information but will enable Family Health to compare your use of the Network to information that you have specifically and knowingly provided to the Network.
7.20 Some sections of the Network may be designed specifically for use by children up to the age of 16. Locator Information may be requested in these sections. These sections will notify children that they should first obtain permission from their parent/s and/or guardian/s before providing any such information.
7.21 Parents, guardians and others who allow children to use, or do not prevent children from using, their Network account should be aware that Network policies concerning privacy and the use of User information dictate Family Health"s use of Locator Information supplied by children but any information which is voluntarily provided by a child in email messages, chat sessions, bulletin boards, forums or in any other way, may be used by third parties to generate unsolicited mail or other contact with children.
7.22 Family Health does not make online requests for your password, or unsolicited requests for your credit card or debit card numbers or other Locator Information. You may alter your Locator Information to provide these details if you wish.
7.23 Family Health urges you to use the utmost caution when giving out any personally identifiable information about yourself or other members of your family online. Family Health urges you to discuss safety issues with your children and instruct them in the safe and responsible use of their Locator Information while using the Network and the Internet. Such Locator Information sent over the Internet can not be tracked or retrieved by Family Health.
7.24 You should notify Family Health immediately if you believe that these policies regarding privacy and the use of User information have not been adhered to or if you have any questions about these policies. Family Health will use all commercially reasonable efforts to determine and correct any problems in a timely manner.
8.1 The Network contains hyperlinks and other pointers to Internet web sites operated by third parties ("Third Party Web sites"). These linked web sites are not under the control of Family Health and Family Health does not sponsor, endorse, or approve of the operators of Third Party Web sites, or the information, graphics and material on those Third Party Web sites ("Third Party Material"). They may contain:
(a) information that some people may find inappropriate or offensive;
(b) information which is incorrect;
(c) false or misleading advertising; or
(d) information which violates copyright, libel or defamation laws.
8.2 Your use of a Third Party Web site is subject to the Terms and Conditions of use for such site.
8.4 You expressly acknowledge and agree that Family Health is not, and could not, be responsible for the contents of any linked web or any hyperlink contained in a linked web site. Family Health provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by Family Health or its Affiliates. You link to any such web site entirely at your own risk.
8.5 Subject to any applicable laws which can not be excluded, Family Health makes no warranties or representations:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web sites; or
(b) that Third Party Material does not infringe the intellectual property laws of any individual or entity. Family Health is not authorizing the reproduction of Third Party Material by linking Content on the Network to Third Party Material.
8.6 The Network contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to web sites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and is not a recommendation or endorsement by Family Health or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
8.7 Unless otherwise specifically stated, Family Health does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Network.
8.8 Advertisements may contain representations or offers by third party advertisers which you can accept by linking to the advertiser's web site and executing the relevant transaction. Such offers are not made by Family Health, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the Third Party Web site.
8.9 All offers to sell and statements relating to goods and services available on Third Party Web sites are the responsibility of and given by the Third Party Web site operator. Insofar as such offers and statements are made on Network web sites, such offers and statements are made by Family Health on behalf of the Third Party Web site operator. Family Health expressly disclaims acting in any other respect on behalf of Third Party Web site operators.
8.10 The Network may receive payments from operators of Third Party Web sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web site from the Network.
8.11 Family Health and/or third parties may from time to time, send e-mail messages to you which contain advertisements, promotions or other material. You expressly acknowledge and agree that Family Health makes no representation or warranty and shall not have any liability with respect to the content of any such e-mail messages or any goods or services which may be obtained in connection with such e-mail messages.
8.13 Material on the Network may contain general information about Family Health products and services. Unless expressly stated otherwise, this information:
(a) does not constitute an offer or inducement to enter into a legally binding contract; and
(b) does not form part of the terms and conditions for Family Health products and services.
8.14 For further information regarding a particular product or service please contact Family Health.
9.1 You expressly agree that use of the Network is at your sole risk. The Network is provided on an "as is" and "as available" basis.
9.2 Family Health recommends that you seek independent advice before acting upon Content on the Network or Third Party Material.
9.3 The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Family Health of goods or services on the Network which cannot be excluded, restricted or modified ("Non- excludable Rights"). Family Health does not exclude any Non-excludable Rights but does exclude all other conditions and warranties of any kind, express or implied by custom, law or statute including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement.
9.4 Except as provided for by the Non-excludable Rights:
(a) all Content is provided "as is" or "as available" and without warranties of any kind, either express or implied;
(b) Family Health and its suppliers expressly disclaim all warranties express or implied of any kind including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement;
(c) Family Health makes no warranty that the Network will meet your requirements and does not make any warranty as to the results that may be obtained from the use of the Network;
(d) Family Health, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Network or Family Health;
(e) Family Health, its licensors and its suppliers do not make any warranties that the Content contained on the Network satisfies government regulations requiring disclosure of information on prescription drug products;
(f) Family Health does not warrant against human and machine errors, or that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted, timely, free from omissions, delays or losses, secure or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(g) Family Health does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked web sites) or any Content in terms of correctness, accuracy, timelines, completeness, reliability or otherwise; and
(h) you (and not Family Health) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
9.5 Under no circumstances (including but not limited to any act or omission on the part of Family Health) will Family Health, its officers, directors, employees, agents, Information Providers or suppliers or Affiliates or the Network be liable in any way to you or anyone else under any theory of liability or indemnity for any damage, including but not limited to direct, indirect, incidental, special and/or consequential damages or loss of profits, use, data or other intangibles whatsoever which result from any of the following, even if Family Health has been advised of the possibility of such damages:
(a) use or access of, or any inability to use or access, the Network or any Content whether foreseeable or not which may result from the unavailability or malfunction of the Network;
(b) the cost of procurement of substitute goods and services; or
(c) any goods or services purchased or obtained or messages received or transactions entered into through the Network or resulting from unauthorised access to or alteration of your transmissions or data.
9.6 You hereby release and forever waive any and all claims you may have against Family Health, its officers, directors, employees, agents, Information Providers or suppliers or Affiliates or the Network (including but not limited to claims based upon the negligence of any of the aforementioned) for losses or damages sustained in connection with the use of the Network.
9.7 Notwithstanding the foregoing paragraph, the total liability of Family Health, its officers, directors, employees, agents, Information Providers, suppliers, Affiliates and the Network, if any, shall not exceed the fees paid by the relevant User for the particular information or service provided. In no event shall Family Health, its officers, directors, employees, agents, Information Providers, suppliers, Affiliates or the Network be liable for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information, Content or other parts of the Network are hereby excluded, even if Family Health, its officers, directors, employees, agents, Information Providers, suppliers, Affiliates or the Network, have been advised of the possibility of such damages.
9.9 You expressly acknowledge and agree that Family Health does not exert control over Users (including individuals referred to on the Network as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
9.10 To the fullest extent permitted by law, Family Health's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Family Health to the following:
(a) in the case of services supplied or offered by Family Health:
(i) the supply of the services again; and
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by Family Health:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
9.11 You expressly acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the Network is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
9.12 You expressly acknowledge and agree that Family Health cannot and do not guarantee or warrant that files available for downloading from the Network will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Users of the Network are responsible for:
(a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output; and
(b) maintaining a means external to the Network for the reconstruction of any lost data.
9.13 The information contained on the Network is presented in summary form, is general in nature and is intended to educate Users on general wellness and health management topics. The information does not exhaustively cover all diseases, ailments, physical conditions or their treatment and should not be considered complete. This information should not be relied on to suggest a course of treatment for a particular individual.
9.14 Nothing contained in the Network is intended to be instructional for medical diagnosis or treatment. The information is provided by a variety of providers, who do not, directly or indirectly practise medicine or dispense medical services as part of the Network. The information should not be used to replace a visit, call to, consultation with or advice from your medical practitioner or other qualified health care professional. You should never delay in seeking medical advice or disregard medical advice as a result of information contained on the Network.
9.15 You should contact your medical practitioner or a qualified health care professional promptly:
(a) if you have any health care related questions; or
(b) before you commence a new treatment, diet or fitness program.
9.16 Family Health does not recommend or endorse any specific test, products, or procedures that may be mentioned on the Network. Any opinions expressed on the Network are the opinions of the authors of such opinions.
9.17 You expressly acknowledge and agree that Family Health does not guarantee the accuracy or completeness of, or assume any liability for the Contents, any material or information in or provided in connection with the Network, provided by Family Health, its Health Experts, other visitors to the Network or anyone else. Family Health is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither Family Health, nor its Health Experts, other visitors to the Network or anyone else, while such individual or entity is participating in the Network, is engaged in rendering legal, medical, counselling or other professional services or advice. Family Health encourages you to seek appropriate professional advice or care immediately for any situation or problem which you may have.
9.18 You expressly acknowledge and agree that Family Health shall not be responsible for any loss, damage or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any product, information, ideas or instruction contained, suggested or referenced on the Network. Your participation in the Network is solely at your own risk. No advice or information, whether oral or written, obtained by you from Family Health or through the Network shall create any warranty not expressly made herein.
9.19 You understand that the Internet contains unedited materials, some of which are sexually explicit and may offend you. You access this material at your own risk. You expressly acknowledge and agree that Family Health has no control over and is not responsible for the content on the Internet or World Wide Web pages which are outside Family Health sites and waive any claim you might otherwise have against Family Health with respect to such sites. Links may be provided to resources which are beyond Family Health's control, for the convenience of Users. Family Health makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided.
9.20 The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Family Health makes no representations about the results to be obtained from using the Network or the Content. The use of the Network and the Content is entirely at your own risk.
9.21 You expressly acknowledge and agree that in connection with the Network, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchanges and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Family Health and its suppliers. Accordingly, Family Health assumes no liability for or relating to the delay, failure, interruption of any data or other information transmitted in connection with use of the Network.
9.22 You expressly acknowledge and agree that Family Health, by permitting classified and personal advertisements, makes no warranties or representations of any kind as to the accuracy of the Content or suitability of the subject matter of any such advertisements. Family Health specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements.
9.23 By posting a personal or classified advertisement on the Network, you are promising that the content of your advertisement is true and that you will indemnify Family Health against any claims which may arise from your advertisement.
9.24 By responding to a classified or personal advertisement on the Network, you waive any claims against Family Health for damages arising from such advertisement or your reliance upon statements in such advertisement.
9.25 You expressly acknowledge and agree that Family Health assumes no responsibility for the deletion of or failure to store e-mail messages.
(b) delete all or any part of the Content provided by you or your agent(s) to the Network;
(c) suspend or terminate this agreement and your access to the Network and/or any other service provided to you by Family Health including but not limited to any e- mail account;
(d) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) take any other action whatsoever, which Family Health deems appropriate in its sole discretion.
12.3 Family Health will confirm any suspension or termination of your access to the Network and/or any other service by subsequent notice.
12.5 Family Health reserves complete and sole discretion with respect to the operation of the Network. Family Health reserves the right to:
(a) delete email if it has not been accessed by a User within the time established by Family Health's policies;
(c) modify, withdraw, suspend or discontinue all or any functionality or feature of the Network at any time with or without notice to you and without any liability to you or any third party; and
(d) modify or discontinue the Network at any time with or without notice to you and without liability to you or any third party.
13.1 Family Health and its Affiliates may gather, process and use (and allow others to use):
(a) the information which you submit or otherwise provide when using the Network (including but not limited to your name, physical address and email address);
13.2 From time to time, Family Health may offer and may allow others to offer, products and services to you. If you wish to discontinue receiving such offers, please contact, as appropriate, Family Health or the relevant Affiliate.
14.1 The trademarks listed below are trademarks of Family Health or its Affiliates (as indicated). All other trademarks displayed on the Network are trademarks of their respective owners. Nothing contained on the Network should be construed as granting any license or right of use of any trademark displayed on the Network without the express written permission of Family Health, the relevant Family Health Affiliate or third-party owner.
14.2 Some of the logos (including the Logo) listed below may be available to you to place on your own web site as a hyperlink to the relevant Family Health web site, but such use requires the express written authorisation of Family Health or the relevant Affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
Family Health: Family Health Network The Family Health logo
HealthChef, echef, ediet, idietclub.com, symptomchecker.com, ediagnosis, HealthMart,
15.1 Australia controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are an individual or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).
Family Health Network PO Box 3100 Nedlands,WA, 6009 Attention: The Chief Executive Officer / President
17.2 Any cause of action or claim you may have with respect to Family Health must be commenced within one year after the claim or cause of action arises.
17.3 The Network is based in Perth, Western Australia, in Australia. Family Health makes no claims the Content (including Software) is appropriate or may be downloaded outside of Australia. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Network from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
17.10 Family Health reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
17.11 All rights not expressly granted herein are reserved.
18.1 Family Health(CKWS) is the owner or licensee of all Intellectual Property Rights in the CKWS Data and has the right to license the CKWS Data.
The Client has requested, and CKWS has agreed, to grant the Client a non-exclusive, non-transferable license to use and reproduce the CKWS Data during the Term for the Purpose; and on the terms and conditions specified in this Agreement.
18.2 API Disclaimers and Indemnities
18.2.1 Client acknowledges and agrees that the CKWS Data:
18.2.2 The Client indemnifies CKWS against:
18.2.3 The Client will at all times indemnify and hold harmless CKWS and its officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by a breach by the Client of its obligations or warranties under this Agreement or any willful, unlawful or negligent act or omission of the Client.
18.3 API Action upon Termination or Expiry
18.3.1 Upon expiry or the earlier termination of this Agreement, the Client will immediately:
18.3.2 Notwithstanding termination of this Agreement, upon termination or expiry of this Agreement, the Client may continue to use or reproduce the Derivatives in the form in which they existed as at the date of termination or expiry for a period of 3 years from the termination or expiry of this Agreement.