© 2018 The Pantry Doctor
Website Terms and Conditions of Use
- About the Website
1.1. Welcome to www.thepantrydoctor.com (the ‘Website‘). The Website provides Nutrition & Wellness Coaching and Pantry Analyses (the ‘Services‘).
1.2. The Website is operated by Maud Schipper and Jeroen van Houten (ABN 69399056404) . Access to and use of the Website, or any of its associated Products or Services, is provided by Maud Schipper and Jeroen van Houten. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Maud Schipper and Jeroen van Houten reserve the right to review and change any of the Terms by updating this page at its sole discretion. When Maud Schipper and Jeroen van Houten update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Maud Schipper and Jeroen van Houten in the user interface.
- Registration to use the Services
3.1. In order to access the Services, you must first register for an account through the Website (the ‘Account‘).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
3.3. You warrant that any information you give to Maud Schipper and Jeroen van Houten in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Maud Schipper and Jeroen van Houten; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Requirement to Obtain Professional Medical Advice
4.1 All content on our Site and/or provided via our Services is for informational and educational purposes only.
4.2 Any statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies.
4.3 None of the content or products offered on our Site and/or provided via our Services are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
4.4 The products and content found on the Site and/or provided via our Services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
4.5 You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.
4.6 If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your healthcare provider before using our Services.
4.7 Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Site and/or provided via our Services.
4.8 You should be in good health and physically fit when using our product or Service. If you are not in good health or physically fit, you must obtain your doctor’s consent before using our product or Services, failure to do so may result in adverse health consequences.
4.9 Please seek medical advice in regards to your health conditions and physical fitness.
4.10 If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
- Our Reliance on Your Accuracy of Information
5.1 You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances.
5.2 You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
5.3 You warrant the truth, accuracy, currency and completeness of any information you provide us.
- Your obligations as a Member
6.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Maud Schipper and Jeroen van Houten of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Maud Schipper and Jeroen van Houten providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Maud Schipper and Jeroen van Houten;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Maud Schipper and Jeroen van Houten for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
7.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
(a) PayPal (‘PayPal‘)
(b) Stripe (‘Stripe)
7.2. All payments made in the course of your use of the Services are made using Stripe and/or PayPal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe and/or PayPal terms and conditions which are available on their website.
7.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
7.4. You agree and acknowledge that Maud Schipper and Jeroen van Houten can vary the Services Fee at any time.
- Refund Policy
Maud Schipper and Jeroen van Houten will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if Maud Schipper and Jeroen van Houten make a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
- Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of Maud Schipper and Jeroen van Houten are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Maud Schipper and Jeroen van Houten or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Maud Schipper and Jeroen van Houten, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Maud Schipper and Jeroen van Houten do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Maud Schipper and Jeroen van Houten.
9.3. Maud Schipper and Jeroen van Houten retain all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)
9.4. You may not, without the prior written permission of Maud Schipper and Jeroen van Houten and the permission of any other relevant rights owners: Broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are In the public domain.
- General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Maud Schipper and Jeroen van Houten will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Maud Schipper and Jeroen van Houten make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Maud Schipper and Jeroen van Houten) referred to on the Website, including (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Maud Schipper and Jeroen van Houten; and
(d) the Services or operation in respect to links which are provided for your Convenience.
- Limitation of liability
12.1. Maud Schipper and Jeroen van Houten’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Maud Schipper and Jeroen van Houten, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or by Maud Schipper and Jeroen van Houten as set out below.
13.2. If you want to terminate the Terms, you may do so by:
(a) providing Maud Schipper and Jeroen van Houten with 14 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Maud Schipper and Jeroen van Houten has made this option available to you.
Your notice should be sent, in writing, to Maud Schipper and Jeroen van Houten via the ‘Contact Us’ link on the Website.
13.3. Maud Schipper and Jeroen van Houten may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Maud Schipper and Jeroen van Houten are required to do so by law;
(c) the provision of the Services to you by Maud Schipper and Jeroen van Houten is, in the opinion of Maud Schipper and Jeroen van Houten, no longer commercially viable.
13.4. Subject to local applicable laws, Maud Schipper and Jeroen van Houten reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Maud Schipper and Jeroen van Houten’s name or reputation or violates the rights of those of another party.
14.1. You agree to indemnify Maud Schipper and Jeroen van Houten, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the provided services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australia Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 1 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by Maud Schipper and Jeroen van Houten is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
- Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- Electronic Communications
We use electronic means of communication, whether you visit the Site or Service or send us emails, or whether we post notices on the Site or Service or communications with you via email. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.