AUSTRALIAN EATING SURVEY® – ONLINE VERSION

TERMS AND CONDITIONS

Welcome to the Australian Eating Survey®. These Terms and Conditions govern your access to and use of the Australian Eating Survey® website, survey, survey feedback and exported data (the Service).

Important notice:  The Australian Eating Survey® will provide feedback on how your eating habits align with recommendations contained in the Australian Dietary Guidelines.  While the Survey 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 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 & USE OF THE SERVICE

  • The Service includes access to the Australian Eating Survey®, which is comprised of several food frequency questionnaires (the “Survey”).  Participation in the Survey 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 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 Survey, 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 Survey (the Survey Data). The Survey Data will then be assessed and a report issued containing an assessment of your habitual dietary intake, in comparison with the Australian Dietary Guidelines and the Nutrient Reference Values (the Survey Feedback). You acknowledge that you are solely responsible for the deficiency or inaccuracy of the Survey Feedback if you provide Survey Data that is untrue, inaccurate, not current or incomplete. The Survey 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 Survey Feedback.
  • For researchers, dietitians and other clinicians: Upon request you will be provided with an export of data from the Service relating to your participants/patients (the Data Export). Use of the Data Export is detailed in section 9. The University is not liable for the deficiency or inaccuracy of the Data Export if participants/patients provide Survey Data that is untrue, inaccurate, not current or incomplete. 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 the Data Export.
  • The information provided through the Service (including the Survey Feedback and Data Export) 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 Survey 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.            FEES & PAYMENT

  • A one-time fee is payable for access to the Service. Unless a third party pays this fee on your behalf, you will need to supply a valid credit card or approved purchase order information. The University may require, and you agree that the fee will be paid by means of, credit card payments or other forms of electronic funds transfers. Payment services may be supplied by a third party and we take no responsibility in respect of such services. Your use of such services may be subject to acceptance of additional terms and conditions.
  • If you are paying by credit card, only valid credit cards acceptable to the University or its payment service providers may be used by you to make payment, and all authorized refunds will be credited to the same card. If the credit card cannot be verified, is invalid, is declined, or is not otherwise acceptable, or if the University does not receive payment, your access to the Service may be terminated, deferred, suspended, or cancelled by the University without notice at the University’s discretion and the University may generate invoices for payment.
  • All prices are given and must be paid in Australian dollars. Unless otherwise provided by law or in connection with any particular offer, all charges are non-refundable.
  • Unless otherwise stated, all fees are exclusive of all taxes, fees, levies, duties or similar charges, and you will be responsible for payment of all such taxes, fees, levies, duties or similar fees, excluding only taxes based solely on the University’s income.
  • No refund will be given if you fail to enter sufficient information in the Survey to enable the Survey Feedback to be generated. Where you are buying access to the Service for multiple third parties, registration codes may expire after 12 months and no refunds will be given for any unused registration code.

5.            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.

6.            LINKS & ADVERTISING

  • This Service may contain links to third party websites. Those sites may not be under our control and we are not responsible for the content or the links contained in third party sites. We and our officers, directors, employees, agents and related bodies corporate do not recommend or endorse the content of any third party sites which may be linked to or from the Service, or products or services of any third party organisations mentioned or described on this Service or linked to or from this Service.  You acknowledge that you enter any third party websites at your own risk.
  • The Service may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. We and our officers, directors, employees, agents and related bodies corporate do not recommend or endorse the goods or services that may be advertised on the Service, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Service, you do so at your own risk.

7.            DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

  • Subject only to 7(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.

8.            INDEMNIFICATION

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.

9.            INTELLECTUAL PROPERTY RIGHTS

  • The Survey Feedback, Survey 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 (the Content) is protected by copyright, trade mark and other intellectual property laws and remains the property of the University.
  • 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.
  • ‘Australian Eating Survey®’ 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.
  • For individuals: You may use the Survey Feedback for personal use only to assist you to understand your dietary/eating habits or to consult with a qualified healthcare professional.
  • For researchers, dietitians and other clinicians:
    • You may use the data comprised in the Survey Feedback for non-commercial research purposes or to assist you in the treatment of your participants/patients who have completed the Service only.
    • You may not use, publish or reproduce the form of the Survey Feedback (the report) without the University’s prior written consent which it may withhold in its absolute discretion.
    • Upon request, you will be provided with an export of data from the Service relating to your participants/patients (the Data Export). The Data Export will include:
      • The Survey Data for your participants/patients (being the raw unprocessed responses to the Survey);
      • Analysed Data; consisting of:
        • Total energy, macronutrient and micronutrient intakes
        • Percentage of energy contributed to total energy intake by:
          • Macronutrients (protein, carbohydrate, fats, alcohol)
          • Core and non-core foods
        • Australian Recommended Food Score
    • You may use the Survey Data for your participants/patients (being the raw unprocessed responses to the Survey) as you see fit provided such use is in accordance with these Terms and Conditions, the Privacy Statement and all applicable laws. The University makes no claim to ownership of this Survey Data.
    • You may use the Analysed Data from the Data Export for non-commercial research purposes or to assist you in the treatment of your participants/patients who have completed the Service only. The University reserves all rights to the intellectual property therein and no other use is permitted without the University’s prior written consent which it may withhold in its absolute discretion.

10.         GENERAL

  • 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 not 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.