Raw and Free Terms of Service
1. Terms of Service
Raw and Free Limited NZCN 8595352 trading as Raw and Free (we, us, our) operates www.rawandfree.com and all of its subdomains (our Sites), iOS and Android mobile applications (our Apps), and various third party social media and messaging sites, channels, pages, groups and forums including our private Facebook group (which, collectively with our Sites, and our Apps, we will refer to as our Services).
In these Terms, Content means any information, text, recipes, meal plans, images, photographs, videos, graphics, audio, software, data and other material made available on or through our Services.
2. Acceptance and variation of terms
Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an ‘accept’ button (or similar), creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to amend these Terms, our Privacy Policy or any information or material appearing on our Services from time to time, including to reflect changes to our Services, business operations, technology, applicable laws or regulatory requirements.
We may make changes with immediate effect where reasonably necessary for security, technical, legal or regulatory reasons. Where any other change to these Terms materially adversely affects your rights or obligations under an existing paid subscription, we will provide reasonable notice of the change where required by applicable law. Unless otherwise stated, amended Terms will take effect when published or notified to you, and your continued use of our Services after the amended Terms take effect constitutes your acceptance of those amended Terms.
3. Licence
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use our Services, subject to these Terms, your compliance with these Terms, any limitations or restrictions associated with the type of your user account, plan, or subscription (as applicable).
4. Acceptable use
You agree that you are only authorised to use our Services for the following activities:
(a) for your own personal use; and
(b) any other purpose which we make known to you.
Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards including any community guidelines for our private Facebook group as published on our Sites and or in our private Facebook group from time to time (Community Guidelines).
5. Health, nutrition and wellness Information
You acknowledge and agree that the recipes, meal plans, wellness challenges, articles, educational materials, personal stories and other health, nutrition and wellness information and content made available through our Services whether prepared or provided by us, our founder, a dietitian, nutritionist or other suitably qualified health or wellness professional, a guest contributor or any other third party (Health and Wellness Content) are provided for general informational purposes only.
Unless expressly stated otherwise, the Health and Wellness Content:
(a) is not medical, dietetic, nutritional or other health advice provided specifically to you;
(b) is not intended to diagnose, treat, cure or prevent any disease, illness, injury or other medical or health condition;
(c) has not been prepared having regard to your individual health circumstances, medical history, dietary or nutritional requirements, allergies or intolerances, medications or other personal circumstances; and
(d) is not a substitute for advice, diagnosis or treatment from an appropriately qualified healthcare professional.
The preparation, review, approval or provision of any Health and Wellness Content by a dietitian, nutritionist or other health or wellness professional does not constitute the provision of individual professional advice to you or establish a practitioner-patient, practitioner-client or other professional advisory relationship between you and that person.
Before making material changes to your diet, nutrition, exercise or other health practices based on Health and Wellness Content, you should consider whether the content is appropriate for your individual circumstances and seek advice from an appropriately qualified health professional where appropriate.
If you have a medical condition, food allergy or intolerance, are pregnant or breastfeeding, have or have had disordered eating, take medication, or have particular dietary or nutritional requirements, you should seek appropriate professional advice before following any recipe, meal plan, wellness challenge or other Health and Wellness Content made available through our Services.
You are responsible for checking the ingredients, nutritional information, allergen information and product labels of any food or other product you purchase or consume. Ingredients, product formulations and manufacturing processes may vary or change from time to time, and we do not warrant that any third-party ingredient or product is free from allergens or cross-contamination.
References to recipes or other content as plant-based, gluten-free, refined-sugar-free or by any similar description are based on the ingredients and information available to us when the relevant content is prepared and do not constitute a guarantee that any particular ingredient or third-party product is suitable for your individual dietary, allergy or medical requirements.
Personal experiences and stories shared through our Services, reflect individual experiences only. Individual experiences and outcomes vary, and you should not interpret any personal story or testimonial as a representation, warranty or guarantee that you will experience the same or similar results.
Any views, opinions, statements, recommendations or other content expressed or provided by a guest contributor, health professional, community member or other third party through our Services are those of the relevant author or contributor and do not necessarily reflect our views or opinions. Unless we expressly state otherwise, the publication or availability of third-party content through our Services does not constitute our endorsement of that content.
6. Your acknowledgements
By using our Services, you acknowledge and agree to the following:
(a) subject to law, we make no statements or representations, and give no warranties or guarantees to you, that:
(i) our Services are suitable for any particular use or purpose;
(ii) any Health and Wellness Content made available on or through our Services is comprehensive, complete, current, or does not omit any material or important information having regard to the relevant circumstances;
(iii) any Health and Wellness Content is suitable for your particular health, dietary, nutritional or other personal circumstances; or
(iv) you will achieve any particular health, wellness, dietary, nutritional or other outcome or result from accessing or using our Services or following any Health and Wellness Content;
(b) you are solely responsible for:
(i) your own health, dietary, nutritional, wellness and other personal decisions;
(ii) any results, consequences, or outcomes experienced by you, or any third party, arising from your use of our Services;
(iii) determining whether any recipe, meal plan, wellness challenge or other Health and Wellness Content is appropriate for you having regard to your individual circumstances, including any allergies, intolerances, medical conditions, medications and dietary or nutritional requirements;
(c) before acting on or relying upon any Health and Wellness Content, you will:
(i) consider whether the Health and Wellness content is appropriate for your individual circumstances; and
(ii) where appropriate, seek advice from an appropriately qualified healthcare professional;
(d) you must not disregard, delay seeking or discontinue professional medical or healthcare advice or treatment because of any Health and Wellness Content made available through our Services.
7. Our Apps
7.1 Installation of our Apps
Your download and installation of our Apps is subject to the Apple App Store terms and conditions (for iOS devices) and the Google Play Store terms and conditions (for Android devices), as applicable from time to time. You are responsible for complying with any applicable terms and conditions of the relevant app store through which you download or access our Apps.
The availability of our Apps, subscriptions and particular features may vary depending on your location, device, operating system or App Store.
While we endeavour to ensure that our Apps support commonly used compatible mobile devices and operating systems, we do not warrant or guarantee that our Apps will be free from errors or defects, compatible with or operate without interruption on every device or operating system.
We may release updates to our Apps from time to time. Some updated may be required for our own Apps to continue to function properly, and you may need to install the latest version of our Apps to continue accessing our Services.
7.2 Licence to Use and Access our Apps
In exchange for you agreeing to and accepting these Terms (or being deemed to do so) and any applicable App Store terms, we grant you a personal, non-exclusive, non-assignable, non-transferable and non-sublicensable licence to use and access our Apps for your own personal and non-commercial use, subject to these Terms and any applicable subscription restrictions.
7.3 Service Interruptions Beyond Our Control
Where there is any service interruption or malfunction in our Apps due to circumstances beyond our reasonable control, including but not limited to, service interruptions or malfunctions in the services provided by Apple or Google, we will use reasonable endeavours to work with the relevant third parties to restore access or function. However, subject to any rights or remedies which cannot lawfully be excluded, we are not responsible for service interruptions or malfunctions caused by third-party platforms or services outside our reasonable control.
8. User accounts
8.1 Account creation
In order to access and use our Services, we may, from time to time, require you to do any one or more of the following:
(a) create an account with us; and/or
(b) provide us with a valid email address; and/or
(c) provide such other information as we reasonably require to create and maintain your account.
8.2 Your acknowledgements
When creating and using an account with us, you acknowledge and agree that:
(a) you will not provide any false information and will keep your personal information accurate and up to date;
(b) you will only create one (1) account;
(c) you will not allow anyone else to access or use your account;
(d) you will not create a new account if your account is suspended or disabled;
(e) if you create an account using your user credentials from a third party service (such as Facebook, Apple or Google), your use of such credentials is subject to the relevant third-party service’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account; and
(f) you are responsible for maintaining the confidentiality and security of your account and login credentials and must notify us promptly if you become aware of, or reasonably suspect, any unauthorised access to or use of your account.
8.3 Account deletion
You may delete your account at any time using the account deletion functionality available within our App or by contacting us using the contact details made available through our Services.
Deletion of your account does not necessarily cancel any subscription purchased through the Apple App Store or Google Play Store. You are responsible for cancelling any such subscription through the relevant app store in accordance with its applicable terms and procedures.
Following deletion of your account, we will handle and retain your personal information in accordance with our Privacy Policy and applicable law.
8.4 Our rights re: user accounts
We reserve the right to suspend, restrict or terminate your account or access to all or part of our Services where we reasonably consider it necessary, or appropriate to protect our legitimate interests, our Services, our users or any third party, including in the following circumstances:
(a) if you breach these Terms, or any other relevant third party terms and conditions, or we reasonably suspect that you have breached them; or
(b) if you engage in any illegal, defamatory, obscene, inappropriate, offensive, abusive, threatening or harmful conduct or behaviour through or in connection with our Services; or
(c) if your conduct poses, or may reasonably pose, a risk to the safety, security, reputation, integrity or proper operation of our Services or to us or another user; or
(d) where we reasonably suspect fraud, misuse, unauthorised access or other conduct that may expose us, our Services or another person to legal, regulatory, security or reputational risk.
Where we delete your user account or suspend or terminate your access to our Services in accordance with these Terms, we will retain and otherwise handle your personal information in accordance with our Privacy Policy [DL2] and applicable law.
Any suspension, restriction or termination of your account is subject to any rights or remedies available to you under applicable law.
9. Age Restriction
You must be at least 16 years old to create an account or use our Services.
If you are under 18 years old (Minor), you may only create an account or use our Services with the consent and supervision of your parent or legal guardian.
If you are a parent or legal guardian who permits a Minor to create an account or use our Services, you:
(a) agree to these Terms on behalf of the Minor;
(b) consent to the Minor's use of our Services;
(c) are responsible for supervising the Minor's use of our Services;
(d) are responsible for determining whether the Services, including any Health and Wellness Content, are appropriate for the Minor having regard to their individual circumstances; and
(e) must ensure that the Minor complies with these Terms.
Our Services are not intended for children under 16 years of age, and persons under 16 years of age must not create an account or use our Services.
10. Your responsibilities
You agree to use our Services in a lawful, authorised and acceptable manner and in accordance with these Terms.
You must not use our Services:
(a) in a way that violates, misappropriates or infringes our rights or the rights of any other person;
(b) for any unlawful, fraudulent, defamatory, threatening, intimidating, harassing, hateful, discriminatory, obscene or otherwise inappropriate purpose;
(c) to publish, communicate or distribute any content that you know is false, misleading or deceptive;
(d) to impersonate another person or misrepresent your identity or affiliation with any person;
(e) to send spam, unsolicited communications or other unauthorised communications;
(f) for any commercial or non-personal purpose unless expressly authorised by us;
(g) in a way that interferes with, disrupts, damages or compromises the security or operation of our Services;
(h) to provide medical, nutritional, dietetic or other health advice to another user, or to encourage another user to disregard or discontinue professional medical or healthcare advice or treatment;
(i) to post or share another person's personal, health or sensitive information without their consent;
(j) to promote or recommend any treatment, product, supplement, diet or health practice in a manner that is dangerous, misleading or likely to cause harm; or
(k) to advertise, solicit or promote goods, services or commercial activities to other members without our prior written consent.
11. Fees and payments
11.1 Fees
Unless otherwise expressly stated by us, all fees and charges are:
(a) Displayed in the currency made available to you through the relevant app store or other platform through which you purchase your subscription; and
(b) Inclusive or exclusive of applicable goods and services tax (GST) and other applicable value added tax (VAT) as displayed to you at the time of purchase.
11.2 Subscription Types
We may offer different subscription types from time to time, which may include different subscription periods (for example, monthly or annual), fees, features and payment frequencies .
The applicable subscription period, price, payment frequency and any free trial will be displayed to you through the relevant app store before you purchase a subscription. [DL3]
We may change the subscription plans, features or fees that we offer from time to time. Where a change materially affects your existing subscription, we will provide any notice required by applicable law or the relevant app store and, where applicable, the change will take effect from your next renewal period.
11.3 Automatic Renewal
Where a subscription is stated to automatically renew, it will automatically renew at the end of the applicable subscription period for the further period disclosed to you at the time of purchase, unless you cancel the subscription before the applicable renewal date.
The applicable renewal period, renewal price (or the basis on which that price will be determined), payment frequency and method for cancelling your subscription will be disclosed to you at or before the time of purchase.
Automatic renewal is also subject to the applicable terms and requirements of the Apple App Store or Google Play Store (as applicable). To avoid being charged for the next subscription period, you must cancel your subscription through the relevant app store before your renewal date. We do not currently send renewal reminders. You can view your renewal date and manage or cancel your subscription through your Apple App Store or Google Play Store account settings.
11.4 Free Trial
We may offer eligible new members a free trial of our subscription for the period displayed at the time of the offer. Unless you cancel your subscription through the relevant app store before the free trial ends, your subscription will automatically convert to paid subscription at the end of the free trial, and you will be charged the applicable subscription fee. Free trials are limited to one per eligible member and are subject to the terms of the relevant app store.
11.5 Payment Processing
Subscriptions fees are paid through the Apple App Store or Google Play Store (as applicable) and your payment will be processed by the relevant app store in accordance with its applicable payment and subscription terms. We do not directly control or have access to the processing of those payments, and any payment or billing issues may need to be addressed through the relevant app store, subject to your rights under applicable law.
11.6 Failure to pay fees and other money
If payment of any subscription fee is not successfully processed by the relevant app store, your access to subscription features may be suspended or ended until payment is successfully made.
11.7 Cancellations and Refunds
You may cancel your subscription in accordance with the cancellation terms applicable to the subscription you selected.
If you purchased your subscription through the Apple App Store, Google Play Store or another third-party app store, you must manage and cancel your subscription through the relevant app store in accordance with its applicable procedures. Deleting your account or deleting the App from your device does not, by itself, cancel your subscription.
Unless otherwise stated at the time of purchase or required by applicable law, cancellation will take effect at the end of your then-current paid subscription period and you will continue to have access to the applicable subscription features until that time.
Any request for a refund in respect of a subscription purchased through a third-party app store will be handled in accordance with the applicable app store’s refund procedures and policies, subject to any rights or remedies available to you under applicable law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy which cannot lawfully be excluded, restricted or modified.
12. User content
Nothing in these Terms affects your ownership of content created, developed, uploaded, posted or otherwise submitted or shared by you through our Services, including through any community or social media group made available as part of our Service (referred to as User Content). You will, at all times, retain all right, title, and interest in and to all of your User Content.
You grant us a royalty-free, worldwide, non-exclusive licence to use your User Content to the extent reasonably necessary to moderate, manage and operate any community or group made available in connection with our Services. We will not reproduce your User Content outside the relevant community or group without your consent.
Where you post or share User Content through any third party platform or community made available in connection with our Services, including our private Facebook group, your User Content is also subject to our Community Guidelines and the terms, policies and privacy practices of the relevant third-party platform.
You are solely responsible for all of your User Content and must ensure that you have all rights, consents, permissions and authorities necessary to upload, post, share, or otherwise make your User Content available through our Services.
You must not upload, post, share or otherwise make available any User Content that:
(a) infringes the intellectual property, privacy, confidentiality or other rights of any person;
(b) is unlawful, defamatory, threatening, harassing, hateful, discriminatory, obscene or otherwise inappropriate;
(c) contains another person’s personal, health or sensitive information without their consent; or
(d) otherwise breaches these Terms, our Community Guidelines or the terms of the relevant third-party platform.
Where you make User Content available through a community, social media group, page, channel or other interactive feature, you acknowledge that your User Content may be visible to other users or members of that community. You should not post or share personal, health or other sensitive information that you do not wish to be seen by other users or the relevant third-party platform.
We may remove, restrict access to or moderate User Content to the extent reasonably within our control where we reasonably consider that it breaches these Terms, any applicable community guidelines or applicable law, or may be harmful to us, our Services or another person. We may also suspend or remove you from any community or group operated or administered by us where we reasonably consider that your conduct breaches these Terms, our Community Guidelines or applicable law, or may cause harm to us, our Services or another person.
We will handle any personal information contained in User Content that we collect or hold in accordance with our Privacy Policy and applicable law.
13. Affiliate program
We may offer an affiliate program, which is subject to any affiliate terms and conditions that may be published on our Sites from time to time. You acknowledge and agree that we may vary such terms and conditions at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.
14. Affiliate links, sponsored content and third-party products
Our Services may from time-to-time feature, promote, recommend or include links to products, services or brands offered by third parties. Some content may be sponsored, paid or gifted, or may contain affiliate or referral links. We may receive a commission, referral fee, payment, product or other benefit in connection with such content or if you purchase a product or service through an affiliate or referral link. Our cookbooks may be available to purchase through third-party retailers such as Amazon. Any such purchase is made from the relevant retailer and is subject to that retailer’s terms, conditions and privacy practices.
Where required, we will identify sponsored, paid, gifted, affiliate or other commercial content in accordance with applicable law.
Any information we provide about a third-party product or service is provided for general informational purposes only and does not constitute medical, nutritional or other health advice. Any statements regarding the health, nutritional, therapeutic or other benefits of a third-party product or service are subject to the disclaimers in these Terms.
We do not manufacture or supply third-party products or services featured through our Services and, subject to applicable law, are not responsible for their quality, safety, efficacy, availability or suitability for your individual circumstances. Any purchase from a third party is a transaction between you and that third party and may be subject to that third party's terms, conditions and privacy practices.
15. Promotions and discounts
We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.
16. Security
You must ensure that you keep secure and confidential all login credentials (e.g. username and password) required to access our Services.
We may require you to update your login credentials (such as passwords) on an ad-hoc or periodic basis, as determined by us, to maximise the security of our systems for your protection. We will provide you with reasonable notice of any such requirement.
We may support multi-factor authentication to access our Services using one-time-use codes sent to the mobile number or email address associated with your account. Where supported by us, we encourage you to use multi-factor authentication to secure your account.
You must immediately notify us of any unauthorised use of your login credentials, or any other breach of security.
Where there is unauthorised access or a breach of security, we will take reasonable and appropriate steps to respond to the unauthorised access or breach of security, including by, without limitation, cancelling and resetting the relevant login credentials, and you must take all other actions that we reasonably require to maintain or enhance the security of your access to our Services.
We take reasonable technical and organisational measures designed to protect information held by us from misuse, interference, loss and unauthorised access, modification or disclosure. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any Loss suffered by you or any third party if our security measures (or those of any of our third-party service providers) are overcome or breached.
We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.
17. No interference
You agree that you will not:
(a) use our Services in any way that could damage our reputation or goodwill, or infringe our rights or the rights of any other person;
(b) permit any person to access and use our Services other than in accordance with these Terms;
(c) disable, tamper with or otherwise attempt to circumvent any billing or subscription mechanism associated with our Services;
(d) create accounts for our Services through unauthorised or automated means;
(e) interfere with or disrupt the security, integrity, availability or proper operation of our Services;
(f) collect, access, use or disclose information about another user through our Services in an unauthorised or unlawful manner;
(g) sell, resell, rent, distribute or otherwise commercially exploit our Services or any Content made available through our Services, except as expressly authorised by us;
(h) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
(ii) decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
(i) when accessing and using our Services:
(i) attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;
(ii) use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to any system on which our Services are hosted or stored;
(iv) transmit, or input into our Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use) or introduce any virus, malicious code or other material that may damage, interfere with or compromise our Services or any other person’s device, software or systems;
(v) remove or modify any program markings or any notice of proprietary rights, including those of any third party;
(vi) use any automated processes or means to access our Services;
(vii) use any software or manual repetition that will or is likely to interfere with our Services; or
(viii) attempt to cause stress or detriment to the proper working of our Services, such as by:
(A) acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
(B) repeatedly, excessively or unreasonably refreshing, reloading, accessing or requesting pages, content or other functionality of our Services.
18. Availability
We will use our reasonable endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we do not guarantee that our Services will always be available, uninterrupted, secure or error free.
From time to time, we may make available new, trial, beta, test or experimental features or functionality (Test Features). Test Features may be incomplete, changed or discontinued at any time and may contain errors or operate differently from generally available features. Your use of Test Features is at your own risk and, subject to any rights or remedies that cannot lawfully be excluded, we do not guarantee the availability, reliability, accuracy or performance of any Test Features.
You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, third party hosting, cloud and other technology service providers, and other factors which may impact upon the delivery of our Services to you via the Internet.
Subject to any rights or remedies that cannot lawfully be excluded, we are not responsible for any interruption, delay or failure in the availability of our Services to the extent caused by circumstances outside our reasonable control.
We reserve the right to restrict or remove access to our Services for the purpose of undertaking maintenance and updating our Services. Where reasonably practicable, we will endeavour to minimise disruption to users when undertaking scheduled maintenance.
19. Copyright
Except as expressly stated by us, the information and Content (excluding User Content) contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable). You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.
20. Our intellectual property
You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services including recipes, meal plans, wellness challenges, articles, photographs, videos, graphics, designs, text and other materials created or owned by us. Nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms), excluding your User Content to the extent expressly provided in clause 12, and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
21. Privacy
These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.
If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:
(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it;
(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.
22. Third party sites and content
Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.
If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
23. Feedback
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
24. Off-site conduct
It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.
25. Consequences for violation
If you violate these Terms in any way, or we reasonably suspect that you have done so, we may take any action that we reasonably consider appropriate having regard to the nature and seriousness of the actual or suspected violation, including, where appropriate and to the extent permitted by law, without prior notice to you:
(a) take any legal action we may have available against you;
(b) block your use of our Services;
(c) suspend, deactivate, or delete your account/s on our Services; and/or
(d) disclose information about you and your use of the Services to any law enforcement, regulatory or other competent authority where we reasonably consider such disclosure necessary or appropriate, or where required or permitted by law.
You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
26. DISCLAIMER
FOR THE PURPOSES OF THESE TERMS, LOSS MEANS ANY DAMAGE, COST, LIABILITY, EXPENSE, INJURY OR DEATH OF ANY KIND AND HOWEVER ARISING, INCLUDING PENALTIES, FINES AND INTEREST, WHETHER PROSPECTIVE OR CONTINGENT, AND ANY AMOUNTS THAT FOR THE TIME BEING ARE NOT ASCERTAINED OR ASCERTAINABLE (LOSS).
OUR SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. SUBJECT TO ANY RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, RELIABLE OR AVAILABLE AT ALL TIMES.
WHILST ALL DUE CARE HAS BEEN TAKEN IN PROVIDING THE SERVICES, TO THE GREATEST EXTENT PERMITTED BY LAW:
(a) WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES, ANY PRODUCTS OR GOODS, OR CONTENT MADE AVAILABLE THROUGH OUR SERVICES; INCLUDING AS TO ITS ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
(b) ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS IS EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE HEALTH AND WELLNESS CONTENT MADE AVAILABLE THROUGH OUR SERVICES, INCLUDING ANY NUTRITION, WELLNESS, FITNESS OR LIFESTYLE INFORMATION, PLANS, RECOMMENDATIONS OR OTHER CONTENT, IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE, OR BE A SUBSTITUTE FOR, MEDICAL OR OTHER PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS OR TREATMENT. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES AND ANY HEALTH AND WELLNESS CONTENT ARE APPROPRIATE FOR YOUR INDIVIDUAL NEEDS AND CIRCUMSTANCES AND, WHERE APPROPRIATE, FOR SEEKING ADVICE FROM A SUITABLY QUALIFIED HEALTHCARE PROFESSIONAL.
TO THE GREATEST EXTENT PERMITTED BY LAW, WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT USE OF OUR SERVICES OR ANY HEALTH AND WELLNESS CONTENT WILL ACHIEVE ANY PARTICULAR HEALTH, WELLNESS, NUTRITION, FITNESS OR OTHER OUTCOME OR RESULT. INDIVIDUAL RESULTS MAY VARY.
ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER, SUBJECT TO ANY RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD-PARTY SITE.
WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY[DL6] . WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.
ANY TESTIMONIALS, REVIEWS OR EXAMPLES PUBLISHED OR MADE AVAILABLE THROUGH OUR SERVICES REFLECT THE INDIVIDUAL EXPERIENCES OF THE PERSONS CONCERNED AND ARE NOT A REPRESENTATION, WARRANTY OR GUARANTEE THAT YOU WILL ACHIEVE THE SAME OR SIMILAR RESULTS. YOU ARE RESPONSIBLE FOR ASSESSING WHETHER OUR SERVICES ARE SUITABLE FOR YOUR INDIVIDUAL NEEDS AND CIRCUMSTANCES.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT, GUARANTEE OR REMEDY WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
27. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
(a) YOU ACCESS AND USE OUR SERVICES, AND ANY SYSTEM OPERATED BY US (INCLUDING, BUT NOT LIMITED TO STORAGE AND HOSTING SYSTEMS) AT YOUR OWN RISK AND EXPENSE; AND
(b) YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
(c) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
(d) THE USE, NON-USE, MISUSE OR UNAUTHORISED USE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;
(e) OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
(f) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
(g) ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.
TO THE GREATEST EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY RIGHTS OR REMEDIES THAT CANNOT BE LAWFULLY EXCLUDED, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL SUBCRIPTION FEES PAID BY YOU FOR OUR SERVICES (WHETHER PAID TO US OR THROUGH THE RELEVANT APP STORE) DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT OR SERIES OF EVENTS GIVING RISE TO THE RELEVANT CLAIM.
TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OUR SERVICES.
28. INDEMNITY AND RELEASE
28.1 INDEMNITY
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR/ATTORNEY AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING (CLAIM) MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
(A) ANY WILFUL OR UNLAWFUL ACT, OMISSION OR NEGLECT BY YOU;
(B) YOUR MISUSE OR UNAUTHORISED USE OF OUR SERVICES;
(C) YOUR USER CONTENT (AS THAT TERM IS DEFINED IN THESE TERMS), INCLUDING ANY CLAIM THAT YOUR USER CONTENT INFRINGES THE RIGHTS OF A THIRD PARTY;
(D) OUR SERVICES NOT FUNCTIONING AS YOU EXPECT;
(E) YOUR RELIANCE ON:
(I) ANY HEALTH AND WELLNESS CONTENT (INCLUDING USER CONTENT) HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
(ii) ANY INFORMATION, STATEMENT, RECOMMENDATION OR OTHER CONTENT PROVIDED BY A THIRD PARTY OR OTHER USER THROUGH OR IN CONNECTION WITH OUR SERVICES;
(F) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU;
(G) ANY BREACH OF THESE TERMS BY YOU; AND
(H) ACTION TAKEN BY US TO ENFORCE THESE TERMS OR DISPUTE ANY IMPROPER TRANSFER RECALL OR REVERSED TRANSACTION INITIATED BY YOU WITH YOUR FINANCIAL INSTITUTION.
28.2 RELEASE
TO THE GREATEST EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW, IF APPLICABLE), YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY IN RELATION TO THE FOLLOWING MATTERS:
(A) ANY WILFUL OR UNLAWFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
(B) THE USE, NON-USE, MISUSE OR UNAUTHORISED USE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;
(C) YOUR USER CONTENT (AS THAT TERM IS DEFINED IN THESE TERMS), INCLUDING ANY CLAIM THAT YOUR USER CONTENT INFRINGES THE RIGHTS OF A THIRD PARTY;
(D) OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
(E) YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:
(i) ANY HEALTH AND WELLNESS CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
(ii) ANY INFORMATION, STATEMENT, RECOMMENDATION OR OTHER CONTENT PROVIDED BY A THIRD PARTY OR OTHER USER THROUGH OR IN CONNECTION WITH OUR SERVICES FOR WHOM WE ARE NOT RESPONSIBLE;
(F) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
(G) ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.
29. Dispute Resolution
Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:
(a) notify us of the dispute by using the contact details on our Sites;
(b) provide us with full and complete details of the dispute;
(c) provide such supporting information or documents as we reasonably request;
(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.
You acknowledge and agree that neither party may take formal legal action against the other without first seeking to have any dispute resolved by mediation, the costs of which will be shared by the parties.
30. Reporting
If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by using the contact details on our Sites. So that we can efficiently deal with your report, please ensure that your report:
(a) states the reason for your concern/s; and
(b) clearly identifies the content by providing:
(i) a description of it; and
(ii) a link to the specific page, post or content (if applicable).
31. Confidentiality
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at hello@rawandfree.com.
32. Notices and notifications
We may send or issue notices to you from time to time:
(a) through the user interface on our Services; and/or
(b) by email.
You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.
33. General
33.1 Assignment
We may, at any time, without notice to or consent from you, assign, novate or otherwise transfer any or all of our rights or obligations under our agreement with you to a related entity or in connection with a sale, transfer, restructure, merger, acquisition or other dealing involving all or any material part of our business or assets, provided that doing so does not materially prejudice your rights under these Terms.
33.2 Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.
33.3 Force Majeure
You or we will not be liable for any breach of obligations under these Terms to the extent that the breach arises as a consequence of any event that is outside the reasonable control of the affected party and could not have been prevented by that party taking reasonable steps (Force Majeure Event), provided that the party:
(a) promptly notifies the other party and provides full and complete details of the Force Majeure Event and its effect on the party’s ability to comply with its obligations under these Terms; and
(b) takes all reasonable steps to work around or reduce the effects of the Force Majeure Event.
33.4 Jurisdiction
This agreement is governed by the law in force in the State of Queensland, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this agreement.
Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.
33.5 Relationship
Nothing in these Terms creates or establishes between you and us any partnership, joint venture, or fiduciary relationship. You and we are independent contracting parties and neither you nor we will have any authority to legally bind the other.
33.6 Severability
Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.
33.7 Waiver
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.
34. Rules of interpretation
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.
The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) words of any gender include all genders;
(c) alternate grammatical forms of a defined term have a corresponding meaning;
(d) a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
(e) a reference to a document includes the document as novated, varied, or substituted from time to time;
(f) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
(g) a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
(h) a reference to two or more persons is to any of them together and each of them individually;
(i) a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
(j) ‘including’ and similar expressions do not limit the generality of any provision of these Terms;
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;
(l) a reference to $, AUD$, dollar or $ is to Australian currency; and
(m) headings and table of contents are for ease of reference only and do not affect interpretation.