Welcome to the website of Intuitive Food Design PTY LTD (ABN 31 645 441 952) (“we”, “us” or “IFD”), a resource for gluten free, wholefood recipes, lifestyle tips and health coaching and healing services
This website is located on the web via the domain (www.intuitivefooddesign.com and includes all of the files located in that domain (“this site”).
Agreement to these Website Terms of Use
By accessing and using this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and Intuitive Food Design PTY LTD and govern your use of this site and are to be read in conjunction with the Intuitive Food Design PTY LTD Trading terms, which apply to the legal relationship between Intuitive Food Design PTY LTD and its customers in relation to their purchase of produce supplied by Intuitive Food Design PTY LTD and the Intuitive Food Design PTY LTD Workshop terms and conditions that apply to registration for workshops and tours provided by Intuitive Food Design PTY LTD.
If you do not agree to these Website Terms of use do not access or use this site.
Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at www.intuitivefooddesign.com/privacy-policy), which is incorporated by reference into these Website Terms of Use.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to Intuitive Food Design PTY LTD that you are over the age of 18 years. Should Intuitive Food Design PTY LTD suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Intellectual Property
This site and all materials displayed on it, including all content on the pages or screens of the website, text, graphics, advertisements, names, logos and trademarks (whether registered or not) (collectively “ Intuitive Food Design PTY LTD Content”) are our property or the property of their respective owners and are protected by copyright, trademarks and other intellectual property laws.
All Intuitive Food Design PTY LTD Content and the site are subject to change or discontinuity at any time. Changes may include imposing limits on certain features or restricting access to parts of the site or Intuitive Food Design PTY LTD Content. Whilst Intuitive Food Design PTY LTD endeavours to try and keep the site and Intuitive Food Design PTY LTD Content up to date, they are provided on an “as is “basis. To the maximum extent permitted by law, Intuitive Food Design PTY LTD and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of the Intuitive Food Design PTY LTD Content, and in particular do not represent, warrant or guarantee that:
● the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
● this site will meet your requirements or expectations;
● anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
● the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
● errors or defects will be corrected; or
● this site or the servers that make it available are free of viruses or other harmful components.
Your use of the site and Intuitive Food Design PTY LTD Content
You may use the site and Intuitive Food Design PTY LTD Content for your personal and non-commercial uses only. No material from Intuitive Food Design PTY LTD Content or on the site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, other than for reference purposes only, and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Intuitive Food Design PTY LTD copyright and other proprietary rights.
Everything that appears on the site, including text, structure, composition, graphic elements, layout, logos, software and all other possible elements of this website, with the exception of the contributions of third parties, is protected by intellectual property rights of Intuitive Food Design PTY LTD, its suppliers or partners.
Prohibited conduct
It is prohibited to copy, distribute, transmit, translate, distribute, reproduce, publish, license, transfer or sell the information on this site or to create works that are derived from the above, without the prior written authorisation from Intuitive Food Design PTY LTD.
No illegal use
You must not use this site or any of the Intuitive Food Design PTY LTD Content in any manner for any purpose which is illegal or prohibited by law. You agree to use this site and Intuitive Food Design PTY LTD Content for lawful purposes only and not to post or transmit any information or material which in any way infringes or violates the rights of others or which is defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. Intuitive Food Design PTY LTD reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
● represent and warranty to Intuitive Food Design PTY LTD that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
● grant to Intuitive Food Design PTY LTD a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Intuitive Food Design PTY LTD’s absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
Violations of these Website Terms of Use
Without limiting any other remedies available to Intuitive Food Design PTY LTD at law or in equity, Intuitive Food Design PTY LTD reserves the right to, without notice:
● temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
− you breach any provision of these Website Terms of Use;
− Intuitive Food Design PTY LTD is unable to verify or authenticate any information that you provide to us; or
− Intuitive Food Design PTY LTD believes that your actions may cause damage and/or legal liability to Intuitive Food Design PTY LTD, any of its customers or suppliers or any other person; and
● remove or block access to any information and/or materials (in whole or in part) that Intuitive Food Design PTY LTD, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.
Indemnity
You indemnify and hold harmless Intuitive Food Design PTY LTD and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
● any material or information that you submit, post, transmit or otherwise make available through this site;
● your use of, or connection to, this site; or
● your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
Intuitive Food Design PTY LTD reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. Intuitive Food Design PTY LTD will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Intuitive Food Design PTY LTD will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify Intuitive Food Design PTY LTD immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site, you must agree to these Website Terms of Use and provide Intuitive Food Design PTY LTD with:
● a valid email address;
● accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
● any other information that may be required by Intuitive Food Design PTY LTD during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Intuitive Food Design PTY LTD that all information provided to Intuitive Food Design PTY LTD by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Approval of registrations
Intuitive Food Design PTY LTD reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Orders
Order constitutes offer
By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, Intuitive Food Design PTY LTD will endeavour to supply your selected products/services to you.
We will not commence processing any order made through this site unless and until:
● payment for the order has been received by us in full; and
● the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
● at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
● at any time to refuse to provide products or services to you:
Acceptance of orders
Acceptance of each order will take place if and when Intuitive Food Design PTY LTD:
● in the case of physical items, sends the requested items to you, at the time at which the items are dispatched by Intuitive Food Design PTY LTD, and title to, and risk in, the items will pass from Intuitive Food Design PTY LTD to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place; or
● in the case of services, either:
− provides the services to you, at the time at which Intuitive Food Design PTY LTD commences providing the services; or
− notifies you in writing that your order has been accepted, at the time at which such notification is sent by Intuitive Food Design PTY LTD.
Prices
Intuitive Food Design PTY LTD reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
Shipping costs
Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.
GST
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment methods
Payment for orders placed through this site may be made by credit card (Visa or MasterCard only) processed offline.
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Refunds and other remedies
Except as expressly provided otherwise in these Website Terms of Use or other Intuitive Food Design written agreements, all amounts paid through this site are non-refundable. Further information on the steps that Intuitive Food Design PTY LTD will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.
Security
While our payment processing and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Intuitive Food Design PTY LTD.
Dealings with third parties
Third party goods/services and websites
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
User acknowledgements
You acknowledge that Intuitive Food Design PTY LTD does not:
● check the truth or currency of any of the material or information that third parties provide or make available through this site;
● control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
● offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
● endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Intuitive Food Design PTY LTD to you or otherwise become known to you through this site.
Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this site and Intuitive Food Design PTY LTD is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, Intuitive Food Design PTY LTD and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, Intuitive Food Design PTY LTD and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Intuitive Food Design PTY LTD’s sole discretion):
● in the case of goods, to any of the following:
− 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 the cost 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.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Intuitive Food Design PTY LTD excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Intuitive Food Design PTY LTD, and Intuitive Food Design PTY LTD shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Notifications
Intuitive Food Design PTY LTD may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Intuitive Food Design PTY LTD’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
Intuitive Food Design PTY LTD may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Intuitive Food Design PTY LTD to act with respect to a breach by you or others does not waive Intuitive Food Design PTY LTD’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
Intuitive Food Design PTY LTD reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with Intuitive Food Design PTY LTD.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
