Disclaimers, Terms & Conditions
(Updated as of 11 August 2015)
- This LikeMyDiet web site provides professionally designed meal plans for a small fee with the intention of assisting people to lose weight down to an ideal weight for height. We sell these meal plans on the basis of providing well-intentioned and generally useful suggestions for a calorie and carbohydrate controlled diet based on the personal data provided to us by the purchaser. However, we do not have a detailed knowledge of the customer’s health, their need for and use of drugs and other substances, medications and special dietary needs, and we do not have a verified knowledge of the customer’s data. Consequently, we do not accept responsibility for the actual results of a customer using our meal plans.
- We particularly advise our customers that our dietary meal plans are not a substitute for professional healthcare advice that may be needed due to a customer’s medical condition or other physical and/or psychological health factors beyond our knowledge. As such, should you have any doubt about starting a dietary meal plan without prior professional healthcare advice, we strongly urge you to obtain such advice before purchasing or in lieu of purchasing a LikeMyDiet meal plan. We accept no responsibility for any person with any health condition using our dietary meal plan. If you are a diabetic, a LikeMyDiet dietary meal plan may reduce your insulin requirements if you are on medication. We recommend that you monitor your blood glucose levels carefully prior to each meal. You may need to adjust your medication accordingly – do so only under professional medical supervision.
- We accept no responsibility if a LikeMyDiet meal plan is wrongly applied, misunderstood or is continued to be used when healthy outcomes are not being achieved. We clearly and unequivocally insist that a customer takes full responsibility for their actions in purchasing a dietary meal plan from LikeMyDiet, in following or attempting to follow the actual meal plan, and in seeking appropriate medical advice, if appropriate, prior to purchasing a dietary meal plan from LikeMyDiet.
- LikeMyDiet does not accept any liability for any injury, illness, loss or damage incurred by the use of or reliance on the information provided in our dietary meal plans.
- LikeMyDiet has no control over the content, terms, policies and procedures of the PayPal external site that is linked to the LikeMyDiet site for the purposes of facilitating electronic payment.
- Brand names of varying foodstuffs are used within the LikeMyDiet meal plans to indicate a type of food or food product that is or has been generally available in one or more national markets, rather than to specifically recommend for or against these or competing similar brands, and, as such, constitutes fair use of the brand. This indication is to assist our customers in identifying, for their purchase and usage, the type of foodstuff in terms of its ingredients and nutritional values, but does not imply that LikeMyDiet endorses any particular brand or brands nor that LikeMyDiet is commercially connected with the branded product/s manufacturer/s or distributor/s.
- LikeMyDiet and all logos, content of the site, and all associated graphics, icons, software and LikeMyDiet -marked material of all kinds are trademarks and/or service marks and/or proprietary items protected by copyright or other ownership rights, and unauthorised use of same for commercial purposes will be prosecuted under law.
- The LikeMyDiet website is owned and controlled in the State of Queensland in Australia, and any legal matters arising will be dealt with under the applicable Queensland and Australian laws.
- We grant you a non-exclusive, non-transferrable, limited right to use our dietary meal plans, once paid for, for personal non-commercial use. Repeat free downloads of the purchased meal plans will remain available for twelve (12) months from the date of purchase to assist you in replacing misplaced print-outs and not for distribution to others.
- You acknowledge this Website contains dietary meal plans, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other things (“the Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now and in the future. All Content is copyrighted under the applicable copyright laws and we own copyright in the Content, selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale of, create derivate works of, or in any way exploit, any of the Content. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content.
- To the maximum extent possible by law we disclaim all warranties, expression applied including but not limiting to implied warranties merchantability and fitness for a particular purpose, title, compatibility, security, accuracy, or non infringement
- You acknowledge that we are not responsible for your use of this website and your use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from any download of any meal plan, product or other content or material. LikeMyDiet will not be responsible or liable for;-
- Any direct or indirect loss, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, resulting from the use by you of this website or the LikeMyDiet meal plan provided by this website.
- The above statements are limited by and subject to any rights you may have under the Australian Consumer Law or its equivalent.
- If any liability or law cannot be excluded then:-
- Our total liability to you for all damages, losses and causes of action (however arising and whether in contract or tort) will not exceed the amount paid by you with respect to LikeMyDiet plan and particularly with respect to any individual Like My Diet meal plan obtained by you;
- Our LikeMyDiet liability is further limited to, at our choice, either:
- Supplying the LikeMyDiet plan again; or
- A refund for the LikeMyDiet plan obtained by you.
- If any portion of these terms of conditions, particularly in relation to limitation of liability is found to be invalid or severed from the terms and conditions LikeMyDiet‘s liability is limited to the fullest extent permitted by law.
- You indemnify us with respect to and against any and all party, third party claims, liability, damages and or costs arising from your improper use of our website and LikeMyDiet meal plan including any infringement of any intellectual property.
- LikeMyDiet reserves its rights to amend these terms and conditions at any time. Each time you order a LikeMyDiet meal plan you accept these terms and conditions including any amended terms and conditions.
- LikeMyDiet reserves its rights to amend its diet plans from time to time. LikeMyDiet accepts no responsibility or liability as a result of any changes to LikeMyDiet meal plans.
- Your acceptance of all of the above Disclaimers, Terms and Conditions is required as a condition of your purchase of a LikeMyDiet meal plan. You agree to these disclaimers, terms and conditions just as if you signed an agreement containing these.
(Updated as of 11 August 2015)
Information you give us
- Personal information
To calculate the best dietary meal plan for you, we need to know your age, weight, height and exercise level. You enter this information as the first step towards purchasing a diet plan. This information is not retained by us, and is lost as soon as you exit our website. To add your name to the cover page of your diet plan, that is, to enable us to personalise the diet plan for you, we ask for your name. You can enter any name you like, such as a first name or your full name or a made-up name. This name is retained by us, in conjunction with your email address, in our sales records but is not used for any other purposes.
By the provision of this information by you, you consent to its provision to us including if it is considered sensitive information under the Privacy Act. We will use it only for the purposes listed.
- Email address and password
You will be asked to log on with an email address and will be given an automatically-created password to allow our software to recognise you on a repeat visit – this is to ensure that should you need the same calorie-level diet plan as the last or previous visits, we will be able to supply you with an updated version and not the version you have previously received. Our software may enable you to select the version you previously received should you choose that option. We also retain your email address, in conjunction with the name you give us, for our sales records. Our software will also retain your password, in conjunction with your email address, so that, should you forget your password, we will be enabled to email the password to you.
- It is not our intention to use your email address for marketing purposes, such as alerting you to new services or products, but if we provide this facility in future, we will seek your approval before adding your email address to a marketing recipient list.
- Public information
The date you purchase a LikeMyDiet meal plan will be automatically added to the cover page. This is primarily to assist you in managing your meal plans. The date you purchase will also be retained in our sales records.
- Your comments and other information you leave in an on-site forum
Our website may have a forum for you to leave comments and questions. This forum will be an independent module – not linked to your log-on details for the website. To enable us to communicate with you, the forum will ask for email and name details. These details will be retained purely for attending to your comments and responding to your questions.
- Information will not be disclosed
All private and public information we collect about you and your interaction with our website, as described in the foregoing clauses, will remain with LikeMyDiet and will not be sold, rented, loaned or otherwise disclosed to an external party.
Information you give to Third Parties
- Other Third Parties
With the exception of PayPal as noted above, and unlike many other diet-based websites, LikeMyDiet is not linked to any other Third Party for advertising, promotions or for any other purpose.
- Cookies are pieces of information that are transferred to a visitor’s hard drive for facilitating future visits and for recording visitor demographics. We do not store any user information in cookies.
Access to your Personal Information
- Limited personal information is held by us as stated above. You may contact us by email at firstname.lastname@example.org to request access to your personal information we hold about you and to seek correction of such information.
- If you have any complaints about a breach of the Australian Privacy Principles, please contact us by email at email@example.com and succinctly set out your complaint. We will attempt to resolve your complaint by reviewing same and responding to you within a reasonable period. The timing of our response will depend upon the nature of the complaint made.
- It is not likely that we will disclose your personal information to overseas recipients
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