Terms of Use

Health For Life Kitchen™  Terms of Use

Background issues

Dieting, exercise and other health related issues are always dependent upon the individual concerned and that you should always rely upon common sense and the advice of your medical practitioner who is aware of your personal circumstances.   In particular, and without limiting the generality of the foregoing, you should always seek medical advice before undertaking significant changes to your diet, exercise or lifestyle if your health is impaired for any reason such as allergies, diabetes, illness or age.

Please read these Terms of Use (“Terms”) carefully. By accessing or using this website (“the Website”), phone application or other products of Bissett Publishing Pty Ltd (ACN 154 886 307) trading as Health For Life Kitchen (“Health For Life Kitchen”) (including by seeking registration as a user) you agree to be bound by these Terms. If you do not agree to be bound by these Terms do not access or use the website (including recipes, advice and articles provided by members or other people), phone applications or other products or services (“the Services”) of Health For Life Kitchen.

Health For Life Kitchen reserves the right to change or modify these Terms at any time and in their sole discretion. If changes are made to the Terms, Health For Life Kitchen will provide notice of the changes on their website. Continued use of the Services will constitute acceptance of the modified Terms. You are encouraged to frequently review the Terms. If you do not accept changes to the Terms you must cease using the Services.

Health For Life Kitchen can be contacted by email on feedback@healthforlifekitchen.com.au.

Health For Life Kitchen Approved Recipe Stamp

Using recipes from the Health For Life Kitchen

Health for Life Kitchen recipes are identified by “An Approved Recipe by Health for Life Kitchen” stamp (above) next to each recipe picture.   Health for Life Kitchen recipes have a nutritional analysis panel for each recipe.  The nutritional analysis does not include the nutrient content of garnishes or any accompaniments or ingredients not listed in specific quantities in the ingredient list.  The nutritional information for each recipe is an estimate only and may vary depending on the brand of ingredients used and due to natural biological variations in the composition of natural foods.

 

Partner Recipes are recipes provided to Health for Life Kitchen, by various Marketing Partners, Individuals and Organisations with an association to Health for Life Kitchen. Please be aware that our “Partner Recipes” are not nutritionally analysed by Health for Life Kitchen and are not identified by “An Approved Recipe by Health for Life Kitchen” stamp next to each recipe picture.  Our Partners may provide a nutritional analysis; give an indication of which dietary condition(s) the recipe is suitable for; or make claims about health benefits, fat or sugar content however Health for Life Kitchen does not check or verify any such information or claims. Health for Life Kitchen users should check with a health care professional for advice about dietary guidelines.  Health for Life Kitchen accepts no responsibility for the accuracy of Partner Recipe information or claims.

Member Recipe StampMember Recipes

Member recipes are identified by “A Health for Life Kitchen Valued Member Recipe” stamp (above) next to each recipe picture, as well as being identified with “MEMBER RECIPE” in the recipe title on the recipe page. Member recipes are recipes submitted by those people who are registered under these Terms of Use as “Members”.

Please be aware that member recipes are not nutritionally analysed by Health for Life Kitchen.  When submitting a recipe, the Member nominates the dietary guidelines category / categories that the recipe is suitable for.  Health for Life Kitchen does not check or verify the claims made by members about dietary guideline categories.  Health for Life Kitchen users should check with a health care professional for advice about dietary guidelines.  Health for Life Kitchen accepts no responsibility for the accuracy of member recipe information or claims.

Individual recipes that are posted by any user are licensed to be used by other users for personal and domestic purposes and may be printed for that purpose, but not for re-publication or commercial use.

Health For Life Kitchen Users

The Services are intended for use by persons eighteen (18) years of age or older. You affirm that you have the legal capacity to enter into these Terms and to comply with your obligations under these Terms.

Health For Life Kitchen reserves the right at its absolute and unfettered discretion to refuse to provide the Services to any person or entity at its sole absolute discretion and to ban a user at any time without prior notice.

Users acknowledge that any decision to conduct transactions with any person, including through the Health For Life Kitchen website and other Services must be made with care and after appropriate research.

Views expressed on the Website do not necessarily reflect the views of Health For Life Kitchen. Health for Life Kitchen does not represent or warrant that any nutritional analyses or other material on the Website are true, correct or comprehensive.

Health For Life Kitchen Registration

You are invited to choose your own username (provided that it is available). Usernames that, at the absolute and unfettered determination of Health For Life Kitchen, appear to be vulgar or inappropriate will be changed as soon as they are detected.

We require members to include the following registration information:

  • Your real name
  • Valid email address
  • Username
  • Password

Please refrain from choosing offensive usernames and never post a message under another person’s name or pretend to be another person. When posting a message or commenting on Kitchen, your username is the only personal information that is displayed. Your real names and email address will never be displayed publicly unless otherwise specified by you. Your username will be published each time you make a contribution to the Health For Life Kitchen website.

To avoid spam and unwanted communication you should always exercise judgement when revealing personal information about yourself when you post messages in public forums.

The username field is compulsory and must be unique. If the name you select is already in use you will be prompted to choose a different one. Please think carefully when choosing your Health For Life Kitchen username, as it may be published on the Health For Life Kitchen Website and may be published in any extensions of the Health For Life Kitchen brand properties.

If you wish to change your username, please email Health For Life Kitchen. This may be done at the absolute and unfettered determination of Health For Life Kitchen, provided it does not create unnecessary confusion such as where there are similar usernames or if there have been past reviews, recipes or forum posts using the previous username.

Multiple registrations by the same person are not allowed.

Health For Life Kitchen Forums

Health For Life Kitchen is not responsible for the content of any message in any forum or for content on any websites linked to any forum posts or advertising.

Forums and recipe reviews are not to be used as an advertising mechanism, nor are you permitted to use your forum signatures as advertising without explicit consent of Health For Life Kitchen.  If you do wish to conduct advertising using the Services then please contact Health For Life Kitchen.

You agree not to post any messages that are obscene, vulgar, sexually-orientated, hateful, threatening or otherwise violative of any laws. You also agree that you will not engage in deceptive, malicious or unruly behaviour. Any breaches of these rules may result in your account being cancelled.

Health For Life Kitchen  reserves the right to remove, edit, move or close any thread or post for any reason. This does not impute any obligation to do so and posts will not necessarily be deleted or changed on request.

Health For Life Kitchen Posting

All members are entitled to express their opinion in the forums, and to make reference to their own blogs, Facebook or Twitter pages from their signatures for personal and recreational reasons but not without the express written consent of Health For Life Kitchen to promote a business.

Recipes and other material submitted by members will usually be uploaded by Health For Life Kitchen within forty-eight hours but on occasions this may take longer.  Health For Life Kitchen reserves the right to decline to publish, amend, add to or remove any post or material without prior notice and without any implied obligation to do so in any circumstances.

Be aware that once a post has been made live, Health For Life Kitchen does not generally amend or remove posts. You must therefore take care in making any post.

The following activities are expressly forbidden:

  • derogatory remarks related to age, gender, religion, nationality and race;
  • defamatory comments;
  • spamming (including emailing messaging or otherwise using the Service to promote goods or services or sending repeated identical submissions to many different forums or recipe reviews) ;
  • offensive posts, including, but not limited to bullying, excessive profanity, explicit sexual references and harassment;
  • inflammatory statements or other claims regarding health, food safety etc. without supporting links or other sources;
  • starting or continuing flame wars, abusive exchanges or engaging in ‘trolling’;
  • deliberately bypassing or exploiting the post censors;
  • uploading or linking to inappropriate images, sounds or videos, including those used in avatars and signatures;
  • links to external websites that are considered inappropriate;
  • posting copyrighted images or text;
  • spamming or any form of self-promotion via posts or private messages;
  • misleading or deceptive conduct or defamation of any kind, including of other members;
  • advertising commercial sites or products without the approval of the administrators;
  • making malicious comments about Health For Life Kitchen or its authors, administrators or moderators, on this site or any others;
  • public criticism of a moderator’s actions. If you have any complaints about a moderator, please contact Health For Life Kitchen by email admin@healthforlifekitchen.com.au.

Please email admin@healthforlifekitchen.com.au  to complain about or report another member’s posts or if you are unsure whether any posted material constitutes a violation of forum rules.

Any information passing through any Health For Life Kitchen forum or messaging system may be able to be viewed by staff management and consultants of Health For Life Kitchen. As is always the case, sensitive and confidential information should never be sent via posts or private messaging.

Health For Life Kitchen Violations

If you feel that a member’s posts are in violation of forum rules, please report the post to Health For Life Kitchen by email and/or add that member to your ignore list. Do not attempt to moderate the user yourself.

Consequences for violation of our site rules may include:

  1. a warning or infraction issued by a moderator or administrator;
  2. editing or deletion of the offending post;
  3. temporary account suspension; or
  4. permanent ban

These rules are subject to change at any time. Determination of what constitutes a breach of these rules and guidelines rests solely with the administrators. We reserve the right to delete any submitted material and ban any user at any time.

Prohibited Conduct

You must not:

  1. Infringe the copyright, trade marks or other intellectual property of any person;
  2. Prevent, interfere with or hinder the operation of the Services or any other individual’s use of the Services in any way; or
  3. Use any data mining or other extraction methods in relation to the Services; or
  4. Inflict or impose any perverse or excessive burden on the Services in any way; or
  5. Compromise the security of the Services; or
  6. Use the Services for any illegal purpose, in a manner outside the scope of their intended use, or otherwise prohibited by these Terms; or
  7. Use the Services to transmit spam, viruses, bugs or any material that could be considered threatening or unlawful in any way.

You agree to not post information derived from the Health For Life Kitchen website or other Services on public websites.

Legal Stuff

Intellectual Property

All material contained on or within the Services, including but not limited to text, graphics, images, illustrations, designs, icons, photographs, video clips and written or other materials, as well as their selection and arrangement (“the Content”), is protected by copyright, trade mark and other intellectual property laws. Any unauthorised use of the Content violates the relevant law and these Terms. Except for personal and non-commercial use, and in accordance with these Terms, Health For Life Kitchen does not grant any express or implied rights to use the Content.

By agreeing to these Terms you agree that you will not copy, reproduce, republish, download, transmit, modify, display or reverse engineer the whole or any part of the Content. You will not sell, participate in the sale of, rent, lease, loan, assign, distribute, license, sublicense or exploit in any way the whole or any part of the Content.

You warrant that any material posted by you is your copyright as author and that it will not infringe the copyright, trade marks or other intellectual rights of any other person. You will indemnify and hold harmless Health For Life Kitchen from and against any liability (including costs on an indemnity basis) arising from a breach of this warranty.

By submitting recipes, reviews, images or other material to this site you agree to grant us an perpetual, irrevocable, exclusive, worldwide and royalty-free right to use that material in any compilations, publications (whether by internet application or paper based publication or otherwise), e-books or other derivative works that may be produced by Health For Life Kitchen and its affiliates. To the extent permitted by Law, you waive any moral rights including attribution rights.  Health For Life Kitchen may at its absolute and unfettered discretion amend, edit or delete any post without prior notification.  Members found to be submitting recipes or images copied from other sites or publications from other authors may have their submission rejected and be banned.

No licence or other right is granted to use any Content or trade mark found on the Health For Life Kitchen website other than as set out in the Terms.

Goodwill

You acknowledge and agree that all goodwill associated with or relating to or derived from the website or the trade marks of Health For Life Kitchen are and shall remain solely that of Health For Life Kitchen. You agree to conduct yourself generally in a manner that enhances the reputation of the website and Health For Life Kitchen.

Indemnity

By agreeing to these Terms you agree to indemnify, defend and hold harmless Health For Life Kitchen, its officers, employees, affiliates, licensors, participating authors,  and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including legal costs) by you or any third person (including any consumer of food cooked using recipes or other information from the Health For Life Kitchen) relating in any way to your use of the Services (including recipes, advice and articles provided by members or other people and cooking or consumption of food using recipes or other advice from the Health For Life Kitchen) or breach of copyright, trade marks, confidentiality or other intellectual property rights of any person or breach of these Terms of Use by you.

Limitation of Liability

You agree that, to the greatest extent permitted by laws such as the Australian Consumer Law  or equivalent State or Territory laws which cannot be excluded or modified,  Health For Life Kitchen and affiliated parties cannot be held liable for any loss or damage howsoever arising (including negligence) including indirect, special, punitive, incidental, exemplary or consequential damages that result from:

  1. the use of, or inability to use, the Services; and
  2. the provision of the Services and the Content;
  3. damage to software or hardware arising from or as result of use of the Services;
  4. the accuracy of any information contained in the Content; or
  5. the conduct of other users of the Services,

including where Health For Life Kitchen has actual knowledge of the possibility of such damages.

You assume total responsibility for your use of the Services. If you are in any way dissatisfied with the Services your only remedy shall be to cease using the Services.

Health For Life Kitchen does not warrant that:

  1. the Services will be uninterrupted;
  2. all functions (including hyperlinks) contained in the website will be available at any time;
  3. that the Services are error or “bug” free; or
  4. that all aspects and elements of the Health For Kitchen website will be operational at any time.

If, despite these Terms, Health For Life Kitchen is found liable to you for any loss or damage in any way related to the Services or the Content, Health For Life Kitchen’s liability shall not exceed $10.00 or at the election of Health For Life Kitchen, to the supply of the Services again or the payment of the cost of having the Services supplied again. Some jurisdictions do not allow limitations of liability, so this limitation may not apply to you.

Termination

Health For Life Kitchen may without prior notice suspend:

  • access to the Website or a any page of the Website; or
  • functionality of any element of the Website.

Any membership and any rights to post material may be terminated immediately and without prior notice or cause by Health For Life Kitchen.

Jurisdiction and Severability

The governing law of these Terms and use of the Services is that of the State of Victoria, Australia and these Terms are subject to the non-exclusive jurisdiction of the Courts of that State.

If a provision of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, then this will not affect the validity or enforceability of any other provision of these Terms within that jurisdiction, or the validity or enforceability of that provision in any other jurisdiction.

Note to International Users

The Services are hosted within Australia. Health For Life Kitchen does not make any representations regarding the legality or performance of the Services outside of Australia.

These terms are current as at the 20th of October 2014.

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