1. Licence to use Site
1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the Terms.
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 content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) we may alter, amend or cease the operation of the Site at any time in our sole discretion;
(b) we retain the right in our sole discretion to remove any content or information you add or post on the Site if we believe that it violates these Terms or for any other reason; and
(c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property 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 2.2 and the consent in 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.
3.1 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.
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 The material at this Site may include views or recommendations of third parties which do not necessarily reflect our views or indicate its commitment to a particular course of action.
4.4 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions 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.
5.1 While we endeavour to keep the information on this Site up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products or services contained on the Site for any purpose. Any reliance you place on the information contained on the Site is strictly at your own risk.
6. Product attributes
6.1 By ordering from Muscle Diets, you understand that published product weights are estimates in line with the Average Quantity System (AQS) regulations adopted in Australia. If you require food products with exact specifications, such as a medical food product, you should forego ordering from us.
6.2 While every reasonable effort is made to adhere to the estimated product weight, due to a range of factors in relation to fresh pre-packaged meal products, such as the ingredient mix and moisture retention, the packaged product weight may vary from the estimated weight.
6.3 More information is available about the AQS on the Australian Government Department of Industry, Science and Resources website.
7.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
7.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
8.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
8.2 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.
8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
8.4 Any agreements made by Muscle Diets PTY LTD is done strictly on a case by case basis and under a strict agreement of privacy. If negative comments are published on a third party platform, or on Muscle Diet's own content clause 8.3 does not apply and no expense will be borne by Muscle Diets for refunds or replacements.
8.5 This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.