Subscribe below for 10% off first purchase

Terms of Use

FODMAP Health Pty Ltd

This website (https://www.fodmaphealth.com, henceforth referred to as “the Website”) has been created in good faith for your use and enjoyment. All access to and use of the Website and all online trading conducted through the Website is governed by the terms of use of the Website set out below (the “Terms of Use”). By accessing or using the Website you agree that you have read and understood, and agree to the bound by, the Terms of Use. The Terms of Use include our legal disclaimer and any other terms or conditions which appear on the Website from time to time.

FODMAP Health Pty Ltd (“FODMAP Health” or “we” or “us”) may change, modify, add or delete parts of the Terms of Use at its sole discretion and without notice. A copy of the current Terms of Use will be available on the Website at all times. By continuing to use the Website you accept the Terms of Use as they apply from time to time.

If you do not agree to the Terms of Use, do not use the Website.

  1. Cookies

Please note, the Website uses cookies. By using the Website you consent to our use of cookies in accordance with these Terms of Use.

  1. Copyright and Trademarks

© 2017 FODMAP Health Pty Ltd

  • Unless otherwise indicated, FODMAP Health owns the copyright in all content on the website. Some of the copyright in the content on the Website may be owned by someone else and is included on the Website under a licence or agreement.
  • Nothing contained on the Website should be construed as granting any licence or right of use of any trademark, logo, name or service mark displayed on the Website without the express written consent of FODMAP Health.
  • All copyright and other intellectual property rights in the Website and the material on the Website are reserved.
  1. Permitted Use
    • Use of the Website and the content contained on the Website other than in accordance with these Terms of Use is strictly prohibited.
    • Subject to the other provisions of this clause 3 (and in particular, clauses 3 and 3.4), you may only:
  • access and use the Website for personal or non-commercial use;
  • view pages from the Website in a web browser;
  • download pages from the Website for caching in a web browser;
  • print one copy of any page from the Website; and
  • retain a single permanent copy of any printed pages of the Website for your personal use.

 

  • Except as expressly permitted by clause 3.2 (and except to the extent otherwise required by law) all other use, copying or reproduction of the Website or any part of it is prohibited.
  • For clarity, you must not download any material from the Website or save any such material, or otherwise use, copy, reproduce, publish, store in a retrieval system, alter, transmit in any form or by any means in whole or in part, any content from the Website without the express written permission of FODMAP Health (except to the extent otherwise required by law). None of the content on the Website or any part of it may be reproduced on any other internet website without the prior written consent of FODMAP Health.
  • FODMAP Health reserves the right to restrict access to areas of, or the entirety of, the Website at its discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
  • You must not:
  • use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
  • use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website (unless with our prior express written consent);
  • access or otherwise interact with the Website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
  • use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  1. Licence to use Site
    • We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms of Use.
    • You must not add any content to the Site:
  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that would bring FODMAP Health, or the Website, into disrepute; or
  • that infringes the intellectual property or other rights of any person.
    • You acknowledge and agree that:
  • we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
  • the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
  1. Intellectual Property
    • Nothing in these Terms of Use constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website and in the content on the Website.
    • By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
    • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
    • The licence in clause 3 will survive any termination of these Terms of Use.
    • You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2 and 5.3.
  2. Links to Other Sites
    • The Website may reference or link to third party sites on the internet. FODMAP Health has no control over these sites or the content within them. FODMAP Health cannot, and does not guarantee, or make any representation or warranty regarding the quality, accuracy, suitability or completeness of any content contained in any third party site.
    • Advertisements and links to other external sites, where they might occur from time to time, are not to be interpreted as an endorsement or recommendation of another site, product or company and FODMAP Health will not be held responsible for any information or opinion found on a site that FODMAP Health links to.
    • FODMAP Health cannot, and does not, make any representations or warranties that third party sites will be error free, virus free and accessible at all times.
    • By using the Website to search for or link to any third party site, you agree and understand that you will not make any claim against FODMAP Health for any damage or loss, however caused, arising from or in connection with your use of a link to access another site.
  3. Third Party Content
    • FODMAP Health does not accept responsibility for any damage or loss, however caused (including, without limitation, through negligence), which you may directly or indirectly suffer arising from or in connection with your use of, or reliance upon, any third party products, services or opinions (including acts, omissions and conduct of any third party users of the Website, other contributors to the Website, advertisers or sponsors).
    • FODMAP Health is not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including, without limitation, in relation to content posted by other users of the Website).
    • Where the information made available on the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we make any representation, warranty or guarantee about the accuracy or completeness of that content, and we will not accept liability for loss or damage, however caused, arising from or in connection with your reliance upon any information obtained through this service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
  4. Warranties

You represent and warrant to us that:

  • you have the legal capacity to accept and agree to these Terms of Use; and
  • you have complied with clause 2.
  1. Limitation of Liability
    • To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damage or loss whatsoever arising from or in connection with your access to and/or use of the Website (including, without limitation, any damage or loss suffered by you in relation to accessing any other website via a link provided on the Website).
    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use.
    • By accessing and/or using the Website, you understand and agree that you do so at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever arising from or in connection with such use (including, without limitation, any damage or loss suffered by you in relation to accessing any other website via a link provided on the Website). For clarity, FODMAP Health disclaims to the maximum extent permitted by law all guarantees, warranties and/or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of online services and any content contained therein.
    • These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the maximum extent possible, we limit our liability in respect of any claim to, at our option:
  • in the case of goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of having the goods repaired, and
  • in the case of services:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.
  1. Indemnity

FODMAP Health relies on you to use the Website responsibly. If FODMAP Health suffers any loss or damage or incurs any cost, expense or legal liability in connection with any infringement by you of the copyright or intellectual property rights of it or any third party or your use or misuse of the Website, you will indemnify and hold FODMAP Health, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any loss, damage, cost, expense, suit or claim arising in that regard. In no event will the employees, directors, board members or contractors of FODMAP Health be liable to any party for damages or losses arising from or in connection with use of the Website.

  1. Refund & Return Policy
    • FODMAP Health’s products (including goods and services) come with guarantees that cannot be excluded under the Australian Consumer Law (the “ACL”). You are entitled to a replacement (in the case of goods), re-supply (in the case of services) or refund for a major failure (as that term is defined under the ACL) in respect of goods and/or services supplied by FODMAP Health. You are also entitled to have goods repaired or replaced, or services re-supplied, if they fail to be of acceptable quality and the failure does not amount to a major failure.
    • We limit our liability to provide refunds and/or returns to the maximum extent permitted by law. For the avoidance of doubt, refunds will not be provided if you:
  • change your mind;
  • order or purchase the wrong product;
  • find a cheaper or better product elsewhere;
  • are aware of a fault before buying the product;
  • damage the product because of misuse of the product;
  • download, save or store any product and/or material from the Website to the wrong device; or 
  • wish to change the device to which any product and/or material downloaded from the Website is saved or stored after downloading, saving or storing the product and/or material from the Website.
  1. Prices

All prices of products and/or services advertised, promoted or supplied via the Website are in Australian Dollars (AUD), unless indicated otherwise.

  1. Dispute Resolution
    • In this clause:

Dispute means any dispute as to the meaning, performance, validity, subject matter or breach of these Terms of Use, or as to any claim in contract, tort or equity, or pursuant to any statute.

  • If a Dispute arises out of or in connection with these Terms of Use, court or arbitration proceedings (other than for urgent interlocutory relief) must not be commenced by a party to these Terms of Use unless the parties have first complied with this clause 13.
  • A party claiming that a Dispute has arisen must give written notice to the other party specifying the nature of the Dispute (the “Dispute Notice”). The parties must then participate in a mediation in accordance with this clause.
  • If the parties do not agree within 14 days of receipt of the Dispute Notice (or within a longer period agreed in writing) on:
  • the procedures to be adopted in a mediation of the Dispute;
  • the timetable for all steps in those procedures; and/or
  • the identity and fees of the mediator;

then:

  • the President of the Queensland Law Society will appoint a mediator to determine the Dispute;
  • the mediation shall be conducted in accordance with the Australian Disputes Centre (the “ADC”) Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (the “Guidelines”), which Guidelines are hereby deemed incorporated into these Terms of Use; and
  • the parties will bear the cost of the mediator’s fees equally.
    • The parties must act in good faith, and use all reasonable endeavours, to expeditiously resolve the Dispute by mediation in accordance with this clause.
    • The parties agree to keep confidential, and not to disclose to anyone not involved in the mediation, any information or document/s given to them during the mediation, without the express written consent of the other party to the mediation.
    • Notwithstanding the existence of a Dispute, or the progress made in resolving a Dispute in accordance with this clause, the parties must continue to comply with these Terms of Use.
    • This clause will survive termination or expiry of these Terms of Use.
  1. Severability

If the whole or any part of a provision of these Terms of Use is or becomes invalid or unenforceable it must, if possible, be read down so as to be valid and enforceable. If however, the whole or any part of a provision of these Terms of Use is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms of Use.

  1. Governing Law

These Terms of Use are governed by the laws of Queensland and the parties agree to submit to the exclusive jurisdiction of the courts of Queensland.