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Terms & Conditions

Please read these Terms of Use carefully before using this site.

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.

Your access to the Network (including but not limited to the information, graphics and materials) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as the "Terms of Use") and the Privacy Statement. Your use of, and/or access to, the Network constitutes your agreement to abide by these Terms of Use together with any amendments made from time to time. You must agree to these Terms of Use in order to use the Network. Please read this document carefully. If you do not wish to be bound by these Terms of Use, you may not access or use the Network. If you do not agree with all the provisions contained in these Terms of Use do not use this site!

Family Health reserves the right to amend these Terms of Use at any time in its sole discretion. Such amendment shall be effective immediately upon either posting of the amended Terms of Use or notifying you. You agree to periodically refer to the Terms of Use in this document and elsewhere on the Network to insure that you are aware of any amendments or alterations made from time to time. Your continued access or use of the Network shall be deemed your conclusive acceptance of the amended Terms of Use.

The Terms of Use protect you and allow Family Health to take action if other users act improperly. If you become aware of another user who is not abiding by the terms of use, please contact us.

  1. Definitions
  2. Family Health Logo
  3. Communication Facilities
  4. Intellectual property and restrictions on use of Content on the Network
  5. Registration and Password
  6. User Representations
  7. License to and from Family Health
  8. Advertising, links to Third Party Web sites and e-commerce offers
  9. Disclaimer and limitation of liability
  10. Indemnification
  11. Third Party Rights
  12. Termination
  13. Use of information gathered on the Network
  14. Trademarks of Family Health and its Affiliates
  15. Export Control
  16. Notice
  17. Miscellaneous
  18. Specific terms relating to Family Health's partners and suppliers

1. Definitions

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;

"Software" means

"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. Family Health LOGO

2.1 Except as authorized by Family Health, non-Family Health and Family Health Web site providers ("Other Web sites") may use only the logo provided below ("Logo"). By downloading the Logo you agree to be bound by these Terms of Use, as amended from time to time.

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:

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.

2.6 These Terms of Use do not grant a license or any other right in Family Health's or the Network's logos or trademarks other than as set forth herein. Family Health reserves the right in its sole discretion to terminate or modify permission to use the Logo at any time. Family Health reserves the right to take action against any use that does not conform to these Terms of Use, infringes any Family Health or Network intellectual property or other right, or violates any other applicable law.

2.7 Family Health disclaimers any warranties that may be express or implied by law regarding the Logo, including warranties against infringement.

3. Communication Facilities

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.

3.4 It is a condition of your use of any Communication Facility and your access to the Network that you do not, under any circumstances, do any of the following actions or cause or allow any other individual or entity to do so, which shall constitute a material breach of these Terms of Use:

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.

3.8 Family Health may from time to time monitor or review the contents of its Communication Facilities. Family Health reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Family Health's sole discretion is determined to be harmful, offensive or otherwise objectionable in any way or in violation of any applicable law or these Terms of Use, or Family Health's operating policies for Users, including but not limited to information and/or materials which are:

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).

3.10 Family Health reserves the right to record the dialogue in public chat rooms. Family Health does not screen communications in advance and is not responsible for screening or monitoring material posted by Users or any other individual or entity. If notified by a User of communication(s) which are alleged not to conform to these Terms of Use, Family Health may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s).

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. Intellectual property and restrictions on use of Content on the Network

4.1 The entire Content is Copyright © 2000 Family Health, its suppliers and/or licensors unless expressly indicated otherwise on the Network. The Content is protected by Australian and international copyright and trademark laws and other intellectual and proprietary rights in all media and technologies existing now or later developed except as explicitly provided otherwise. These Terms of Use and applicable copyright, trademark and other laws govern your use of such Content.

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.

4.3 Upon acceptance of these Terms of Use Family Health authorizes you to display and download a single copy of portions of the material from the different areas of the Network solely for your own personal, noncommercial use, subject to any expressly stated restrictions or limitations relating to specific material, UNLESS otherwise permitted such as in the case of electronic coupons.

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:

4.10 You must not use the Content or the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of Family Health or any of its Affiliates or which is prohibited by these Terms of Use.

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.

4.14 Content is subject to change without notice at the editorial discretion of Family Health. If you violate any of these Terms of Use, your permission to use the Content and the Network automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

5. Registration and Password

6. User Representations

6.1 You represent and warrant that you are at least 18 years old and that you possess the legal right and ability to agree to be bound by these Terms of Use and to use the Network in accordance with these Terms of Use.

6.2 You expressly acknowledge and agree that you are currently and will continue to be, financially responsible for your use of the Network including use of your account by others (including but not limited to children who are residing with you) and will comply with your responsibilities and obligations as stated in these Terms of Use.

7. License to and from Family Health

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:

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.

7.5 By these Terms of Use, Family Health grants, subject to these Terms of Use, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Network in real time and to use the materials in the Network in a manner consistent with the Copyright provisions in these Terms of Use.

7.6 Family Health respects the privacy of Users. The name, address and other information that you provide when you use the services of or subscribe to the Network and information regarding the manner in which you use the Network and/or the Internet will not be processed or disclosed by Family Health except as permitted by these Terms of Use or as required or allowed by applicable law or legal process.

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:

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.

7.11 Locator Information will not be disclosed directly to a third party except as described in these Terms of Use, however Family Health may use Locator Information to forward special offers or communications from selected companies to Users via the Network.

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.

7.15 Family Health may sometimes permit third parties to offer subscriptions and/or registration-based services through the Network. In this event, Family Health is not responsible for any actions or policies of such third parties and members and Users should check the applicable privacy policy of such party before providing personally identifiable 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.

7.19 Family Health may employ Cookie technology to allow Users to move more quickly through the Network. Users should be aware that Family Health can not control the use of Cookies by advertisers or third parties hosting data for Family Health. However, if a User does not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows the User to deny or accept the Cookie feature. Please note that Cookies may be necessary to provide the User with certain features (for example, customized delivery of information) available on 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.

7.25 Family Health seeks to comply with all applicable laws and regulations as they are modified from time to time. In the event that any provision of these Terms of Use conflict with any applicable law or regulation, the applicable law or regulation will supercede the conflicting provision.

8. Advertising, links to Third Party Web sites and e-commerce offers

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:

8.2 Your use of a Third Party Web site is subject to the Terms and Conditions of use for such site.

8.3 When following a link on the Network, material at a Third Party Web site may be displayed in your browser framed by Content on the Network. This material is also Third Party Material for the purpose of these Terms of Use.

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:

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.

8.12 The product prices listed on calorieking.com.au are the responsibility of the relevant retailer. They are subject to change without notice by the retailer. Your use of this site is subject to these Terms of Use.

8.13 Material on the Network may contain general information about Family Health products and services. Unless expressly stated otherwise, this information:

8.14 For further information regarding a particular product or service please contact Family Health.

9. Disclaimer and limitation of liability

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:

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:

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.

9.8 Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

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:

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:

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:

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.

10. Indemnification

10.1 You expressly acknowledge and agree to indemnify, defend and hold each of Family Health, its parents, subsidiaries, affiliates, officers, directors, employees, agents, Information Providers and suppliers and the Network harmless from all losses, expenses, damages, costs, claims or demands, (including but not limited to reasonable legal fees, defense or settlement costs and accounting fees), resulting from any violation of these Terms of Use by you or any activity related to your account and/or use of the Network (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Network using your service account or arising in any other way, whether in contract, tort, negligence, statute or otherwise.

11. Third Party Rights

11.1 The provisions in these Terms of Use relating to indemnification, waiver, release and limitation of liability are for the benefit of Family Health, its officers, directors, employees, agents, licensors, Information Providers, suppliers, Affiliates and the Network. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

12. Termination

12.1 The Terms of Use are effective until terminated by Family Health.

12.2 Family Health reserves the right, in its sole discretion, to immediately, at any time, without notice, upon any breach by you of these Terms of Use or upon you demonstrating conduct which is inappropriate or without cause:

12.3 Family Health will confirm any suspension or termination of your access to the Network and/or any other service by subsequent notice.

12.4 In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you (including but not limited to copyright provisions, licenses granted by you and all Family Health disclaimers, waivers, releases and limitations of liability and third party rights) set out in these Terms of Use will survive.

12.5 Family Health reserves complete and sole discretion with respect to the operation of the Network. Family Health reserves the right to:

13. Use of information gathered on the Network

13.1 Family Health and its Affiliates may gather, process and use (and allow others to use):

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. Trademarks of Family Health and its Affiliates

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. Export Control

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).

16. Notice

16.1 Family Health may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Network or by written communication delivered to your address on record in Family Health's account information. You may give notice to Family Health at any time via electronic mail to the Network or by letter delivered to the following address:

Family Health Network PO Box 3100 Nedlands,WA, 6009 Attention: The Chief Executive Officer / President

17. Miscellaneous

17.1 You expressly acknowledge and agree that these Terms of Use will be governed by and construed in accordance with the laws of Western Australia, Australia. You agree that any legal action or proceeding between Family Health and you for any purpose concerning these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Perth, Western Australia, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.

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.

17.4 If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with the applicable law and such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect.

17.5 Family Health's failure to insist upon or enforce strict performance of any provision of these Terms of Use or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of Family Health's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

17.6 Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

17.7 Family Health may assign all or any of its rights and obligations under these Terms of Use to any party at any time without notice to you and upon such assignment Family Health may be relieved of any further obligation hereunder for those rights and obligations.

17.8 You represent to Family Health that you have authority to register with the Network according to these Terms of Use.

17.9 These terms of Use and any additional Terms (as such terms shall be identified when posted on the Network by Family Health) constitute the entire understanding between the parties as to the subject matter hereof and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Family Health, be deleted or modified to correct the defect and regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

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.

Thank you for your cooperation with these Terms of Use. We hope you find the Network helpful and convenient to use! Questions or comments regarding the Network should be directed by electronic mail to Family Health.

18. API

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:

  1. has been developed and acquired by CKWS from various sources and is therefore recorded and stored at different levels of reliability; and
  2. may become erroneous, outdated, inaccurate or incorrect over time;
and the Client indemnifies CKWS against any and all liability for any loss, damage or injury suffered by the Client, its customers or any other third party consequent upon use or reliance on the CKWS Data or the existence of any errors in the CKWS Data.

18.2.2 The Client indemnifies CKWS against:

  1. any and all liability which may be incurred by CKWS or any person as a direct or indirect result of the use of the CKWS Data by the Client or its customers; and
  2. any claim or action which would not have been made but for the modification, combination, operation or use of the CKWS Data for the Purpose and any software or hardware not furnished by CKWS.

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:

  1. pay all Fees owing to CKWS pursuant to this Agreement;
  2. deliver up to CKWS the CKWS Data (including all Updates), the Media and all related materials or documentation provided by CKWS to the Client pursuant to this Agreement and maintain no copies whatsoever;
  3. confirm to CKWS in writing that the CKWS Data (including the Updates) and all copies thereof have been deleted from all forms of storage by the Client; and
  4. cease to use the CKWS Data (including the Updates) and any other Intellectual Property Rights of CKWS in any manner whatsoever including ceasing to use the CKWS Data for the Purpose following the expiry or earlier termination of this Agreement.

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.

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