Terms & conditions

These Terms of Use (“Terms”) govern your use of our website located at www.efficientlynutricious.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Efficiently Nutricious (ABN 42 151 200 127) (“us”/”we”/”our”). The term “you” or “your” refers to the website user accessing or using our Site.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on customercare@efficientlynutricious.com.au .

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to Site
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
(a) Unless you hold all necessary rights, licences and consents to do so;
(b) That would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) 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;
(d) That would bring us, or the Site into disrepute; or
(e) That infringes the intellectual property or other rights of any person.
1.4 The Site contains links to other websites as well as contents added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) The Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property and Rights
2.1 Nothing in these Terms 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 Site.
2.2 By posting or adding any content onto the Site, 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.
2.3 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.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3. Warranties
3.1 You represent and warrant to us that:
(a) You have the legal capacity to enter these Terms; and
(b) You have complied with clause 1.3.
3.2 Whilst we have made considerable effort to ensure the accuracy of nutritional information on the Site, we cannot warrant that such information is free from error or is suitable for your purposes.
3.3 We do not warrant the security of any information you transmit to us. Accordingly, you acknowledge that any information you transmit to us is done at your own risk. We will take reasonable steps to preserve the security of any information received by us.

4. Liability and Disclaimer
4.1 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 damages.
4.2 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.
4.3 These Terms 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 extent possible, we limit our liability in respect of any claim to, at our option:
(a) In the case of goods
(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of having the goods repaired; and
(b) In the case of services
(i) The supply of the services again; or
(ii) The payment of the cost of having the services supplied again.
4.4 To the full extent permitted by law, we exclude all liability arising, whether direct, indirect or consequential, from the accuracy or completeness of any information published on the Site. To the full extent permitted by law, we disclaim as loss arising from any action taken or reliance made by you on any information or material made available on the Site.
4.5 We derive our information from sources which we believe to be accurate and up-to-date. We do not make any representations or warranties that any information we provide is accurate for your circumstances or complete.
4.6 You undertake to carefully evaluate the accuracy, completeness and relevance of any information including but not limited to the nutritional information published on the Site and you undertake to consider the need to obtain appropriate expert advice relevant to your purposes prior to relying on any information published on the Site.
4.7 Whilst we take steps to consider the shelf life of the food when designing our meal plans, you undertake to exercise care and judgment to ensure food prepared is safe for consumption.
4.8 You are responsible for the safety of your food. To the full extent permitted by law, we exclude all liability for any direct, indirect, consequential or other loss, expense or damage (however caused, including due to negligence) which may arise out of, or in connection with, the safety of food being prepared in accordance with our meal plans.

5. Termination
5.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
5.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

6. General
6.1 You must not assign, sublicence or otherwise deal in any way with any of your rights under these Terms.
6.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
6.4 This Agreement is governed by the laws of the Australian Capital Territory and each party submits to the jurisdiction of the courts of the Australian Capital Territory.

In order to fully utilise the information supplied on the Site, you may be prompted to register as a member for access to this Site for a Subscription Fee.

7. Members
7.1 In this clause:
(a) “Subcription Fee” means a fee determined by us from time to time for the grant of licence in accordance with clause 7.3.
(b) “Goods and/ or Services” means any goods supplied by us to you under the Terms
(c) “Member” means a user of the Site with a grant of licence in accordance with clause 7.3\
(d) “GST” means goods and services tax applicable under the Goods and Services Tax Act.
7.2 By subscribing as a Member, you represent and warrant to us that, in addition to your warranties in clause 3.1, you will comply with the terms listed in this clause 7.
7.3 In return for payment of a subscription fee determined by us from time to time (“Subscription Fee” we grant you a non-exclusive, worldwide, non-transferable licence to use the Member’s section of this Site subject to the Terms including but not limited to the terms stipulated in this clause 7. In addition, you will receive an Efficiency Pack on Thursday of every week.
7.4 The first Efficiency Pack will be sent to a Member on the first Thursday after a Member has paid the Subscription Fee. If a Subscription Fee is not received by us at 11.59PM (AEST) on Wednesday then an Efficiency Pack will not be sent until the following Thursday.
7.5 You must pay the Subscription Fee plus any GST in cleared funds prior to being granted access to the Member’s section on the Site.
7.6 You may be prompted to submit certain personal information which include, but is not limited to your name, contact details and credit card details. By providing us these information, you consent to us storing this information.
7.7 Upon becoming a Member, you will be prompted to create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any activities on this Site which occurs under your login.
7.8 We may, at any time, terminate your access to the Member’s section of this Site if we deem that you have failed to comply with any part of the Terms.
7.9 Any submission of orders by you for Goods and/or Services will be subject to acceptance by us. We may accept or reject an order at our sole discretion and we will notify you of our acceptance or rejection as part of the ordering procedure.
7.10 Acceptance by us of an order for Goods and/or Services and your continued access of the Members section of the Site is subject to payment for those services being received by us.
7.11 You acknowledge that we will be engaging the services of a third party to process any financial transaction related to Goods and/or Services sold through the Site. By proceeding to make payment through the gateway to a third party through our Site, you release and hold us harmless against any liability for loss arising from your use of this payment method.
7.12 All fees and charges for any Goods and/or Services offered by us are GST inclusive. A tax invoice will be issued to you for the payment for any Goods and/or Services via e-mail at the e-mail address nominated by you.
7.13 If you have set up an auto debit payment arrangement, you may cancel the payment arrangement at any time before 11.59PM (AEST) on Wednesday.