Terms & Conditions of Use
Welcome to the Healthy Eating Quiz™ (Quiz). These Terms and Conditions govern your access to and use of the Healthy Eating Quiz website, Quiz, Quiz Data and Quiz Feedback (the Service).
Important notice: The Healthy Eating Quiz™ measures the variety of healthy foods you usually eat. It is designed to give you a general overview of the nutritional quality of your usual dietary patterns and is based on commonly eaten foods in Australia. The Quiz will provide feedback on how your eating habits align with recommendations contained in the Australian Dietary Guidelines using the validated diet quality score, the Australian Recommended Food Score. While the Quiz has been developed by extensive research that has been subject to academic peer review, it is not intended to be, and should not be relied on as a diagnosis or treatment advice for specific medical conditions. In particular, any feedback generated by your use of the Service will not take into account any pre-existing medical conditions or other individual circumstances (such as use of vitamin and/or mineral supplements or any food allergies). As a result, any assessment generated by the Service may not be a complete representation of your individual circumstances. You acknowledge that the Service is not a substitute or replacement for the independent advice of a qualified healthcare professional.
Use of the Service indicates your acceptance of these Terms and Conditions. Do not access or use the Service if you do not accept these Terms and Conditions.
The Privacy Statement also forms part of these Terms and Conditions. Any personal information you supply will be dealt with by the University in accordance with the Privacy Statement, and by accepting these Terms and Conditions you consent to such use.
The Service is provided by the University of Newcastle ABN 15 736 576 735 (the “University”, “we” or “us”).
1. ACCESS TO AND USE OF THIS SERVICE
- The Service includes access to the Quiz, which is comprised of several questions on the consumption frequency of selected foods. Participation in the Quiz is voluntary.
- The Service is intended for users who are 18 years of age or older, or by a parent or legal guardian of a person aged 2 to 17 years and who accepts these Terms and Conditions both as parent or legal guardian and on the behalf of the child.
- Where you are a researcher, healthcare professional or otherwise and have purchased the right for third parties to complete the Quiz, you must also obtain their consent to these Terms and Conditions. Evidence of such consent must be supplied to us on request.
- We reserve the right to deny you access to, or use of, all or part of the Service, without prior notice, if you engage in any conduct that we believe, in our sole discretion: (i) violates any term or provision of these Terms and Conditions; (ii) violates our rights or those of third parties; or (iii) is otherwise inappropriate for continued access and use of the Service.
2. GENERAL DISCLAIMER
- You agree to provide true, accurate, current and complete information about yourself as prompted by the Quiz (Quiz Data). The Quiz Data will then be assessed and a report issued containing an assessment of your usual dietary intake, in comparison to the Australian Recommended Food Score results (Quiz Feedback). You acknowledge that you are solely responsible for the deficiency or inaccuracy of the Quiz Feedback if you provide Quiz Data that is untrue, inaccurate, not current or incomplete. The Quiz may not take all of your individual circumstances into account. In particular, it does not account for any vitamin and/or mineral supplements that you have been or are taking, and only requests information about a selection of foods that are commonly consumed in Australia (so may not include all types of food you typically consume). In light of the foregoing, we do not make guarantees or warranties about the reliability, accuracy, completeness, suitability or quality, of any material on or accessible through the Service, including your Quiz Feedback.
- The information provided through the Service (including the Quiz Feedback) is general in nature, and the Service is not a substitute or replacement for the independent advice of a qualified healthcare professional. Nothing contained in the Service is intended to be used as medical advice and the Service is not intended to be used for medical purposes. You are encouraged to seek the advice of an appropriately qualified healthcare professional before and after using the Services. If you suffer from a chronic disease or pre-existing health condition, you should consult a qualified healthcare professional before making any changes to your diet, exercise routine, or taking any medicines or nutritional supplements as a result of information received through the Service. We disclaim all liability and responsibility arising from any reliance you place on the Service in making medical or clinical decisions or otherwise diagnosing, treating or managing a health condition.
3. USER INFORMATION & EMAIL COMMUNICATIONS
- To use the Service, you may be required to register by providing certain identification and login information (including an email address), which will be dealt with in accordance with the Privacy Statement. By using the Services, you consent to receiving email communications from us regarding the Services, including for the purpose of communicating your Quiz Feedback. You may also provide your consent to receive email communications from us, including email communications regarding other products and services offered by us. You can opt out of receiving email communications from us at any time by following the unsubscribe instructions contained in each email communication.
- You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Service. You agree to notify The University immediately of any unauthorised use of your password or any other breach of security. You are responsible for all activities that occur in connection with the use of your identification and login information for the Service.
4. USER CONDUCT
- You must not use the Service to:
- impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
- post, disclose or transmit any material that is defamatory, obscene, misleading or deceptive, or which infringes our or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to us or any third party;
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Service;
- conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- attempt to gain unauthorised access to the Service or computer systems or networks connected to the Service through any means;
- send junk, obscene, indecent, offensive or threatening electronic mail or “spam” to any person or company;
- commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
- collect, store, post, disclose or transmit personal information or data about others, including email addresses; or
- contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
5. LINKS & ADVERTISING
- This Service may contain links to the Australian Eating Survey®. The Australian Eating Survey® is a separate service supplied by the University and you will need to agree to separate terms and conditions to use that service, and you may be charged a fee for that service.
6. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
- Subject only to 6(b) below:
- this Service is provided by us on an “as is” basis without any express or implied warranty of any kind;
- the World Wide Web exists across open public networks that are neither secure nor private. No website encryption of security is warranted. Accordingly, you acknowledge and accept the risk that any communication to or from the Service may be intercepted, used or modified by third parties;
- we do not warrant that access to or use of this Service will be uninterrupted or error free or that the Service or any material on or accessible through the Service is free from errors or viruses, worms, Trojan horses, time bomb, cancelbot or other harmful components;
- we do not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Service;
- we may change any of the material on the Service at any time without notice;
- we makes no commitment to update any material on the Service;
- you are responsible for assessing the accuracy, reliability and suitability of the material on or accessible through the Service;
- you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Service, or the material on or accessible through the Service;
- we and our officers, directors, employees, agents and related bodies corporate shall not be liable for any loss or damage including losses or damages for loss of profits, business interruption, loss of information, loss of revenue, loss of data, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the Service, even if we have been advised of the likelihood of such damages.
- Some terms, conditions and warranties are implied or expressly included into some contracts for the supply of goods or services by the laws of any country or state in which these terms and conditions are effective, and such law expressly states such terms may not be excluded, restricted or modified or may be excluded, restricted or modified only to a limited extent (Prescribed Terms). Where any Prescribed Terms apply, our liability and that of our officers, directors, employees, agents and related bodies corporate, to you for a breach of a Prescribed Term is limited to the maximum extent permitted by law, and in the case of Prescribed Terms under the Australian Consumer Law, to our option:
- in the case of any services supplied under these terms and conditions, be limited to the supply of the services again, or the payment of having the services resupplied; and
- in the case of any goods supplied under these terms and conditions, be limited to 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.
You agree to indemnify, defend and hold harmless us and our officers, directors, shareholders, employees, consultants, agents and related bodies corporate from any and all third-party claims, liability, damages and costs (including, but not limited to, reasonable lawyers’ fees) arising from your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
8. INTELLECTUAL PROPERTY RIGHTS
- The Quiz questions, information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, source code and control features of the Service (Content) is protected by copyright, trade mark and other intellectual property laws.
- You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content except as expressly provided in these Terms and Conditions or as expressly permitted by the Copyright Act.
- ‘Healthy Eating Quiz™’ and other logos and name are our trade marks. They may not be used as part of your business or in connection with any goods or services without our prior written consent.
- We may from time to time amend, update, or change the Service, including these Terms and Conditions, without prior notice.
- The University may assign or transfer the rights granted to, and obligations imposed on, it under these Terms and Conditions to the other, and you hereby consent to such assignment or transfer without giving prior notice to you or obtaining your consent.
- We will not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond our reasonable control, including any form of technological failure or the actions of third parties.
- These Terms and Conditions (including the Privacy Statement) constitute the entire agreement between you and us with respect to this Service, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Service.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- Any failure by us to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of ours in respect of any existing or subsequent breach of these Terms and Conditions.
- The law of New South Wales, Australia governs these Terms and Conditions. You hereby consent and submit to the exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms and Conditions.
- We operate the Service in Australia. Information contained on the Service may not be appropriate or available for use in other locations. If you access the Service from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.